Federal Register: 39 Fed. Reg. 17087 (May 13, 1974)

MONDAY, MAY 13, 1974 WASHINGTON, D.C.

Volume 39 N Number 93 ~ E 0 Pages 17087-17206 U- PART I

W HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status oof any document published In this Issue. Detailed table of contents appears Inside. PHIYSICIAN SHORTAGE-HEWI proposal to award scholarships to medical students, comments by 5-29-74- 17106 YOUTH EMPLOYMENT--CSC amends pay rate for summer aides, effective 5-1-74 17096 STUDENT LOANS-HW authorizes special allowance 'rate; effective 6-12-74 ...... 17104 TEACHER CORPS CONTINUATION INSERVICE PROJECT- HEW announces final date for receipt of applications; W closing 6-14-74.17115 FARM LOANS-Agniculture Department establishes interest rates, effective 5-13-74.__ ___ 17114 Jo FLOOD INSURANCE-Farmers Home Administration regulation requiring coverage for designated areas, effective 5-13-74 -.. 17093 PESTICIDES-USDA regulation concerning use on Na- tional Forest System lands; effective 5-15-74- 17102

'-a w u RAIL SERVICE-ICC evaluation of DoT report - -17147 - - (Continued Inside)

PART II: SUMMER PROGRAM FOR ECONOMICALLY DIS- ADVANTAGED YOUTH-Labor Department prescribes guidelines for Implementation; effective 6-12, comments by 6-30-74 - 17181- PART III: LOW RENT PUBLIC HOUSING-HUD Issues regulations regarding existing housing; effective 5-13-74 17185 PART IV: WASTE TREATMENIT PLANS-EPA approrves grants for development and Implementation, comments by 6-27-74 - 17201

27o. V3--t. I- 1 reminders I (t e items in this list were editorially compiled as an aid to FPamL Rmz=ra users. Inclusion or exclusion from this list has no egal 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 This list Includes only rules that were published in the FEDE-AL REGisT after Octo- ber 1, 1972. page no. and date HEW/Office of Education-Emergency School Aid; eligibility for funds. 13268; 4-12-74

/ _ Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on offial Federal 0 holidays). by the Office of the Federal Register, National Archives ancl Records Sorvico, General Services C SO Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stab. 500, as amended, 44 U.S.O., Ch. 15) aid the regulations of the Administrative Committee of the Federal Register (1 OMI Oh. I). Distribution U) 1,3. is made only by the Superintendent of Documents, U.S. Government Printing Ofcte, Washington, D.O. 20403. . 0 The FDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices lIsued by Federal agencies. These Include Presidential proclamations and Executive orders and Federal agency documonto having general applicability and legal effect, documents required to be published by Act of Congress And other Federal a-Onoy documents of public interest. I

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FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 HIGHLIGHTS--Contlinued

MEETINGS- Dataphone Digital Service Meeting, 5-21-74 .17126 Civil Rights Commission: Utah State Advisory Com- mittee, 5-23-74.-_ 17119 HEW. National Advisory Mental Health Council, 6-10, 6-11, and 6-12-74.__ 17115 Maryland State Advisory Committee, 5-16-74.- 17119 National Endowment for the Humanities: National Oklahoma State Advisory Committee, 5-17-74.... 17119 Council on the Humanities Advisory Committee, 5-23 Commission on Revision of the Federal Court Appellate and -2-4...... 17137 System, 5-20-74_. 17119119...... DoD: Defense Intelligence Agency Scientific Advisory Treasury Department: Comptroller of the Currency's Committee, 5-31-74. .. 17112 Regional Advisory Committee on Banking Policies and FCC: Cable Television Technical Advisory Committee Practices of the Second National Bank Region, 5-17 Panel 7, 5-16-74 ---- 17126 and 5-18-74_ _ ..____ 17112

-contents

AGRICULTURAL MARKETING SERVICE Structure and internal operat- ENVIRONMENTAL QUALITY COUNCIL Proposed Rules ing procedure 17119 Notices Limitations of handling: COMPTROLLER OFTHE CURRENCY Environmental impact state- Cherries grown in certain Notices ments; statements received... 17119 States ------17105 Meetings: FARMERS HOME ADMINISTRATION AGRICULTURE DEPARTMENT Regional Advisory Committee Rules See also Agricultural Marketing on Banking Policies and Prac- National flood -insurance; flood Service;. Farmers Home Admin-, tices of the Second National and mudslde prone areas--_ 17093 Bank Region ...... 17112 istration; Forest Service. Notices Notices CUSTOMS SERVICE Insured business and industrial Flue-Cured Tobacco Advisory Proposed Rules loans; interest rates_____ 17114 Committee; determination --- 17114 Shipments of books; Invoice re- FEDERAL AVIATION ADMINISTRATION ALCOHOL, DRUG ABUSE, AND MENTAL quirement- 17105 HEALTH ADMINISTRATION Rules Notices DEFENSE DEPARTMENT Airworthiness directives: Meetings: Notices Avco Lycomin .-.. 17097 National Advisory Mental Meetings: Beech __ __ 17097 Health CounciL ------17115 Defense Intelligence Agency Control zone-_ --...... 17097 Scientific Advisory Commit- RNAV routes ...... 17093 CIVIL AERONAUTICS BOARD tee 17112 Restricted area; correction .. 17097 Notices Transition area, correction-.... 17093 Hearings,etc.: DOMESTIC AND INTERNATIONAL Proposed Rules BUSINESS ADMINISTRATION Certain U.S. and Canadian air Contrbl zone and transition areas carriers _____- 17116 Rules (5 documents) ..... 1.7103 17109 Eastern Air Lines and Ozark Air General license GTDR; revision- 17098 Lines 17118 FEDERAL COMMUNICATIONS Frontier Airlines, Inc ...... 17118 EDUCATION OFFICE COMMISSION CIVIL RIGHTS COMMISSION Rules Notices Notices Administrative and fiscal require- Common carrier services informa- Meetings: ments; corrections ...... ------17104 tion; domestic public radio serv- Aryland State Advisory Com- Low interest student loans; spe- ices applications accepted for mittee -- 17119 clal allowances- 17104 filing 17124 Oklahoma State Advisory Com- Notices Meetings: mittee ------17119 Teacher Corps continuation In- Cable Television Technical Ad- Utah State Advisory Com- service projects; closing date for visory Committee, Panel 7.- 17126 mittee ------17119 receipt of applications-...... 17115 Dataphone Digital Service___ 17126 CIVIL SERVICE COMMISSION Hearings,etc.: Rules ENVIIRONMENTAL PROTECTION AGENCY WAVV Commun cations, Inc. Excepted service; temporary sum- Rules and Avalon Broadcastin- Co. 17126 mer aid positions ------17096 Areawide waste treatment grants; FEDERAL POWER COMMISS!OI'N interim regulations_...... 17201 COMMERCE DEPARTMENT Proposed Rules See Domestic and International Proposed Rules Puerto Rico; approval Electric rate schedules; fhed rate Business Administration; Na- of compil- contract provisions; correction. 17111 tional Oceanic and Atmospheric amce schedules------17109 Notices Administration. Notices COMMISSION ON REVISION OF THE Receipt of applications for pesti- Authorization to sell natural gas; FEDERAL COURT APPELLATE SYSTEM cide registration; data to be applications for certificates, considered in support abandonment of service and Notices of appli- petitions to amend certificates-- 17127 Meetings: cations ------17123 Appellate system structural (Continued o. next page) changes; hearing ------17119 17089

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17090, CONTENTS

Hearings, etc.: HOUSING AND URBAN DEVELOPMENT Opera guidelines; 1976 fiscal year 17144 DEPARTMENT Aikman Brothers (2 docu- NATIONAL ENDOWMENT FOR THE ments) ------17127, 17128 Rules HUMANITIES Central Kansas Power Company Housing assistance payments pro- Notices Inc ------17128 gram; procedures and deter- Chattanooga Gas Co ------17136 ------17185 Meetings: minations National Council on the Hu- Cities Service Gas Co ------17128 Notices Columbia Gas Transmission manities Advisory Commit- Policy De- Corp------17129 Assistant Secretary for tee ------17137 velopment and Research; desig,- Columbia Gulf Transmission NATIONAL OCEANIC AND ATMOSPHERIC Co ------17129 nation and delegation of authority ------17115 ADMINISTRATION Consolidated Gas Supply Corp. Notices --- and North Penn Gas Co 17130 INDIAN AFFAIRS BUREAU Issuance of marine mammal per- Continental Oil Co ------17130 Notices Delmarva Power & Light Co___ 17131 mits: Aberdeen Area Office, Aberdeen, Homosassa Springs, Inc ------17114 Hydrocarbon Development Sea World, Inc ------17114 Corp ------17131 S. Dak.; change of address --- 17112 Kilroy Properties Inc ------17131 INTERIOR DEPARTMEiT PUBLIC HEALTH SERVICE Lone Star Gas Co ------17132 Proposed Rules River Transmission - See also Indian Affairs Bureau; Mississippi Land Management Bureau; Physician shortage area; scholar- Corp 17132 ------Mines Bureau; Reclamation Bu- Natural Gas Pipeline Company ship grants ------11106 reau. of America (2 documents)--- 17132, RECLAMATION BUREAU 17133 Notices Notices Northern States Power Co. (2 Availability of environmental im- Central Nebraske, Public Power documents) ------17133, 17134 pact statements: and Irrigation District; hearing Sun Ol Co. et al ------17134 Authorized initial stage of. Gar- on draft environmental state- Terra Resources Inc ------17134 rison Diversion Unit, N. Dak_. 17113 ment ------17113 Texas Eastern Transmission Proposed Charles Sheldon Wil- Corp ------17134 derness Area, Nevada ------17113 SELECTIVE SERVICE SYSTEM Toledo Edison Co ------17135 Notices United Gas Pipe Line Co ------17135 INTERSTATE COMMERCE COMMISSION Registrants processing manual; Western Gas Interstate Co--- 17136 Notices mail-in registration survey --- 17120 17165 FEDERAL RAILROAD ADMINISTRATION Assignment of hearings ------SMALL BUSINESS ADMINISTRATION Motor carrier board transfer pro- Rules Notices ceedings ------17165 Proposed Port Terminal Railroad of South Motor carriers of property; irregu- Size standards; concerns adversely Carolina; petition for exemp- lar-routes; elimination of gate- affected by military installation tion ------17115 way letter notices ------17165 closing ------17111 Secretary of Transportation's Rail Notices FEDERAL RESERVE SYSTEM Service Report; ICC evaluation 17147 District Directors et al.; delegation Notices 17147 LABOR DEPARTMENT of authority; correction ------Acquisitions: STATE DEPARTMENT Fidelity Financial Corporation Rules of Michigan ------17136 Economically disadvantaged Notices First Banc Group of Ohio, Inc- .17136 youth; 1974 summer program. 17181 Denmark; validity of passports--- 17112 National Detroit Corp ------17137 LAND MANAGEMENT BUREAU TARIFF COMMISSION FEDERAL TRADE COMMISSION Notices Notices Rules New Mexico; notice of application Consumption of knives, forks, and spoons with stainless steel han- Prohibited trade practices (2 docu- 1 (3 documents) ------17112 ments) ------17098, 17100 dies; report to the President... 17147 MANAGEMENT AND BUDGET OFFICE RCA Corp.; investigation regard- FOREST SERVICE Notices ing petition for determination.. 17147 Rules Clearance of reports; list of re- TRANSPORTATION DEPARTMENT Pesticides; regulated use ------17102 quests ------17146 See Federal Aviation Administra- Notices MINES BUREAU tion; Federal Railroad Adminis- Radiobiology of northern forest Rules tration. availability of communities; Mandatory health standards; sur- TREASURY DEPARTMENT final environmental statement 17114 face work areas ------17101 See Comptroller of the Currency; AND WELFARE HEALTH, EDUCATION, NATIONAL ENDOWMENT FOR THE ARTS Customs Service. DEPARTMENT Notices VETERANS ADMINISTRATION See Alcohol, Drug Abuse and Men- Rules tal Health Administration; Edu- Architecture and, Environmental Arts Program; 1975 fiscal year Construction procurement; relocation Office; Public Health cation of material ------17103 Service. guidelines ------17137

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 CONTENTS 17091 list of cfr parts affected

The following numerical guide is a list of the parts of each title of the Code of Federal iRegulatlons affected by documents published In today's Issue. A cumulative list of-p-rts affected, covering the current month to date, appears follcrAIng the lotices section of each issue beginning with the second issue of the month. In the last Issue of the month the cumulative list will appear at the end of the Isuo. 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.

5 CFR 15 CFR 36 CFR 213 ------. 17096 370 ------17098 261 ------17102 379 ...... ------17098 40 CFR 7 CFR 16 CFR 35 --.------.----.-17202 1806 ------17093 13 (2 documents) ------17098, 17100 PROPOSED RVLES: 52 17109 PROPOSED RULES: 18 CFR 930 ------17105 PROPOSED RULES: 41 CFR 35 ------17111 8-2 ------...... -- 17103 13 CFR 8-18- - -- 17103 19 CFR 1RoPOSED RULEs: 42 CFR PROPOSED RULES: PROPOSED RULEs: 121 ------17111 133 ...... 17105 141 ___ 171(15 57 .------.------17106 14 CFR 45 CFR 39 (2 documents) ------17097 24 CFR 1274 ------17186 118...... 17104 71 (2 documents) ------17097, 17098 121------17104 73 ------17097 29 CFR 166 -.-.-.-...... -- ..-- 17104 75 ------17098 97------....------17182 167 ----- 17104- 1. 17104 PRoPosED RULES: 30 CFR 187 ------17104 71 (5 documents) --...--17108, 17109 71 ------17101

FEDERAL REGISTER. VOL 39, NO. 93-MONDAY, MAY 13, 1974

17093 rules and regulations

This section of the FEDERAL REGISTER contains regulatory documents having General applicablity and le_'al effect mest 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 Document-. Prices of nc-.v bcoks or 1sted In the first FEDERAL REGISTER issue of each month.

Title 7-Agriculture Sec. • the country which are subject to floods 1806.22 Areas of responsibility. CHAPTER XVIII-FARMERS HOME ADMIN- and mudsildes and designate those areas 1806.23 DefinItions. maps. ISTRATION, DEPARTMENT OF AGRICUL- 1806.24 EUgibllty. on Flood Hazard Boundary TURE 1806.25 Conditions. (2) Notify affected communities of their designations and encourage them SUBCHAPTER A-GENERAL REGULATIONS 1806.26 Coverage and premium ratne. 1806.27 Acceptable poUclea and cervicng. to adopt and enforce land use and other [F A Instruction 426.2] Exhibit A-Coverage and Premium Rtates. control measures and to adopt ordi- PART 1806-INSURANCE Exhibit B-List of Servicing Companles nances or laws which will regulate and control construction in areas designated National Flood Insurance, Additions and AuTroarr: 7 U.S.C. 1989; 42 U.S.C. 1450; as having special flood or mudslide Redesignations 40 U.S.C. 442; 42 U.S.C. 2942: 5 U.S.C. 301; delegation of authority by the Sec. of AgrL., hazards. Part 1806, "Real Property Insurance," 38 FR 14944 (7 CFAt 2.23); deleation of au- (3) Make flood insurance available at of Subchapter A, 7 CFR Chapter XVII is thority by the Ast. Sec. for Rural Devel- reasonable rates in sufficient amounts, amended for expansion of this Part into opment, 38 FR 14944, 14952, (7 CFR 2.70). within the statutory limits, to adequately Subparts A and B and to change the title Subpart B-NatIonal Flood Insurance protect owners against loss to their of this Part to "Insurance." Part 1806 as buildings and contents when those presently shown in the CFR will be re- § 1806.21 General. buildings are located in or will be lo- tained without change and is hereby re- (a) Autlwrity. This Subpart pre- cated in designated special flood and designated as Subpart A; a new Subpart scribes the policies and procedures to mudslide prone areas in communities B entitled, "National Flood Insurance," be followed in Implementing the Na- participating in the National Flood provides regulations requiring flood in- tional Flood Insurance Act of 1968 as Insurance Program. surance coverage for buildings and their amended by the Flood Disaster Protec- (b) Farmers Home Administration. contents in designated flood and mud- tion Act of 1973. The provisions of these -The State Director, after being notified slide prone areas. This regulation is be- Acts are applicable to Farmers Home Ad- by the FmHA National Office or FEA of ing established to-implement these pro- ministration (FroHA) authorities per- designated flood or mudslide hazard visions of the National Flood Insurance mitting financing of buildings of any areas and receiving flood hazard bound- Act of 1969 as amended by the Flood type now located in or to be located ary maps Identifying the hazard areas, Disaster Protection Act of 1973. in special flood or mudslide prone areas FIA insurance rate charts, or other in- It is the policy of the Department that as designated by the Federal Insurance formation concerning the program, will rules relating to public property, loans, Administration (MtA) of the Depart- inform the appropriate County Super- grants, benefits or contracts shall be pub- ment of Housing and Urban Develop- visors and provide them the maps, rate lished for comment notwithstanding the ment (HUD), and any machinery, equip- charts, andc other relevant information exemption in 5 U.S.C. 553 with respect ment, fixtures and furn2hings contained concerning the program in areas they to such rules. See the Secretary of Agri- or to be contained therein. serve. Permanent records indicating the culture's statement setting forth the date a community was notified as con- (b) Background. The Congress has taining Identified flood hazard areas, policy on public participation in rule- found that annual losses throughout making 36 FR 13804, dated July 24, the nation caused by floods and mud- communities participating In the pro- 1971. In accordance with the spirit of slides are increasing at an alarming rate, gram, and communities eligible to partic- that policy, interested parties may sub- ipate but not participating in the pro- largely as a result of the accelerated maintained in the State Of- mit written comments, suggestions, data development and concentration of pop- gram will be -or arguments to the Office of the Deputy ulations in areas subject to floods and fice. County Supervisors will notify, in Administrator Comptroller, Farmers writing, those borrowers whose insurable mudsldes. The availability of Federal buildings are located in designated flood -Home Administration, U.S. Department funds in the form of loans, grants, guar- of Agriculture, Room 5007, South Build- antees, insurance and other forms of or mudslide hazard areas of the avail- ing, Washington, D.C. 20250, on or before financial assistance are often determin- ability of national flood insurance and June 12, 1974. Material thus submitted ing factors in the utilization of land and encourage them to obtain flood insurance will be evaluated and acted upon in the the location and construction of indus- to protect their and the Government's same manner as if this document were a trial, commercial and residential facill- financial interest. proposal. Since losses from floods have ties. Cc) Community. Communities are re- been increasing, this Subpart shall re- (c) Scope. The National Flood Insur- quired to participate in the National main effective until it is amended. It is ance Program (the program) was au- Flood Insurance Program within 1 year in the public interest for persons already thorized and -created because the pri- after notification of Its formal identifica- living in flood prone areas to have an op- vate insurance industry has been unable tion-as a community containing one or portunity to purchase flood insurance. to provide insurance coverage at rea- more special flood and mudslide prone Effective date. This new Subpart B will sonable prices for such natural disasters areas, or by July 1, 1975, whichever is become effective May 15, 1974. as floods and mudslides. Subsidized and later, or be denied Federal financial as- 1. As amended, the tfitle of Part 1806 affordable insurance has been made sistance or Federally-related financial its ex- assistance for acquisition or construction is changed to read "Insurance"; available under the Act through an purposes in such areas. Communities isting §§ 1806.1-1806.6 are designated as agreement between the Federal Insur- wishing to qualify for the program may new Subpart A and Subpart B is added ance Administration and the National submit a completed application to: Ad- as follows: Flood Insurers Association. ministrator, Federal Insurance Admini- Subpart A-Real Property Insurance tration, Department of Housing and - *Sbat * " § 1806.22 Areas of 'esponsiblliy. Urban Development. 451 Seventh Street, Subpart B-National Flood Insurance (a) Federal Insurance Administratton SW., Washington, D.C. 20410. Sec. (FIA). (1) Identify and publish In- (d) Lender. The lender must deter- 1806.21 General. formation with respect to all areas In mine whether real property is located in

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 17094 RULES AND REGULATIONS

an area identified as having special flood (j) Substantial improvement means (iv) Construction methods and prac- or mudslide hazards and cannot dis- any repair, reconstruction or improve- tices that will minimize flood damago charge the responsibility merely by ob- ment of a structure, the cost of which must be followed. taining -a self-certification from the ap- equals or exceeds 50 percent of the actual (3) f the financial assistance is to plicant that the property Is not located cash value of the structure either before make minor repairs, the conditions of in an area having special flood hazards. the improvement is started or, if the paragraph (a) (1) (1) and (11) and (2) (i), (1) and (I) of this section must be § 1806.23 Definitions. structure has been damaged and is being restored, before the damage occurred. met or the building must have existed For the purpose of this subpart, the on the site prior to the date the area was following definitions apply: § 1806.24 Eligibility. identified as having special flood or mud- (a) Financial assistance means any In addition to an applicant meeting the slide hazards and the loan approval offi- form of direct, insured or guaranteed requirements for the type of financial as- cial must determine that the dwelling Is loan, including reamortization and assistance requested, the following require- suitable as a r~sidence. sumption on new terms of any loan, any ments for eligibility of applicants for fi- (4) When applications for financial as- form of grant, or other form of direct or nancial assistance for acquisition and sistance are received in areas identified Indirect assistance extended by the construction purposes in designated spe- as having special flood and mudsilde haz- F nHA. cial flood and mudslide prone areas must ards, the loan approval official will con- (b) Financial assistance for acquisi- be met: sider the expected severity and frequency tion or construction purposes means any (a) If flood insurance is available, to of floods and mudalides In determining form of Federal financial assistance be eligible after March 1, 1974, the ap- whether any housing loans should be which is intended in whole or in part for plicant must have purchased a flood in- made in the area. He should be sure, the acquisition, ,construction, reconstruc- surance policy at the time the loan or if loans are made, that the objectives of tion, or substantial improvement of any grant is closed. the loans can be accomplished and the building and for any machinery, equip- (b) Applicants will not receive finan- Government's financial Interest will be ment, fixtures and furnishings contained cial assistance in those communities that adequately protected. or to be contained in such buildings. have been notified as having special flood (b) Nonresidential buildings. Con- (c) Community means any state or and mudslide prone areas and where struction plans and specifications for new political subdivision thereof, such as flood insurance is not available within 1 buildings or Improvements to existing county, parish, township, city or other year after such notification or by July 1, buildings must comply with flood plain local government which has zoning and 1975, whichever is later. area management or control laws, regu- building code jurisdiction over a partic- § 1806.25 Conditions. lations or ordinances. ular area having special flood hazards. (c) Flood insurance coverage. (1) Any, (d) Eligible community means a com- FmH3A financial assistance may be ex- property on which flood insurance is re- munity in which the Administrator of tended to eligible applicants meeting the quired must be covered by such Insurance FIA has authorized the sale of flood In- eligibility requirements of § 1806.24 of during its anticipated economic and use- surance under the program. this subpart, provided the following con- ful life in an amotit at least equal to Its (e)Designated special flood or mud- ditions are also met: development or replacement cost (except slide prone area means those areas in a (a) Dwelling and multi-unit housing estimated land cost), or to the maximum community subject to ftood or mudslide facilities. (1) If the financial assistance limit of coverage made available with re- which have been identified by flood haz- is to buy a dwelling or multi-unit housing spect to the particular type of property ard boundary maps or those areas not facility: under the Nationa Flood Insurance Pro- Identified by maps but where, due to (i) The first floor elevation of the gram, whichever is less. However, if the emergency, the FIA Administrator has habitable space of the dwelling or hous- financial assistance provided is in the authorized the sale of flood Insurance. ing unit must be above the 100-year flood form of a loan, the amount of flood In- (f Flood means a general and tem- level. surance required need not excecd the porary condition of partial or complete (ii) The housing must be served by outstanding principal balance of the loan inundation of normally dry land areas public utilities and facilities, such as and need not be required beyond the from the overflow of streams, rivers, or sewer, gas, electrical and water systems term of the loan. other inland water, the collapse or subsi- that are located and constructed to mini- (2) The contents of a building must be dence of land along the shore of a lake mie or eliminate flood damage, or have insured separately from a building but or other body of water as a result of an onsite water supply system and waste- coverage cannot be written on the con- erosion or undermining caused by waves disposal system located so as to avoid tents of a three-walled machinery shed or currents of water exceeding antici- impairment of such systems and con- or similar type open building. pated cyclical levels, or abnormally high tamination from the waste disposdI system to the water supply system from (3) Flood Insurance shall not be re- tidal water or rising coastal waters required on any state owned property that sulting from severe storms, hurricanes, or flooding. (2) If the financial assistance is to is covered under an adequate state policy tidal waves resulting from volcano erup- of self-insurance satisfactory to the tions or earthquakes. build or provide substantial improvement, the requirements of paragraph (a) Secretary of HUD, who will publish a list (g) Mudslide or mudflow means a ma- of states with such policies. jor occurrence involving the appearance (1) of this section must be met and all of a large river or flow of "liquid mud" construction must meet requirements of § 1806.26 Coverage and prenilunt ratei. down a hillside, usually as a result of the applicable minimum property stand- Exhibit A sets forth limits of coverago earlier brushfires followed by heavy rains ards. and chargeable premium rates under the over a widespread area. (i) A building permit must be issued program. Insurance policies under the (h) Flood insurance means insurance by the appropriate governing oficials program can be obtained from any li- coverage for floods and/or mudlides un- having jurisdiction in the area and com- censed property insurance agent or der the program or otherwise acceptable pliance must be had -with the zoning code broker serving the eligible community or to FIA. or other established legal requirements from the National Flood Insurers Asso- (i) Building means any walled and of the area for reducing or eliminating clation Serving Company (Serving Com- roofed structure, other than a gas or flood or mudslide damage. pany) for the state. The' Servicing liquid tank, that is principally above (ii) The structure must be designed Company for each state is shown in Ex- ground and affixed to a permanent site. and anchored to prevent flotation, col- hibit B. Residential and most types of industrial, lapse or lateral movement of the structure. , § 1806.27 Acceptable policies and serv. commercial, and agricultural buildings, icing. such as lumber sheds, machinery storage (ill) canstructioA materials andutility sheds, grain storage bins, and silos, are equipment that are resistant to flood The general acceptance of policies and included in this definition. damage must be used. servcing of insurance will be performed

FEDERAL REGISTER, VOL 39, NO. 93--AONDAY, I7AY 13, 1974 RULES AND REGULATIONS 17095 in accordance with subpart A of this part. Any unusual situations that moay arise Aetna Life snd Casualty Royal-Glob nrrance Companes with respect to obtaining or servicing Suite 901 1125 Grand Avenue flood insurance should be referred to the 3003 North Central Avenue X-11a City. 2.lsour164141 State Director. The State Director will Phoenik, Arizona 85012 Phone: (816) 842-6116 Phone: (602) 204-2621 attempt to resolve any problems con- . Z=--=MKVC cerning the flood, insurance program in the state with the Servicing Company. CIA Insuranco The Travelers Indemnity Company 111 East Fourth Street Flood hazard boundary maps, insurance 103 Seventh Street Cincinnati. Ohio 45202 rate tables, the insurability of specific Little Rock, Arkan 7=01 Phone: (513) 621-7107 structures, and other information con- Phone: (501) 375-3253 cerning the program may be obtained CAL Z'.A-Orroari0= LOULSIA from the Servicing Company. Difficulties Aetna Life & Casualty in administering the program which the Firemen's Fund American Insurance Co. Post Office Box 3136 Post OMce Box 61003 State Director is unable to resolve should San F=ancaco, California 9-120 New Orleans. Louiana 70160 be referred to the National Office for Phone: (415) 421-1676 Phone: (804) 821-1511 assistance. CALwO aarxA-zourmstreZ BrAINr EHiar A-CovERAoE AwD PREMIU1m RATES Firemen's Fund American Insurance Co. Commercial Union Inurance Company Post Office Box 2323 C/o Camphall. Paycon & Noyes 1. The following table sets forth the Los Angelea, California 93054 57 Exchange Strc t Phone: (213) 381-3141 Box 527 Pearl Street Station limits of coverage available under the .Portland. Maine 04116 program: COLW11AO Phone: (207) 774-1431 CNA Insurance Structure Contents of cov-rage 1660 Lincoln-Suite 1800 Type of stucture coverage Denvdr. Colorado 80203 aSubsi-Total 3 U.S. Fidelity & Guaranty Company Sub4i- Total' Phone: (303) 265-0561 Callbrt & RedwoJd Streets dized tized Batimor-. Maryland 21203 Phone: (301) 539-0380 Single family, Aetna Insurance Company residential'-. 35,000 $,000 $10,000 0,00C Post Office Box 1779 to-,,3A c = =ErS-E.&STr All-other. residen- Hartford, Connecticut 06101 ial ------100.000 -00,000 10,000 3,000 Commercial Union Insurance Co. All nonresidential2 100,000 2O000 100,000 2W0 30 Phone: (203) 523-4861 1 Beason Street DELAV/Aflf Boton, Zasachusetts 02168 Phone: (617) 72Z-6358 I For Alaska, Hawali, and the Virgin Island% the General Accident F&L Assurance Corp. Ltd. following limits of coverage apply:. Structure coverage for one family residential Is S50,000 subsidized and I500.000 414 Walnut Street total coverage, and structure coverage for other residen- Philadelphia, Pennsylvania 10106 tial is $150,000 subsidized and $300,000 total coverage. Phone: (215) 238-500 Aetna Insurance Company 2Includes hotels and motels with normal occupancy Post Office Box 1779 of less then 6 months. FLOMIDA Hartford, Connecticut 06101 'Coverage in amounts exceeding the subsidized linits Phone: (203) 523-4861 is available only aftefran actuarial cost has been estab- The Travelers Indemnity Company lished and flood insurance rate may beissued. 1516 East Colonial Drive 4 Contents of a building must be insured separately from the building. However, coverage is applicable to Orlando. Florida 32803 contents only while in an Rncloscd building. Therefore, Phone: (305) 896-2001 Insurance Company of North America overage cannot be written on the contents of a threa- Room 300--Buht Building =walled mchinery shed or a smilar type open building. G00,oA GrLs-wold & Congress Strcets 2. The following table sets forth the The Hartford Insurance Group Dctrolt, Mchigan 48220 Phone: (313) 963-1441 applicable premium rates: Hartford Building 100 Edgewood Avenue Atlanta, Georgia 30301 2=rrn=-0TA-n&STFsr Rates per S100 or coverage Type o structure (subsdized only) Phone: (404) 621-2059 The St. Paul Fire & arine Insurance 11AWAU Company Structures Contents Pos-t Office Box 3470 First Insurance Co. of Hawaii, Ltd. St. Paul, Minnesota 55165 -Allresidentfal_ ...- .35 Post Office Box 2866 Phone: (612) 222-7751 Allnonredena 1.0 5....5 Honolulu, Hawaii 90 03 Phone: (808) 548-5511 I Actuarial (nonsubsldized) rates armapplicablo to any IDA11O The St. Paul Fire & Marine Insurance truncutre, the constructlon or substantial improvement Company of which started after Dec. 31, 1974, or the date on which Allied Mutual Insurance Company 790 Xerxes Avenua South the initial rate map was issued, whichever is later, in Snake River DlvisLon Identified areas having special flood or mudslide hazards. Mirneapoll, Minnecota 35431 1845 Federal Way Phone: (612) 920-6600 This list indicates the Servicing Com- Bolse, Idaho 83701 pany offices to be contacted for informa- Phone: (208) 343-4931 tion relative to the availability of cover- 2LL O73 The Travelera Indemnity Comp3ny age under the National Flood Insurance State Farm Fire & Casualty Co. D30 Interstate 55 North Program in each state and from which Illinois Regional Office Po-t Ofilce Box 2361 information, flood hazard boundary 2309 East Oakland Avenue Jacl=on, MLisi-ppl 33205 maps, insurance rate tables, and related Bloomington, Illinois 61701 phone: (601) 956-6c6O material can be obtained. Phone: (309) 657-7211 XNDOUNeA The Hartford Insurance Group United Farn Bureau Mutual Insurance MFA Insurance Companie 'Hartford Building Company 1817 West Broadway 100 Edgewoad Avenue 130 East Washington Street Columbia, Missouri 65201 Atlanta, Georgia 30301 Indianapolis. Indiana 46204 Phone: (314) 445-8441 Phone: (404) 521-2059 Phone: (317) 263-7200 lowA Royal-Globe Insurance Companies Industrial Indemnity Co. of Alaska Employers Mutual Casualty Company 943 West Sixth Avenue Post Office Box 712 1125 Grand Avenua Anchorage, Alaska 99501 D2s Moincs. Iowa 5030i nansas City, MLourti 414L Phone: (907) 279-9441 Phone: (515) 280-2511 Phone: (816) 942-6116

FEDERAL REGISTER, VOL 39, NO. 93-vAOA"DAY, IAAY 13, 1974 No.93-Pt. 1-2 17096 RULES ANb REGULATIONS

MONTANA PENNSYLVANIA-EASTERN wyosislus The Home Insurance Company General Accident F&L Assurance Corp., LTD. ONA Insurance 8 Third Street North 414 Walnut Street 518 17th Street Post Offlce Box 1031 Philadelphia, Pennsylvania 19106 Denver, Colorado 80202 Great 3alls, Montana 59401 Phone: (215) 238-5000 Phone: (303) 266-0501 Phone: (406) 761-8110 PENNSYLVAN"A-WESTERU Dated: May 6, 1974. NEBRASKA Zurich-American Group FRANC B. ELLIOTT, Royal-Globe Insurance Companies 1665 Washington Road 1125 Grand Avenue Pittsburgh, Pennsylvania 15228 Administrator, Kansas City, Missouri 64141 Phone: (412) 833-8000 FarmersHome Administration. Phone: (816) 842-6116 PUERTO RICO [1R Doc.74-10953 Filed 5-10-74;8:45 em] NEVADA Puerto Rico Inspection & Rating Bi The Hardford Insurance Post Office Box 1333 uaUl Title 5--Administrativo Personnel Post Office Box 500 San Juan, Puerto Rico 00902 CHAPTER -- CIVIL SERVICE COMMISSION Reno, Nevada 89504 Phone: (809) 723-1830 Phone: (702) 329-1061 PART 213-EXCEPTED SERVICE RHODE ISLAND NEw HAMPSHIRE Entire Executive Civil Service American Universal Insurance Co:upany Section Commercial Union Insurance Company 144 Wayland Avenue 213.3102(v) is amended to 1 Beacon Street ProvIdence, Rhode Island 02904 state that the pay rate for Summer Aids Boston, Massachusetts 02108 Phone: (401) 351-4600 shall be the equivalent of the highest Phone: (617) 725-6358 SOUTH CAROLINA minimum wage rate established by Fair NEW JERSEY Labor Standards Act of 1938, as amended, Maryland Casualty Company Centennial Insurance Company Post Office Box 1849 eliminating the use of State and local 97 Main Street Charlotte, North Carolina 28201 minimums in the pay of Summer Aids. Chatham, New Jersey 0792B Phone: (704) 525-8330 In order to provide fair treatment In Phone: (201) 635-6800- the rare cases in which a SOUTH DAKOTA rate in excess NEW MEXICO of $2.00 per hour was paid in 1973 a The St. Paul Fire & Marine Insurance provision is included stating that in a CNA Insurance Company .given location the rate of pay shall not 518 17th Street Hamm Building' be less than Federal agencies Denver, Colorado 80202 408 St. Peter Street paid there Phone: (303) 266-0561 St. Paul, Minnesota 55102 in 1973. After 1974 pay shall be fixed only Phone: (612) 227-9581 at the highest minimum established by NEW YORK-ETROPOLITAN the Fair Labor Standards Act of 1938, TENNESSE Great American Insurance -Company as amended. 5 Dakota Drive CNA Insurance Effective .Lake Success, New York 11040 110 21st Avenue South May 1, 1974, § 213.3102(v) Phone: (516) 775-6900 Nashvile, Tennessee 37203 is amended to read as follows: Phone: (615) 327-0061 NEW YORK-UPSTATE § 213.3102 Entire executive Civil Serv- American Empire Insurance Company TEXAS ice., 215 Washington Street The Home Insurance Company Watertovwn, New York 13601 2100 Travs Street Phone: (315) 788-5000 Houston, Texas 77002 (v) Temporary Summer Aid posi- NORTH CAROLINA Phone: (713) 225-0931 tions whose duties involve work of a routine nature not regularly Kemper Insurance UTAH covered 1229 Greenwood Cliff CNA Insurance under the General Schedule and requir- Charlotte, North Carolina 28204 518 17th Street ing no specific knowledge or skills, when Phone: (704) 372-7150 Denver, Colorado 80202 filled by youths appointed for summer NORTH DAKOTA Phone: (303) 266-0561 employment under such economic or The St. Paul Fire & Marine Insurance VERMONT educational needs standards as the Com- Company Commercial Union Insurance Con ipany mission may prescribe. A person may not Harm Building 1 Beacon Street be. appointed 408 St. Peter Street Boston, Massachusetts 02108 unless he has reached his St. Paul, Minnesota 55102 Phone: (617) 725-6358 sixteenth but not his twenty-second Phone: (612) 227-9581 VIRGINIA birthday, or employed for more than 700 hours under this paragraph. This para- OHIO-NORTHERN Insurance Company of North Ame Commercial Union Insurance Company 5225 W Isconsin Avenue, NW. erlca graph shall apply only to the positions 1 Erieview Plaza Washington, D.C. 20015 whose pay Is fixed at the equivalent of Phone: (202) 244-2000 Cleveland, Ohio 44114 the highest minimum wage rate estab- Phone: (210) 522-1060 WASHINGTON lished by the Fair Labor Standards Act OHIO--SOUTHERN Fireman's Fund America Insura ne of 1938, as amended. However, during Companies 1974 an agency shall not fix the pay at a CNA Insurance 1000 Plaza 600 Building 111 East Fourth Street Sixth & Stewart rate less than that paid to Summer Aids Cincinnati, Ohio 45202 Seattle, Washington 98101 by Federal agencies (other than the Phone: (513) 621-7107 Phone: (208) 587-3200 Postal Service) in the geographic area OKLAHOMA WEST VIRInrA concerned in 1973. Republic-Vanguard Insurance Group U.S. Fidelity & Guaranty Companny (5 U.S.C. secs. 3301, 3302: 1E.O. 10577, 3 CFR Post Office Box 3000 3324 McCorkle Avenue SE. 1954-58 Comp. P. 218) Charleston, West Virginia 25304 Dallas, Texas 75221 Phone: (304) 344-1692 UNITED STATES CIVIL SrnV- Phone: '(214) 528-0301 ' ISCONSIN ICE ComarISSIoN, OREGON [SEAL] JAMs C. SPaY, _ Aetna Insurance Company State Farm & Casualty Company Executive Assistant to 5735 East River Road the Commissioners. 4600 25th Avenue, NE. Chicago, Illinois 80631 Salem, Oregon 97303 Phone: (312) 693-2500 [FR Doc.74-10985 Filed 5-10-74,0:45 am]

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, ,4AY 13, 1974 RULES AND REGULATIONS 17097

Title 14-Aeronautics and Space lg, P/N LW13212 prior to 450 hours In Jacent to the precsurized system controls service. reading: ADMIN- CHAPTER I-FEDERAL AVIATION c. Engines that have been mcdfied In ac- "CABni PEssunizATioN PnoH1Brrl- ISTRATION, DEPARTMENT OF TRANS- cordance with Lycoming Service Bulletins NO. - PORTATION -- 303B, 303C or 303D must comply with Items and (2) In-ert a copy of this AD In the (a) or (b) above, except that the P/N 77450 limitation rection of the airplane flight jDocket No. 7--M-3; Amdt. 39-18431 connecting rod, free of any galling may be manual. PART 39-AIRWORTHINESS DIRECTIVES reused with P/N LW12596 connCecting rod bolts and identifled as azsembly number 3. Paragraph B of AD 74-5-5 is Avco Lycoming Aircraft Engines LW13422. amended so that It now reads as follows: The Federal Aviation Administration This amendment Is effective My 17, (B) In lieu of Paragraph A (1) and (2). is amending § 39.13 of Part 39 of the 1974. and prior to operation with cabin pres- Federal Aviation Regulations so as to "urlzatlon. replace existing plot'Vs side win- with Beech P/I C0-420013-59 or Beech revise AD 73-5-1 applicable to Lycoming Secs. 313(a), C01. 603, 'Federal Aviation Act dow of 1958 (49 U.S.C. 1354(a), 1421 and 1423); P/ll C0-420013-0652 pilot eide window In ac- VO-540 type aircraft engines. rc. 6(c). Department of Tra-portatlon Act -ccrdance with Beechcraft Service Instruc- AD 73-5-1 required replacement of (49 US.C. 1655(c)). tians No. 0534-110, or -later approved revi- connecting rod assemblies with a newer rlons or any equivalent approved by the assembly so as to correct deficiencies as- Issued In Jamaica, N.Y., on My 3, Chief. Engineering and Manufacturing sociated with failure of the assemblies. 1974. Br n.h, FAA, Central Region- However, since promulgation, there have ROBrITH.STAo, This amendment becomes effective failures -withthe new as- Director,Eastern Region. been reports of May 17, 1974. semblies. The manufacturer has im- IR Doc.74-10893 Filed 5-10-74;8:45 am] proved and tested a newer design of (Sees. 313(a). 611. 603, Federal Aviation Act bearing with a higher crush. of 1958 (42 U.S.C. 1354(a), 1421 and 1423); [Docket No. 74-CE-4-AD; Amdt. 39-1811 rec. G(c), Deparunnt of Transportatlon Act Since this deficiency can exist or de- (49 U.S.C. 1055(c))) velop in engines of similar type design an airworthiness directive is being issued PART 39-AIRWORTHINESS DIRECTIVES Issued In -Kansas City, 1. oui, on which will require replacement of the . Beech Models 60 and A60 Airplanes Llay 3, 1974. assemblies with the newer high crush Amendment 39-1796. AD 74-5-5, pub- GconcE . LAALL, design. lished in the FEDERAL RExrsn on Mlarch Acting Director,CentraZ Region. Since the foregoing deficiency has an 1, 1974, is an Airworthiness Directive IFR Dc.74-10351 Filed 5-10-74;8:45 aml effect on air safety, notice and public (AD) applicable to Beech 1odels 60 and procedure hereon are impractical and AGO airplanes (Serial Numbers P-3 the amendment may be made effective in through P-246) airplanes. This AD pro- [Alrcpae Docket No. 7--AL-5] less than 30 days. vides for replacement of the pilot's side PART 71-DESIGNATION OF FEDERAL In consideration of the foregoing and window due to deterioration of the plexi- AIRWAYS, AREA LOW ROUTES, CON- -pursuant to the authority delegated to glas or alternatively to deactivate the TROLLED AIRSPACE, AND REPORTING pressurization system. At the time AD POINTS Administrator, 14 CFR 11.89 me by the 74-5-5 was Issued the manufacturer ne- 131 FR 12697] §39.13 of Part 39 of the Alteration of Control Zone Hours of glected to inform the an-ency that two Operation Federal Aviation Regulations is amended variations of the windows -were available. so as to revise AD 73-5-1 as follows: Therefore, the AD Is being revised to On M,1arch 28, 1974, a Notice of Pro- permit the installation of either window po ed Rule Making was published in the -Avco Lycouac;. Applies to VO-540 Series FsmnnAL Rors- (39 FR. 11432) stating engines beginning with SIN 101-43 thru variation. In addition, Paragraph A of '2299-43IVO-540 series engines beginning the AD is being revised to provide an that the Federal Aviation Administration with S /N 101-60 thru 150-60, TVO-540 acceptable method to deactivate the proposed amendments to Part 71 of the Series engines beginning with S/N 101-53 pressurization system. Federal Aviation Regulations that would thru 103-53 and TIVO-540 Series engines Since this amendment is relaatory in alter the Fort Yukon, Alaska, control 'beglnnIng with S/N 101-57 thru 163-57 nature and Is in the interest of rafety, zone. and anl engines overhauled (also known hereon are Interested persons were afforded an as remanufactured) by Lycoming before notice and public procedure inpracticable and good cause e ists for opportunity to participate in the pro- January 2, 1974, except the following Ee- posed rulemaking through the submission mial Numbers: ,-376-43, PJ-483-43, making the amendment effcctive in l= MI-693-43. TL-695-43, RL-1091-43. RL- than 30 days. of comments. No objections were re- 1205-43, RL-1429-43. RL-1753-43. EL- In consideration of the foregoing and ceived. of the foregoing, Part 1960-43, M-2017-43, EI-2032--43. RII- pursuant to the authority delegated to In consideration 2125-43, RTL-2139-43, RIL-224-43, TM- 71 of the Federal Aviation Regulations is me by the Administrator 14 CFR 11.89 2245--3 and f-2275-43. amended effective 0901 G.m.t., Iay 23, (31 FR 13697), Section 39.13 of Part 39 Compliance required as indicated after the 1974, as hereinafter set forth. of the Federal Aviation Regulations, effective date of this AD. unless already ac- 1. In § 71.171 (33 FR 351) the Fort Yukon complished or unless higher crush bearing Amendment 39-1795, AD 74-5-5 is control zne is amended by deleting the P/N LW13212 has been installed in accord- amended in the following re.pects: woarda"6 exceptSunday 0 0* ance with Lycoming Service Bulletins No. 203E or S03. 1. The applicability statement is (Sea. 207(a). Fedeal Aviation Act of 1953 To prevent failures of P/I 71947, P/N amended so that it now reads as follows: (49 U.S.C. 2348(a)); rcc. 6(c), Department of Transportation Act (49 U.S.C. 2655(c))). '73174, P/N 75548 and PIN LW10776 connect- Br-cz. Applies to Mcdcls CO and AC0 (Serial, Ing rod assemblies and P/N 74450 connecting Numbers P-3 through P-240) airplae3 Iszued in Anchorage, Alasha, on May 3, rod assembly with P/FN 75547 connecting rod now having or Lubsequently accruing 1974. 'bearing Installed in accordance with Lycom- from Ing Service Bulletins No. 303B, 303C or 303D, 27 months In rervice the date of the original aimr-orthln= certification, Director,Askrsic- Region. accomplish the following: having Beech a. Engines with -onnecting rod assemblies except thoe airplanes that have accumulated 400 hours or more P/N 60-420013-59 or Beech P/iT CD-- [IF Dac.74-10835 Friled 5-10-748:45 m1 In service salce new or overhaul must have 420013-652 pilot's side window Installed. the connecting rod assemblies replaced with 2. Paragraph A of AD 74-5-5 is [Airspace Doc.et No. 73-SW-42] new connecting rod assembly, P/N LW13422 amended so tlmt It now reads as follows: and new connecting rod bearing P/N LW- PART 73-SPECIAL USE AIRSPACE (A) Effective Immediately, operation with 13212. ithln the next 50 hours in service. Designation of Restricted Area b. Engines that have connecting rod as- the cabin pressurized lsprohibited and prior Zemblies with less than 400 hours in service to further flight (1) deactivate the pre---r- Correctio nust have the connecting rod assemblies re- ization system by recuring the "T=S/ placed -with new connecting rod assembly, DUMP" switch In the "Dump" po ition and In FR D=e. 74-9406 appearing at page P/N LW13422 and new connecting rod bear- install a placard on tho control panel ad- 14534 of the Issue for Thursday, April 25,

FEDERAL REGISTER, VOL 39, NO. 93---,ONDAY, MAY 13, 1974 17098 RULES AND REGULATIONS

1974, in the fifth line of the description Title 15-Commerce and Foreign Trade (iR) * 0 11 of the restricted area in the first column CHAPTER Ill-DOMESTIC AND INTERNA. (1) Other high speed continuous wrlt- of page 14585, "Lat. 30*50'00" " should TIONAL BUSINESS ADMINISTRATION, ing, rotating drum cameras capable of recording at rates in excess of 2,000 read "Lat. 30050'30"". DEPARTMENT OF COMMERCE SUBCHAPTER B-EXPORT REGULATIONS frames per second; and parts and accessories, n.e.c. (ECC No. 86140); and PART 370-EXPORT LICENSING GENERAL (m) Other 16 mm. high speed motion [Airspace Docket No. 74-SO-81 POLICY AND RELATED INFORMATION picture cameras capable of recording at PART 75-ESTABLISHMENT OF JET PART 379--TECHNICAL DATA rates in excess of 2,000 frames per sec- ROUTES AND AREA -HIGH ROUTES Miscellaneous Amendments ond; and parts and accessories, n.e. (ECC No. 86150). Establishment of RNAV Route Export Licensing Authority Over U.S. One-Cent Coins Containing Bronze On March 18, 1974, a Notice of Pro- Effective date: May 17, 1974. posed Rule Making (NPRM) was pub- (Pennies). The Export Administration lished in the FEDERAL REGISTER (39 FR Regulations have been amended to point RAUER H. MnIYnn, out that United States one-cent coins Director, 10162) stating that the Federal Aviation containing bronze (Export Control Com- Office of Export Administration, Administration (FAA) was considering modity Nos. 68 (22) and 896(1)) are no [FR Doc.74-1092 Filed 5-10-74,8:45 aml an amendment to Part 75 of the Federal longer under the export licensing authority of the U.S. Department of Com- Aviation Regulations that would replace Title 16--Commercial Practices J-873R serving Columbia, S.C., to At- merce. Such coins are under the export licensing authority of the U.S. Treasury CHAPTER I-FEDERAL TRADE lanta, Ga., with new RNAV routp J-869R. Department. COMMISSION Interested persons were afforded an Accordingly, § 370.10(c) is revised as [Doelt No. C-24091 opportunity to participate in the pro- .set forth below: PART 13-PROHIBITED TRADE posed rule making through the submis- § 370.10 Exports Controlled by U.S. PRACTICES sion of comments. No comments were Government Agencies Other than De- received. partmentof Commerce. Atlantic Construction & Supply Co., ot of. In consideration of the foregoing, Part SubpArt--Advertising falsely or mis- 75 of the Federal Aviation Regulations (c) One-cent coins (pennies). Regu- leadingly: § 13.10 Advertising falsely or lations administered by the U.S. De- misleadingly; § 13.125 Limited offers or is amended, effective 0901 G.m.t., July 18, supply; § 13.155 Prices; 13.155-5 Ad- 1974, as hereinafter set forth. partment of Treasury, Washington, D.C. 20220, govern the export of U.S. one- ditional charges unmentioned; 13.155-75 Section 75.400 (39 FR 718) is amended cent coins containing bronze (pennies) Product or quantity covered; 13.155-9 as follows: as published in the FEDERAL REGISTER Terms and conditions; 13.155-100 Usual 1. J-873R is revoked. (39 FR 13881). The Treasury regulations as reduced, special, etc.: § 13.240 Spe- 2. J-869R Columbia, S.C., to Atlanta, are issued under authority of section 'cial or limited offers. Subpart--Contract- ing, for sale in any form binding on Ga. 105, Coinage Act of 1965, Pub. L. 89-81 (31 U.S.C. 395). buyer prior to end of three day period: § 13.527 Contracting, for sale in any 'Waypoint name Location IReferenco form binding on buyer prior to end of facuty Effective date: April 18, 1974. three day period. Subpart-Delaying or General License GDTR. Before ex- withholding, corrections, adjustments or porting technical data relating to certain ZOLLY.-..... 3347'30" N., Columbia, action owed: § 13.675 Delaying or with- 8102300" W. S.C. materials and equipment under the pro- holding corrections, adjustments or Augusta, Ga .- 33240" N., Do. visions of General License GTDR, the 8203'00" W. action owed. Subpart-Failing to main- SNCA-; .. 305'19" N., Augusta, Ga." exporter must obtain from the importer tain records: § 13.1051 Failing to main- 833." W 9 a written assurance that neither the tain records;13.1051-20 Adequate. Sub- technical data nor the direct product part-Misrepresenting oneself and thereof is intended to be shipped, directly goods--Goods: § 13.1747 Special or litm- is added. or indirectly, to a destination in Country ited offers.-Prces: § 13.1778 Addi- (See. 307(a), Federal Aviation Act of 1958 Group Q, W, Y or Z. tional costs unmentioned; § 13.1785 (49 U.S.C. 1348(a)): see. 6(c), Department The list of materials and equipment Comparative.--Servlces: § 13.1835 Cost. of Transportation Act (49 U.S.C. 1655(c))) subject to this requirement for a written assurance is revised to include technical Subpart--Neglecting, unfairly or decep- . Issued in Washington, D.C., on May 7, data relating to certain cameras, as tively to make material disclosure: 1974. follows: (1) Other high speed continu- § 13.1857 Instruments' sale to finance RAYMOND X. McINNIs, ous writing, rotating drum cameras ca- companies; § 13.1876 Notice of third Acting Chief, Airspace and pable of recording at rates in excess of party sale of contract; § 13.1882 Prices; Air Traffic Rules Division. 2,000 frames per second; and parts and § 13.1886 Quality, grade or type; [FR Doc.74-10896 Filed 5-10-74;8:45 am]1 accessories, n.e.c. (Export Control Com- modity No. 86140); and (2) Other 16 § 13.1892 Sales contract, right-to-can- mm. high speed motion picture cameras cel provision; § 13.1905 Terms and capable of recording at rates in excess of conditions. Subpart-Offering unfair, [Airspace Docket No. 73-EA-113] 2,000 frames per second; and parts and Improper and deceptive Inducements to PART 71-DESIGNATION OF FEDERAL accessories, n.e.c. (Export Control Com- purchase or deal: § 13.2000 Limited AIRWAYS, AREA LOW ROUTES, CON. modity No. 86150). TROLLED AIRSPACE AND REPORTING offers or supply; § 13.2013 Offers decep- Accordingly, § 379.4(e) (1) (iii) is re- tively made and evaded. Subpart-Using POINTS . vised as follows: deceptive techniques in advertising: Transition Area, Alteration § 379.4 General license GDTR: Techni- § 13.2275 Using deceptive tcohniques it cal Correction data under restriction. advertising. In FR Doc. 74-10409 appearing on (See. 0, 38 Stat. 721; 15 U.S.O. 40. Interproto (e) Written assurancerequirements- or applies sec. 5, 88 Stat. 719, as amonded; page 16119 in the issue of May 7, 1974, (1) Requirement of written assurance 15 U.S.C. 45) [Cease and desist order, Atlan- the Airspace Docket number should- be for certain data, services, and materials. tic Construction C Supply Co., et al., Mt designated as set forth above. 5** - Rainier, ML, Docket 0-2499, Mar. 20, 19741

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17099

-in the Matter of Atlantic Construction& amounting to the difference between re- product or service unless the charge for Supply Co., a Corporation, and spondents' stated price and respondents' such product or service, the quantity of Norman Glaser, and Stuart Schul- former price, unless such products or material upon which such charge Is based man, Individually and as Officers of services have been sold or offered for and a description of the type and grade -Said Corporation sale in good faith at the former price by of such material Is shown as a separate respondents for a reasonably substantial Item on an estimate and contract pro- Consent order requiring a Mt. Rainier, period of time in the recent, regular vided the purchaser. Md., seller and distributor of home im- course of their business. 10. Representing, orally or in writing, provement products and services, among (b) Representing, orally or In writing, directly, or by implication, prices for se- other things to cease misrepresenting directly or by implication, that by pur- lected items of material, fixtures and prices as reduced or special, the savings chasing any of said products or services labor which are available only as part of afforded purchasers, offers as limited or customers are afforded savings amount- a complete remodeling service without restricted as to time; disparaging or re- ing to the difference between respond- disclosing an accurate estimate of the fusing to sell any product or service ad- ents' stated price and a compared price cost of such additional items of material, vertised; using deceptive or misleading for said products or services in re- fixtures and labor normally necessary to representations to obtain prospective spondents' trade area unless a substan- complete the represented remodeling purchasers; misrepresenting the price of tial number of the principal retail out- service. products or services; representing prices lets in the trade area regularly sell said 11. Including illustrations in adver- for products or services without showing products or services at the compared tisements, unless such illustrations ac- in an estimate or contract each separate price or some higher price. curately depict the product being adver- item included in the price; representing (c) Representing, orally or in writing, tised and the quantity of the product prices for a complete remodeling service directly or by implication, that by pur- available for the advertised price. the additional costs without disclosing chasing any of said products or cervices 12. Contractingfor any sale whether to complete the remodeling service; in- customers are afforded savings amount- illustrations in ad- in the form of trade acceptance, condi- cluding misleading ing to the difference between respond- tional sales contract, promissory note, vertisements; contracting for any sale ents' stated price and a compared value papers binding on or otherwise which shall become bind- in the form of legal price for comparable products or serving on the buyer prior to midnight of the the buyer prior to midnight of the 3rd ices, unless substantial sales of products third day, excluding Sundays and legal day;, failing to furnish buyers with com- or services of like grade and quality are holidays, after the date of execution. pleted receipts or copies ofcontracts or being made in the trade area at the com- notices of cancellation in the same lan- 13. Failing to furnish the buyer with a pared price or a higher price and unless fully completed receipt or copy of any guage used in oral sales presentation; respondents have in good faith con- failing to inform buyers orally of or mis- contract pertaining to such sale at the ducted a market survey or obtained a time of Its execution, which is in the representing their right to cancel and similar representative sample of pricels to honor valid notices of cancellation; same language., e.g., Spanish. as that in their trade area which establishes the principally used in the oral sales presen- transferring customers' notes to other validity of said compared price and it parties prior to midnight of the fifth day tation and which shows the date of the is clearly and conspicuously disclosed transaction and contains the name and following the day the contract was that the comparison Is with merchandise signed; and failing to keep for two years address of the seller, and in immediate of like grade and quality. proximity to the space reserved in the copies of advertisements or promotional 3. Representing, orally or in writing, material. contract for the signature of the buyer directly or by implication, that any offer or on the front page of the receipt if a The order to cease and desist, includ- to sell a product or service Is limited or ing further order requiring report of contract Is not used and in bold face restricted as to time or is limited or re- type of a minimum size of 10 points, a compliance therewith, is as follows: stricted in any other manner, unles the It is ordered, That respondents Atlan- statement In substantially the following represented limitation or restriction Is form: tic Construction & Supply Co., a corpo- Imposed and adhered to in good faith by ration, its successors and assigns and its the respondents. "You. the buyer. may cancel this transaction officers, and Norman Glaser and Stuart at any time prior to midnight of the third 4. Advertising, or offering for sale, any business day after the date of this transac- Schulman, individually and as officers of product or service for the purpose of ob- said corporation, and respondents' t1on. See the attached notice of cancela- taining leads to potential purchasers of tlon form for an explanation of this right". agents, representatives and employees, different products or services, unless the directly or through any corporation, sub- advertised, or offered, product or service 14. Failing, in those transactions in sidiary, division or other device, in con- is capable of adequately performing Its which a security interest in the buyer's nection with the advertising, offering for intended function and respondents main- principal residence is not or will not be sale, sale or distribution of home Im- tain an adequate and readily available retained, to furnish each buyer, at the provement products and services, or stock of said product and are willing and time he signs the sales contract or other- any other product or service, in com- able to perform said service. wise agrees to buy consumer goods or merce, as "commerce" is defined in the 5. Disparaging in any manner, or re- services from the seller, a completed Federal Trade Commission Act, do forth- fusing to sell, any advertised product or form in duplicate, captioned "NOTICE with cease and desist from: service. OF CANCELLATION", which shall be 1. Using the words "All Prices Re- 6. Using any advertisement, sales plan attached to the contract or receipt and duced" or "Special" or any other word or procedure which involves the use of easily detachable, and which shall con- or words of similar import or meaning any false, misleading or deceptive state- tain in ten point bold face type the not set forth specifically herein, unless ment, representation or illustration de- following information and statements in the price of such product or service be- signed to obtain leads to potential pur- the same language, e.g., Spanish, as that ing offered for sale constitutes a reduc- chasers of respondents' products or used in the contract: tion, in an' amount not so insignificant services. NOTICE OF CANCELLATION as to be meaningless, from the actual 7. Representing, orally or In writing, bona fide price at which such product or enter dato of transaction) directly or by implication, that any prod- (Date) service was sold or offered for sale to uct or service Is offered for sale when the public on a regular basis by respond- such is not a bona fide offer to sell said You may cancel this transaction, without imts for a reasonably substantial period product or service. any penalty or obligation, within three busi- regular course of nem days from the above date. of time in the recent 8. Misrepresenting, orally or In writ- If you cancel, any property traded In, any their business. Ing, directly or by Implication, the price, payments made by you under the contract 2. (a) Representing, orally or in writ- or proportionate price, of any of their or sale. and any negotiable In., ent exe- ing, directly or by implication, that by products or services. cuted by you will be returned within 10 purchasing any of said products or serv- 9. Representing, orally or In writing, business days following receipt by the seller ices *customers are afforded savings directly or by implication, a price for any of your cancellation notice, and any security

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17100 RULES AND REGULATIONS

Interest arising out of the transactionwil 22. Failing to retain, for a period of It is further ordered,That respondent, be cancelled. not less than two (2) years from the date shall notify the Commission at least If you cancel, you must make available to of their last use, a copy of each advertise- thirty (30) days prior to any proposed the seller at your residence. In substantially ment and item of promotional material. change in a corporate respondent, such as good condition as when received, any including, but not limited to, each news- as dissolution, assignment or sale result- goods delivered to you under this contract advertisement, radio or television ing In the emergence of a successor cor- you may -if you wish, comply with paper or sale; or script, direct mail 'advertisement and poration, the creation or dissolution of th instructions of the seller regarding the other change In lhe return shipment of the goods at the seller's product brochure, used for the purpose subsidiaries or any expense and risk. of obtaining leads to prospective pur- corporation which may affect compliance If you do make the goods available to the chasers of respondents' products and obligations arising out of the order. seller and the seller does not pick them up services or in promoting the sale of re- It is further ordered, That the individ- within 20 days of the date of your notice of spondents' products and services and a ual respondents named herein promptly cancellation, you may retain or dispose of record of the number of copies dissem- notify the Commission of the discontinu- the goods without any further, obligation. inated and the dates and means of dis- ance of their ])resent business or employ- To cancel this transaction, mail or deliver ment and of their affiliation with any of this cancellation semination. a signed and dated copy 23. Failing to retain, for a period of other home inprovement business or em- notice or any other written notie .or send include a telegram, to [Name of seller]. at [address not less than two (2) years following ployment, Such notice shall of seller's place of business], not later than each price reduction or savings claim, in- respondents' current business address midnight of ------.... cluding, but not limited to, each claim of and a statement as to the nature of the (date) the types described in Paragraphs 1 business or employment In which they us I herebycancel this transaction. through 3 of this order, adequate records are engaged well as a description of to substantiate each such claim. their duties and responsibilities. (Date) 24. Failing to produce, for the purpose It is further ordered,That the respond- of examination and copying by repre- ents herein shall within sixty (60) days (Buyer's signature) sentatives of the Federal Trade Commis- after service upon them of this order, sion, those records required to be re- file with the Commission a report in writ- 15. Failing, in those transactions in tained by this order. ing setting forth In detail the manner which a security interest in the buyer's and form of -their compliance with this Is not or will not be Provided, however, that nothing con- principal residence tained in this order shall relieve respond- order. retained, before furnishing copies of the of any additional obligations re- "Notice of Cancellation" to the buyer, ents Issued: March 20, 1974. the specting contracts required by federal to complete both copies by entering law or the law of the state in which the By the Commission. name of the seller, the address of the obliga- seller's place of business, the date of the contract is made. When such [s]ALl CEAnLE A. Tonn7, tions are inconsistent, respondents can Secretary. transaction, and the date, not earlier relief from the apply to the Commission for Filed 5-10-74;8:45 am] than the third business day following this provision with respect to contracts [FR Doc.74-10965 date of the transaction, by which the dif- buyer may give notice of cancellation. executed in the state in which such contract or ferent obligations are required the Com- [Docket No. C-25111 16. Including in any sales mission, upon showing, shall make such receipt any confession of judgment of PART 13-PROHIBITED TRADE rights to which modifications as may be warranted in any waiver of any of the the premises. PRACTICES the buyer is entitled under this order G. C. Services Corp., ct al, including specifically his right to cancel . It is further ordered, That respondents the sale in accordance with the provi- shall forthwith deliver a copy of this Subpart-.urnishing means and in- sions of this order. order to cease and desist, and a copy of strumentalities of misrepresentation or 17. Falling to Inform each buyer the Commission's news release setting deception: § 13.1055 Furnishing means orally, at the time he signs the contract forth the terms of the order, to each and instrumentalities of misrepresenta- or purchases the goods or services, of his advertising agency and advertising tion or deception. Subpart--Simulating right to cancel. medium, such as newspaper publishing another or Product thereof: § 13.2218 18. Misrepresenting, directly or In- company, radio station or television sta- Legal process (New). Subpart-Threat- dlrectly,'orally or in writing, the buyer's tion, presently utilized in the course of ening suits, not In good faith: § 13.2284 right to cancel. their business, and that respondents Delinquent debt collection. 19. Falling or refusing to honor any shall, immediately upon opening an ac- (See. 6,38 Stat. 721: 15 U.S.C. 40. InterprotJ valid notice of cancellation by a buyer count, deliver a copy of such order and or applies see. 5, 38 Stat. 719, as amended: and within 10 business days after the news release to any such agency or 15 U.S.C. 45) [Ceso and desist order, 0. 0. receipt of such notice, to (I) refund all medium with which they subsequently Services Corporation, et al., nouston, Tex payments made under the contract or open an account. Docket C-2511, Apr. 16, 19741 sale; (Qi) return any goods or property it is further ordered,>That respondents In the Matter of G. C. Serices Corpora- traded In, in substantially as good con- shall forthwith deliver a copy of this ton, a Corporation, and Jerold B. dition as when received by the seller; order to cease and desist to each of their Katz and William A. Inglehart, and (Ill) cancel and return any negotiable in- agents, representatives and employees MartinM. Katz, Individually and as strument executed by the buyer in con- engaged in the offering for sale or sale Officers of Said Corporation nection with the contract or sale and of respondents' products or services, in take any action necessary or appropriate the consummation of any extension of Consent order requiring a Houston, to terminate promptly any security in- consumer credit or in any aspect of the Tex., collection agency, among other terest created in the transaction. creation, preparation or placing of re- things to cease using printed material harassment, fear or undue 20. Negotiating. transferring, selling, spondents' advertisements and that re- which cause or assigning any note or other evidence spondents shall deliver a copy of such embarrassment to alleged debtors receiv- or order to each such person whom they ing them or which simulates legal proc- of indebtedness to a finance company past due ac- other third party prior to midnight of subsequently employ, immediately upon ess; misrepresenting that employing each such person, and that counts have been referred to an attornoy the fifth business day following the day has been or the contract was signed or the goods or respondents shall secure from each such for collection or legal action person a signed statement scknowledg- is about to be instituted; or threatening services were purchased. to contact a debtor's employer or to insti- 21. Failing, within 10 business days of ing receipt of said order. It is further ordered, That respondent tute legal processes. receipt of the buyer's notice of cancella- and deslst, includ- tion, to notify him whether the seller incorporation shall forthwith deliver a 'The order to cease copy of this order to each of its operating further order requiring report of tends to repossess or to abandon any compliance therewith, is as follows: shipped or delivered goods. ing divisions.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17101 It is ordered, That respondents G C until such time as respondents can tion 101 of the Federal Coal Mine Health Services Corporation, formerly doing furnish to alleged debtor an affirmative and Safety Act of 1969 (30 U.S.C. 811), business as Gulf Coast Collection Agency written reply from their clients that said to promulgate mandatory health stand- Company, a corporation, its successors debt Is, In fact, a just one. ards transmitted to him by the Secre- and assigns, and its officers and Jerold 6. Receiving from alleged debtors post- tary of Health, Education, and Welfare, B. Katz, William A. Inglehart, and dated checks, which will not be deposited there was published in the FmDmm PEn- Martin M. Katz, individually and as immediately or which will be held by isrza for November 7, 1972 (37 FR officers of said corporation and respond- respondents or their representatives for 23645), proposed amendments to man- ents' representatives, agents and employ- more than fifteen businezs days after datory health standards applicable to ees, directly or through any corporation date of receipt. surface coal mines and to surface work subsidiary, division or other device, in It is further ordered,That respondents areas of underground coal mines. connection with the collection of ac- maintain and make available records Interested persons were afforded a counts in commerce, as "commerce" is relative to complaints received by re- period of 45 days within which to submit defined by the Federal..Trade Comnils- spondents involving the acts and prac- written comments, suggestions, or ob- sion Act, do forthwith cease and desist tices prohibited by this Order and which jections to the proposed standards. A from: describe steps taken by respondents to In- number of comments were received by 1. Using any forms, letters, or other vestigate and dispose of said complaints. the Bureau of Mines (now the Mining printed materials which cause, or which Said records shall be maintained for a Enforcement and Safety Administra- respondents should know are likely to period of six (6) months from the date tion) and transmitted to the Depart- cause, harassment, fear, or undue em- such complaint Is received, for Inspec- ment of Health. Education, and Welfare barrassment to alleged debtors who re- tion and copying by the Federal Trade for consideration. The following amend- ceive them. Commission. ments to Part 71 have been transmitted 2. Representing orally or in writing, or It is further ordered, That respondent by the Secretary of Health, Education, placing in the hands of others the means corporation shall forthwith distribute a and Welfare for promulgation in accord- and instrumentalities by and through copy of this order to each of Its operating ance with section 101(e) of the Act: (1) which they may represent, directly or by divisions and to each of Its customers. A new § 71.110-1 has been added to re- implication that: It is further ordered, That respondents quire more frequent dust sampling of (a) Past due accounts that are being notify the Commission at least thirty the working environments of miners or have been referred for collection to (30) days prior to any proposed change who show evidence of the development an attorney when these accounts are in the corporate respondent, such as dis- of pneumoconlo3is and who have exer- not being nor have they been so resolution,,assignment or sale, resulting in cised their option to transfer to jobs In ferred; emergence of a suiccessor corporation, the less dusty areas; (2) the standards for (b) Legal action with respect to an creation of dissolution of subsidiaries, or airborne contaminants in § 71.200 have allegedly delinquent account has been any other change In the corporation been amended by substituting the 1972 or is about to be or may be initiated un- which affects compliance obligations American Conference of Governmental less the respondents are able to estab- arising out of the order. Industrial Hygienists (ACGIH) thresh- lish that at the time the representation It is further ordered, That the individ- old limit values for such.substances for was made (1) legal action has been ini- ual respondents named herein promptly the 1970 ACGIE values; (3) the noise tiated or was about to be initiated, and notify the Commission of the discon- standard (subpart D) has been amended (2) the true nature of the legal action tinuance of their present business or em- to clarify reporting requirements and was clearly and completely disclosed. ployment and of their affiliation with a the action required by an operator of a 3. Using forms or any other items of new business or employment. Such notice mine in which the standard is violated. printed or written matter which simu- shall include respondents' current busi- The proposed amendment establishing lates legal process. ness address and a statement as to the a new standard for exposure to asbestos 4. Representing orally or in writing nature of the business or employment in has not been transmitted for promulga- that alleged debtor's employer has been which they are engaged As well as a tion since a request was filed for a hear- notified or may be notified that any or description of their duties and respon- ing on that proposed standard. all of the following actions have been sibilities. In accordance with section 101(h) of or will be taken when no such action or It is further ordered,That the respond- the Act, the amendments to Part 71 are actions have been or will be taken: ent shall, within sixty (60) days after effective on May 13, 1974. (a) Suit instituted against the alleged service upon them of this Order, file with debtor to collect the alleged sum due; the Commission a report in writing, set- Dated: May 8,1974. (b) The alleged debtor's wages at- ting forth in detail the manner and form C. K Msn=oRn, tached; in which they have complied with this Deputy Assistant Secretary (c) The alleged debtor's wages gar- Order. of the Interior. nished. 5. Using any means or devices for the Issued: April 16, 1974. Part 71 Is amended as set forth below: collection of delinquent accounts from By the Commission. 1. The following new section is inserted n Subpart B: alleged debtors in circumstances where [SEAL] CHARtx.E A. Towrn, it has been brought to respondents' Secretary. § 7T.110-I Periodic -sampling; trans- attention: ferred miners. (a) That said debt has been paid; [FR Doc.74-10956 Filed C-10-74;8:45 am) At least once every 90 days, one sample (b) That said debt is being billed to Title of respirable dust shall be taken from the an improper person; 30-Mneral Resources atmosphere to which each miner who (c) That alleged debtor is not liable CHAPTER I-BUREAU OF MINES, has exercised his option to transfer under to respondents' client for the reason that DEPARTMENT OF THE INTERIOR section 203(b) of the Act is exposed. the client has not provided any articles, SUBCHAPTER O-COAL MINE HEALTH AND 2. In Subpart C. § 71.200(a) is amended devices, services or other items of value SAFETY to read as follows: to the alleged debtor. PART 71-MANDATORY HEALTH STAND- § 71.200 Inhalation hazards; threshold (d) That materials ordered have been ARDS-SURFACE WORK AREAS OF limit values for gases, dust, fumes, returned; UNDERGROUND COAL MINES AND mists, and vapors. SURFACE COAL MINES (e) That materials received were un- (a) No operator of an underground ordered merchandise and debtor is un- Dust Sampling, Airborne Contaminants, coal mine and no operator of a surface der no obligation to pay for such mer- Asbestos Conformity and Reporting coal mine may permit any person work- chandise, or Requirements ing at a surface Installation or surface (f) That there would be a defense in Pursuant to the authority vested in worksite to be exposed to airborne con- an action brought on the disputed debt; the Secretary of the Interior under ec- taminants (other than respirable coal

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17102 RULES AND REGULATIONS

mine dust and respirable dust contain- the operator shall not be required to sur- subpart, submit for approval to a joint ing quartz, in excess of, on the basis of vey such miner during any subsequent Mining Enforcement and Safety Admin- a time-weighted average, the threshold periodic noise level survey required by Istration/Health, Education, and Wel- limit values adopted by the American this section: Provided. however, That the fare committee, a plan for the admin- Conference of Governmental Industrial name and job position of each such miner istration of a continuing, effective hear- Hygienists in "Threshold Limit Values shall be reported in every periodic survey in- conservation program to assure of Airborne Contaminants" (1972) which and the operator shall certify that such compliance with this subpart, including is hereby Incorporated by reference and miner's job duties and noise exposure provision for: made a part hereof. Excursions above the levels have not changed substantially (i) Reducing environmental noise listed threshold limit values shall not be during the preceding 6-month period. levels; of greater magnitude than is character- § 71.304 Supplemental noise level sur- (i) Personal ear protective devices to ized as permissible by the conference. vey; reports and certification. be made available to the miners; This paragraph does not apply to air- (iii) Preplacement and periodic audio- borne contaminants given a "C" desig- (a) Where the certified results of an grams. nation by the conference in the docu- initial noise level survey conducted In (iv) Those administrative and engi- ment. This document is available for ex- accordance with § 71.302 or a periodic neering controls that it has Instituted to amination at the Mining Enforcement noise level survey conducted in accord- assure compliance with the standard. and Safety Administration, 18th and C ance with § 71.303 indicate that any (3) Plans required under subpara- Streets NW., Washington, D.C.; at every miner may be exposed to a noise level in graph (2) of this paragraph shall be Coal Mine Health and Safety District and excess of the permissible noise level, the submitted to: Subdistrict Office; at the National In- operator shall conduct a supplemental noise level survey with respect to each Division of Automatic Data Processing; Pont stitute for Occupational Safety und. Office Box 25407. Building 41, Denver red- Health, 5600 Fishers Lane, Rockville, miner whose noise exposure exceeds this eral Center. Denver, CO 80225. AD; and at the Public Health Service standard. This survey shall be conducted Information Centers listed in 45 CFR within 15 days following notification to (c) Within 30 days following the is- 5.31. Copies of fhe document may be pur- the operator by the Mining Enforcement suance of any subsequent notice of vio- chased from the Secretary-Treasurer, and Safety Administration to conduct lation of this subpart, the operator shall American Conference of Governmental such survey. submit In writing: Industrial Hygienists, Post Office Box (b) Supplemental noise level surveys (I) a statement of the manner In which 1937, Cincinnati, OH 45202. shall be conducted by taking noise level the plan is intended to prevent the viola- measurements in accordance with tion or § 70.506 of this Subchapter 0; however, (i) a revision to its plan to prevent 3. Subpart D is amended by Inserting noise level measurements shall be taken similar future violations. the following new sections: of each individual operation to which the No=. The incorporation by referenco pro- § 71.302 Initial noise level survey. miner under consideration is actually vision in this document v7az approved by tho exposed during his normal work shift Director of the Federal ncglstcr on July 0, On or before November 13, 1974 each and the duration of each such exposure 1973. operator shail: shall be recorded. (a) Conduct, in accordance with this (Sac. 101, 83 Stat. 745 (30 U,., 811)) (c) Each operator shall report and cer- IFR Doc.74-10937 Filed 5-10-74:8:45 subpart, a survey of the noise levels to tify the results of each supplemental namI which each miner in each surface instal- noise level survey conducted in accord- lation and at each surface worksite is ance with this section to the Mining En- Title 3--Parks, Forests, and Public exposed during his liorma work shift; forcement and Safety Administration Property and, and the Department of Health, Edu- CHAPTER II-FOREST SERVICE, (b) Report and certify to the Mining cation, -and Welfare using the Coal DEPARTMENT- OF AGRICULTURE Enforcement and Safety Administra- Mine Noise Data Report Form to record PART 261-TRESPASS tion and the Department of Health, noise level readings taken with respect to Education, and Welfare, the results of all operations during which such meas- Use of Pesticldes such survey using the Coal Mine Noise urements were taken. On Data Report. (See Figure 1, Part 70 of Erday, March 24, 1972, a notice of (d) Supplemental noise level surveys proposed rulemakdna was published in 'this subchapter.) Reports shall be sent shall, upon completion, be mailed to: to: the FzDErAL REGISTER (37 FR 6106). The Division of Automatic Data Processing, Post proposal would have prohibited most Division of Automatic Data Processing, Post Office Box 254107, Building 41, Denver Fed- uses of pesticides and chemical toxicant3 Office Box 25107, Building 41, Denver Fed- eral Center, Denver, CO 80225. on National Forest System lands eral Center, Denver, CO 80225. with- §71.305 Violation of noise standard; out written permission from the Forest § 71.303 Periodic noise level survey. notice of violation; action required Service. In addition to the Federal Reg- (a) At intervals of at least every 6 by operator. ister notice to the public at large, No- months, after November tional Forest System grazing advisory 13, 1974 each (a) Where the results of a supplemen- boards were pi'ovidsd the specific oppor- operator shall conduct periodic surveys tal noise level survey conducted in ac- tunity of the noise to review the proposal as provided levels to which each miner cordance with § 71.304 indicate that any by the requirements of the Granger- in each surface installation and at each miner is exposed to noise levels which ex- surface worksite is exposed Thye Act (Sec. 18, 64 Stat. 87, 16 U.S.C. and shall re- ceed the permissible noise levels, the Sec- 580k) and 36 CFR. 231.10. All comments port and certify the results of such sur- retary shall issue a notice to the operator veys from advisory boards and from the pub- to the Mining Enforcement and that he is in violation of this subpart. lic at large were considered In prepam- Safety Administration and the Depart- (b) Upon receipt of a notice of violation of the regulation published nlow. ment of Health, Education, and Welfare, tion issued pursuant to paragraph (a) of In the regulation shown below, only that using the Coal Mine Noise Data Report this section, the operator shall: portion of the proposed regulation deal- Form. The interval between each survey (1) Institute, promptly, adinistra- ing with the subject of pesticides in gen- shall not be less than 3-months. Reports tive and/or engineering controls neces- eral Is finalized. The use of chemical shall be sent to: sary to assure compliance with the stand- toxicants for dilling predatory mammals Division of Automatic ard. Such controls may include protec- or birds and the use of chemical Data Processing, Poft tive devices other than those devices or Office Box 25407, Building 41, Denver Fed- toxicants which cause secondary effects eral Center. Denver. CO 80225. "- systems which the Secretary or his authorized representative finds to be haz- when used to kill other mammals, birds, (b) Where no A-scale -eading recorded ardous in such mine. or reptiles is included in the general pro- for any miner during an initial or peri- (2) Within 60 days following the issu- hibition of the regulation as finalized; odic noise level survey exceeds 90 dBa, ance of the first notice of violation of this however, the process for authorizing any

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 11,10:11 use of such chemical toxicants will be other micro-organisms in or on living 3. Section 8-18.202 is added to read as the subject of other regulations. Further man or other animals). follows: attention is called to the point that the Ron=e W. LONo, § 8-18.202 Preinvitntion notices. regulation deals only with the subject of Assistant Secretary for Con-. permission for applying pesticides to Na- An SF 19, Invitation, Bid and Award servation, Rcseearc and Edu- (Construction, Alteration, or Repair), or tional Forest System lands as a require- cation. ment of the Forest Service. It in no wak SF 20. Invitation for Bids (Construction the applicator of compliance M&aY 8, 1974. Contract), modified as necessary to in- relieves elude the information required by § 1- with applicable laws and other Agency [FR Doc.74-10988 1l1ed 5-10-74;0:45 am, regulations relating to the use of 18.202, may be used as a preinvitation pesticides such a.s the Environmental notice. When so used. It will be submit- Title 41-Public Contracts and Property ted to prospective bidders at least 14 Protection Agency regulations for imple- Manag;ement menting the Federal Insecticide. Fungi- days prior to the date on which the cide, and Rodenticide Act, as amended. CHAPTER 8-VETERANS drawings and specifications will be is- Specific changes are: ADMINISTRATION sued. When preinvitation notices are not 1. Elimination of paragraph (b) PART 8-2-PROCUREMENT1BY FORMAL used, see §§ 8-2.203-1 and 8-13.203-2. Chemical toxicants. ADVERTISING 4. Section 8-18.203-1 Is revised to read 2. Elimination of paragraph (c) Ex- PART 8-18--PROCUREMENT OF as follows: ceptions for emergency use of chemical CONSTRUCTION toxicants. § 8-18.203-1 Preparation of invitations 3. Elimination of paragraph (d)(3) Procurement of Construction for bids. Definition of chemical toxicants. On page 5326 of the FnERAL Rrors In addition to complying with the 4, Elimination of paragraph (d)(4) of February 12,1974 there was published provisions of FPR 1-2.201 and 1-18.203, Definition of predatory mammal or bird. a notice of proposed regulatory revision the following referenced provisions and 5. Elimination of paragraph (d)(5) clauses will be included in the invita- Definition of secondary poisoning effect. of 41 CFR Parts 8-2 and 8-18. to relocate tions for bids, to the extent applicable: 6. Elimination of paragraph (d)(6) material on the procurement of con- (a) Small business set-asides. (§ 8- Definition of field use. struction to conform to the arrangement 1.706-5) 7. Revision of paragraph (a) Pesticides of Federal Procurement Regulations and (b) Aggregate award. (Q8-2.201(f)) to clarify that certain uses of pesticides to add material formerly contained in (c) Bid samples. (FPR 1-2.202-4) for personal purposes or treatment of in- Internal regulations. Interested persons (d) Buy American Act. (FPR 1-18.604 dividual animals do not require author- and § 8-18.604) ization. Opportunity is also provided for were given 30 days In which to submit (e) Contract clauses. (FPR 1-7.6, Sub- the Forest Service to exempt other uses written comments, suggestions, or objec- part 8-7.6) of a minor nature whenever the need for tions regarding the proposed regulations. (f) Bid guarantees. ( 8-10.103) such exemption becomes apparent. One comment was received. A news- (g) Performance bonds. (§ 8-10.104) As so revised, the proposal is hereby paper association suggested that, par- (h) Payment bonds. (FPR 1-10.105) adopted to read as set forth below. It be- (i) Federal, State, and local taxes. comes effective on May 15. 1974. The cita- ticularly in the case of Invitations to bid (FPR 1-11.401-1) tion of authority remains the same as in for small construction contracts, the i) Liquidated damages. (FPR 1-18.110 the proposed regulation (37 F 6106). regulations be amended to provide for and § 8-1.315) § 261.17 Use of pesticides. publication of public notice(s) in a local (k) Revisions to prescribed forms. newspaper or newspapers of general cir- (FPP. 1-16.401) (a) Pesticides. Unless authorized in (1) Termination clauses. Q§ 8-8.700-2) writing by the Forest Service, the use culation in the area of the proposed con- of pesticides by a person on National struction. Since newspaper advertise- 5. Sections 8-18.203-2 and 8-8.203-3 Forests, National Grasslands, and other ments may be paid for only under are added to read as follows: lands administered by the Forest Serv- written authority of the Administrator § 8-18.203-2 Distributon of invitations ice is prohibited. In all instances the (44 U.S.C. 3702) or his duly authorized forbids. requirements respecting the manufac- designee (5 U.S.C. 302), the placing of ture, transportation, purchase, use stor- (a) On the Issue date shown on SF age, and disposal of pesticides under the advertisements must be restricted to 19 or SF 20, specifications, drawings, Federal Insecticide. Fungicide, and Ro- those cases where they are clearly war- and all other material necessary to pre- denticide Act, as amended, and the regu- ranted. We do not believe that small con- pare a bid will be Issued to each eligible lations promulgated pursuant thereto, struction contracts In general warrant prospective bidder and other agencies must be complied with. Written author- who request them In writing and who such special treatment. Accordingly, the meet the qualifications stated in the in- ization by th6 Forest Service is not re- revised regulations are adopted as pro- quired for personal use of pesticides vitation. intended for medicinal purposes or as posed. (b) On the issue date, two copies of insect repellents, or to such uses upon an Effective date. These VA Regulations the drawings and specifications for sta- individual animal; nor is it required for are effective May 13, 1974. tion level projects funded from con- uses of a minor nature as might be ex- Approved: MTay 6, 1974. struction appropriations -ill be fur- empted by the Forest Service. nished to the Assistant Administrator (b) Deftnitions. As used in this By direction of the Adminitrator. for Construction. section: (1)"Person" means any individual, [SEAL2 Elcamen i. Roumusir, (c) Distribution of specifications and partnership, association, organization, Deputy Administrator. drawings on Central Office projects will or other private entity, but does not-in- § 8-2.205-4 [Revoked] be in accordance with that established elude Governmental Agencies. 1. Section 8-2.205-4, Excessvely long by the Project Director. (2) "Pesticide" meats any substance or bidders mailing lists, is revoked. (d) Invitations should also be sent to mixture of substances to prevent, destroy, 2. In § 8-2.407-1, paragraph (e) is Chambers of Commerce, Builders Ex- repel, or mitigate any insect, rodent, revoked. nematode, fungus, weed, or other form of changes, various trade journals, and aquatic or terrestrial plant or animal life § 8-2.407-1 GeneraL other organizations which make a prac- or virus, bacteria, or other micro- tice of publishing such information for organism (except bacteria, viruses, or (e) [Revoked.] the benefit of the construction industry.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 No. 93--Pt. I----3 17104 RULES AND REGULATIONS

§ 8-18.203-3 Amendment of invitations The document published at 38 FR payment to lenders of the allowances au- for bids. 30654 (November 6, 1973) is corrected as thorized by section 2 of the "Emergency Amendments will be sent to holders of follows: Insured Student Loan Act of 1969" (Pub- drawings and specifications by certified 1. On page 30659, the number "118.1," lic Law 91-95) IS amended to provide for mail, return receipt requested. in each of the two places it appears, Is the payment of such an allowance for corrected to read: "118.2." the period January 1, 1974, through [FR Doc.74-10954 Filed 5-10-74;8:45 am] 2. On page 30659, the number "121.1," March 31, 1974, inclusive. in each of the two places it appears, is In light of the directive's In the Emer- Title 45--Public Welfare corrected to read: "121.2." gency Insured Student Loan Act of 19609 CHAPTER I-OFFICE OF EDUCATION, DE- 3. On page 30660, the number "116.34," with respect to the factors that the Sec- PARTMENT OF HEALTH, EDUCATION, in the one place it appears, is corrected retary of Health, Education, and Wel- AND WELFARE to read: "166A4." fare is to consider and the officials with SUBCHAPTER A-GENERAL PROVISIONS whom he Is to consult in setting the rate 4. On page 30660, the reference to let- of the special allowance, and since a PART 118-SUPPLEMENTARY CENTERS tered paragraph "(b)" of § 167.3, is cor- comment period would cause delay of at AND SERVICES; GUIDANCE COUNSEL- rected to be a reference to lettered para- TESTING least 30 days, following each quarterly ING AND graph "(1)" of § 167.3. 3-month period, before lenders could ap- PART 121-PROGRAMS FOR THE EDUCA- 5. On page 30660, the phrase "170.6 ply for the special allowance for such TION OF HANDICAPPED CHILDREN (a) (1) and (2), and (b)," is correcteil period, it has been determined pursuant to 5 U.S.C. 553 that the solicitation of PART 166-FINANCIAL ASSISTANCE FOR to read: "170.6(b) (1) and (2), and (c) ." ADULT EDUCATION PROGRAMS comment as to the rate of the special 6. On page 30660, the list of sections in allowance for any particular quarter is PART 167--SPECIAL PROJECTS AND Part 170 which are revoked (numbered to the TEACHER TRAINING IN ADULT EDUCA- both impracticable and contrary TION paragraph 45) is amended by adding: public interest. "170.8." Effective date. This regulatory amend- PART 170-FINANCIAL ASSISTANCE FOR ment is effective on June 12, 1974. CONSTRUCTION OF HIGHER EDUCA- 7. On page 30661, under numbered paragraph 59-8, the number "181.21" is Section 177.4(c) (3) (xlx) Is added as TION FACILITIES follows: PART 187-FINANCIAL ASSISTANCE FOR corrected to read: "187.21." '8. On page 30661,. the reference "Ap- § 177.4 Payment of interest benefit, THE IMPROVEMENT OF EDUCATIONAL administrative cost allowatnes and OPPORTUNITIES FOR INDIAN CHIL- pendix E-Procurement Standards," is special allowance. DREN deleted. Corrections Miscellaneous Effective date. These corrections shall (c) = Pursuant to section 403(b) (1) of the become effective on May 13, 1974. (3) * * 5 General Education Provisions. Act (20 Dated: April 29, 1974. (xix) For the period January 1, 1974, U.S.C. 1221c(b) (1)), the Commissioner through March 31, 1974, inclusive, a spe- of Education with the approval of the JOHN OTTmnA, cial allowance is authorized to be paid Secretary of Health, Education, and Wel- U.S. Commissioner of Education. in an amount equal to the rate of two fare makes the technical corrections set Approved: May 7,1974. and one-quarter percent per annum of forth below to the document published in the average unpaid balance of disbursed the FEDERAL REGISTER on November 6, CASPAR W. WEINBERGER, principal of eligible loans. (Office of Education Secretary of Health, 1973, at 38 FR 30654 (Sec. 2, 83 Stat. 141) General Provisions regulation). The cor- Education,and Welfare (Catalog of Federal Domestic Ailstance No. rections are of errors in the section num- [FR Doc.74-10979 Filed 5-10-74;8:45 am] 13.460 Guaranteed Student Loan Program) bers of Office of Education regulations which were to have been revoked by the Dated: May 2, 1974. PART 177-FEDERAL, STATE AND PRI- JOHN OTT11A, document published at 38 FR 30654. VATE PROGRAMS OF LOW-INTEREST U.S. Commissioner of Education. Since these corrections merely rectify LOANS TO VOCATIONAL STUDENTS errors In the original document, and do- AND STUDENTS IN INSTITUTIONS OF Approved: May 8, 1974. HIGHER EDUCATION not affect the substance of any regula- CASPER W. WEINBERGER, tions, proposed rulemaking procedures Special Allowances Secretary of Health, are unnecessary, and are dispensed with Subparagraph (3) of § 177.4(c), Spe- Education,and Welfare. pursuant to 5 U.S.C. 553(b). cial Allowances. which deals .with the [FR Doc.'74-11030 Filed 5-I0-74;8.46 am]

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17105 proposed rules I This section of the FEDERAL REGISTER contains notices to the public of the proposed Issuance of rules and regulatons. The purpose of I these notices is to give Interested persons an opportunity to participate In the rulemaking priorto the adoption of the final rules.

DEPARTMENT OF THE TREASURY ment, as hereinafter set forth, to the from the premises other than by board rules and regulations (Subpart-Rules approval: Provided further, That unless Customs Service and Regulations, 7 CFR Part 930.101- an alternate method of tree selection for E19 CFR Parts 133,141] 930.161), currently In effect pursuant to diversion is requested by an applicant TRADEMARKS, TRADE NAMES, AND COPY- the applicable provisions of marketing and is approved by the board, the trees RIGHTS AND ENTRY OF MERCHANDISE Order No. 930 (7 CFR Part 930), regulat- involved with non-harvest shall be desig- ing the handling of cherries grown In nated on a random basis by the board Invoices Accompanying Shipments of Michigan, New York. Wisconsin. Penn- through Its authorized representatives. Books, Extension of Time sylvania, Ohio, Virginia, West Virginla, 2. § 930.104 Reserve pool requirements M Y 7,1974. and M1aryland hereinafter referred to as is amended to read as follows: "the order." This is a regulatory program On February 28. 1974, a notice of pro- § 930.10- Reserve pool requiremen. posed rulemaking was published in the effective under the Agricultural Market- FEDERAL REGISTER (39 FR 7799) which ing Agreement Act of 1937, as amended (a) Reserve pool cherries shall be set proposed to amend §§ 133.45(c) (2) and (7 U.S.C. 601-674). aside in the form of 5 plus 1 (five pounds 141.89 of the Customs regulations per- This proposed amendment of the rules of raw pitted cherries combined with one taining to the requirement of certain in- and regulations was unanilmously rec- pound of sugar) frozen cherries packed formation on invoices accompanying ommended by the Cherry Admint trative In new 30 pound capacity metal cans or shipments of books. Thirty days from Board, established under said order, as such other 30 pound capacity containers the date of publication of the notice the agency to administer the terms and as may be prescribed by the board. Such were given for submission of data, views, provisions thereof. It specifies the pro- cherries shall be graded and certified by or arguments pertinent to the proposed cedure for the Board to use n supervis- the United States Department of amendment. ing diversion under the order. It provides Agriculture. Requests have been received for ex- that containers other than the 30-pound tension of the time for submission of new metal can may, upon approval of the (c) Such cherries, for each handler comments. The period of submission of Board, be used for reserve pool cherries. who freezes cherries, shall reflect not data, views, or arguments relating to the It proposes that reserve pool cherries less than the overall grade, quality and proposed amendments to §§133.45(c) meet at least the requirements of U.S. condition of the total frozen production (2) and 141.89, Customs regulations, is Grade B (39 FR 13551) to up-grade re- of said handier: Provided, That not less extended to Mlay 3, 1974. serve pool cherries to make them more than 50 percent of said reserve pool desirable and more marketable. It pro- cherries shall grade not lower than US. [sEAL] VERxozfD. AcaRm, poses to compensate handlers at the rate Grade "A!" and the remainder not lower Cornissioerof Customs. of 12.01 cents per pound of reserve pool than proposed U.S. Grade "B" (39 FR [FR Doo.74-10987 Filed 5-10-74:8:45 am] cherries delivered for processing, freez- 13551) unless otherwise exempted by the ing and the first 30 days storage of such board. cherries, and a fee of 5.5 cents per con- DEPARTMENT OF AGRICULTURE tainer per month for storage of such (d) Such cherries, for each handler who does not freeze cherries and there- Agricultural Marketing Service cherries thereafter. Since reserve pool expenses, such as storage of records, con- fore obtains reserve pool cherries from [7 CFR Part 93O ] tinue after liquidation of a reserve pool, another handler who does freeze cherries, CHERRIES GROWN IN CERTAIN STATES the proposal is to establish a reserve shall reflect not less than the overall fund, not to exceed $10,000, for use In grade. quality and condition of the total Limitation of Handling defraying such expenses. frozen production of the handler who This notice invites written comments All persons who desire to submit writ- freezes such cherries: Provided,That not relative to proposed amendment of the less than 50 percent of said reserve pool ten data, views, or arguments for consid- cherries shall grade not lower than US. rules and regulations established pur- eration in connection with the proposed suant to Marketing Order 930. Such amendment shall file the same. in quad- Grade "A" and the remainder not lower amendment would prescribe a procedure ruplicate, with the Hearing Clerk. United than proposed U.S. Grade "B" (39 FR governing tree selection under the diver- States Department of Agriculture. Room 13551) unless otherwise exempted by the sion -provisions; permit the packing of 112, Administration Building, Washing- board. reserve pool cherries in 30 pound capac- ton, D.C. 20250, not later than June 3, 3. Paragraph (c) of § 930.109 Dfr- ity containers other than 30 pound metal 1974. All written submissions made pur- tributon of reserve pool proceeds is re- cans when authorized by the Cherry Ad- suant to this notice will be made avail- vised to read as follows: ministrative Board; establish a handler able for public inspection at the office of § 930.109 Distribution of reserve pool charge for fiscal 1974-45 at 12.01 cents the Hearing Clerk during regular busl- proceed.% per pound for processing, freezing and ness hours (7 CFR 1.27(b)). the first 30 days storage of reserve pool The proposed amendment would pro- cherries and set a storage charge of 5.5 vide as follows: (c)In accordance with § 930.60 aLI re- cents per container for each additional 1. Section 930.103 Diversion Is reserve pool funds, after deductions, shall month of storage;- prescribe a minimum vised to read as follows: be distributed to equity holders in direct grade for reserve pool cherries; and au- proportion to each person's equity in the thorize said Board to maintain a reserve § 930.103 Diversion. total reserve pool. In the event of com- fund to meet the costs of maintaining Diversion shall be accomplished by plete disposition of all reserve pool records pertaining to reserve pool leaving restricted percentage cherries cherries, the board may, prior to making cherries. unharvested: Provided, That such distribution of the resulting funds, seb Notice is hereby given that theDepart- cherries shall remain on the tree until aside a portion of such funds, not to ment is considering a proposed amend- final Inspection and shall not be removed exceed $10,000, as a reserve to defray

FEDERAL REGISTER, VOL 39, NO. 93-MONOAY, MAY 13, 1974 . 17106. PROPOSED RULES

costs of storage and maintenance of rec- be presented in writing, in triplicate, to tively to a degree of Doctor of Medicine ords and supporting material of the the Director, Burea of Health Resources or Doctor of Ozteopathy and which is ac- pool. Development, 9000 Rockville Pike, Build- credited as provided In section 721(b) ing 31, Rm. 5C02, Bethesda, Maryland (1) (B) of the Act. (4) Section 930.158 Handler compen- 20014. All comments received in response (d) "Scholarship grant" means the sation charge 1 is revised to read as to this notice will be available for public amount of money awarded to an indi- follows: inspection at the Offce of Grants Policy, vidual by the Secretary for an academic Bureau of Health Resources Develop- year pursuant to section 784(a) of the § 930.158 Handler compensation charge ment, Health Resources Administiation, Act. 2. 9000 Rockville Pike, Building 31, Rm. (e) "Full-time student" means a stu- During the fiscal period ending April 5B34, Bethesda, Maryland 20014 on dent who is enrolled, or accepted for en- 30, 1975, each handler shall be compen- weekdays (Federal Holidays excepted) rollment, in a school and pursuing a sated, as provided by § 930.58, by pro- between the hours of 8:30 am. and 5:00 course of study which constitutes a full- ducers having an interest in the reserve p.m. In light of the need to publish final time academic workload, as determined pool, or their successors in interest: (1) regulations in time to make awards from by the school, leading to a degree speci- at the rate of $0.1201 (12.01 cents) per fiscal year 1974 funds for the 1974-75 fied in paragraph (c) of this section. pound of reserve pool cherries for re- school year only those comments re- (f) "Academic year" means the tradi- ceiving raw unpitted cherries, processing ceived on or before May 28, 1974 will be tional, approximately 9-month Septem- such cherries into the form of 5 plus 1 considered. ber to June annual session. For the frozen cherries packed in new 30 pound It is therefore proposed to add a new purpose of computing academic year capacity metal .cans or any other 30 Subpart W to Part 57 as set forth below. equivalents for students who, during a pound capacity as may be prescribed by Dated: April 25, 1974. 12-month period, attend for a longer the board, as specified in § 930.104(a), period than the traditional academic and for storage in a suitable freezer CHARLES C. EDWARDS, year, the academic year will be consid- storage facility for 30 days from the date Assistant Secretary for Health. ered to be of 9 months' duration. the reserve pool cherries are placed in Approved May 6, 1974. (g) "National of the United States" such storage facility; and (2) at the rate means (1) a citizen of the United States of 51/2 cents per pound container per CA(SPAR W. WEINBERGER, or (2) a person who, though not a citi- month for storage thereafter in a suit- Secretary of Health, zen of the United States, owes permanent able freezer storage facility. Education, and Welfare. allegiance to the United States (8 U.S.C. 1101(a) (22)). Dated: May 7, 1974. Subpart W-Physician Shortage Area S Scholarship* Grants (h) "Professional training" means the CHARLES R: BRADER, Sec. course of study leading to the degree of Deputy Director, Fruit and 57.2201 Applicability. doctor of medicine or doctor of osteop- Vegetable Division, Agricul- 57.2202 Definitions. athy, plus a period, not to exceed a total 57-2203 Eligibility. of four years, of Internship and residency tural Marketing Service. 57.2204 Application. [FR Doe.74--10950 Filed 5-10-74;8:45 am] 57.2205 Priority for selection of scholarship training. recipients. (1) "Low-income background" as ap- 57.2206 Grant award. plied to any individual means that the DEPARTMENT OF HEALTH, 57.2207 Amount of scholarship grant. individual comes from a family with an EDUCATION, AND WELFARE 57.2208 Payment of scholarship grant. annual Income below low-income levels 57.2209 Conditions of scholarship grant. developed pursuant to § 57.605(c). Public Health Service 57.2210 Failure to comply. () "The practice of primary care" [ 42 CFR Part 57 ] 57.2211 Waiver or suspension. means the provision of health services PHYSICIAN SHORTAGE AREAS AurnoRry: Sec. 215, 58 Stat. 690, as characterized by the delivery of first amended (42 U.S.C. 216). contact medicine, the assumption of Scholarship Grants § 57.2201 Applicability. longitudinal responsibility for the pa- Notice is hereby given that the Assist- tient regardless of the presence or ab- ant Secretary for Health, with the ap- The regulations of this subpart are ap- sence of disease, and the integration of proval of the Secretary of Health, Edu- plicable to scholarship grants awarded the physical, psychological and social cation, and Welfare, proposed to add a under section 784 of the Public Health aspects of health care to the limits of new Subpart W entitl6d "Physician Service Act, which authorizes the Secre- the capability of the practitioner, For Shortage Area Scholarship Grants", to tary to award scholarship grants to stu- purposes of this section, primary care Part 57 of Title 42, Code of Federal dents of medicine and osteopathy who shall include the fields of general prac- .Regulations. The proposed new Subpart agree to engage in the practice of pri- tice, family practice, general internal W is in tentative form below. mary care for a prescribed period of time medicine, and general pediatrics. Section 784 of the Public Health Serv- (a) in a physician shortage area or (b) in (k) "Migratory agricultural worker" ice Act authorizes the Secretary of such manner as to assure that of the means a domestic agricultural migratory patients receiving mddical care in such worker as defined In § 56.102(d), Health, Education, and Welfare -to practice a substantial portion will con-. award scholarship grants to students of (1) "Physician shortage area" means sist of migratory agricultural workers or an area designated by the Secretary medicine and osteopathy who agree to members of their families. engage in the practice of primary care pursuant to § 57.216(a) (5) as an area for a prescribed period of time (a) in a § 57.2202 Definitions. having a need for and shortage of physicians. physician shortage area or (b) in such As used in this subpart, the following manner as to assure that of the patients terms shall have the following meanings: § 57.2203 Eligibility. receiving medical care in such practice (a) "Act" means the Public Health To be eligible for a scholarship grant a substantial portion will consist of mi- Service Act, as amended. under this subpart, the applicant must: gratory agricultural workers or members (b) "Secretary" means the Secretary (a) Be a national of the United States of their families. The purpose of the of Health, Education, and Welfare and or a permnent resident of the Trust Ter- proposed new Subpart W is to establish any other officer or employee of the DL- ritory of the Pacific Islnds or be in the regulations implementing section 784 of partment of Health, Education, and United States, Puerto Rico, the Virgin the Public Health Service Act. Welfare to whom the authority involved Islands, or Guam for other than tem- Written comments concerning the pro- has been delegated. porary purposes and Intend to become a posed regulations are invited from inter- (c) "School" means a public or other permanent resident thereof; ested persons. Inquiries may . be ad- nonprofit school of medicine or osteop- (b) Be a full-time student in a school dressed, and data, views and arguments athy which provides a course of study, located in the United States, the Trust relating to the proposed regulations may or a portion thereof, which leads respec- Territory of the Pacific Islands, Puerto

FEDERAL REGISTER, VOL 39, NQ. 93-MONDAY, MAY 13, 1974 PROPOSED RULES 17M0

Rico, the VirginIslands, the Canal Zone, applicants within that grouping who from such time, such practice shall, at American Samoa or Guam; and agree to practice in such place or places, the option of the individual b, either in (c) Agree to engage in the practice of facility or facilities, and in such manner any then current physican' shortage primary care as defined in § 57.2202(j) as the Secretary finds necessary to as- area or in such place or places, facility, 'in accord with conditions .specified in sure that, of the patients receiving medi- or facilities, and in such manner as the § 57.2209. cal care In such practice, a substantial Secretary finds necezsary to assure that. § 57.2204 Application. portion will consist of persons who are of the patients receiving medical care in migratory agricultural w6rkers or mem- such practice, a substantial portion will Each eligible applicant desiring a bers of their famiies. consist of persons who are migratory scholarship grant under this subpart § 57.2206 Grant award. agricultural workers or members of their shall submit an application at such time families. and in such form as the Secretary may The Secretary may award scholarship (2) In the case of any individual se- prescribe. grants to Individuals who have been lected pursuant to § 57.2205(a) (3) cr § 57.2205 Priority for selection of schol- selected to receive scholarship grants in (4), such practice must be in accordance arship recipients. accordance with § 57.2205. Any such with the agreement described in § 57.2205 award under this subpart shall state the (b) (2) (i.e., in a physician shortage area (a) When funds determined by the specific conditions under which the Secretary to be with a substantial portion of migratory available for scholar- award Is being made and shall Indicate agricultural workers in such area; a ship grants under this subpart are in- the distribution between funds awarded phyJician shortage area; or in such place sufficient to permit .the awarding of to cover the costs of tuition and fees pay- scholarships to all individuals applying or places, facility or facilities, and in able to the school and funds awarded for such manner as may be necessary to as- therefor, the Secretary shall accord the costs of equipment, supplies, books, priority sure that, of the patients receiving medi- to eligible applicants as fol- and living expenses payable to the in- cal care in such practice, a substantial lows: dividual. (1) First priority for scholarship portion will consist of persons who are grants shall be accorded to applicants § 57.2207 Amount of scholarship grant. migratory agricultural workers or members of their families; as the case may who (I) are from a low-income back- (a) The amount of the scholarship ground as defined in § 57.2202 (1), (ii) grant to any student for any academic be). reside in a physician shortage area and (b) Subject to the provision of year shall be the total of (1) the lesser of § 57.2211(e), any individual to whom the (iii) agree to return to such area and (i) $5,000 or (i) the amount determined engage in the practice of primary care. conditions of this section apply must by the Secretary to be the cost of tuition complete the practice required by para- For purposes of this subparagraph, an and fees; plus (2) an allowance for individual resides in a physician short- graph (a) of this section within a period equipment, supplies, books and living ex- on the date of completion by age area if he presently is residing in penses which shall be the lesser of (I) beginning such an area or if he (or his parents) such individual of his professional train- $3,600 or (iI) the difference between $5,- In, as determined by the Secretary, and resided in such an area in the year prior 000 and the amount determined pursu- to his admission to an institution of ant to paragraph (a) (1) of this section. not to exceed the period of practice higher education. determined In accordance with such (b) The maximum amount of a schol- paragraph (a), plus 6 months. (2) Second priority shall be accorded arship grant during a 12-month period to to applicants meeting the criteria in any student enrolled in a school which (c) Where an Individual has received paragrap (a) (1) (ii) and (iII) of this provides a course of study longer than scholarship grant support for four aca- section. the traditional 9-month adademlc year demle years, such individual shall be (3) Third priority shall be accorded may be proportionately Increased. considered to have received scholarship to applicants meeting the criteria in grant support for only three academic paragraph (a) (1) (ii) and (iiI) of this § 57.2203 Payntent of scholarship grant. years if the Secretary determines (1) section. The portion of a scholarship grant thlat such individual has served his in- (4) Fourth priority shall be accorded awarded for the costs of tuition and fees ternship or residency in a hospital UI) to other applicants. as indicated on the notice of grant award which Is located in a physician shortage . (b) Where there are insufficient funds document will be paid directly to the area, or (Hi) in which a substantial por- available to make scholarship grants to school upon receipt of an'invoice from tion of the patients of such hospital con- all members of any single priority group- the schooL The portion of the scholar- sists of persons who are migratory agri- ing enumerated in paragraph (a) of this ship grant awarded for the costs of cultural workers or members of the fam- section, the following criteria will be equipment, supplies, books, and living ex- ilies of such workers and (2) that while used to accord priority within each penses will be paid to the individual in so serving such internship or residency. affected priority group: equal monthly installments. he has received training or professional (1) Within the priority groupings spe- experience designed to prepare him to cified in paragraph (a) (1) and (2) 'of § 57.2209 Conditions of scholarship engage in the practice of primary care. this section, the Secretary shall rank grant. (d) For purposes of paragraph (c) (2) recipients according to the degree of the (a) Any scholarship grant made to of this section, (1) nternships which will severity of shortage of physicians prac- any individual under this subpart shall be recognized by the Secretary as provid- ticing primary care, in such area. be awarded upon the condition that such ing training or professional experience Scholarship grants shall be .awarded individual will, following completion of designed to prepare an individual to en- within each priority group first to appli- his professional training, engage in the gage in the practice of primary care are: cants within that grouping from physi- practice of primary care for a period pf rotating internships without a major cian shortage areas with the least favor- 12 continuous months for each academic emphasis, rotating internships with an able ratio of such physicians to the pop- year (Ie., 9 months) for which a ccholar- emphasis on internal medicine, rotating plation to be served. ship grant was made, as follows: internships with an emphasis on pedi- (2) Within the priority groupings (1) In the case of any individual atrcs, straight Internships in internal specified in paragraph (a) (3) and (4) of selected pursuant to § 57.2205(a) (1) or medicine and straight internships in this section, the Secretary shall award (2), such practice must be In the physi- pediatrics; Provided, That such intern- scholarship grants within each priority cian shortage area to which such in- ships are approved or provisionally ap- group first to applicants who agree to dividual agreed to return: Provided hotw- proved by the Council on Medical Educa- practice primary care in a physician ever, That if the Secretary determines tion.of the American Medical Association shortage area with a substantial portion at the time the individual proposes to en- or the Board of Trustees of the American of migratory agricultural workers in gage in the required practice that such Osteopathic Association; and such area; second, to applicants within area is no longer a physician shortage (2) Re-ldencies which will be recog- that grouping who agree to practice n a area and cannot reasonably be e-pected nized as providing such training or ex- 'physician shortage area; and third, to to become such an area within 2 years perience are those in general practice,

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 r,103 PROPOSED RULES family practice, general internal medi- (2) The individual's estimated future to the point of' begInning. The alrmpaco cine and general pediatrics; Provided, financial resources and obligations; within Canada Is excluded. That such residencies are approved or (3) The reasons for the individual's The expansion of this portion of the provisionally approved by the Council on failure to complete such practice within additional control area would provide Medical Education of the American" the prescribed period, such as problems aircraft operating in the Sault Ste. Marlo Medical Association or the Board of of a personal nature; and and Kincheloe, Mich., areas more con- Trustees of the American Osteopathic (4) The extent to which the individual trolled airspace for radar vectors and Association. is practicing his profession in a manner would improve air traffic control pro- (e) No individual who has received a consistent with the purposes of section cedures. scholarship grant under this subpart may 784 of the Act. This amendment Is proposed under the enter into an agreement with the See- (e) The Secretary may extend the authority of section 307(a) of the Fed- retary pursuant to section 741(f) of the period (prescribed in § 57.2209(b)) eral Aviation Act of 1958 (49 U.S.C. 1348 Act until either (1) such individual has within which an individual must. com- (a)) and section 6(c) of the Department completed the practice required by para- plete the practice required pursuant to of Transportation Act (49 U.S.C. graph (a) of this section, or (2) the Sec- § 57.2209(a) for a period not to exceed 1655(c)). one year where the Secretary findg that retary has determined that the United Issued in Washington, D.C., on May 7, States is entitled to recover from such (1) such individual is-unable to complete such practice within such period because 1974. individual an amount determined in ac- RAvMTolw M. McIMM, cordance with § 57.2210. In no case, how- of a temporary physical or mental disability, or (2) completion by such indi- Acting Chic!, Airspace ever, shall a scholarship grant under this and Air TraBle Rules Division. subpart be considered an educational vidual of such practice within such loan for purposes of section 741(f) of the period would involve extreme hardship [FR Doe.74-10900 riled 5-10-74;8:45 m] Act. to such individual and that failure to so extend such period would be against [ 14 CFR Part 71] § 57.2210 - Failure to comply. equity and good conscience. (a) Subject to the provision of [1FR Doc.i4-10980 Filed 5-10-74;8:45 am] [Airspaco Ioctet No. 74-SW-211] § 57.2211, f any individual fails to com- TRANSITION AREA plete the course of study or fails, within the time period set forth in § 57.2209(b), DEPARTMENT OF Proposed Alteration TRANSPORTATION to meet the applicable conditions of prac- The Federal Aviation Administration Is tice imposed by receipt of a scholarship Federal Aviation Administration considering amending Part 71 of the Fed- grant for the full number of months to 14 CFR Part 71 ] eral Aviation regulations to alter the which such condition is applicable, the E Harlingen, Tex., transition area. United States shall be entitled to recover [Airspace Docket No. 74-WA-121 Interested persons may submit such from such individual an amount deter- ADDITIONAL 'CONTROL AREA written data, views or arguments as they mined in accordance with section 784(c) Proposed Alteration may desire. Communications should be (3) of the Act. submitted in triplicate to Chief, Airspace Federal Aviation Administration § 57.2211 Waiver or suspension. The and Procedures Branch, Air Traffic Divi- (FAA) is considering an amendment to sion, Southwest Region, Federal Aviation (a) Any obligation of any individual Part 71 of the Federal Aviation Regula- Administration, P.O. Box 1689, Fort under this subpart will be cancelled upon tions that would expand the additional Worth, Texas 76101. All communications the death of such individual as docu- control area in the vicinity of Sault Ste. received on or before June 12, 1974 will mented by a certification of death, or Marie, Mich. be considered before action Is taken on such other official proof as is conclusive Interested persons may participate in the proposed amendment. No public under State law, and submitted to the the proposed rule making by submitting hearing Is contemplated at this time, but Secretary. such written data, views or arguments arrangements for Informal conferences (b) Subject to the provision of para- as they may desire. Communications with Federal Aviation Administration of- graph (e) of this section, where an in- should identify the airspace docket num- ficials may be made by contacting the dividual fails to complete the practice re- ber and be submitted in triplicate to the Chief, Airspace and Procedures Branch. quired by § 57.2209 (a) within the period Director, Great Lakes Region, Atten- Any data, views or arguments presented prescribed in § 57.2209(b), the Secretary tion: Chief, Air Traffic Division, Federal during such conferences must also be may waive the obligation of such indi- Aviation -Administration, 2300 East submitted in writing In accordance with vidual to repay pursuant to § 57.2210 Devon, Des Plaines, Ill. 60018. All com- this notice in order to become part of the where the Secretary determines that; munications received on or before record for consideration. The proposal compliance by such individual with such May 28, 1974, will be considered before contained in this notice may be changed obligation (1) is impossible, or (2) would action is taken on the proposed amend- in the light of comments received. involve extreme hardship to such indi- ment. The proposal contained in this no- The official docket will be available for vidual and enforcement of such obliga- tice may be changed in the light of com- examination by Interested persons at the tion with respect to such individual ments received. Office of the Regional Counsel, Southwest would be against equity and good con-. An official docket will be available for Region, Federal Aviation Administration, science. examination by interested persons at the Fort Worth, Texas. An Informal docket (c) For purposes of paragraph (b) (1) Federal Aviation Administration, Office will also be available for examination of this section, compliance by an indi- of the General Counsel, Attention: Rules at the Office of the Chief, Airspace and vidual will be deemed impossible where Docket, 800 Independence Avenue SW., Procedures Branch, Air Traffic Division. the Secketary determines, on the basis Washington, D.C. 20591. An informal It is proposed to amend Part 71 of the of such information and documentation docket also will be available for exam- Federal Aviation Regulations as herein- .as he may require, that the individual ination at the office of the Regional Air after set forth. is permanently and totally disabled. Traffic Division Chief. In § 71.181 (39 FR 440), the Harlingen, (d) For purposes of paragraph (b) (2) The proposed amendment would ex- Tex., transition area is amended to read: of this section, in determining whether pand the Sault Ste. Marie, Mich., Addi- HAUmflGmi, T=x. compliance by an individual would in- tional Control Area (§ 71.163 of the Fed- from 700 individ- That airspace extending upward volve extreme hardship to such eral Aviation Regulations) as follows: feet above the surface within a 5-mile radius ual and would be against equity and good of the Harlingen Municipal Airport (latitude conscience, the Secretary will take into An area bounded by a line beginning at Lat.- 46-48'45" N., Long. 84033'00" IV., to 26°13'36" N.,longltudo 97°39'12" W.); within consideration the following: Lat. 46°33'00" N, Long. 85°0140" W., to 3.5 miles either side of the Harlingen IM (1) The individual's present financial Lat. 4700'00" N, Long. 86*25'30" W., to localizer north course extending from the 5- resources and obligations; Lat. 47*19'40" N., Long. 86°10'10" W., thence mile radius zone, to 11.5 miles north of the

FEDERAL REGISTER, VOL 39, NO. 93-hIONDAY, MAY'13, 1974 PROPOSED RULES 17109 outer marker (latitude 26"18'17.7" N., longi- " In consideration of the foregoing, the In consideration of the foregoing, the tude 97O39'282 W.); within 1.5 miles each FAA, proposes the following airspace FAA proposes the following airspace side of the localizer (latitude 26012"48" H., action. action. longitude 97°39'31" W.) back course 181" T In § 71.181 (39 FR 440) the following In § 71.181 (39 FR 440) the description radial extending from the 5-mile radius zone transition area is added: of the Phoenix, Ariz. transition area is to 5.5 miles south of the localizer and within amended as follows: Add the following 2 miles either side of the Harlingen VOR 118" EL Rico, CALl?. radial extending from the 5-mile radius zone to the description of the 700 foot portion That airspace extending upward from 700 of the transition area to the VOL feet above the surface within a 3-mile radiu3 "that airspace NW of El RIco Airport (latitude 36'02'43"° N. of Phoenix bounded by a line beginning The amendment to the transition area at latitude 33'59'00" N., longitude longitude 119*38'44" W.) and wlthin 3 miles " will provide the necessary controlled air- each side of the Avenal VORTAC 034" radial. 112"38'00 W. to latitude 33'49'00" N., space for aircraft executing the LOC extending from the 3-mile radius area to 24 longitude 112055'00" W, thence counter- (BC) RWY 36L instrument approach miles NE of the VORTAC. clockwise via an arc of a 20-mile radius procedure. circle centered on Luke AFB to latitude This amendment This amendment Is proposed under the " is proposed under the authority of section 307(a) of the Fed- 33'12'00" N, to latitude 33"14'00" N., authority of section 307(a) of the Fed- eral Aviation Act of 1958, longitude 112°45'00" W. to latitude eral AviationAct of 1958 (49 U.S.C. 1348) as amended, 33055"00" N., longitude 112,45'00" W. to and of section (49 U.S.C. 1348(a)), and of section 6(c) 6(c) of the Department of the Department of Transportation Act point of beginning." of Transportation Act (49 U.S.C. 1655 (49 U.S.C. 1655(c)). In the deription of the 1,200 foot por- (c)). tion of the transition area delete longi- Issued in Los Angeles, California, on tude "112"30'00" W." In the first set of Issued In Fort Worth, TX, on May 1, April 29,1974. 1974. coordinates and substitute "112°39'00" ALBERT-H. THURBuRN, RODERT 0. BLANCHAnD, W." therefor. In the last set of coordi- Acting Director,Southwest Region. Acting Director,Western Region. nates delete longitude "11243'00" W." and substitute "112°52'00" W." there- [FR Doc.74-10897 Filed 5-10-74;8:45 am] [FR Doc.74-10898 Filed 5-10-74;8:45 am] for. This amendment is proposed under the [14CFRPart71 ] [ 14 CFR Part71 ] authority of section 307(a) of the Fed- [Airspace Docket No. 74-WE-4] [Airspace Docket No. 74-WE-9] eral Aviation Act of 1958, as amended, (49 U.S.C. 1348(a)), and of section 6(c) TRANSITION AREA TRANSITION AREA of the Department of Transportation Act Proposed Designation Proposed Alteration (49 U.S.C. 1655(c)). The Federal Aviation Administration The Federal Aviation Administration is considering an amendment to Part 71 is considering an amendment to Part 71 Dsued In Los Angeles, California, on of the Federal Aviation Regulations that of the Federal Aviation Regulations that April 29, 1974. would designate a new transition area would alter the description of the Phoe- ROBERT 0. B LAcHm, for El Rico Airport, Corcoran, California. nix, Arizona transition area. Acting Director,Western Region. Interested persons may participate in Interested persons may participate in [RFn Doc.74-10839 Piled 5-10-74;8:45 am the proposed rule making by submitting the proposed rule making by submitting such written data, views, or arguments such whiten data, views, or arguments as they may desire. Communications as they may desire. Communications [14CFRPart7l] should be submitted in triplicate to the should be submitted in triplicate to the [Airspace Docket No. 74-a-20] Chief, Airspace and Procedures Branch, Citef, Airspace and Procmdures Branch, Federal- Aviation Administration, 15000 Federal Aviation Administration, 15000 TRANSITION AREA S.Aviation Boulevard, Lawndale, Califor- S. Aviation Boulevard, Lawndole, Cali- Proposed Alteration nia 90261. All communications received fornia 90261. All communications re- on or before June 12, 1974 will be conceived on or before June 12, 1974 will Correction sidered before action is taken on the be considered before action Is taken on In PR Doc. 74-10414 appearing in the proposed amendment. No public hearing the proposed amendment. No public Lssue of May 7, 1974, make the following is contemplated at this time, but ar- hearing is contemplated at this time, but correction. rangements for informal conferences arrangements for informal conferences On page 16156 In the 2d column, 23d with Federal Aviation Administration with Federal Aviation Administration line, the 4th entry should read "2250". officials may be made by contacting the officials may be made by contacting the Regional Air Traffic Division Chief. Any Regional Air Traffic Division Chief. Any ENVIRONMENTAL PROTECTION data, views, or arguments presented dur- data, views, or arguments presented dur- AGENCY ing such conferences must also be sub- ing such conferences must also be submitted In writing-in accordance with this mitted In writing In accordance with this [4oCFRPart52] notice in order to notice in order to become part of the become part of the PUERTO RICO record for consideration. The proposal record for consideration. The proposal contained in this notice may be changed contained in this notice may be changed Implementation Plans; Approval of in the light of comments received. in the light of comments received. Compliance Schedules A public docket will be available for A public docket will be available for On May 31, 1972 (37 FR 10482), pur- examination by interested persons in the examination by interested persons in the suant to Section 110 of the Clean Air office of the Regional Counsel, Federal office of the Regional Counsel, Federal Act and 40 CFR Part 51, the Administra- Aviation Administration, 15000 S. Avia- Aviation Administration. 15000 S. tion Boulevard, Lawndale, California Avia- tor of the Environmental Protection 90261. tion Boulevard, Lawndale, California Agency approved the implementation A new special instrument approach 90261. plan submitted by the Commonwealth of procedure (VOR/DME-A) has been de- The United States Air Force has re- Puerto Rico for attainment and main- veloped for El Rico Airport (Pvt), Calif. quested additional portions of 700 foot tenance of national ambient air quality The procedure turn and final approach and 1,200 foot transition area. This air- standards. On April 5, April 9, April 17 course are developed on the Avenal, Calif. space is required to provide additional VORTAC 034' T (018 ° M) -radial. The and September 10, 1973, proposed re- proposed 700 foot transition area is re- controlled airspace wherein air tralic visions to the approved plan were sub- quired to provide airspac protection for service may be provided to aircraft from mitted by Puerto Rico in the form of aircraft utilizing the new appoach pro- Luke AFB performing instrument flight compliance schedules covering sources cedure. rule training. located in the Commonwealth. Set forth

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17110 PROPOSED RULES below are proposed regulations for ap- available for public inspection at the It Is proposed to amend Part 52 of proval of forty-seven of these compliance offices of the Environmental Protection Chapter I, Title 40 of the Code of Fed- schedules. Agency, Region 11, 26 Federal Plaza, New eral Regulations as follows: These compliance schedules were York, New York 10007, and the Puerto adopted by Puerto Rico after notice and Rico Environmental Quality Board, 1550 Subpart BBB-Puerto Rico public hearings in conformity with the Ponce de Leon Avenue, Santur'e, Puerto 1. Section 52.2720 is amended by add- requirements of 40 CER 51.4 and 51.6, Rico 00910. Interested persons may ing as certified by supporting documents participate in this rule making by sub- a new paragraph (c) as follows" submitted by the Puerto Rico Environ- mitting written comments in triplicate § 52.2720 Identification of plan. mental Quality Board. The Administra- to Stephen Dvorkln, Attorney, Enforce- a * a • tor determined that these schedules ment and Regional Counsel Division, in could not be approved as originally sub- care of the Region II Office at the above (c) Supplemental Information wa mitted by the Commonwealth, and re- address. All comments submitted no later submitted by the Commonwealth of quested that additional information be than thirty days after the date of pub- Puerto Rico Environmental Quality supplied relating to the procedures em- lication of this proposal will- be con- Board on April 5, April 9, April 17, May ployed In adoption of these schedules by sidered. Receipt of comments will be 30, June 18 and September 10, 1973, and the Commonwealth, and to the enforce- acknowledged but substantive re- on February 1 and February 12, 1974. ability of their terms. This information sponses will not be provided. All com- was received by EPA on February 1 and 2. A new § 52.2724 is added as follows: February, 12, 1974. The Administrator ments received, as well as copies of the thereupon found these schedules to be Puerto Rico implementation plan, will be § 52.2724 Complince schedulc, annroval.le as consistent with the re- available for-inspection during normal (a) The compliance schedules for the quirements of the Clean Air Act, 40 CFR business hours at the Regional Office. sources identified below aie approved as Part 51, and Puerto Rico's approved con- (42 U.S.C. 1857c-5) trol strategies. The Administrator there- meeting the requirements of § 51.15 of fore proposes to approve these schedules Dated: May 3, 1974. this chapter. All regulations cited are air in the form of the regulation'set out JOHN QUARLES, pollution control regulations of the Com- below. Acting Administrator. monwealth, unless otherwise noted. The date Indicated for final compl- Po.ro ance in forty-six of these schedules will have passed by the time of their final Source Location legulatons Date of Eiffeclve date Final corn- approval. 'his fact is attributable to involved adoption plianco dato delays occasioned by the necessity of ministering to infirmities existing at the . Hormigonera Oriental, In-.....- Fajardo -...... 5.2,5.5 ------Apr. 4,1973 Immediately.. Apr. 10,1973 time of their Initial submission. The Ad- 2. Hormigonera Metropolitana, Caguas -...... 5.2,5.5 ...... do ------do ------Do. - Inc. ministrator believes approval of these S. Hormigonera, Inc ------do ------5.1,5.2, 5.5 .... Apr. 5,1073 ... do-..... Do. schedules to be nonetheless desirable in 4. Industria Alimenticia ...... Barceloneta .... 5.5,8 ...... d do-. Nov. ", 073 order to make the incremental and final 5. Jocarlrick ------Vega Baja...... 5.2, 5Z ------_do ------do_.. Apr. 2, I073 6. Inabon Aggregates, Inc ------Coto LaureL .... 5.2 ------do ...... -- do ...... Mar. 31,19173 compliance dates contained therein fed- 7. Ponce Asphalt, Inc., Santa Ponce------5.2, 5.5, 6.1------do .....- do .. - Apr. 15,1973 erally enforceable. This is considered ap- Isabela Plant. S. Cantera Diaz, Inc------TruJllloAlto .... 5.2 ------do..... -odo -. uo 1 ,l73 propriate inasmuch as each schedule re- 9. Inabon Asphalt, Inc ------Coto LaureL.. 5.1, 5.2, .1 ------do ..... do ..... Juno 1,173 flects the consensus of EPA and the 10. Betteroads Asphalt Corp. Plant Aguada -...... 5.2,061,5.1 ------do ...... do ...... - May 31,1973 Puerto Rico Environmental 2. Quality 11. Horlnigonera, Inc.Plant6 ----- Bayamon ----- 5.2 ------Apr. 4,1973 .... do ...... MMar. 30.1473 Board as to the abatement actions to be 12. Hormigonem, Inc. Plant 15 ---- Canovanas---- 5.2 ----- Apr. 5,1973 ..... do ...... Apr. to, 71,3 taken, and the date by which compliance 13. Hormlgonera, Inc. Plant7---- Fajardo ------5.2----....----- do ...... do --..... MAr. 270,1,t7.3 14. Hormigonera, nc. Plant 5 Dorado ------5.2 ------. do...... do...... Mar. 31,173 should be achieved. Failure to approve Tempo. these schedules would limit EPA to en- 15. Hormilgonera Oriental, Inc ---- Uumancao .--- 5.2 -...- .. Apr. 4,173- ----do ...... Apr. "0,1(,73 16. Betteroads Asphalt Corp. Plant Arecibo ------5.2,5.4. -...... Apr. 5,973 ----do ...... Dec, 31,1'73 forcement of the state implementation 6. plan, the provisions of which were 17. Empress O'Neill.....------Manati...... 5.2,5.4 ------do---do.- ...... do ...... July Ir,1973 Immediately effective as of the date 18. General Electric Switcbgear .... Vieques ------5.2,4.1 ------Apr. 4,1073 ..... do ...... Mar. 10,1973 of 10. Terrozos Pic, Inc ------Ponce------5.1, 5.2 ------Apr. 5,1973 ..... do ...... Juno 21, 1473 the plan's promulgation. 20. South Caribe Aggregates, Inc ------do-...... 5.1,5.2 ...... - ...... do. Juno 20,1473 21. RbxachBlogk, Santurce-_.....Santurce ...... 5.1,5.5 ...... Apr. 0,1973 Each of these schedules will, when ap- 22. Integrated Industries ------Iayaguez .--- 5.5_. Apr. 8,1073-do..... do ...... Dcc,Aug. 22,1'7.1,14T3 proved, establish a new date by which the 23. Amrex Construction Co., Inc___. Cayey .------5.2_------Apr. 9,1973 ....-do ...... Mar. 15,1471 source involved must comply with the 24 Bioques La Plata------r aa ------5.2, 5.5 ------d..do ..... --.... Apr. 30,14.73 25. Rod.all Muebles------aintJust- -5.2,...... applicable emission limitation provisions 20. South Caribe Aggregates, Inc_.. Juana Die= _- 5.2, 5.5------dodo...... do . Juno 3.,197331 of the federally-approved state imple- 27. Rexach Asphalt Corp Aguadlilla . 5.2 ------do...... do -...... May 15, 173 mentation plan. Thid date is indicated 28. Betteroads Asphalt Corp- Sabana Grando_ 5.2 ...... do ...... :do ...... Dec. 31,1(73 29. Ponco Asphalt ------Ponce------5.2 ------Apr. 8,1573 ----do ...... Apr, 15,1973 in the table below, under the heading 30. Puerto Rico A-gregates ------Carollwa ..... 5.2 ------Apr. 5,1973 -d ...... July 31, 17J 31. Ibec Packing ayaguez -..... 5.5, ------"Final Compliance Date". In no case does 32. Rexa h Concreto ------Corp - Garubo ...... 5.2 ...... - Apr. 8,1973,1973 . dodo ...... MayAuia. 15,l97J1,1973 this compliance date fall beyond the 33. Omark Caribbean, Inc------Bayamon 5.1, 5.5. Apr. 8,1973 . do Nov. 0,1473 34. Best Contracting Corp------Rio Piedras --- 5.2 ...... Apr. 5,1073 ..... do ...... Mar. lz,1473 April 30, 1975 date established in Puerto W3.Betteroads Asphalt Corp ------do - 5.2 ------do...... do ...... 1ov.39,1473 Rico's implementation plan for attain- 36. Hormigoncra, Inc ------do--- - 5.1, 5.2, 5.5 ------do ...... do ...... Dec. 31. 173 37. Agrogados Gumbo, Inc...... - Garubo ------5.1,5.2,5.5 .... Apr. 8,1973 ... do ...... Mar. 1173 ment of primary -ambient air quality 33. Rexach Aggregates Corp..... Caguas - -5.1,5.2,5.5.... Apr. 9,1973 .do ...... F1eb. 2 1,173 39. Quality Conere-Mix, Inc. (Sa- Bayamon .... 5.1, 5.2, 5.5 ...... do...... do...... J 15, .73 standards, nor is relaxation of any bana Seca). emission standard involved. Achievement 40. Rexach Concrete Corp ...... Aguirre ------5.1,5.2,5.5 do...... d o ...... Apt. 1, V173 41. Eli Lilly ------ayaguez ...... 7.3 ...... Apr. 8,73 .. do...... ico. 31,1971 of ambient air quality standards by the 42. Tito Castro Ready Mix ------Ponce ------5.1,5.2,5.5.... July 23,X973 - do..... Aug. 2, 11,73 43. Puerto Rico Concrete Products. Rio Piedra.s... 5.2 ...... July 5,1973 ..... do ...... Aug. 19, 19,73 attainment date will therefore not be 44. Ponce Concrete Products ------Ponce ------.2...... d o ...... do Aug. 31,1)73 jeopardized by approval of these 4.5. Motors and Parts Distributors_. Hate Rey...... 5.5 ------do ...... do ...... July 29, 1973 46. Hormigonem, Inc ------Rio Pledras - 5.1, 5.2,5.5.... Juno 28,1973 :::::do...... Dec. 31, 1973 schedules. 47. Inabon Ready Mix ..------Coto Laurel --- 5.1, 5.2 ------do...... - do...... Apr. 27,1973 Copies of the forty-seven compliance schedules proposed to be approved axe [FR Doc.74-10806 Filed 5-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 PROPOSED RULES 1711 FEDERAL POWER COMMISSION. as a post, camp, or station. It also has (t) 4 It is further P~rovided.,That, been suggested that in the case of re- if, for the purpose of determining a con- [ 18 CFR Part 35 ] duction caused by an Installation closlng, cern's ellgibility for financial assistance [Docket No. EMV4-15] the designated method of computation under a Small Busineas Administration INITIAL AND SUPERSEDING ELECTRIC should also be utilized In determining a program and for the purpose of bidding RATE SCHEDULES concern's size for the purpose of bidding on Government procurement, it is de- on Government procurement as a small termined that (1) a concern's employ- Fixed Rate Contract Provisions- Correction business. ment In Its most recently completed MAY 3,1974. Accordingly, It Is proposed to amend calendar quarter Is at least 25 percent In the Notice of Proposed Rulemaking, Part 121 of Chapter I of Title 13 of the lower than its employment in the cor- issued April 22,1974 and published in the Code of Federal Regulations by: responding quarter in the preceding PF9DERAL REGM April 26, 1974, 39 Fn 1. Adding a new sentence to § 121.3-2 calendar year, (2) such reduction in em- 14730, (b) and inserting a new sentence ployment was primarily due to the clos- Page 14730, Colu.mn three, line 3, immediately following the first sentence Ing of a United States military installa- change "June 6" to read "May 28". of § 121.3-2(f) to read as follows: tion such as a post, camp, or station, and (3) at least 51 percent On page 14730, Column three, line 13 § 121.3-2 Definition of terms used In of Its annual re- change May28,1974 to read June 6,1974. hdis part. ceipts for Its preceding fiscal year were the result of Its business transactions KENNETH F. PLUlsa, with such installation or Its personnel its Secretarj. (b) "Annual Receipts" It bs number of employees for size determina- I D0oc.74-10906 FIled 5-10-74;8:45 am] furtIzer Provided, That, if, for the pur- tion purposes shall be determined by re- pose of receiving financial assistance ducing Its average employment for the under a Small Business Administration SMALL BUSINESS ADMINISTRATION program and for the purpose of bidding preceding four quarters by the determined S 13 CFR Part 121 3 on Government procurement, it Is de- percentile. * SMALL termined that such concern has com- BUSINESS SIZE STANDARDS pleted at least 3 months of Its current Size of Concern Affected by a Military fiscal year, its gross receipts for the com- Interested parties may, on or before Installation Closing pleted months of its current fiscal year May 28,1974 file with the Small Business On March 27,1974, there was published are at least 25 percent lower than Its Administration written statements of in the FEDERAL REGISTER (39 FR 11256) receipts during the corresponding facts, opinions, or arguments concerning an amendment providing a method for months of Its most recently completed the proposaL computing a concern's size status for the fiscal year, the reduction in Its receipts All correspondence shall be addressed purpose of receiving a Small Business was primarily due to; the closing of a to: Administration loan if such concern has United States military installation such suffered a reduction of at least 25 percent as a post, camp, or station, and at least WTiliam L. Pelington 51 percent of Its annual Director, 0.co of Indu-try Studile and Size in annual receipts or employment (de- receipts for Its Sacndard3 pending on the size standard applicable) preceding fiscal year were the result of Small Bualne=3 Adnintstraton due to the shortage of energy or its business transactions with such In- 1441 L Street. NW. materials. stallation or its personnel, Its annual re- Wwahlnton, D.C. 20416 It has been suggested that a com- ceipts for size determination purposes Dated: May2, 1974. parable method of computation should shall be computed by reducing Its annual be established to cover situations in (All Ctalogue of Federal Domestic Asit- which a concern has suffered such a re- receipts for its most recently completed anco Program Numbers) duction in annual receipts or employ- fiscal year (or Its average annual receipts ment and such reduction is determined for Its preceding 3 fiscal years) by the TAoXAS S. HLEPZ Admintrator. to have been caused by the closing of a determined percentile. United States military installation such 0 0 0 0 0 1-M'Dc.7-1O038 Iled 5-10-74:8:45 aml

FEERA REGISTEP, VOL 39, NO. 93-MONDAY, MAY 13, 1974 No. 93-Pt. I---4 17112 notices

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

L RI

DEPARTMENT OF STATE DEPARTMENT OF DEFENSE This pipeline will convey natural gra [Public Notice 420] 'Office of the Secretary across .667 miles of national resource land in San Juan County, New Mexico, DENMARK DEFENSE INTELLIGENCE AGENCY The purpose of this notice Is to allow SCIENTIFIC ADVISORY COMMITTEE Validity of Passports the public an opportunity to comment Notice of Closed Meeting upon the filing of the above right-of- Denmark is added to the list of coun- way application. tries which have entered into agreements Pursuant to the- provisions of section 10 of Public Law 92-463, effective Janu- Interested persons desiring to express with the Government of the United their views should promptly send their States whereby their passports are recog- ary 5, 1973, notice is hereby given that a closed meeting of the DIA Scientific Ad- name and address to the District Man- nized as valid for the return of the bearer ager, Bureau of Land Management, 3560 to the country of the foreign-issuing au- visory Committee will be held at the Pentagon, Washington, D.C. on: Friday, Pan American Freeway, NE., Albu- thority for a period of at least six querque, NM 87107. months beyond the expiration date May 31, 1974. specified in the passport. The meeting commencing at 9 a.m. will FRED E. PADILLA, This notice amends Public Notice 375 be to discuss classified matters. Chief, Branch o1 Lands of January 10, 1973 (38 and Minerals Operations. FR 1224). MAUICE W. RocHE, Dated: April 30, 1974. Director,Correspondence and [FR Doc.74-10941 piled 5-10-74,8:45 am] [SEAL] BARBARA M. WATSON, Directives, OASD (Comptroller). Administrator, Bureau of Se- MAY 8, 1974. [New Mexico 20532] curity and Consular Affairs, [FR Doc.74-10964 Piled 5-10-74;8:45 Department of State. am] NEW MEXICO Notice of Application [PFR Doc.74-10940 Filed 5-10-74;8:45 am] DEPARTMENT OF THE INTERIOR MA-r 3, 1974. DEPARTMENT OF THE TREASURY Bureau of Indian Affairs Notice is hereby given that, pursuant .ABERDEEN AREA OFFICE; ABERDEEN, to Section 28 of the Mineral Leasing Act Comptroller of the Currency SOUTH DAKOTA of 1920 (30 U.S.C. 185), as amended by the Act of November 16, 1973 (87 COMPTROLLER OF THE CURRENCY'S RE- Change of Address • Stat. GIONAL ADVISORY COMMITTEE ON 576), El Paso Natural Gas Company has BANKING POLICIES AND PRACTICES OF MAy 3, 1974. - applied for a 4 / inch natural gas pipe- THE SECOND NATIONAL BANK REGION This notice is published in the exer- line right-of-way across the following Notice of Closed Meeting cise of authority delegated by the Secre- land: tary of the Interior to the Cofrnissioner NEw MEXICO PrINOIPAL MrIMDIAZ, NEA0 Pursuant to section 10(a) (2) of the of Indian Affairs by 230 DM 2 (32 FR MEXIco Federal Advisory Committee Act (Public 13938). T. 22 S., R. 34 E., Law 92-463), notice is hereby given that Notice is hereby given that the address Sec. 15, NEA1/SW1, WlSE%/, ss . a closed meeting of the Comptroller of of the Aberdeen the Currency's Regional Advisory Com- Area Office of the Bu- This pipeline will convey natural gas mittee on Banking Policies and Practices reau of Indian Affairs will be changed across .620 mile of national resource land of the Second National from 820 South Main Street to 115 4th in Lea County, New Mexico. Bank Region will Avenue SE., Aberdeen, South be held at Scaview Country Club, Ab- Dakota The purpose of this notice Is to allow secon, New Jersey, on May 17-18, 1974, 57401. This change will be effective on the public an opportunity to comment at 8:30 a.m. April 22, 1974. upon the filing of the above right-of-way The purpose of this meeting is to assist LAFoLLETTE BUTLER, application. the Regional Administrator and Comp- Acting Deputy Commissioner Interested persons desiring to expres : troller of the Currency in a continuing of Indian Affairs. their views should promptly send their review of bank regulations and policies. [FR Doc.74-10966 Piled 5-10-74;8:45 am] name and address to the District Man- The meeting will also apprise agency offi- ager, Bureau of Land Management, P.O. cials of current conditions and problems Box 1397, Roswell, NIT 88201. banks are experiencing in the Second Bureau of Land Management FRED El. PADILLA, National Bank Region. [New Mexico 20273] Chief, Brandh of Lands It is hereby determined pursuant to and Minerals Operations. section 10(d) of Public Law 92-463 that NEW MEXICO [FR Doc.74-10942 Filed 5-10-74,8:45 am] the meeting is concerned with matters Notice of Application listed in section 552(b) of Title 5 of the MAY 2, 1974. United States Code and particularly with [New Mexico 20117, NM 20260] exceptions (3), (4) and (8) thereof, and Notice is hereby given that, pursuant is therefore exempt from the provisions to Section 28 of the Mineral Leasing Act NEW MEXICO of section 10 (a) (1) and (a) (3) of the of 1920 (30 U.S.C. 185), as amended by Notice of Applications Act (Public Law 92-463) relating to open the Act of November 16, 1973 (87 Stat. MAY 2, 1974, meetings and public participation there- 576), Southern Union Gas Company has in. Notice is hereby given that, pursuant applied for a 4-inch natural gas pipeline to Section 28 of the Mineral Leasing Act Dated: May 8, 1974. right-of-way across the following land: of 1920 (30 U.S.C. 185), as amended by [SEAL) JAmES E. Smr, NEW M xIco PRINCIPAL METUDAN, NEW UMCxIOthe Act of November 16, 1973 (87 Stat. Comptrollerof the Currency. T. 31 N., R. 12 W., Sec. 26, SEy4NWV, NE/ 8W/ , N/8E/ , 576), El Paso Natural Gas Company has [FR Doo.74-10986 Piled 5-10-74;8:45 am] 4 4 4 SEY4 SE 4 . applied for two 6% -inch natural gas FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES NC17113 pipeline rights-of-way across the follow- ment of selected control structures; the Office of the Secretary ing lands: flumes with earth embankment: replace- [114T FES -211 NEW 1M=0c P=MPCAL ATERDAZ NEW replacement and betterment of 170 miles MExco of distribution laterals with compacted AUTHORIZED INITIAL STAGE OF T. 25 . R. 11 W., earth lining or pipe: and cooperative ac- GARRISON DIVERSION UNIT, N. DAK. Sec. 8, NW,4NWV. S NW , NSW%A, quisition and development of two wild- Availability of Supplement to the Final SESWK; life management areas to be utilized as Environmental Statement Sec. 17. WY NE%. 2 flood water storage areas. The construc- Pursuant to section 102(2) (C) of the T. 32 N, R. 12 W, tion of the dam is tentatively scheduled Sec. 17, lot 8. National Environmental Policy Act of to begin in 1975 with completion antici- 1969, the Department of the Interior has These rights-of-way will convey nat- pated In 1977. Construction of the lateral prepared a supplement to the final en- -uralgas across 1.377 miles of national re- improvement program is scheduled to be vironmental statement for the author- source lands in San Juan County, New performed with district funds within 10 Ized initial stage Of the Garrison Diver- Mexico. years after the loan project is completed. sion Unit, North Dakota. The purpose of this notice is to allow The dam, reservoir, and pump station The environmental statement ad- the public an opportunity to comment are located In Gosper County, and are dresses comments raised by the Bureau upon the filing of the above two right-of about 3 miles north of Elwood, Nebraska, of Sport Fisheries and Wildlife in their way applications. and approximately 1 mile west of U.S. review of the final statement. Interested persons desiring to express Highway No. 283. Copies are available for inspection at their views should promptly send their The environmental Impact statement the following locations: name and address to the District Man- describes the E-65 Improvement Project ager, Bureau of Land Management, OMco of Communlcatlon", Room 7220. De- 3550 and its purposes and functions and eval- partment of the Interior, Washington, D.C. Pan American Freeway, NE, Albuquer- nates the project's impact upon the 20240, Telephone (202) 343-9247. que, NM 87107. physical, biological, social and aesthetic Ofco of A.l-tant to the Commlzaloner- FRE E. PADILLA, aspects of the environment. The state- Ecology, Room 7622, Bureau of Reclama- ment discusses the actions taken by the tion, Department of the Interior, Wash- Chief, Branch of Lands ington, 343- and Minerals Operation. project to minimize or mitigate adverse D.C. 20240, Telephone (202) project impacts and describes actions 493L [R Doc.74-10943 Flied 5-1o-74;8:45 aml taken to provide DIviIon of Enrineering Support Technical enhancement of proj- Services Branch, F&R Center, Denver Fed- ect effects, particularly in the area of cral Center. Danvcr, Colorado 80225, Tele- Bureau of Reclamation fish and wildlife. phone (303) 234-3007. CENTRAL NEBRASKA ?UBLIC POWER Public hearings will be held In the Office of the Reaional Director, Bureau of City Hall in Bertrand, Nebraska, at 9:45 Reclamation, P.O. Box 2553, BlIngs, 21on- AND IRRIGATION DISTRICT am. on June 12, 1974, to receive views tana 59103, Telephone (406) 245-6711. Notice of Public Hearing ML.zouri-Sourls Project Office. Bureau of on Draft and comments from Interested organiza- Reclamation. P.O. Box 1017, Bsmarcl, Environmental Statement tions and individuals relating to the draft North Dalota 5S301, Telephone (701) 255- Pursuant to section 102(2) (C) of the environmental impact statement. Oral 4011. National statements at the hearing will be limited Environmental Policy Act of Single copies of the final environmental 1969, the Department of the Interior has to a period of 10 minutes. Speakers will not trade their time to obtain a longer statement maybe obtained on request to prepared a draft environmental state- the Commissioner ment for the Central Nebraska Public oral presentation; however, the person of Reclamation or the authorized to conduct the hearing may -Reaional Director. Please refer to the Power and Irrigation District Project lo- statement number above. cated in Gosper-County in south-central allow any speaker to provide additional Nebraska. The statement (INT DES 74- oral comment after all persons wishing Dated: M-lay 3,1974., 44, to comment have been heard. Speakers dated April 23, 1974) was made avail- RoYsTor C. HUGHES, able to the public on April 29, 1974. will be scheduled according to the time preference, Assistant Secretaryof the Interior. The proposed project involves if any, mentioned in their con- -letter or telephone request. Any sched- [IFR Doz.74-10244 Piled 5-10-74.8:45 am] struction of additional facilities for the uled speaker not present when called existing E-65 Irrigation System by the will Central lose his privilege in the scheduled order [InT Nebraska Public Power and Irri- and his name will be recalled after DzS 74-5i gation District, hereafter referred to as the the Central scheduled speakers have finished. Re- PROPOSED CHARLES SHELDON District, with headquarters quests fbr scheduled presentation will be WILDERNESS AREA, NEVADA at Holdrege, Nebraska. The district has accepted up to 4 pm., June 7. 1974, and Availability of Draft Environmental submitted an application for a loan for any subsequent requests irrigation system improvements and a will be handled Statement grant for fish and on a first-come-first-served basts follow- wildlife enhancement Ing the scheduled presentation. Pursuant to section 102(2) (C) of the under the Small Reclamation Projects National Environmental Policy Act of Act, Public Law 84-984. The Central Ne- Organizations or Individuals desiring 1969, Public Law 91-190, the Department braska Public Power and Irrigation Dis- to present statements at the hearing of the Interior has prepared a draft en- trict is a public corporation formed and should contact Regional Director James AT. Ingles, Bureau of Reclamation, Build- vironmental statement for the Proposed chartered on July 24, 1933, under the Charles Sheldon Wilderness Area, Ne- laws of the State of Nebraska. That ing 20, Denver Federal Center, Denver, statute has been revised and amended Cdlorado, 80225, telephone (303) 234- vada, and invites written comments and is presently defined in Section 70-. 4441, and announce their intention to within 45 days of this notice. 601, R.R.S. Nebraska, 1943. It is within participate. Written comments from The proposal recommends that 277,200 that statute that the Central Nebraska those unable to attend and from thoe acres of high desert habitat on the wishing to supplement their oral presen- Public Power and Irrigation District is Charles Sheldon Antelope Range and tation at the hearing should be received the duly organized and operates. Sheldon National Antelope Refuge in The principal features (Exhibit by June 21, 1974, for Inclusion in the B) in- Humboldt and 'Iashoe Counties, Nevada. cluded in the hearing record. proposed 7-65 System are: be designated a part of the Nationai the Elwood Dam, two saddle dams, reser- Dated: May 7, 1974. voir, and pump station; inlet-outlet Wilderness Preservation System. canal; the enlargement of 26.6 miles of 13. P. SuL17AIT, Copies of the draft statement are avail- canal; the enlargement of three inverted Acting Commissioner of Reclamation. able for inspection at the following siphons; the replacement of five metal [FR Doc.74-10890 Filed 5-10-74;8:45 am] locations:

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 17114 NOTICES Bureau of Sport Fisheries and Wildlife Northern Forest Communities for the In- DEPARTMENT OF COMMERCE 1600 Plaza Building stitute of Forest Genetics, USDA-FS- 1500 N.E. Irving Street NCFES-FES-(Adm) -73-28. National Oceanic and Atmospheric P.O. Box 3737 Administration Portland, Oregon 97208 The environmental statement concerns the implementation of research on the HOMOSASSA SPRINGS, INC. Headquarters Charles Sheldon Antelope Range Radiobiology of Northern Forest Com- Issuance of Permit for Marine Mammals Box 111 munities. Research is being conducted in Lakeview, Oregon 97630 a 1,440-acre forest, a 6 -acre culti- On December 27, 1973, notice was published in the FEDERAL REGISTER (38 MR Bureau of Sport Fisheries and Wildlife vated gamma radiation field, and in the Office of Environmental Coordination laboratory at the Institute of Forest 35340), that an application had been filed Department of the Interior Genetics near Rhinelander, Wisconsin, with the National Marine Fisheries Serv- Room 2246 in Oneida County. ice by Homosassa Springs, Incorporated, 18th and "C" Streets, NW. This final environmental statement P.O. Box 8, Homosassa Springs, Florida Washington, D.C. 20240 was filed with CEQ on May 3, 1974. 32647, for a permit to take two male and Single copies may be obtained by A limited number of sipgle copies are four female California sea lions (Zalo- writing the Chief, Office of Environmen- phus californianus) for the purpose of available upon request to Director, North public display. tal Coordination, Bureau of Sport Fish- Central Forest Experiment Station, Fol- Notice is hereby given that, on May 3, eries and Wildlife, Department of the well Avenue, St. Paul, Minnesota 55101. Interior, Washington, D.C. 20240. Com- 1974, and as authorized by the provi- Copies of the environmental statement sions of the Marine Mammal Protection ments concerning the proposed action have been sent to various Federal, State, should also be addressed to the Chief, Act of 1972 (16 U.S.C. 1361-1407), the and local agencies as outlined in the CEQ National Marine Fisheries Szrvice issued Office of Environmental Coordination. Guidelines.' a Permit to Homosassa Springs, Incorpo- Please refer to the statement number JoN H. OHIIAN, above. rated, subject to certain conditions set Director, North Central Forest forth therein. The Permit Is available for Dated: May 7, 1974. Experiment Station. review by interested persons in the Of- ROYSTON C. HUGHES, [FR Doc.74-10970 Filed 5-10-74;8:45 am] fice of the Director, National Marine Assistant Secretaryo1 the Interior. Fisheries Servlce, Washington, D.C. [FR Doc. 74-10969 Filed 5-10-74;8:45 am] Office of the Secretary 20235, and the offices of the Regional FLUE-CURED TOBACCO ADVISORY Director, National Marine Fisheries Serv- DEPARTMENT OF AGRICULTURE COMMITTEE i~e, Southeast Region, Duval Building, Farmers Home Administration Notice of Determination 9450 Gandy Boulevard, St. Petersburg, [FInHA Instruction 449.2] Pursuant to section 9(a) (2) of the Florida 33702, and the Regional Director, Federal Advisory Committee Act (Public National Marine Fisheries Service, INSURED BUSINESS AND INDUSTRIAL LOANS Law 92-463), and after consultation with Southwest Region, 300 South Ferry the Office of Management and Budget, Street, Terminal Island, California 90731. Interest Rates the Secretary of Agriculture has deter- Dated: May 3, 1974, Notice is hereby given by the Farmers mined that is is in the public interest Home Administration that the current to establish a Flue-Cured Tobacco Ad- JOSEPH W, SLAVIN, rate of interest for insured business and visory Committee. Acting Director, ndustrial loans, established pursuant to The purpose of this committee will be National.MarineFisheries Service. 7 CFR 1842.61(b) is as follows: to assist the Secretary in making appor- [FR Doo.74-10945 Filed 5-10-74;8:45 am] a. Insured loans to private entrepre- tionment and assignment of inspectors neurs will be at the rate of ten percent and to advise and recommend to the Sec- (10 percent). This rate will remain in retary marketing area opening dates and SEA WORLD, INC. effect until a change is published in the selling schedules for the flue-cured to- Issuance of Permit for Marine Mammals FEDERAL REGISTER. bacco to be sold in each marketing area b. The rate for guaranteed loans is as and each warehouse. On February 4, 1974, notice was pub- agreed upon between the borrower and . Any comments on the determination lished in the FEDERAL REGISTER (39 FR 4498), that an application hak been filed lender. to establish this committee may be di- with the National Marine Fisheries Serv- rected to J. W. York, Director, Tobacco Effective date. This notice shall be ef- ice by Sea World, Incorporated, San fective on May 13, 1974. Division, Agricultural Marketing Service, U.S. Department of Agriculture, Wash- Diego, California 92109, to take four (4) Dated: May 3, 1974. ington, D.C. 20250, not later than May 28, killer whales (Orcinus orca) for the pur- FRaiM B. ELLIOTT, 1974. All written submissions made purpose of public display at Sea World of Administrator, suant to this notice shall be made avail- Florida. Farmers Home Administration. able for public inspection at the Office Notice is hereby given that, on May 7, of the Director, Tobacco Division, AMS, [FR Doc.4-74-10952 Filed 5-10-74;8:45 am] Room 501 Annex Bldg., 12th and C 1974, and as authorized by the provisions Streets SW., Washington, D.C., during of the Marine Mammal Protection Act of regular business hours. (7 CFR 1.27(b).) 1972 (16 U.S.C. 1361-1407), the National Forest Service Dated: May 8, 1974. Marine Fisheries Service issued a Permit RADIOBIOLOGY OF NORTHERN FOREST to Sea World, Incorporated, subject to COMMUNITIES JOSEPH R. WRIGHT, Jr., Assistant Secretary certain conditions set forth therein. The Availability of Final Environmental Permit is available for review by inter- Statement for Administration. [FR Doc.74-10951 Filed 5-10-74;8:45 am] ested persons in the Office of the Direc- Pursuant to section 192(2) (C) of the tor, National Marine Fisheries Serviceb National Environmental Policy Act of 1969, the Forest Service, Department of A copy of the environmental statement Is Washington, D.C. 20235, and the office of Agriculture, has prepared a final envi- filed with the Office of Federal Register as the Regional Director, National Marine ronmental statement on Radiobiology of part of the original document. Fisheries Service, Northwest Region, 1700

FEDERAL REGISTER, VOL 39,.NO. 93-MONDAY, MAY 13, 1974 NOTICES 1 M5

West Lake Avenue, North, Seattle, Wash- land 20852, telephone: Area Code 301/ (20 U.S.C. 1101-1107a) ington 98109. 443-3600. Dated: My 7, 1974. Dated: May 7, 1974. Dated: April 25, 1974. (Catalog of Federal Domestic Asistance ROBERT W. SCHONMNG, RooE 0. Emamno, Number 13.43 Teacher Corps--Operations Director, Interim Administrator,Alcohol, and Training) Drug Abuse, and Jomn OTTnTA, NationalMarine FisheriesService. Mental U.S. Commissioner of Education. [FR Doc.74-10946 Filed 5-10-74;8:45 am] Health Administration. [FR Doc.74-10972 Filed 5-10-74:8:45 am] [F& Doc.74-10892 FIled 5-10-74;8:45 aml DEPARTMENT OF HEALTH, DEPARTMENT OF HOUSING AND EDUCATION, AND WELFARE Office of Educattlon URBAN DEVELOPMENT Alcohol, Drug Abuse, and Mental Health TEACHER CORPS CONTINUATION [IDclwot No. D-74-2761 Administration INSERVICE PROJECTS ASSISTANT SECRETARY FOR POLICY NATIONAL ADVISORY MENTAL HEALTH Closing Date for Receipt of Applications DEVELOPMENT AND RESEARCH COUNCIL Notice is hereby given that pursuant Designation and Delegation of Authority Notice of Meeting to the authority contained in Part B-i The Interim Administrator, Alcohol, pf the Education Professions Develop- Michael X. Moskow, the Assistant Sec- Drug Abuse, and Mental Health Admin- ment Act of 1965, as amended (79 Stat. retary for Pollcy Development and Re- istration, announces the meeting dates 1255-1258 as amended (20 U.S.C. 1101- search, is designated as the Secretary's and other required information for the 1107(a))), applications are being ac- liaison with the Federal National Mort- following National Advisory Body sched- cepted jointly from institutions of higher gage Association and is authorized to ex- uled to assemble the month of June 1974: education and local educational agencle ercise the regulatory power and authority for continuing the second year of the conferred on the Secretary by section 309h) and other provisions of the Na- Committee Type ofmeeting inservice project grant. name Datcltimef'place and/or contact Applications must be received by the tional Housing Act with respect to all person U.S. Office of Education Application Con- matters regarding the Association. The trol Center on or before June 14, 1974. authority conferred by this delegation National 'Sune 10-12, no 10-open. may not be redelegated. Advisory 9:30 nm., 11-1?-cloa3d.2une A. Applications sent by mall. An ap- Mental confereneo Contact Mr plication sent by mail should be ad- (Sea. 7(d) of the Department of HUD Act, Health room 14-105, Zella Dligs, Park- dressed as follows: U.S. Office of Educa- 42 U.S.C. 3535(d); Title 11I of the National Council Parkiawn lawn Bldg., room HousingAct. 12 U.S.C. 1716, et seq.) Bldg.. Rock- 9C-0, UM Fishcrs tion, Application Control Center, 400 ville, Md. Lane. Rockvlle, Maryland Avenue, S.W., Washington, Md. 20S52, are Effective date. This designation and code 301-4 -Il3. D.C. 20202, Attention: 13.489. An appli- delegation Is effective on May 13,1974. cation sent by mail will be considered JALES T. Lw, Purpose. Reviews applications for to be received on time by the Application Control Center if: Secretary of Housing grants-in-aid relating to research, train- and Urban Development. ing and. instructions in the field of psy- (1) The application was sent by regis- [FR Doc.74-10331 Piled 5-15-74;8:45 am] chiatric disorders,, and makes recom- tered or certified mall not later than the mendations to the Secretary, Depart- fifth calendar day prior to the losing ment of Health, Education, and Welfare, date (or if such fifth calendar day is a DEPARTMENT OF with respect to approval of applications Saturday, Sunday, or Federal holiday, TRANSPORTATION for, and the amounts of, these grants. not later than the next following busi- Advises on matters of program planning ness day (as evidenced by the U.S. Postal Federal Railroad Administration * and evaluation relevant to mental health Service postmark on the wrapper or en- IFRA Waiver Petition HS-74-21 programs. velope, or on the original receipt from PORT TERMINAL RAILROAD OF Agenda. June 10 will be devoted to the U.S. Postal Service; or SOUTH CAROLINA (2) The application is received on or discussion of NIMH policy issues. These Petition for Exemption will include current administrative, leg- before the closing date by either the islative, and program developments. On Department of Health, Education, and The Port Terminal Railroad of South June 11-12, the Council will conduct a Welfare, or the. U.S. Office of Education Carolina, Charleston, South Carolina, final review of grant applications for mail rooms in Washington, D.C. (In es- has petitioned the Federal Railroad Ad- Federal assistance and this session will tablishing the date of receipt, the Com- ministration pursuant to 45 U.S.C. 64a missioner not be o'pen to the public, will rely on the time-date (e) for an exemption, with respect to in accordance stamp of such mail rooms or other docu- certain employees, from the Hours of with the determination by the Interim mentary evidence of receipt maintained Service Act, 45 U.S.C. sees. 61, 62, 63 Administrator, Alcohol, Drug Abuse, and by the Department of Health, Education, and 64. Mental Health Administration, pursuant and Welfare, or the U.S. Office of Interested persons are invited to par- to the provisions of Public Law 92-463, Education.) ticlpate in this proceeding by submitting section 10(d). B. Hand delivered applications.An ap- written data, views, or comments. Com- plication to be hand delivered must be munications should be submitted in trip- Agenda items are subject to change delivered to the U.S. OffIce of Education licate to the Docket Clerk, Office of Chief as priorities dictate. Application Control Center, Room 5673, Counsel, Federal Railroad Administra- Substantive information may be ob- Regional Office Building Three, 7th and tion, Attention: FRA Waiver Petition No. tained from the contact 'person listed D Streets SW., Washington, D.C. Hand HS--74-2, Room 5101, 400 Seventh Street, above. delivered applications will not be ac- SW., Washington, D.C. 20590. Communi- The NINIH Information Officer who cepted by the Application Control Center cations received before June 15,1974, will will furnish summaries of the meetings after 4 pm. Washington, D.C. time, on be considered before final action is taken and rosters of the committee members the closing date. on this petition. All comments received is Mr. Edwin Long, Deputy Director, Di. C. Program information and forms. will be available for examination by in- vision" of Scientific and Technical In- Information and application forms may terested persons during business hours formation, National Institute of Mental be obtained from the Teacher Corps, Of- in Room 5101, Nassif Building, 400 Health, Room 15-105, Parklawn Build- flee of the Commissioner, Office of Edu- Seventh Street, SW. Washington, D.C. ing, 5600 Fishers Lane, Rockville, Mary- cation, Washington, D.C. 20202. 20590.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES

Issued In Wasfington, D.C. on May 7, in the Agreement We will afford inter- common purpose," advance booking," In- 1974. ested parties a period of 15 days from clusive tour,' and split charter" trips, DONALD W. BENNETT, the date of service of this order in which and that U.S.-originating charters with Chief Counsel, to file comments on our tentative action. "small" aircraft shall meet certain con- Federal Railroad Administration. If no comments objecting to our tentative ditions for charterworthiness' 1 [FR Doc.74-10947 Piled 5-10-74;8:45 am] actions are received within this period While the types of charters which the this order will become effective as the Board has thus far seen fit to authorize final order of the Board. are set forth in our various regulations, CIVIL AERONAUTICS BOARD The Agreement provides In pertinent they do not represent the maximum use [Docket No. 26679; Order'74-5-37] part that neither Canada nor the U.S. by the Board of Its authority with re- CERTAIN AIR CARRIERS AND may impose any requirement that prior' spect to charter operations. As we have CANADIAN AIR CARRIERS approval be obtained for any individual repeatedly stated, our authority to ac- flight or series of flights enplaned in the cept charters Is limited only by the statu- Order Regarding Trips Between the other's country by a designated carrier tory mandate to distinguish charter United States and Canada of such other party. Part 212 of the services from individually ticketed serv- Adopted by the Civil Aeronautics Board's Economic Regulations presently ices. Thus, the mere fact that the charter Board at its office in Washington, D.C., requires prior approval of "off-route" regulations of a particular foreign coun- on the 8th day of May 1974. * charter trips and certain ITC flights by try contain different restrictions than On May 8, 1974 the United States and Canadian air carriers whose permits re- our own does not preclude us from per- Canada executed a Nonscheduled Air quire compliance with that Part. We mitting that foreign country's rules to Service Agreement (hereinafter referred have decided to waive section 212.4(a) apply to certain operations within our to as the Agreement) governing non- with respect to all charters by Canadian jurisdiction, so long as we find that the scheduled air services between their re- carriers between the United States and foreign rules serve to distinGuish char- spective territories. Charter flights be- Canada. While the Board retains its ter service from Individually ticketed tween the United States and Canada by right under the Agreement to require service. Accordingly, we may permit the specifically designated scheduled air car- prior approval of United States-origi- Canadian charter rules, as summarized riers, supplemental air carriers, and air nating charter trips, in order to foster hereinabove, to apply to air transporta- taxi operators of the United States, as greater freedom of charter service within tion to the extent necessary to Imple- well as by specifically designated Cana- the spirit of-the Agreement we have de- ment the subject Agreemenat, since wo dian trunk, regional, charter, and small cided to extend such blanket waiver of tentatively find that those rules, while section 212.4(a) to United States-orig- aircraft operators will henceforth be they differ somewhat from our own, suf- governed by this Agreement as well as by inating charters of Canadian carriers, as licenses and permits issued by the air well ficiently distinguish between charter air transport authorities of each Govern- The Agreement also provides generally transportation and individually ticketed ment and by their applicable regulations. that the regulations of the party in air transportation, and the waiving of In order to facilitate the movement of whose territory the enplanement occurs our regulations to permit application of traffic under the Agreement and to maxi- shall govern. In this connection, It pro- mize the efficiency of the regulatory vides that Canadian-originating charter 'The pro rata common purpose group char- flights with both "large" and "small" air- ter Is quite similar in concept and structuro processes involved, the Governments of craft' shall be operated pursuant to to the Board's pro rata prior affinity and Canada and the United States further Canadian Transport Commission Air study group charter, except that the criterion agreed, by a supplemental exchange of Carrier Regulations governing single en- of sole purpose being to geCt to and from a diplomatic tity passenger or property' pro rata single event of a dItInctivo and spccial notes, to interim and transi- character Is .ubstltutod for rpsclfl prior tional arrangements to be applied to im- 1Waiver 'of the charterworthiness require- afllnity requirements where a programmed plement the Agreement to the fullest educltlonal group Is not involved, ,11Chti extent possible pending the issuance of ments of Parts 207, 208, 212, and 214 is obvi- must be applied for at least 90 days in ad- ously necessary to implement the Agreement. vance. There may be no public rolicitation. new or amended licenses or permits con- To the extent that these parts incorporate The carrier msy pay no commision to the forming to the terms of the Agreement. the prQvisions of the Board's various Special charterer and a maximum of five percent to Each of the Board's charter regula- Regulations (Parts 372, 372a, 373, nd 378), any agents of the charterer. This typo of we are also waiving those provisions which charter may not be uscd If another typo tions, as set forth in its Economic Regu- apply to direct air carriers and forelgn direct could be used. lations and its Special Regulations' ex- air carriers. 7oAdvance ookin charters are as provided pressly reserves the Board's power to -We also find it in the public interest to for in Subpart F of Pert 372a of the Board'i revoke Orders 73-2-27, dated February 6, Special Regulations, except that the 110-day waive any of the various charter provi- 1973, and 73-3-17, dated March 7, 1973, lists filing requirements have been changed sions upon a finding that such waiver is which required certain Canadian air carriers to 60 days. In the public interest and that there are to obtain prior- approval of all charter. flights' 'Inclusive tour charters are conceptually obtained from U.S. carriers by exercising a and structurally the same as those of Part special and unusual circumstances jus- right of first refusal. In light of the Agree- 378 of the Board's Special llegilatlonu ex- tifying the waiver. ment such requirements no longer appear cept that no multlple-stop requirement Is Upon consideration to be necessary. imposed. On the other hand, In certain re- of the Agreement 8 Canadian air carriers subject to Part 212 spects the Canadian ITO rulej are somowhat between the United States and Canada, of the Board's Economic Regulations are ad- more restrictive than ours, e.g., In requirlng the exchange of notes attached thereto, vised that prior-approved requirements for a minimum price of no less than 115 percent and section 1102 of the Act, we have ten- flights outside the "scope of the Agreement, of the lowest scheduled round-trip fare. such as flights involving. third-country VSplit charters (Including IT's) must be tatively decided to grant all Canadian points, will be unaffected by this waiver. for at least 40 persons and unlike the foard'a carriers presently holding foreign air 'Under the terms of the Agreement, "large rules are limited to (except for AEC's) three carrier permits authorizing charter serv- aircraft" means aircraft having both (1) a groups of the same type, each of at leost 40 maximum passenger capacity of more than persons. No types may be commingled In each ice appropriate waivert of Parts 212 and 30 seats or a maximum payload capacity of aircraft, and entity charters cannot be split, 214 of the Board's regulations, and to more than 7,500 pounds; and (2) a maximum 'OU.S.-orlginatlng charter air s-rvice with grant the U.S. carriers listed authorized take-off weight on wheels greater small aircraft Ia defined under the Agrcement in Appendix than 35,000 pounds. "Small aircraft" consist as commercial air transportation of trafllo on A hereto appropriate waivers of Parts of other than "large aircraft." a time, mileage or trip basis where the en- 207 and 208 of the Board's regulations, rThe Canadian rules for single entity pas-, tire planeload capacity has been engaged by a insofar as they would otherwise prevent senger and single entity property charters, person for his own use or by a person for known in Canada as "entity charters," are the transportation of a group of persons and! the U.S. and Canadian carriers from op- substantially similar to U.S. single entity or their property, as agent or reprezontatlvo erating charter services as provided for charters. of such group.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17

the Canadian regulations would not be waivers granted herein to Air Canada 1. That waivers of the provisions of detrimental to the public interest and CP Air provide that the land por- § 212A(a) of the Board's Economic Reg- Similarly, the bilateral description of tion of all inclusive tour charters oper- ulations are hereby granted to foreign the charter authority for U.S.-originat- ated by those carriers provide overnight air carriers designated by the Govern- ing charters with "small" aircraft is accommodations at a minimum of three ment of Canada pursuant to Article TII sufficiently similar to the US. concept of points at least 50 air miles apart. The of the May 8, 1974 Nonscheduled Air a charter to adequately maintain the dis- foreign air carrier permits presently Service Agreement, and viho hold foreign tinction between charter. and individu- held by the Canadian charter carriers. air carrier permits authorizing them to ally ticketed air transportation.' Accord- however, authorize the holder to perform engage in charter foreign air transporta- ingly, to the extent the Board's inclusive tour charter trips originating tion "subject to the terms, conditions, regulations might preclude operations in Canada subject to the terms, condi- and limitations prescribed by Part 212 of which conform to the terms of the Agree- tions, and limitations contained in 11- the Board's Economic Regulations" in- ment, and in order to place U.S. and censes to be Issued by the Canadian sofar as such provisions would require Canadian carriers on an equal competi- Transport Commission authorizing the that prior approval be sought from the Wtie footing, we will waive our charter- performance of such charters. Thus, the Board for any off-route or inclusive tour worthiness requirements for the U.S. air Canadian charter carriers' permit au- charter trip for which a Statement of carriers listed in Appendix A hereto and thority Is broader than the US. reserva- Authorization Is now required: Provided, designated Canadian air carriers, with a tion. However, the permits of such car- however, That this waiver shall not apply -limited exception 'for Canadian-orig- rlers also contain a condition that the to: (a) charter trips operated for a direct inating inclusive tour charters.' Board may require advance approval of air carrier or another direct foreign air In this connection, in an exchange of individual charter trips if It finds such carrier for transportation of its traffic diplomatic notes attached to the Agree- action to be required in the public in- pursuant to § 212.8 (a) (4-a) ; (b) charter ment, the United States expressed cer- terest. Therefore, the Board finds trips which involve a point or points out- tain reservations with respect to the and concludes that the public inside the territories of the United States provision in the Agreement which ap- terest requires the Board to invoke the and Canada; and (c) charter trips for plies the current Canadian Transport. above-mentioned condition in the per- which prior approval may subsequently Commission regulations with respect to mits of the Canadian charter carriers. be ordered by the Board; Canadian-originating inclusive tour Accordingly, the Canadian charter car- 2. That waivers of the provisions of charters. The effect of these reservations riers will be required to obtain advance Parts 212 and 214 of the Board's Eco- is to require that the land portion of the approval from the Board for each in- nomic regulations (and of such provi- tour provide overnight hotel accom- clusive tour charter flight originating in slons of our various Special Regulations modations at a minimum of three points Canada and bound for the Continental authorizing particular types of charters, at least 50 air miles apart for-Air Can- United States in which the land portion to the extent that such provisions apply ada and Canadian Pacific Air Lines, Lim- of the tour does not provide overnight to foreign direct air carriers) are hereby ited (CP Air), and that the land portion hotel accommodations at a minimum of granted to of tours to the Continental United States two places other than the point of origin, foreign air carriers designated by Eastern Provincial by the Government of Canada pursuant Airways (1963) such places being not less than 50 air to Article II of the Agreement, Ltd., Gateway Aviation Limited, Great miles from each other, unless the flight and who Lakes Airlines currently hold foreign air carrier permits Limited, Harrison Air- has been approved by the Canadian authorizing charter foreign air transpor- ways Ltd., Nordair Ltee-Nordair Ltd., Transport Commission prior to the date Pacific Western Airlines, Ltd., Quebec- of signature of the Agreement."' tation between the U.S. and Canada air, Transair Ltd., and Wardair Canada insofar as any provisions therein regard- The Agreement also requires the ling Ing charterworthiness may conflict with Ltd. (hereinafter referred to as Cana- of certain information with the aeronau- dian charter carriers) the charterworthiness regulations of the provide overnight tical authorities of both parties. The in- Canadian Transport Commission for accommodations at a minimum of two formation required concerns charter places at least 50 air miles apart. The single entity passenger, single entity trpis to U.S. "sun spot" destinationsp property, pro rata common purpose, ad- and certain charter flight reports. Ac- vance booking, inclusive tour, and split 21We also note that the Agreement pro- cordingly, we shall require that one copy passenger charter trips of the above vides that the U.S. can object if Canada sub- of each such document and eabh such stantlally changes its bharter rules. Thus, types which first take on beard passen- report henceforth be filed with the Di- gers and their accompanied baggage, or should the - Canadian charter rules be rector, Bureau of International Affairs." changed in such a way as to blur the dis- property, at a point or points in Canada tinction between charter and individually Upon consideration of the foregoing, for deboarding or reboarding in the ticketed air transportation, the Board has an the Board tentatively finds that the Non- United States, and are operated in con- avenue of redress which could lead to nonscheduled Air Service Agreement. formuity with such applicable regulations acceptance of such charters. coupled with section 1102 of the Act7 of the Canadian Transport Commission " Candia-originating charters with both establishes special and unusual circum- 'large" and "small" aircraft are required to and In conformity with the Agreement: stances which warrant grant of the Provided, however, That inclusive tour comply with the same Canadian rules, while waivers herein, U.S.-orlglnating charters with "small" air- and that It would be In charter trip3 operated by Air Canada and craft are not required to conform to the the public interest to grant such waivers. Canadian Pacific Air Lines, Limited Board's detailed charter rules. Accordingly, it is ordered: shall also provide, on the land portion of 1 This waiver, of course, does not serve to the tour, overnight hotel accommoda- authorize the operation bf aircraft by Cana- 2,Since It has been further agreed that this tions at a minimum of three places other dian air carriers'larger than that authorized reservation will not apply with regard to in- in their foreign air carrier permits. By the than the point of origin, such places to be elusive tour charters which have been ap- no le s than 50 air miles from each other; same token, it should be noted that the proved by the Canadian Transport Commia- waiver of our rules affecting charterworthi- slon prior to signing of the Agreement, wo 3. That waivers of the provisions of ness does not affect our other requirements will not require prior approval of such Parts 207 and 208 of the Board's Eco- in these rules imposed on U.S. and Canadlan flights. nomic Regulations (and of such provi- air carriers with respect to their charter op- -These are points located in the States of slions of our various Special Regulations erations, such as tariff and record retention Hawall. Florida, California. Arizona, and requirements. On the other hand, to the authorizing particular types of charters, Nevada, and points In Puerto Rico and the to extent that operation of a particular type of US. Virgin Iaslands. the extent that such provisions apply charter covered by the Agreement entails 0This does not, of course, relieve Canadian to direct air carriers) are hereby granted functions to be performed by indirect air carriers of the reporting requirements of to the U.S. carriers listed in Appendix A carriers within our jurisdiction, we would Part 217 of the Board's Economic Regula- hereto 13 insofar as any provisions expect to waive such previsions of our Spe- tions. cial Regulations as would otherwise prevent '1Section 1102 requires the Board to per- therein regarding charterworthiness the indirect air carrier from performing the form Its duties consLstently with any obliga- may conflict with the charterworthiness charter which the direct carrier Is hereby tions assumed by the U.S. in any agreement authorized to perform. between the US. and a foreign country. " led as part of the original document.

FEDERAL REGISTER, VOL 39, NO. 93--.lONDAY MAY 13, 1974 17118 NOTICES regulations of the Canadian Transport persons and/or their property, as agent [Docket ITo. 26603] Commission for single entity passenger, or.representative of -such group; EASTERN AIR LINES AND OZARK AIR single entity property, pro rata common 7. That any Canadian air carrier or LINES purpose, advance booking, inclusive tour, U.S. air carrier submitting to the Cana- and split passenger charter trips of the dian Transport Commission any state- Route Transfer Agreement; Prohoaring above types which first take on board ments, documents, or information re- Conference passengers and their accompanied bag- quired by the rules of the Canadian Notice Is hereby given that a prehear- gage or property, at a point or points in Transport Commission: prior to the or- ing conference in this proceeding Is a- Canada for deboarding or reboarding in ganization of passenger traffic for char- signed to be held on May 30, 1974, at the United States, and are operated, in ter trips or any program of charter trips 10 am. (local time), in Room 911, Uni- conformity with such applicable regula- (to be operated on or after the date of versal Building, 1825 Connecticut Ave- tions of the Canadian Transport Com- signature of the Agreement) which are nue, N.W., Washington, D.C., before Ad- mission and in conformity with the to first take on board charter passengers ministrative Law Judge Harry H. Schnei- Agreement: Provided, however, That in- in Canada for deboarding or reboarding der. clusive tour charter trips operated by at any point or points in the States of In order to facilitate the conduct of such carriers shall also provide, on the Hawaii, California, Nevada, Arizona, and the conference, parties are instructed to land portion of the tour, overnight hotel Florida, or a point or points in Puerto submit one copy to each party and four accommodations at a minimum of three Rico or the U.S. Virgin Islands, shall (at copies to the Judge of (1) proposed state- places other than the point of origin, the time of submission to the Canadian ments of Issues: (2) proposed stipula- such places to be no less than 50 air miles .Transport Commission, or within thirty tions; (3) requests for information; (4) from each other; days of the 6ffective date of this order statement of positions of parties; and 4. That Eastern Provincial Airways for those materials already submitted) (5) proposed procedural dates. The (1963) Ltd., Gateway Aviation Limited, also submit by mail one copy thereof to Buieau of Operating Rights will circu- Great Lakes Airlines Limited, Harrison the Civil Aeronautics Board, 1825 Con- late its material on or before May 10, Airways Ltd., Nordair Ltee-Nordair Ltd., necticut Avenue NW., Washington, D.C. 1974, and the other parties on or before Pacific Western Airlines, Ltd., Quebec- 20428, marked for the attention of the May 23, 1974. The submissions of the air, Transair Ltd., and Wardair Canada Director, Bureau of fliternational Af- other parties shall be limited to points Ltd. shall not perform, absent prior fairs; on which they differ with the Bureau of Board approval, any inclusive tour char- 8. That any Canadian air carrier or Operating Rights, and shall follow the ter trips which first take on board pas- U.S. air carrier submitting to the Cana- numbering and lettering used by the sengers and their accompanied baggage dian Transport Commission a Canadian Bureau to facilitate cross-referencing. at a point or points in Canada for de- Transport Commission Statement 40 Dated at Washington, D.C., May 8, boarding or reboarding in the continental which has reported thereon any charter 1974. United States (including Alaska) unless' flight performed by it (operated on or after the date of signature of the Agree- [sEAL] RALPH L. Wisnn, on the land portion of the tour, over- Chief AdministrativeLaw Judge. night hotel accommodations are provided ment) between a point or points in Can- at a minimum of two places other than ada and a point or points in the United [FRDoc.74-10983 Filed 5-10-74;8:46 am] the point of origin, such places to be no States utilizing aircraft having a maximum authorized take-off weight on less than 50 air miles from each .other; [Docket Nio. 20218] Provided, however, That this prohibition wheels greater than 1,000 pounds, shall shall not. apply to any inclusive tour at the same time also submit by mail FRONTIER AIRLINES, INC. charter trips which have been approved one copy thereof to the Civil Aeronautics Board, 1825 Connecticut Avenue NW., Deletion of Stillwater, Oklahoma; by the Canadian Transport Commission Prehearing Conference prior to the date of signature of the Washington, D.C. 20428, marked for the Agreement; attention of the Director, Bureau of In- Notice is hereby given that a prehear- ternational Affairs; Ing conference in this proceeding Is as- 5. That requests for advance approval 9. That Orders 73-2-27 and 73-3-17 signed to be held on June 6, 1974, at 10 pursuant to paragraph 4 above shall be are hereby revoked; filed with the Board and acted upon prior a.m. (local time), In Room 911, Universal 10. That this Order may be modified, Building, 1825 Connecticut Avenue, NW., to the advertising or sale of the charters amended or revoked bk the Board with- to the public for which approval is re- out notice or hearing; Washington, D.C., before Administrative quested; 11. That interested persons are hereby Law Judge Milton H. Shapiro. 6. That waivers of the provisions of afforded a period of 15 days from date In order to facilitate the conduct of tho Parts 212 and 214 of the Board's Eco- of service to file comments on the tenta- conference, parties are Instructed to sub- nomic Regulations are hereby granted to tive actions taken herein. The filing of mit one copy to each party and four foreign air carriers designated by the comments objectingto the Board's tenta- Government of Canada pursuant to Ar- copies to the Judge of (1) propoed stalt- tive actions shall serve to stay the effec- ments of Isues; (2) proposed stipula- ticle III of the Agreement insofar asany tiveness of this order pending further provisions therein may relate to the order of the Board. However, if no such tions; (3) requests for information; (4) charterworthiness of any "small aircraft" comments are received during this pe- statement of positions of parties; and bharter trips ' which first take on board riod, the order will become effective as (5) proposed procedural dates. The Bu- passengers and their accompanied bag- the final order of the Board upon the reau of Operating Rights will circulate gage, or property, at a point or, points in expiration of the above period; and the United States for deboarding and/or Its material 'on or before May 20, 1974, 12. That this order shall be served upon and the other parties on or before reboarding in Canada; Provided, how- all Canadian holders of, and applicants ever, That any such "small aircraft" for, foreign air carrier permits; the U.S. May 30, 1974. The submissions of the charter trip shall be performed solely air carriers listed in the appendices other parties shall be limited to points for the commercial air transportation of hereto; the Departments of State and on which they differ with the Bureau of traffic on a time, mileage or trip basis Transportation; and the Ambassador of Operating Rights, and shall follow the where the entire planeload capacity of Canada. the aircraft utilized shall be engaged numbering and lettering used by the by a person for his own use or by a per- This order shall be published in the Bureau to facilitate cross-referencing. son for the transportation of a group of FEDERAL REGISTER. Dated at Washington, D.C., May 7., By the Civil Aeronautics Board. 1974. Such requests shall be marked for the [SEAL] EDwni Z. HoLLAnD, [sEAL] RALPH L,Wisen, attention of the Director, Bureau of Operat- Secretary. Chief Administrative Law Judge. ing Rights. 20See footnotes 4 and 13 supra. [FR Doc.74-11110 Filed 5-10-74;8:45 a1A] [Fr Doc.74-10982 Filed 5-10-7d;8:4 rm]

FEDERAL REGISTER, VOL 39, NO. 93-ONDAY, MAY 13, 1974 NOTICES 1719 COMMISSION ON CIVIL RIGHTS that a planning meeting of the Utah The purpzze of the meeting is to dis- State Advisory Committee (SAC) to this cuss propazls- relevant to the Commis- * MARYLAND STATE ADVISORY COMMITTEE Commission will convene at 7 p.m. on sion's study of the "structure and inter- Agenda and Notice of Open Meeting May 23, 1974, in the Governor's Board nal operating procedures of the Federal Room, Utah State Capitol, State Street, courts of appeal system," including use Notice is hereby given, pursuant to the Salt Lake City. Utah 84114. of central staff for the courts of appeal provisions of the rules and regulations of Persons wishing to attend this meeting and possible solutions for the problems the U.S. Commission on Civil Rights, should contact the Committee Chair- engendered by long-vacant judicial po- that a planning meeting of the Maryland man, or the Mountain States Regional sitions on the various United States State Advisory Committee (SAC) to this Office of the Commission, Room 21G, Courts of Appeal. -Commission will convene at 8 pm. on 1726 Champa Street, Denver, Colorado The Commls-sion will, in addition, fur- May 16, 1974, in Room G-20, 6401 Se- 80202. ther formulate plans for the second curity Boulevard, Baltimore, Maryland The purpose of this meeting shall be phase of its work 21235. to discuss plans for a factfinding meet- The meeting is open to all interested Persons wishing to attend this meeting ing, tentatively scheduled for June, on perons. should contact the Committee Chairman, the subject: Credit Availability for A. .Lxo L=, -or the Mid-Atlantic Regional Office of Women in the State of Utah. Executire Director. the Commission, Room 510,2120 L Street, This meeting will be conducted bur- [I'R Dc.74-10338 Filed 5-40-74;8:45 a=1 NW., Washington, D.C. 20425. suant to the Rules and Reaulations of The purpose of this meeting shall be the Commission. to introduce new SAC members to the COUNCIL ON ENVIRONMENTAL Committee, elect SAC officers and plan Dated at Washington, D.C., May 8, QUALITY future programs for the Maryland SAC. 1974. This meeting will be conducted pursu- IsA= T. CRsw=, Jr., ENVIRONMENTAL IMPACT STATEMENTS ant to the rules and regulations of the Advisory Committee Notice of Pubic Availability Afanagement Officer. Commission. Environmental Imnact statements re- [FR Doc.74-10961 Filed 5-10-74;8:45 am] Dated at Washington, D.C., May 7, celved by the Council on Environmental 1974. 'Quality from April 29 through May 3, ISAi&u T. CREswELL, Jr., COMMISSION ON REVISION OF THE 1974. The date of receipt for each state- Advisory Committee FEDERAL COURT APPELLATE ment is noted In the statepnent sum- Management Offcer. SYSTEM mry. Under Council Guidelines, the review and [Pl Doc.74-10962 Filed 5-10-74;8:45 am] minimum period for public APPELLATE SYST.M STRUCTURAL comment on draft environmental impact CHANGES statements Is forty-five (45) days from OKLAHOMA STATE A6VISORY Notice of Hearing this F DnAL RasrzR notice of avail- COMMITTEE MAT 6, 1974. ability. (June 24. 1974) Copies of individual statements are Agenda and Notice of Open Meeting The Commission on Revision of the available for review from the originat- N~otice is hereby given, pursuant to the Federal Court Appellate System will hold ing agency. Back copies will also be provisions of the rules and regulations hearings on proposals for structural available from a commercial source, the of the U.S. Commission on Civil Rights, change In the Federal Court of Appeals Environmental law Institute, of Wash- that a planning meeting of the Okla- System. Administrative appeals and pat- ington, D.C. Advisory Committee (SAC) ent appeals will be specially considered. homa State Dp.~zTrnzsrO'Arzzcnirvz to this Commission will convene at 9 Proposals for improvement in the In- a.m. on May 17, 1974, in the El Cortez ternal operating procedures of the Courts Contact: Dr. Fred Ir. Tr.chirley, Acting Co- Room of the Ramada Inn West, 800 of Appeals wil also be discussed. ordinator, Environmental Quality Activities, The hedrings will begin Monday at OMce of the Scretary. U.S. Department of South Meridian, Oklahoma City, Okla- Agriculture, Room 331-E. Administration homa 73127. 1:30 pm., May 20 and 1:30 pm. Tues- 2247, Rayburn Building. Wa.hingston, D.C. 20250. 202- Persons wishing to attend this meet- day, May 21 in Room 447-3965. ing should contact the Committee House Office Building. Among witnesses scheduled to appear Chairman, or the Southwestern Re- Draft gional Office of the Commission, Room are: Mr. Justice Tom C. Clark, Profe=-or Sarvtcoth N atonn Recreation Area, Ev- 231, New Moore Building, 106 Broadway, Charles Alan Wright of the Unilversity eral countleo, Idaho. April S0: The state- of Texas, Judge Harold Leventhal, Judge San Antonio, Texas 78205. ment refers to the prooz d management John 6inor Wisdom, Judge Thomas plan for the Sawtooth National Recreation The purposes of this meetig shall be Gibbs Gee, Professor Paul A. Bator of Area. vh1ch contains '540.O acres of land (1) to plan for the release of the report Harvard, Professor Nathaniel Nathanzon The plan propces: the addition of as many entitled "Indian Civil Rights Issues in of Northwestern University, Honorable as 877 new camping and plcnicldng are . Oklahoma," (2) to discuss followup ac- Antonin Scalia, Chairman of the United the designation of 25o.c00 acres as wilder- 900,00 tivities to this report and (3) to consider States Administrative Conference. Fran- nec3 ctudy areas: the harvesting of reconstituting the Oklahoma SAC. board feet of timber and timber prcducts; cis Browne, Esq., Irving Kayton, Esq., the phasing out of grazing In key wildlife This meeting will be conducted pur- Richard Xline, Esq., James Flug, Esq,, habitat are.; and the construction of new suant to the Rules and Regulations of and Melvin L. Wulf, Esq. road3 and trails. The major environmental -the Commission. A. Ixo Lzm. impacts will be on vegetation and soila ( two volume). (EMF Order Ilo. 4I2637.) Dated at Washington, D.C., May 7, Executive Dircctor. Final 1974 IFR Doc.'4-10939 Filed -10-74:8:45 am) * IsAIA T. CREswLL, Jr., Vegetation 1fanagement, Oregon and SO: Advisoiy Committee WVashington. April The statement refers STRUCTURE AND INTERNAL OPERATING to the propoed use of the chemical agents Management Officer. PROCEDURE 2,4-D. 2.4,G-T, 2.4.5-TP. Amitrole-T. DIcamba, IFR Doc.74-10963 Filed 5-10-74;8:45 am] and Pieloram on Maiheur. Umatilla. and Notice of Meeting Wallowa-WhiMn National Forests. The MAY 6, 1974. herblcdes will be u:ed In reforestation, site UTAH STATE ADVISORY COMMITTEE Notice is hereby given that the Com- preparation, utility and road. right-of-way Agenda and Notice of Open Meeting mission on Revision of the Federal Court maintenance, range vegetation, and noxious weed and poison plant control The uze of Notice is hereby given, pursuant to the Appellate System will meet Monday, May 20, 1974, at 9:30 am., in Room 2247 the chemicals will put herbicide resldues provisions of the rules and regulations of into tho environment in varying amounts the U.S. Commission on Civil Rights, of the Raybum House Office Building.

TEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 No. 93--Pt. X-- 17120 NOTICES

depending upon the chemical used, formsI- the Greenwood Energy Center. The plant high turbidity (Walla Walla District) (53 lation rates, methods of application, and Its will employ two identical pressurized water pages). (ELE Order No. 405D5.) fate In the environment. There is a haza Ad reactors to produce up to 3,600 MAWt and to wildlife in the altering or eliminatir tg 1208 MWe (net). Future power levels of Final of Its habitat (two volumes). Comnmen ts 3,760 MWt and 1,263 MWe are anticipated. Inlatid Waterway, Delaware River to Ches- made by: EPS, USDA, HUD, DOC, HEW, CO P, Exhaust steam will be cooled in a closed apeake Bay, Delaware and Maryland, May 2: state and local agencies, and concerne:d cycle system Incorporating a spray canal and The project, now approximately 87 percent citizens. (ELR Order No. 40698.) utilizing makeup water from Lake Huron complete, provides for the enlarging of the at a consumptive rate of 39,500 acre-ft. channel to 35' by 450' from FOREST SERVICE an- the Delaware nually. Construction-related activities will River to Pooles Iland in Chcsapeako BDay. Presidential Range, White M1duntain NiL- occupy 1,200 of the 3,600 acres in the site. Additional work includes a cutoff at a rail- tional Forest, Coos County, N.H., April 21): Farming, hunting and grazing on the site road crossidg, a vertical lift bridge, high Proposed is the legislative designation of tl ie will be suspended. (ELR Order No. 40701.) level bridges at Summit and Reedy Point, 20,380 acre Presidential Range of the Fore st UF6 conversion plant, Barnwell, S.C., and development of recreational facilities. as units of the Eastern Wilderness Systena. April 29: Proposed is the issuance of a full There will be rome loss of wildlife habitat: Adverse Impact will include the prohibition term special nuclear material license to turbidity and changes In salinity levels will of timbering and public motorized acces s. Allied-Gulf Nuclear Services for the opera- affect some marine blota. (Philadelphia Dis- Visitation of th" area may increase (4.2 tion of a uranium hexafluorlde (UF6) contrict). Comments made by: USDA, DOC, pages). (ELR Order No. 40681.) version facility as part of the Barnwell Nu- DOT, FPC, add state and local agencies. (VLR Vegetation Management, Washington .Nca- clear Fuel Plant. The UF6 facility is designed Order No. 40721.) tional Forest, several counties, Washingto3n, to process 1500 metric tons of uranium as Grand Isle and vicinity, Lafoureho April 30: The statement refers to the use (of uranyl nitrate solution Into gaseous UF6. County, La., May 2: The statement refers the chemical herbicides amitrole, dicamb a, Plutonium contaminated solid wastes will to the proposed construction of 43 miles of 2,4,5-T, 2,4-D, picloram, and silvex, on lansis be stored by onsite burial (107 pages). (ELR levee, along with appurtenant structures, of the Olympic, lt. Baker, Snoqualmie, an d Order No. 40683.) along both banks of Bayou Lafourcho, in Gifford order to provide protection from hurricane- Pinchot National Forests. The herbI- DEPAUThAIMT or DEFENSE cides are used for control of undesirab:le induced floods. The completion of the proj- vegetation in crop tree release, site prepar L- AMRFORCE ect would encourage residential, commerclal, tion, weeding, range vegetation, right-of-we and industrial development within the pro- ,y , Contact: Dr. Billy Welch, maintenance, and noxious weed control prc Room 4D 873, tected area, which includes 24,000 acres of ) The Pentagon, Washington, D.C. 20330, biologically productive marsh grams. The action will result In a loss (of (202) OX 7-9297. (100 page.n). some non-target Comments made by: USDA, DOC, HEW, DOI, species, as well as an at - Draft verse aesthetic (visual) impact- (two DOT, EPA, and state and local agencles. vol Disposal of Herbicide Orange umes). Comments made by: USDA, (2), May 3: (ELR Order No. 40720.) DO( Proposed is the incineration COE, HUD, state agencies, and concerne of approxi- Great Lakes Connecting Channels, Sup. d mately 2.3 million gallons (including 0.86 citizens. (ELR Order No. 40696.) plemen t (2), Chippewa County, Mich., May 2: million gallons currently at Gulfport, Miss.), The document is a Final statement to Draft, SOIL CONSERVATION SERVICE of Orange herbicide In a remote area near Supplement No. 2 filed in December 1973, Draft or on Johnston Island, in the Pacific Ocean. The proposed action Is the widening of than. e Bayou Bonne Idee Watershed, Morehous The incineration would take place either on nel bends in St. Mary's River, iW order to County, La., April 30: The statement refer a specially designed vessel, or in a facility provide safer navigation for wider veoselq us- to a proposed project which will be con on the Island. The incineration would con- ing the waterway. Dredging and disposal structed for watershed protection, flood pre Syert the herbicide to carbon dioxide, hy- operations will damage aquatic life; recrea. vention, drainage, and recreation. Project drogen chloride, and water, to be released tional boating and fishing will be adversely measures will include 202 miles of channcel without scrubbing. Carbon, carbon monoxide affected; greater wave wash of larger vessels work with appurtenant measures; the cond - andof "environmentally insignificant" amounts could contribute to shore erosion probloms unburned and pyrolyzates of struction of two water control structures an the herbicide (Detroit District). Comments made by: DOO, the modification of two others; a recreatio:n will also be released. (ELR Order No. 40722.) DOT, DOI, USDA, FPC, EPA and state and development; and mitigation measures. Ap DEPARTMENr OF DnFENSE local agencies. (ELR Order No. 40719.) proximately 2,360 acres of land will be dis Beach Erosion Control, Rockavay Penin- turbed during construction. Habitat for deei ", ARMY CORPS sula, N.Y., May 2: The statement refers to squirrel, rabbit and waterfowl will be lost t o Contact: Mr. Francis X. Kelly, Director, the beach erosion project for the Roel:away project measures (138 pages). (ELR Order Office of Public Affairs, Attn: DAEN-PAP, Of- 'Beaches, Queens. The project consists of the No. 40697.) fice of the Chief of Engineers, U.S. Army placement of beach fill, which will be taken Final Corps of Engineers, 1000 Independefce Ave- from one of two borrow areas located nvar the project area. There are several Lee Phillips Watershed Project, nue SW., Washington, D.C. 20314, 202-693- alternates Lee an, 7168. for the propo ed beach maintenance. Phillips Counties, Ark., April 30: Ad- The pro verse impacts include increased turbidity posed project consists of 78.3 miles of channeI Draft due to maintenance procedures and work, 19 grade stabilization structures, dlsrup- 1 Io V Maquoklta River and Kitty Creek, Jones tion of present marine life caused by with- water weir, and the acceleration of the es - County, Iowa, May 2: Proposed is a flood drawal of materials from offshore sourcem tablishment of land treatment measures. Th e protection project for a portion of the city and subsequent placement on beaches (Now purposes of the project are watershed pro - of Mo'tlcello. Project measures will consist York District) (50 pages). Comments made tection, flood protection, and agriculture .1 of 0.8 mile of earthen levee. Adverse impact by: USDA, HEW, DOc, DOI, DOT, EPA, water management. Adverse effects and include will include the temporary commitment of state and locta agencies. (ELR Order 4o. disturbance to fish habitat during construe- 25 acres of agricultural land to borrow re- 40714.) tion; clearing of 357 acres of woodland c 'f moval; and the permanent loss of three acres 1 Saw Mill River, Flood Protection which 120 acres will be replanted; and In (2), - of agricultural land and one acre of bot- Westchester County, N.Y., May 2: The creased traffic with associated dust and noisa tomland timber to project purposes (Rock revisd (73 pages). Comments made by: DOD, HE'% draft refers to the Saw Mill River Flood pro- Island District) (64 pages). (ELR Order No. tection project which consists of channel DOI, DOT, EPA, and state agencies. (EL 40711.) Order No. 40700.) deepening and sheet piling along the elt- Porice Harbor, P.R., May 3: Proposed is ing channel alignment to qontain the chan- ATorO ENcacy CoaM:issior, the dredging of a main channel 36' deep, nel excavation. Existing channel and founda- from the Caribbean Sea to Ponce Harbor, tion walls would be capable of containing Contact* For nonregulatory matters: li and the modification and deepening of the a design flood of 1450 cubic feet per cecond. W. Herbert Pennington, Office of Assistan t harbor channel arid turning basin. Approxi- General Manager, E-201, AEC, Washington Adverse Impacts include the removal of mately 1,043,000 cu. yds. of spoil D.C. 20545, 301-973-4241. will be vegetation in the project area, and the en- For regulator Y dredged. There wll be some advers3 matters: Mr. A. Glambusso, Deputy Directo. impact couragement of further development In the to marine biota. (Jacksonville District) newly for Reactor Projects, Directorate of Licens (68 protected flood plain. Tho first draft - pages). (ELR Order No. 40723.) was submitted to ing, P-722, AEC, Washington, D.C. 20545 the Council on October 10, Mil Creek flood control, 1973 (Now York District) (67 pages). Com- 301-973-7373. Walla Walla, Walla Walla County, Wash., April 30: The statements made by: USDA, DOI, EPA, DOO, Draft ment refers to the Impacts of continued op- DOD, HEW, DOT, and state and local agen- Greenwood Energy Center, Units 2 and 3 eration and maintenance of a diversion dam. cles. (ELR Order No. 40715.) St. Claire County, Mich., April 30: Proposec an off-channel storage reservoir, and sur- Falls Lake, Neuse River, Wake, Durham, rounding lands which comprise the Mill and Granville Is the Issuance of construction permits t( Counties, N.C., April 30: Tho Creek project. The major impact is that of statement refers to the proposed construe- the Detroit Edison Co. for tnits 2 and 3 eu poor water quality of the reservoir due to tlon and operation of a multi-purpee (flood

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17 121

control, water supply and quality control, leases to 295 tracts (totaling 1,421,739.13 with construction (23 pages). (Z Order recreation, and fish and wildlife conserva- acres) of outer continental helf lands No. 40722.) tion) reservoir project on the Neuse River, Louisiana. Seventy-two tracts areaituated Brokhavn Municipal Airport. LIncoba near Raleigh. The project will require the In water depths of 200 meters or more. All County, Miss. May 2: The project consists acquisition of 42,259 acres, of Which 12,490 tracts pose some degree of pollution risk. of the extension and levelling of a runway. acres, along with 22 miles of stream, will be Each tract offered is subject to a matrix and the replacing of exiting low Intensity inundated. There will be changes In land analytical technique In order -to evaluate lghting, with new medium intensity lights. use, as well as economic impact, potential significant environmental Impacts rhould There will ba minor short-term adverse effects impact to rare and endangered species, and leasing occur and subsequent oil and gas normally assaclated with construction (20 loss of archeological sites, along other Im- exploration ensue. The sae Is tentaively pages). (ELM Order No. 40713.) pacts (Wilmington District) (825 pages). scfheduled for late fall 1974. (two volufac-). Comments made by: EPA, AEC, HEW, DOC, (ELR Order No. 40704.) ITn-A. 1uoaWAr AMnarf~o USDA, and state and local agencies. (ELM Draft DUREAU OF nEcLaexOrr Order No. 40703.) Draft Western Access Road. Koug-rola to Kobul:. Union City Dam, Erie County, Pa., April S0: Alanla, April 30: The statemant refers to The statement refers to the proposed con- Palmetto Bend Project, Jackson County, the construction of the Wes-ern Arcs Road, struction of a 580 acre conservation pool at Tex, April 30: The statement refers to the approximately 3A0 miles in length, from the the existing detention reservoir. Approxi- Palmetto Bend Prpjecto which is intended Eougarol: Read on the Savard Peninsula to mately 7.4 miles of stream environment- to provide municipal and industrial water the Village of Kabu6 n the Alaska main- would be elLminated. Wildlife habitat would supply and assoclated recreational, fish, and land. Adersce Impact will Include the less be eliminated on the Inundated 580 acres, wildlife facilities. Project measures will In- of vegetation, and ncrEasa In stream tur- and reduced on 2,120 acres of surrounding lude an earthilli dam, concrete spillway, bidity, and air and noise pollution (245 Federal land (92 pages). Comments made by: multiple level river outlet worl, and a dual- pages). (ELM Order No. 4063.) EPA, DOI, USDA, and state and local agen- level outlet for municipal water releases. 103rd St., and Timuquana Road. Jaclson- cles. (ELM Order No. 40702.) A total of 10,300 acres of land, including 1,00 ville, Fla- April 23: The statement refers to acres of cropland and 8300 acres of pasture. Final the propozed upZrading of 103rd Street and will be committed to project measures; 11.000 Timuquana Road in Jacl:_onvllle from Galveston Harbor and Channel, Texas, May an acres of wildlife habitat and 47 miles of ezisting two-lane facility to a moder multi- 2: Proposed is the deepening of Galveston fish stream habitat will be inundated. Down- Channel from its previous authorlomd depth lane urban facility. The project follows the stream freshwater and nutrient inflow to existing allnment to Wescorn;ett Boulevard of 36 feet to its new authorized depth of 40 the Lavaca-Matagorda ertuarino system will then eastwad on ne= alignment north of -feet. Spoil will be deposited in leveed areas be reduced by as much as 1G p ercent, (ELM on Pelican and Galveston Islands. ,Dredging ?anor Drive, then southeastward across Order No. 40694) Fishing Crce to Timuquana Road. Adverse activities will have adverse impact to marine Unit 2, Huntington Canyon. and Tran- biota. (Galveston District) (86 pages). Com- impacts include increased noise levels, los- of mission Line, Emery County, Utah, My 1: frontage property, temporary d2gradation of ments made by: DOC, MEW, HUD, DOI, Proposed Is Federal approval. (because of water quality USCG, EPA, and state and lotal agencies. in F ching Crieel, and the dis- the terms of a water sale contract). for the placement of 28 families and 11 businesses (ELl Order No. 40718.) addition of a 415 MV coal burning generating (5 pages). (ELM Order No. 40M.) E=3RONMZaNTAL PnorECrION Aozncr unit to the Utah Power & Light Co.'s Hunt- Tcelfth Street, Detroit. Wayne County, ngton Station. There will alco be 75 miles Mu1ch. April 29: The statement refers to the Contact: Mr. Sheldon Meyers, Director, Of- of 345KV transmL-Ion line constructed In proposed widening of Twelfth Street. The fice of Federal Activities, Room 3630, Water- conjunction with the plant. Operation of the routherly portion, between Fort and Howard. side all, Washington, D.C. 20460, 202-753- unit would require an additional 1.4 million 094A0. 0.14 mile In length and the northerly por- tons of coal annually from Deer Creek Mine. tion from south of Bagley to Fisher Freeway Final There will be emlslons of particulates. sul- South Service Drive is about 0.43 miles In Treatment Facilities, Onondaga Lake, fur dioxide. The transmision lines wll inter- length. Adverce impacts include dils-uption fere with deer and elk ran e lands. (ELM Onondaga County, N.Y., May 3: The state- of local traf ic, displacement of people and ment refers to two related projects. The first Order No. 40705.) businese, and Increa:ed levels of air and involves the expansion and upgrading of the 33UREU OF SPOMTS-MnMuauE AZD 'r_=Lrrs noise pollution (52 pages). (ELM Order No. Metropolitan Syracuse sewage treatment 40M9.) plant, from a 50 mgd primary treatment fa- Draft 1-440, O:lahoma City, O:lahoma County, cility to an 86.5 mgd advanced waste treat- Proposed UL Bend National Wildlife Ref- O1a., April 29: The statement refers to the ment facility, and the construction of a new uge, Phillips County. Mont., My 2: The propozed upgmdia of existin-g US 6S, a shoreline outfallo to Onondaga Lake. The sec- statement refers to the proposed legislative ground-level four-lane expre=ay to pro- ond involves the construction of force mains designation of 20,393 acres of the UL Bend vide the north leg of the 1-40, a six-laned and additions and alterations to the existing National Wildlife Refuge as wilderness freeway with full control of access through -West Side Pumping Station. Adverse impact within the National Wilderness Preservation O:labom.a City. Adverse impacts are the dis- will include construction disruption; the cre- System. Any impact would derive from pro- placement of 27 famiies and 12 businesses atlon of a visible plume of MSSTP effluent in tection against exploitation of the natural (alrcmdy have been relocated), the reduction mixing with Onondaga Lake waters; and resources (73 pages). (ELM Order No. 46716.) of privately owned lands'and the disruption continued nitrogen loadings to the Lake (252 Proposed Back Bay Wllderness Area. Va. of traic cermces during construction (435 pages)- Comments made by: USDA. HEW, May 2: Propozd Is the legislative designa- pes). (~(MOrder 2o. 40635.) DOI, and state and local agencies (ELM Or- tion of 1,0 acres of Bach Bay Nattonal SH 03"M Ho-uston.- Harris County, Tex. der No. 4-0724) Wildlife Refuge In Virginia Beach s wilder- April 23: The statement refer- to SM 233 on new lecation from Bellfort northvad 45 DEPART==ser O I'ThERIOR necs within the National Viderness Pres- ervation System. Any impact from the action miles to Elgin Street in the southerly portion Contact: Air. Bruce Blanchard, Director, would derive from protection aainzt ex- of Houston. It is proposed as a dual-dua-l frecay consisting of 4 s-ervic lanes in each Environmental Project Review, Room '7260, ploitation of the natural reources (07 dirctlon. Adverze impacts consist of sma11 Department of the Interior, Washington, D.C. pages). (ELR Order No. 40717.) 20240,202-343-3891. amounts of ereston and sadimantation dur- D=m'saT.=zrr or TnAr=osarnor ing constructtn, and increazed noise levels BuREAr OF LMM Sr MAGn ENT (3 pagc). (ElM Order 11o. 4052.) Contact: Mr. Martin Conv1ser Director Randall Road Interchange, Thurston Draft Office of Environmental Quallty., 400 7th County. Was.,_ Proposed Coal Leasing Program, May 3: April 23: 7he statement pro- Street SW., Wa--hington, D.C. 20590, 202- poses the replaccment of a grade ntersec- resuming 426-4357. The statement refers to a program tion with a. new one on SR 101, a princi l nationwide coal leasing by the Bureau of Land Management, utilizing the Energy PSOU1AL AvMMvON AD=WMvrATTON lghway Lng Puget Sound wIth pints we-t, and the Olympic Peninl-a. The Inter- Mineral Allocation Recommendation System. Draft change wil consist of 4 ramp , providing The program primarily involves 65 million Bay Cotinty Airport. Panama City, Bay trafla mo-ements- in all dir-catons, cross- reserves in the North- acres of identified coal County, Fla., May 2: The statement recfrs roadz, wlth bridre structure, and a frontage ern Great Plains, and northward along the to Panama City-Bay County's proposal to road. Adverse impacts include the acquisition continental divide from New Mexico and install a medium Intensity approach light- of 3 acres for rlht-of-way, displacement of Arizona through Montana. Extraction of the Ing system with runway alignment Indl~ator I bu--in, and Perry Cree.. and Mud Bay coal would create a wide range of social, eco- light. Approximately 45 piles will be unl: will receive Increa-ad run off becauze of the nomic, and environmental Impacts. (two in North Bay. Adverse Impact-, are danger to Improvam-nut (63 pages). (ELM Order No. volumes). (EL Order No. 40726.) the retina of the eye caused by light emis- 40 2.) Oil and Gas Lease Sale 36, Louisiana, slons from the sequenced flasher, and short- Roc Springs CircumferentiaI Rte. (B31t May 1: Proposed is the sale of oil and gas term negative effects normally assolated Loap). NVyo,, April 30: The statement refers

FEDEPlAL REGISTER, VOL 39, NO. 93-4,MO0NDAY, MAY 13, 1974 NOTICES to the construction of a circumferential trafflc signal. Forty-four acres of land will of the Helena National Forest. Planning is route (Belt Loop) around the developed be committed to right-of-way. Other adverse designed to a 'Level 2 Intensity, for suoh areas lying south of the Union Pacific Rail- i impacts of the action include loss of flora values as timber harvest, grazing, wllrtllo road in Rock Springs. The length of the proj- and fauna; relocation of 16 families; removal habitat, and recreation. The unit czaealna ect is 4.1 miles. Adverse impacts include the or modification of 31 structures and in- 40,100 acres, of Inventoried -. sdless aremq, taking of right-of-way, the displacement of creased noise levels (80 pages). Comments of which 33,600 acres woad remain undo- people, and the increase of noise levels (47 made by: IJSCG, USDA, EPA, DOC, DOT, developed. 48 pa"es). (ELIR Order No. 40028). pages). (ELR Order No. 40699.) and State and local agencies. (ELP. Order No. Final 40707.) Final West Fork Ranger District, Counties, Wash., Bitterroot Na- Route 99, Stanislaus County, Calif., May 3: 1-82, Yakima and Benton tional Forest, Ravalli The proposed project is the conversion of a April 30: The project consists of the con- County, Mont., April Tporopo e 9romect 26: The portion of Route 99 from fourfstheoron to six lanes.UnoGalfan struction of toa 42res.Adreimas miles section of 1-82 from- statement refers to a proposed revised management plan for 157,075 acres of Total length of the project Is 5.1 miles; land Union Gap to Prosser. Adverse impacts in- the West Fork Ranger District of the Foret. the displacement of 78 families, and acquisition will total 25 acres, with 1 family clude The planning unit has been subdivided into of air and noise pollution (three and 2 businesses being displaced. Noise and the increase eight smaller units which will be managd Comments made by: HUD, DOI, air pollution will increase. Comments made volumes). for such values as timber production, wild- Ordek No. 40692.) by: DOI, EPA, state and local agencies, and EPA, DOC, and USDA. (ELR life habitat enhancement, and recreational 70, Oneida and Vilas Counties, Wis., concerned citizens. (ELR Order No. 40725.) S.T.H. values. Of the 157,076 acres in the unit, proposed project is the recon- Penn Central and B & 0 Railroad Grade April 29: The 111,240 are inventoried as roadiess. Implo- Separations, New Castle County, Del., May 2: struction and realignment of S.T.H. 70 for mentation of the plan will result in manange- The facility will The proposed safety project on Ruthby a distance of 10.6 miles. ment keyed to road development of 75,016 Road is the construction of 2 railroad grade traverse portions of the Chequamegon Na- acres. The remaining 81,129 acres will con- separations, totalling 0.6 mile in length. tional Forest and the Lac du Flambeau tinue to be managed in a roadlevo condition, Four families would be displaced by the Indian Reservation. One hundred and forty Comments made by: EPA, DOI, USDA, stato project (60 pages). Comments made by: acres of timberland will be acquired for and local agencies, and concerned citizens. HUD, USDA, EPA, DOI, state and local agen- right-of-way. The facility will traverse the (ELR Order No. 40677.) cies. (ELR Order No. 40709.) Squaw, Koernet and Lower Creeks. Adverse Madison North and South (U.S. 81), Madi- affects are loss of timberland and wildlife DEPAr.T nT Or DgsnNs. son County, Nebr. April 29: The proposed habitat (38 pages). Comments made by: project is the reconstruction of a 7.39 mile EPA, DOI, and USDA. (EL. Order No. 40679.) segment of U.S. Highway 81, including a pro- vrssss As TRA SPOrTATION ADaISTRATION Contact: Mir. Francis X. Kelly, Director, posed bypass section east of Madison. The Office of. Public Affairs, Attn: DAEN-PAP, improvements include grading, full safety Final Office of Chief of En.-ineers, U.S. Army Corps sections, roadway drainage structures, and a Archer Avenue Line, Queens, N.Y., April of Engineers, 1000 Independencd Avenue SW., crossing of Union Creek (47 pages). Coin- 29: The New, York City Transit Authority Washington, D.C. 20314, 202-093-7168. meants made by: DOT, COB, USDA, HUD, DOI, has filed an application for Federal capital Draft EPA, and state agencies. (ELR Order No. grant assistance to construct a rapid rail Starlings Crek Navigation Project, Ac- 40680.) transit extension 2.5 miles in length on the comacki County, Va., April 25: Proposed is Final the maintenance dredging of a navigation will be underground except for 0.2 mile. Dis- channel from Pocomoko Sound into Starllngs S.R. 44, Sandoval County, Sandoval placements include 12 families and 11 busi- Creel:, where a turning basin will also be County, X. Mex., May 2: The statement nesses (200 employees). Increases in noise dredged. An estimated 55,000 cu. yds. of bot- refers to the proposed improvement and will occur (142 pages). Comments made by: tom material will be removed, and deposited realignment of 8.6 miles of New Mexico State DOT, EPA, DOI, HEW, USDA, and state and offshore along Saxis Island. Adverse Impact Route 44 from 2.6 miles south of San Ysidro local agencies. (ELR Order No. 40691.) would occur to marine blota (Norfolk Dis- in Sandoval County. Adverse impacts In- P=SYLVATMIA AvENqn DEVLOPaIEIr trIct) (21 pages). (ELR Order No. 40603.) clude the loss of approximately 100 acres of CORPORATIO7 land, displacement of 2 businesses, and n- D ARTr.an T or INrzoa creased levels of air, water, and noise pollu- Draft Pennsylvania Avenue Plan, 1974, District of Contact: Mr. Bruce Blanchard, Director, tion during construction (40 pages). Com- Environmental Project Review, Room 7260, ments made by: USDA, HEW, HUD, DOI, Columbia, May 3: Proposed is the adoption of a comprehensive development plan for the Department of the Interior, Washington, D.C. state and local agencies, and concerned 20240,202-343-3891. citizens. (ELR Order No. 40706.) Pennsylvania Avenue Development Area, for U.S. 52, Davidson and Forsyth Counties, transmittal to Congress, and upon Congres- ITATI0Nt.L PAPIZ .snvl N.C., May 2: The statement refers to the. sional approval, implementation by the Cor- Final proposed continuation of new U.S. 52 south- poration. The plan would encompass a 21 Transpark Road, Bighorn National Recrea- ward from Winston-Salem on new location block area along the north side of the Ave- tion Area, Mont. and Wyo., April 20: The pro- for 6 miles to existing U.S. 52 north of Wel- nue, from Third Street to the White House. posal calls for the construction of a 60 mile come. The corridor will be a 4 lane divided The main objectives of the plan are to re- roadway from Horseshoe Bend, Wyoming to highway. Adverse impacts include the dis- inforce the proper development and uses of Fort Smith, Montana including a major placement of 53 families and 2 businesses, the Ave. and itsadjacent area in a manner bridge over Dryhead Canyon. The primary siltation of creeks, and loss of 350 acres suitable to its ceremonial physical, and his- purpose of the road is that of increasing ac- of land (65 pages). Comments made by: toric character; and to eliminate urban cess to the National Recreation Area. Ad- USDA, COE, GSA, HEW, HUD, DOI, EPA, and blight. (ELR Order No. 40727.) verse Impacts will include Increased visitor state and local agencies. (ELR Order No. The following environmental impact state- impact, scarring by construction, bisectlng 40708. ments were received during the week of of a wild horse range, the loss of some archoo- Lane Street, Kannapolis, Cabarrus County, April 22 through April 26, 1974. Notice of logic values, animal road mortality, and the N.C., May 2: The statement refers to the these statements appeared in the May 6, 1974 visual impact of fencing. The Crow Indian proposed widening of Lane St. in Kannapolis FEDERAL REoxsTm, and the commenting pe- Reservation will be crossed by the roadway from 1-85 westward to Cannon Bouldvard riod for them begai4 on that date. Summaries (two volumes). Comments made by: USDA, to a four lane curb and gutter street. Proj- of the statements were not available at that DOI, EPA, DOT, and state and local agenoleo. ect length is 2.6 miles. Adverse impacts time, however, and therefore are provided (ELR Order No. 40600.) include the taking of additional below. land for Draft . right-of-way and the displacement of 2 DEPAuraNT os AcacuLTunE businesses (75 pages). Comments made by: Proposed Buffalo National River Master USDA, COE, DOC, EPA, GSA, HEW, HUD, Contact: Dr. Fred H. Tschirley, Acting Plan, several counties. Arkansas, April 20: DOI, and State and local agencies. (ELB Coordinator, Environmental Quality Activ- The statement refers to the proposed mnstor Order No. 40710.) ities, Office of the Secretary, U.S. Depart- plan for the Buffalo National River. The plan Coose Bay-Roseburg Highway, DoUglas ment of Agriculture, Room 331-E, Adminis- includes the acquisition of 95,730 acres of land. The action will result in Inoreased vli,- County, Oreg., May 2: The proposed proj- tration Building, Washington, D.C. 20250, 202-447-3965. tation to the river; approximately 330 area ect involves widening of 3.8 miles of the residents will be displaced duo to the acqui0i- existing Coos Bay-Roseburg Highway from FOREST SERVICr tion. (ELR Order No. 40669.) a two-lane to a four lane highway. The proj- Draft Proposed Elondlko Gold Rush Nm., Wash- ect will provide for four 12-foot travel lanes; Elkhorn Planning Unit, Helena National ington and Alaska, April 20: The statement Forest, Mont., April 22: Proposed Is the Im- refers to the proposed legislative an 8-foot bicycle lane; revision of three designation plementation of a revised multiple use plan of a national historical park of four separato intersections and Installation of a 3-phase for the 95,000 acre Elkhorn Planning unit units to commemorate the Klondike Gold

FEDERAL, REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17123 Rush epic. The proposed park will join at ENVIRONMENTAL PROTECTION EPA File Symbol 4828-UO. ABCO Inc- P.O. the International boundary with the Ca- Box J.Irwin. Pennsylvania 15642. GF-250 nadian Kiondike Gold Rush Park, creating AGENCY DLinfectant-Saniter-Deodarzer.Active the first Canada-United States. interna- [OPP-320V0/571 Ingredients: n-Alkyl (60% C14. 3055 C16, tional historical park. Impact Includes the G% C12, 517 018) dimethyl benzyl am- removal of land from tax rolls; temporary NOTICE OF RECEIPT OF APPLICATIONS monium chlorides 2.5%; n-Alkyl (68% C12, construction disruption; and the effects of FOR PESTICIDE REGISTRATION 21% 014) dimethyl ethylbenzyl ammo- increased visitation (two volumes). (ELR Data To Be Considered In Support of nium chlorides 2.5,%. Method of Support: Order No. 40673.) Applications Application proceeds under 2(b) of in- BUFFAxU OF RECLAMATION terim policy. EPA File Symbol SS$-ENT. Arco Chemical Final On November 19, 1973, the Environ- mental Protection Agency published In Corporation. 4871 North 119th Street, Ml- Gila Gravity Main Channel, Arizona, the FEDERA ISToRa (38 Fn 31862) Its waukeo, Wirconsin 53225. Chlorine Con- April 26: The statement refers to the pro- centrated Tablets for Swimming Pool DL- interim policy with respect to the ad- infection. Active Ingredients: Trichloros- posed rehabilitation and Improvement of the ministration of section 3 (c) (1) (D) of the Gila Main Canal. Included would be the trlazinetrione 99.5%. Methcd of Support: benching of rock cuts, modifying of wash Federal Insecticide, Fungicide, and Ro- Application proceeds under 2(b) of interim Inlet structures, and construction of new denticide Act (FIFRA), as amended (86 policy. maintenance roads. Adverse Impact will In- Stat. 979), and Its procedures for imple- EPA File Symbol 34137-R. BECO Chemical clude the loss of a small seepage pond and mentation. This policy provides that EPA Company. Inc.. 3201-0 N. Alameda Street, some waterline habitat; disturbance to wild- will, upon receipt of every application, Compton. California 90222. BECO Pine Oil life; and changes in aesthetics. Comments publish in the FEDERAL REGISTER a notice Disinfectant. Active Ingredients; Pine O11 made by: DOI, EPA, USDA, COE, and state containing the Information shown below. 60%; Soap 10,3. Method of Support: Ap- and local agencies. (ELR Order No.'40670.) plication pro-ed under 2(b) of Interim The labeling furnished by the applicant policy. BUREAU OF SPORTS =TS-mmr- AND wXDLDIF will be available for examination at the EPA Pile Symbol 3125-EOO. Chemagro Dlvi- Draft Environmental Protection Agency, Room iion of Baychem Corporation, Box 4913. EB-37, East Tower, 401 M.Street, SM., Kaw" City, MIssouri 64120. Dasanit+Di- Bombay Hook National Wildlife Refuge, Washington, D.C. 20460. Sust o 4-2 Spra ConcentrateInsecticide- Kent County, Del., April 26: Proposed Nematicide. Active Ingredients: 0,0- is On or before July 12, 1974, any person the legislative designation of two Islands, who (a) is or has been an applicant, (b) Dlethyl 0 - [4 - (methylsulflnyl)phenyll totalling 120 acres, of the Bombay Hook Na- phosphorothfoate 43%: 0.0-Diethyl S-[2- tional Wildlife Refuge as wilderness within desires to assert a claim for compensa- (ethylthlo) ethyl] phosphorodthloate 21%. the National Wilderness Preservation System. tion under section 3(c) (1) (D) against Method of Support: Application proceeds The option to intensively manage for maA- another applicant proposing to use sup- under 2(c) of Interim policy. mum wildlife production would be foregone portive data previously submitted and EPA File Svmbol 3125-GOO. Chemagro Divi- by the action (47 pages). (ELR Order No. approved, and (c) wishes to preserve his rion of Baychem Corporation. Box 4913, 4066.) opportunity for determination of rea- Kansas City. Mltsouri 64120. Dasanit+Di- WATER sonable compensation by the Administra- Syzan 1053.-5% Granular Inceattdide- INTERNATIONAL BOUNDARY ArM Ieatfclde. Active Ingredients: O,O- CoTiansSIoN tor must notify the Administrator and Dlethyl 0 - [4- (methylsulflnvl)phenyll Contact: Mir. T. R. Martin, ARA/Mex., State the applicant named in the FEDRAL REG- phospborothloate 10%; OO-Diethyl S- Department, Room 3906 A, Washington, D.C. isTEn of his claim by certifled malL Every 12- (ethylthlo)ethyl] phosphorodiths ate 20520,202-632-1317. such claimant must include, at a mini- 5%. Method of Support: Application pro- mum, the information listed in this in- ceda under 2(c) of Interim policy. Draft terim policy published on November 19, EPA File Symbol 10147-GU. BIrko Chemical Corporation. 5600 Brighton Boulevard, P.O. DiegoTijuana County, River Calif., Flood AprilControl 26: Project,The state- San 1973. Applications submitted under 2(a) or Box 1315, Denver. Colorado 80201. Birko ment refers to a proposed' flood control Chemical EBg Wash Chlorinated Cleanser 2(b) of the interim policy in regard to and Sanitizer. Active Ingredents: Th- project on the Tijuana River near the inter- usage of existing supportive data for national boundary with Mexico. Project codlun phosphate, dodecahydrate 90.3%; measures will include 300 feet of concrete registration will be processed In accord- Sodium hypochlorite 3.22%. Methd of -lined trapezoidal channel; a 3,650 foot long ance with existing procedures. Applica- Support: Application proceeds under 2(ck energy dissipator; and 1.3 miles of levee. tions submitted under 2(c) will be held of Interim policy. Adverse Impact will include the loss of some for the 60-day period before commencing EPA Reg. No. 7173-113. Chempar Chemical riparian habitat (75 pages). (EXR Order No. processing. If claims are not received, the Co, Inc.. 260 Madison Avenue, New Yerk 40676.) application will be processed in normal Neow York 100"0. Rool Tracking Powder The following statement was received by if claims are re- for Mice and Rats. Active Ingredients: 2- procedure. However, [(p-chlorophenyl) phenylacetyll 1,3-in- the Council on Environmental Quality on ceived within 60 days, the applicants April 19, 1974, and should have appeared in dandione 0.2%. Method of Support: Ap- CEQ's PsEosAL nE"sTza listing of April 26, against whom the particular claims are plication proceds under 2(c) of interim 1974. Because the statement was erroneously asserted will be advised of the alterna- pollcy. omitted, the commenting period will be cal- EPA Rez. No. "39-2402. Chevron Chnemical culated from April 26. tives available under the Act. No claims Co. 940 HensIev Street. Richmond, C-2i- will be accepted for possible EPA adjudi- forula 94801. DIbrom LVC 10. Active In- TENNEssEE VAL=Y AvTHOITT" cation which are received after July 12, gredlents: Naled 15%: Aromatic Petroleum Contact: Dr. Francis GartreUll, Director of Derivative Solvent 80%. Method of Sup- 1974. port: Application proceeds under 2(c) of Environmental Research and Development, ArLwcATIOs Rrvrn "120 Edney Building, Chattanooga, Tenn. Interim uolicy. 37401, 615-755-2002. EPA Beg. 'No. 275-23. Abbott 1aborator.s, EPA File Svmbol 5549-TI. Coastal Chemical Abbott Park. North Chicago, IllinoLs 600G4. Corp. P.O. Bo'x 856. Greenville. North Caro- Draft Dlpel 150 Dust. Active Ingredients: Bacillus lila 27834. Coastal 2% Zrfethora l Insecti- dde Dust. Active rn!redlents: Methomayl Duck River Project, Supplement, April 19: tlhurlngicnsiso Berliner, Potency of 320 In- The document supplements a final statement (S - methyl - I - I (methvlcarbamoyl) oxyl "which was filed -with the Council on Mlay 8, ternational Units per ag. (at least 0.5 thloacetImIdate 2%. Method of Support: 1972. The supplement, which was prepared in billion viable spores per g.) 0041--. Method Apolication proceed, under 2(c) of interim response to a court order, contains informa- of Support: Application proc.eds under policy. tion on: the Duck River project's impact on 2(c) of interim policy. EPA Pile Symbol 4715-EUE. Colorado IntEr- agriculture; the costs to be paid under the EPA Reg. No. 275-18. Aricultural and Veteri- national Corp, 5321 Dahlia Street, Com- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; nary Products Divison, Abbott Labora- merce City. Colorado 80022. Beot 4 Serris the possibility of a wildlife management area torles, Abbott Park, North Chicaro, Illinois Brand Four-Way Hopital Difrfectant near Normandy Reservoir; and the impact 60004. Dlpel BiologicalInsceticide Wettable Clcancr. Active Ingredlenta: Didecyl dl- of the project on future canoeing and float- Powder. Active Ingredients: Bacillus thu- methyl ammonium chloride 4.55%; Tetra- ing recreational demands (104 pages). (ELR ringcnsls, Berliner, 10,000 International rodium athylenedlaine tetraacetate Order N6: 40688.) Units of Potency per mg. (at least 25 billion 1.G0%; Sodlum carbonate 2.60%; Sodium. GAny L. WmIAN, viable spores per g.) 3.2%. Method of Sup- metasllcate, anhydrous 0.50,. Method of General Counsel. port: Application proceeds under 2(c) of Support: Application proceed3 under 2(b) [FR Doc.74-10948 Filed 5-10-74;8:45 am] interim policy. of Interim pollcy. FEDERAL REGISTER, VOL 39, NO. 93---.IONDAY, MAY 13, 1974 17124 NOTICES

EPA Reg. No. 3313-14 Crouch Supply Com- Home GardenFast Insect Killer.Active In- 1.3-Indandlon,) 0.005%. Method of Sup- pany, Inc.. P.O. Bon 906, Fort Worth, Texas gredients: Tetrametrin Q.250%; Related port: Application proceeds under 2(o) of 7(3101. Crouch. Improved Steep #2-A Liquid compounds 0.034%; (5-Benzyl-3-furyl) interim policy. Acid Sanitizer Concentrate. Active In- methyl 2,2-dlmethyl-S-(2-methylpropenyl EPA Reg. No. 3095-14. Plc Corporation, 20 gredients: Phosphoric Acid 30.00%; Do- cyclopropanecarboxylate 0.106%; Related Sylvan Street. Linden, New Jeoy 07030. decyl Benzene Sulfonic Acid 5.00%. Method compounds 0.014%; Petroleum distillate PiC Mo3quito Coila. Active Ingredients: D- of Support: Application proceeds under 9.000%. Method of Support: Application trns allethrln (allyl homolot of Cincrin 2(c) of interim policy. proceeds under 2 (c) of interim policy. I) 0.25%; VeEgetablo matter & wood fiber EPA File Symbol 14960-E. DAL Industrial EPA File Symbol 2907-RA. Arch C. Heller Co., 65.00%; Pyrethrum constituents 32.00%: Products, 2609 Parvia, Dallas, Texas 75212. P.O. Box 88, Darby, Pennsylvania 19023. Exo Xylene-green 0.35%; Potassium nitrate Dip Quick Kill Fogging Type. Active In- Long Distance Spray Fast Acting Wasp & 0.90%; Sodium BLnzoato 0.50%; Polyethy- gredients: (5-Benzyl-3-furyl)methyl 2,2- Hornet Killer. Active Ingredients: Pyre-' lene Glycol 1.00%. Method of Support: dimethyl - 3 - (2-methylpropenyl) -cycle- thrins 010%; Plperonyl butoxide, technical Application proceeds under 2(c) of in- propanecarboxylate 0.250%; Related com- 0.20%; N-Octylbicycloheptene dicarboxim- terim policy. pounds 0.034%; Aromatic petroleum hy- Ide 0.33%; o-Ysopropoxyphenyl methyl- EPA File Symbol C55-LNG. Prentizs Drur e drocarbons 0.331%; Petroleum distillate carbamate 0.50%; Petroleum distillate Chemical Co., Inc., 363 7th Avenue, New 99.375%. Method of Support: Application 83.87%. Method of Support: Application York, New York 10001. Prentox Encap- proceeds under 2(c) of interim policy. proceeds under 2(c) of interim policy. aulated Rax Powder #A For The Formula- EPA File Symbol 11741-A. D. W. Davies and EPA File Symbol 27995-E. Henry Interdonati, tion of A Rodenticide Bait. Active Ingre- Company. Inc., 3200 Phillips Avenue, Ra- Inc, 295 Northern Boulevard, Great Neck, dients: Warfarln. (3- (a-acotonylbenzyl) -4- cine, Wisconsin 53403. San-A-Kleen 160. Long Island, New York 11021. Strychnine hydroxycounarin) 0.5%. Method of Sup- Active Ingredients: Alkyl (60% C14, 30% Alkaloid Z;.F.X. Powder. Active Ingredients: port: Application proceeds under 2(a) of C16, 5% C12, 5% C18) Dimethyl Benzyl Strychnine Sulfate Pentahydrate 100%. interim policy. Amnmonium Chlorides 1.28%; Alkyl (68% Method of Support: Application proceeds EPA File Symbol 635-LNU. Prontim Drug C12, 32% C14) Dlmethyl Ethylbenzyl Am- under 2 (c) of interim policy. Chemclal Co., Inc., 363 7th Avenue, New monium Chlorides 1.28%; Sodium carbo- EPA File Symbol 407-GTR. Imperial Inc., York, New York 10001. Prantox Encap- nate 2.00%. Method of Support: Applica- P.O. Box 423, Shenandoah, Iowa 51601. Im- sulated Rex Powder #B For The Formula- tion proceeds under 2(b) of Interim policy. perial Ciodrin Insecticide tion of A Rodenticide Bait. Active lngre EPA Emulsifiable. Ac- Reg. No. 3772-8. Earl May Seed & tive Ingredients: Dimethyl phosphate of dients: Warfarin (3-(a-acetonyibenbyl)- Nursery Co., Shenandoah, Iowa 51601. Earl alpha - methyIbenzyl 3-hydroxy-cis-croto- 4-hydroxycournarn) 0.5%. Method of May Chlordane E. C. Active Ingredients: nate 144%; Petroleum hydrocarbons 72.3%. Support: App!ication proceeds under 2(c) Technical Chlordane 4229%; Aliphatic Method of Support: Application proceeds of interim policy. Petroleum Hydrocarbons 53.71%. Method under 2(c) of interim policy. EPA File Symbol 523-TO. Roborts Laborn- of Support: Application proceeds under tortes, 4995 North M.in Street, EPAFile Symbol E Rockford, 2 (c) of Interim policy. 6311-G. K & Chemical Co., 16810 Miles Avenue, Cleveland, Illinois 61101. Roberts Fltygon 2-11 Systcmlo EPA File Symbol 1871-OU. Farmraft, Inc, Ohio 44128. Insecticide. Active Ingredients: lenztone-Mint 7 DisinfectantCleaner. Ac- Diaethoto 8800 SW Commercial Street, Tigard, Ore- (0,0-dimethyl S-(N-methylcarbamoyl- gon 97223. Farmcraft Dust Thuricide-HP tive Ingredients: Alkyl (C14 58%, CIS 28%, C12 14%) methyl) phosphorodithloato) 23.4%: Xy- 216M. Active Ingredients: Bacillus thurin- dimethyl benzyl ammonium chloride 2.0%; Isopropanol 2.0%; Methyl lene 38.4%. Method of Support: Applica- giensi3 Berliner, potency of 480 Interna- tion proceeds under 2 (c) of interim policy. salicylate 0.5%. Method of Support: Appli- tional Units (at least 600 thousand viable cation proceeds under 2(b) of interim EPA File Symbol 572-ElI. Rockland Chemi- spores) per milligram 0.096%. Method of policy. cal Co.. Inc., P.O. Box 204, Caldwell, New Support: Application proceeds under 2(c) Jersey 07006. loclkland Pyrenone Vegetable of interim policy. EPA Reg. No. 1381-5. Land O.Akes. Inc., 2827 Garden Spray. Active In,redienta: Pyreth- EPA File Symbol 279-EITG. FMC Corpora- 8th Avenue South, Fort Dodge, Iowa 50501. Pyrenone Dairy Cattle Spray. Active Ingre- rins 0.02%; Plperonyl Butoxido, technical tion, Agricultural Chemical Division, 100 0.20%; Petroleum distillate 0.08%. Method dionts: Plperonyl Butoxide technical Niagara Street, Middleport, New York of 0.30%; Pyrethrins 0.03%; Mineral Support: Application proccds under 14105. Thioaan 1.5 Toxaphene 6 EC. Active Oil 2(c) of interim policy. 99.67%. Method of Support: Application Ingredients: Endosulfan (Hexachlorohexa- EPA File Symbol 14410-R. Win. Schlueter & hydromethano-2,4,3-benzodiozathiepin ox- proceeds under 2(c) of interim policy. EPA Reg. No. 1381-46. Land O'Lakes, Inc., Son, 301 Nottingham Road, Syracuo, NeW ide) 13.50%; Toxaphene 54.00%. Method of York 13210. Concord Pine Oil Dbiicctant. Support: Application proceeda under 2(c) P.O. Box 423. Fort Dodge, Iowa 50501. Cio- drie 150 Emulsifiable Concentrate. Active Active Ingredients: Pine Oil 75.45%1 Soap of interim policy. 15.19%. Method of Support: Ingredients: Dimethyl phosphate of alpha- Application EPA File Symbol 279-EOTU. FMC Corpora- proce ds under 2(c) of interim policy. tion, Agricultural Chemical Division. 100 methylbenzyl 3 - hydroxy - cis - crotonat Niagara Street, Middieport, New York 1.Ia%; Aromatic Petroleum Hydrocarbons Dated: May 3. 1974. 14105. Pyrenone 50-5 W-9 IntermediateFor 76.9%. Method of Support: Application Aqueous Pressurized Insecticide. Active In- proceeds under 2 (c) of Interim policy. JOHI- B. RITcH, Jr., gredients: Pyrethrins 5.0%; Plperonyl Bu- EPA Pile Symbol 12310-0. Misco International Director,Registration Division. toxide, Technical 50.0%; Petroleum Distil- Chemicals, Inc., 1021 South Noel Avenue, [FR Doc.74-10l13 Filed 5-10-74;8:45 aml late 43.0%. Method of Support: Application Wheeling, Illinois 60090. Glycol Disinfec- proceeds under 2 (c) of interim policy. tant Deodorant Spray. Active Ingredients: EPA File Symbol 279-EOTL. FMC Corpora- Isopropyl Alcohol 28.46%: Trlethylene Gly- FEDERAL COMMUNICATIONS tion Agricultural Chemical Division, 100 col 10.80%; Propylene Glycol 3.0%; Paa- COMMISSION Niagara Street, Middleport. New York disobutylphenoxyethoxyethyl Dimethyl 14105. Captan Terraclor10-10 Soil Treater. Benzyl Anmonium Chloride 0.24%. Meth- [Report 699] Active Ingredients: Captan N-Trichloro- od of Support: Application proceeds under methylthio-4-cyclohexenel,2 - dicarboxim- 2(b) of interim policy. COMMON CARRIER SERVICES Ida 10.00%; Pentachloronitrobenzene EPA File Symbol 259-111. Missouri-Kansas INFORMATION 1 10.00%. Method Of Support: Application Chemical Company, 1708-16 Campbell, Domestic Public Radio Services proceeds under 2(c) of interim policy. Xansas City, Missouri 64108. Balance Dis- Applications Accepted for Filing I EPA Reg. No. 9598-2. Fults Chemical, Inc., infectant and Cleaner. Active Ingredients: P.O. Box 239, 863 Levin Avenue. Tulare, Isopropanot 20%; Triethanolamine dode- MAY 6,1974. California 93274. Icdet Iodine Disinfectant cyl benzene sulfonatQ 4.5%; Soap 3.5%; o- Pursuant to, §§ 1.227(b) (3) and 21.30 and Detergent Sanitizer. Active Ingredi- benzyl-p-chlorophenol 3.0%; o-phenyl- (b) of the ents: Nonylphenox Poly(Ethyleneoxy) Eth- phenol a.0%; Para-Tertiary-Amylphenol Conunizlon's rules, an appl- anol-iodine complex (Provides 1.75% Ti- 1.5%. Method of Support: Application pro- tratable Iodine) 17.0%; Phosphoric Acid ceeds under 2(b) of interim policy. SAll applications listed In the appondLs are 8.0%. Method of Support: Application EPA File Symbol 1812-ERE. Parramore & aubject to further consideration and reviov proceeds under 2(c) of interim policy. Grilflin, PI.O. Box 1W8, Valdosta, Georgia and may be returned and/or dismreod if not EPA File Symbol 59Q5:-GAG;Helena-ChemZca ,31601. Methomill Tobacco Dust. Active In- found to be In accordance with the Commi- Company, 5100 Poplar Avenue, Memphis, gredlents: Methomyl [S-methyl-N-(meth- elon's rules, regulations and other require- Tennessee 38137. Hel-Dust. Active Ingredi- ylcarbamoyl)oxyl thloacetimIdate 2.25%. ment%2 ents: O,O-Dlethyl 0- [3-chloro-4-methyl-2- Method of Support: Application proceeds The above alternative out-off rulto apply oxo-(2H) -1benzopyran-7-yl] phosphoro- under 2(c) of interim policy. to those applications listed in the appondL thoate 1%. Method of Support: Applica- EPA File Symbol 32849-G. The Pest Patrol as having been accepted in Domestic Public tion proceeds under 2(c) of interim policy. Ltd., 4743 North 11th Street, Philadelphia, Land Mobile Radio. Rural Radio, Point-to- EPA File Symbol 2907-RL. Arch C. Heller Pennsylvania 19141. XL-O0. Activo In- Point Microwave Radio and Local Television Co.. P.O. Box 88, Darby, Pennsylvania 19023. gredients: Diphacinone (2-Dipherylacetyl- Transmission Services (Part 21 of the rulc).

FEMDAL REGISTER,. VOL 39, NO'. 93-MONDAY, MAY 12, 1974 NOTICES 1719-5

cation, in order to be considered with any 21311-C2-AL-74. Jercey Information Center, from H to V on freqs. 3770.3M0, 4170.1Hz domestic public radio services applica- Inc. Consent to Assignment of Licenze towards Atomic City, Idaho. on the attached list, must from Jersey Information Center, Inc., as- 4009-Cl-P-74, General Telephone Company tion appearing signor to Vineland Mobile Telephone Com- of the Northwest. Inc. (TF53), PradLise be substantially complete and tendered pany. Assignee. Station: HSW209, Green- Ridge, 3.8 miles SE of Moscow, Idaho. Lat. for filing by whichever date is earlier: wich Township, No.v Jersey. 46*40'42" N. long. 116153'29" V7. C.P. (a) the close of business one business 21312-C2-AP-74, Jerey Information Center, to add freq. 21218H 11, towards a new day preceding the day on which the Inc. Consent to AL.ignent of Permit from point of communlcation at Deary, Idaho. Commission takes action on the pre- Jersey Information Center, Inc, Assgnor 4010-Cl-P-74. Same (New), J, Block South viously filed application; or (b) within to Vreland Mobile Telephone Company. of Fifth on Oregon Street, Deary, Idaho. after the date of the public no- Assignee. Station RWH30G. Salem, Nlew Lat. 46*48'01" N., Long. 11;'33"12" W. CP. 60 days Jersey. for a new station on freq. 2176SH 'MHz tice listing the first prior fmed "applica- 21313-C2-P-74, General Communications towards Platradl Ridge, Idaho. tion (with which subsequent applica- Service. Inc. (KEF328). C.P. to relocate 4011-CI-P.IL-74. Ha.aiian Telephone Com- tions are-in conflict) as havind been ac- facilities operating on 158.70 .3Hz to be pany (KUQ93). Within the operating ter- cepted for filing. An application which located at 4400 E. Broadway, Southern ritory of the grantee. CP. and Mod. of is subsequently amended by a major Arizona Bank Financial Center. Tucson. Licenzs to use portable Hewlett Packard change will be considered to be a newly Arizona. Sweep Generators on freq. 3700-4200, 21314-02-P-74, WflLston Telephone Com- filed application. It is to be noted that &923-9425. and 10.700-11,700 1.1Hz. pany (KrY790). C.P. for additional facill- 4012-C1-R-74. Same (=Q33). Within the the. cut-off dates are set forth in the ties to operate on 152.63 7. located 5.75 entitled operating territory of the grantee. Ap- alternative-applications will be mifles. 58 degrees East of Williston, South plication for Renewal of License for Term: to consideration with those listed in the Carolina. May 23.1974. to May 23.1975. appendix if filed by the end of the 60 21316-C2-TC-(2)-74. Communications En- 4013-Cl-AL-74. The Mountain States Tele- day period, only if the Commission has gineering, Inc. Consent to Transfer of Con- phone and Tolegrah Company. Consent not acted upon the application by that trol from Mary C. Forsberg Harris, Robert to Aslgumont of LIcanse from the Moun- time pursuant to the first alternative Lally, Francis J. Nozek I:. Trnuferors to tai States Telephone -and Telegraph earlier date. The mutual exclusivity Sernco. Inc. (formerly Serendipity, Inc.). Comnany. A_s-gor to Navajo Communi- a California corporation. Transferee. Sta- cation- Comisny, Assignee for Station rights of a new application are governed tions: KWA34 and WB404. Anchorage, any IMPPS--Defllance Plateau, Arizona. by the earliest action with respect to Alaska. 4014-Cl-P-74. The Offshore Telephone Com- one of the earlier filed conflicting appli- 21317-C2-P-74. Rogers Radio Communica- pany (New)., Gulf of Mexico, Block 513, cations. tion Services, Inc. (KTS204). C.P. to add West Cameron Area. Lat. 28*26CI" N., The attention of any party in interest antenna location #6 to operate on 152.24 Long. 9311'53" 7. O F. for a new station desiring to file pleadings pursuant to sec- M.Hz located at 171 Hart Road. Batavia, on freq. 2162.OH '. towards East tion 309 of the Communications Act of Illinois. Cameron Blo: 261 on azimuth 81*21'; 21318-C2-P-74, Chillicothe Communications 1934, as amended, concerning any do- freq. 2178.OV 1l z towards West Cdmeron (New). C.P. for a new 2-way station to Block 537 on animuth 205-5V. mestic public radio services application operate on 162.06 MAz to he located at accepted for filing, is directed to § 21.27 Narrows Road. South of Mount Lcgnn, 4015-CI-P-74. Same (WGI40), Block 261, Fast of the Commission's rules for provisions Cameron Area, Gulf of Mexico. Lat. 23 Chillicothe. Ohio. 28'19'" N. toan. 92054"55" W. C.P. to add governing the time for filing and other Renewal of Licens expiring April 1. 1974. freq. 2112.OH MHz towards Block 513, West requirements relating to such pleadings. Term: April 1, 1074, to April 2, 1979. Cameron on azimuth 261°21'. FEDERAL Co=TuNIcAmoNs New Mferco 4010-CI-P-74. Same (New), Block 587, West 23 COMMISSrON, Associated Telephone Answering Service. Cameron Area, Gulf of Mexico. Lat. 03'39" IT- Long- 93°20'47" W. O-P. for a [sEAL] VINCMT J. MU.LLMS, KUO581. Secretary. new station on freq. 2128.OV Zl1Hz towards Correctfons West Cameron Block 513 on azimuth APPriCATzONs AccEPTED FOR ULnJG 7231-C2-P-73, Nevi Jersy Mobile Telephone 25-54. DOZMSTo PUBLIC LAIM 1Oama1 RADIO SERVICE Company. Inc. (K290). Change the lo- 4017-C1-1.TI-74, American Telephone and 20990-C2-UP-74, Polito Communications, cation of the 454.20 InHz facility to 125 Telegraph Comany (KSA47), Cloverdale, Broad Street, Elizabeth, 1ow Jersey. Alo, Inc. (KUO606). Mod. Permit to change an- 4.0 miles Z of Wheaton (Du Page), Illinois. tenna system operating on 454.050 M change the antenna system. All other particulars of operation to remain as reported Lat. 41"56'03'" N, Long. 88105'57" W. Mod. located at 101 Walnut Street, Rochester, of License to change polarity from H to V New York. on PN #643 dated April 9, 1973. 21058-C2-P-74, Bloomingdale Home Tele- 20133-C2-I:-(2)-74, West Texas Rural Tele- on freq3. 3710. 3790. 3870, 3950, 4030, and phone Company, Inc. (KS3817). C.P. to phone Cooperative, Inc. (KUA223) Correct 4110 Mz towards Plato Center, Illinois, on change antenna system operating on 152.72 to read C.P. for two additional channels on azimuth 236"34"; from V to IE on freqs. MHz located at West side of Main Street at frequencies 454.400 and 454.525 Z for 3730. 3810. 3890, 3970, 4050, and 4130 1, station KUA223. All other particulars to Smith Street, Bloomlngdale, Indiana. towards Plato Center Illinois. 21306-C2-AL-74,- lacom, Inc. (KCA752). remain as reported on PIT -61 dated Consent to Assignment of License from August 13, 1973. 4018-CI-IfL-74. Same (KSA48), Plato Center, (Kane) Illinos. Lat. 42*0110', N., Long. Racom, Inc., Assignor to Yankee Microwave nunaL nrnxo aravicc Corporation, Inc., Assignee. Station: 8"29'02" W. Mcd. of License to change KCA752, Auburn, Maine. 60282-C6-TC-74. Communications Engineer- polarity from V to H on freqs. 3770, 3830, 21307-C2-AL-74, Northern Ohio Telephone Ing. Inc. Consent to Transfer of Control 3930. 4010. 4090, and 4170 LIHz, from H to Company (KQK723). Consent to Assign- from Communications Engineering, Inc., ment of License from Northern Ohio Tele- Transferor to Sernco, Inc. (formerly Ser- V on freqs. 3930, .4070, and 4150 m.Hz to- phone Company. Assignor to General Tele- endipity, Inc.). a California corporation, wards Cloverdale, llinois, on azimuth phone Company of Ohio, Assignee. Station: Transferee. Station: KXP2O, Temporary- 10I'19"; change polarity from V to H on KQK723, Medina, Ohio. fixed. freq. 3830 and from H to V on freq. 4010 21308-C2--P-74, S & H Communications 60283-CG-P/L-74, The Mountain States Tele- UE1z towards Lee, Illinois on azimuth (New). C.P. for a new 2-way station to op- phone and Telegraph Company (Now). C.P. 242"15'. erate on 152.18 1Hz to be located NE of for a new rural sublcriber station to oper- Harvester Rd., & Hwy 36, Chillicothe, ate on 158.01l1MH to be located 20.0 miles 4019-Cl-P-74. Southern Bell Telephone and Misouri. SSE of Polnt-of-Rocls, Wyoming. Telegraph Company (EJG22), Corner SW 21309-C2-P-(2)-74, Yakima County Com- "E" Avenue and State Read #717 Belle PoINT-To-Ponr M.ICIowAVE n"o10 ,IamwcI munications (New). C.P. for a new 1-way Glade (PalmBeach) Florida.Lat.26*41'02", station to operate on 158.70 7, and 35.22 3549-C1-ML-74, American Telephone and W., Long. 6V40'5"5 W. OP..to change freqs. to be located at Ahtanum Ridge, 4 Telegraph Company (KYC3O). Bingham, and tzansmitter to 6226.9V, 6288.V, miles South of Yakima, Washington. Idaho. Mod. of Licenre to change polarity 21310-C2-P-74, Empire Paging Corporation from H to V on freqs. 3730 3810 4130 Al1Hz 6404.8V 1.1Hz towards Loxaatchee. Florida, (KEC933). O.P. to add antenna location towards Mud Lahe. Idaho. on azimuth 90*01"; change transmitter on -2 to operate on 454.150 .Hz at 1 Straw- 3550-Cl-ML-74. Same (KYC29), Birch Creek. freqa. 6226.9V and 6345.5V 11, towards berry Hill Court, Stamford, Connecticut. Idaho. Mod. of License to change polarity Clewiston. Florida, on azimuth 28S*21 ".

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES

4020-C1-P-74, Same (KJG23), 3.3 miles W of DATAPHONE DIGITAL SERVICE , (1) To determine which of the pro- Loxahatchee (Palm Beach) Florida. Lat. posals would, on a comparative basis, bet- 26°41'00" N., Long. 80"19'42" W. C.P. to Notice of Meeting ter serve the public interest. change freqs. and transmitters to 5974.8V, MAY 7, 1974. (2) To determine, in light of the evi- 6034.2V, 6152.8V 3H1z towards Belle Glade, Florida, on azimuth 270"11'; freqs. 5974.8V, A meeting has been called for 9:30 dence adduced pursuant to the foregoing 6034.2V, and 6152.8V MHz towards West a.m., May 21, 1974 in the Commission's Issue which, if either, of the applicationq Palm Beach, Florida, on azimuth 83*55'. Offices for the purpose of obtaining clari- should be granted. 4021-C1-P-74, Same (WDD43), 325 Gardenia fication of AT&T's filing relating to 4. It is further ordered, That, to avail Street, West Palm Beach (Palm Beach), Dataphone Digital Service (DDS). This themselves of the opportunity to be Florida. Lat. 26*42'34" N.. Long. 80*03'11" meeting will afford an opportunity for heard, the applicants herein, pursuant to W. C.P. to change freq. and replace trans- any interested party to raise pertinent § 1.221(c) of the Commisslo's rules, In mitter to freq. 6226.9V, 62862V, and 6404.8V MHz towards Loxahatchee, Florida, questions as an aid in the evaluation of person or by attorney, shall, within 20 on azimuth 264°02'. the use of Data Under Voice, (DUV) fa- days of the mailing of this Order, file 4026-C1-L --74, American Telephone and cilities in the provision of DDS service. with the Commission In triplicate, a Telegraph Company (KGH89), 1.8 ml. E of Representatives of the Bell System will written appearance stating an Intention Eagles Mere, (Sullivan) Pennsylvania. Lat. be present to answer and discuss ques- to apear on the date fixed for the hear- 41°24'23" N., Long. 70°32'41" W. Mod, of tions raised by the parties. Questions Ing and present evidence on the issues License to change polarity from V to H on specified in this Order. freqs. 6177.5, 6226.9. 6286.2, 6345.5, and should be submitted in writing to 6404.8; from H to V 6197.2, 6256.5, 6315.9, Thomas W. Scandlyn, Assistant Vice 5. It is further ordered, That the ap- 6375.2, and 6424.5 MHz towards Elimsport, President plicants herein shall, pursuant to section Pennsylvania, on azimuth 236°39'. American Telephone and Telegraph Company 311(a) (2) of the Communications Act of 4027-C1-P-74, The Ohio Bell Telephone 195 Broadway 1934, as amended, and § 1.594 of the Company (KQN77), Township Rd., 113. 2.8 New York, New York 10007 Commission's rules, give notice of the miles SW of Carroll. (Fairfield) Ohio. Lat. no later than May 14, 1974. Every effort hearing, either Individually or, if feasible 39"46'15" N., Long. 82*44'25' W. C.P. to and consistent with the rules, jointly, change power on freqs. 5937.8H and 10915V should be made to limit the questions to MHz towards Columbus, Ohio on azimuth important elements that will aid the within the time and in the manner pre- , 314o80 . Staff and the parties in their analysis scribed in such rule, and shall advise the 4028-C1-P-74, Same (KVI38), 111 North and preparation of comments by the Commission of the publication of such Fourth Street. Columbus (Franklin) Ohio. parties on AT & T's application for opera- notice as required by § 1.594(g) of the Lat. 39-57'54" N., Long. 82*59"51" W. CY. rules. to change power of freqs. 6189.8H and tional authority. 11365V MHz towards Carroll, Ohio, on azi- FEDERAL COMzUrNICAIONS Adopted: April 25, 1973. muth 134°201. CoMsnSSroN, Released: May 3, 1973. [FR Doe.74-10975 Filed 5-10-74;8:45 am] [SEAL] VINCEr J. MULLINs, Secretary. FEDERAL CorsMMIucaTIo: Co~massiol, CABLE TELEVISION TECHNICAL ADVISORY [FR Doc.74-10974 Filed 5-10-74;8:45 am] [SEAL] WALLACE E. JOINSOll, COMMITTEE PANEL 7 Chief, Broadcast Burcau. Notice of Meeting [Dockets Nos. 2030, 20031; Files Nos. BPH- [FR Doc.74-10976 Filed 5-10-74;8:45 am] [8341, BPH-8472] MAY 2, 1974. WAVV COMMUNICATIONS, INC. AND SELECTIVE SERVICE SYSTEM Pursuant to Public Law 92-463, notice CO. is hereby given of a meeting of the CTAC AVALON BROADCASTING [Temporary Instruction 613-0] Panel 7 Committee on May 16, 1974, to Order Designating Applications for REGISTRANTS PROCESSING MANUAL be held at 2025 M Street, N.W., Wash- Consolidated Hearing on Stated Issues ington, D.C. In Room 6331 (Conference In re applications of WAVV Commu- Mail-In Registration Survay Room). The time of the meeting is 10 nications, Inc., Avalon, New Jersey, a.m. The Registrants Processing Manual Iv Docket No. 20030, File No. BPH-8341; an internal manual of the Selective The agenda Js as follows: Request: 94.3 ML7Z, #232; 3kW (H &V); Service System. The following portion of (1) Chairman's Report. 281 feet. that Manual is considered to be of suffi- (2) Review of Minutes of February 20, Avalon Broadcasting Co., Avalon, New cdent interest to warrant publication In 1974 Meeting. Jersey, Docket No. 20031, File No. BPH- the FEDERAL RXGIsTERa. (3) Review of Pointa Raised at Ohio Meet- 8472; Requests: 94.3 MHz, #232; 3 kW Temporary Instruction No. 613-6. Sub- ing April 23, 1974. (4) Review of First Draft of Final Report. (H & V); 300 feet, for Construction ject: Mail-In Registration Survey. (5) Discussion of Other Areas. Permits. Bymox V. Pnrziom, (6) Establish Milestones for Next Meet- 1. The Commission, by the Chief, Director. Ing. Broadcast Bureau, acting pursuant to A\AY 6, 1974. (7) New Business, delegated authority, has under consid- (8) Establish Date, Time and Place for [Temporary Instruction 013-01 Next Meeting. eration the above-captioned and described applications for construction ,mL-It Rots-mATioi Surv=' Any member of the public may attend permits. APIrL 29, 1074. or may file a written statement with the 2. Except as indicated by the issues 1. To provide State and National Head- Committee either before or after the specified below, the applicants are quali- quarters with initial data by which the effec- meeting. Any member of the public wish- fied to construct and operate as proposed. tiveness of the Mall-In Registration Program ing to make an oral statement must con- However, since- the proposals are mutu- can be evaluated, a one-year survey program sult with the Committee prior to the ally exclusive, they must be designated has been established which will require meeting. Inquiries may be directed to Mr. quarterly reporta from each local board and for hearing in a consolidated proceeding State Headquarters. Cort Wilson, FCC, 1919 M Street, N.W., on the issues specified below. 2. The Mall-In Registration Survey, (SSS Washington, D.C. 20554--(202) 632-9797. 3. Accordingly, it is ordered, That, Form 1-S (Temporary)), with format a'! Dated: April 30, 1974. pursuant to section 309(e) of the Com- shown in the Attachment to this Temporary munications Act of 1934, as amended, Instruction shall be prepared by local boards FEDERAL C0=1UNIcATIONS the applications are designated for hear- to reflect the periods May 1-July 31, Au- CoMnUssIoN. ing in a consolidated proceeding, at a gust I-October "11,November 1-January 31, [SEAL] VmcENT J. MurLIns, and February 1 to April 30, with the reporto Secretary. time and place to be specified in a sub- to be received by the State Headquarters sequent Order, upon the following within five days. of the end of the reporting [FR Doec. 74-10973 Filed 5-10-74;8:45 am] issues: period.

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY. MAY 13, 1974 NOTICES 17127

3. Each State Director shall consolidate the dure a hearing will be held without intervene Is timely filed, or where the quarterly reports from local boards within his further notice before the Commis-ion on Commission on its own motion believae state and prepare a state report to be received all applications in which no petition to that a formal hearing is required, further by National Headquarters, -Operations Divi- intervene Is filed within the time re- notice of such hearing will be duly given. sion, Attention: OOPR, on or before the 15th if the Commission on It- Under the procedure herein'provided of the month following the end of the required herein porting period. own review of the matter believes that a for, unles otherwise advised, it will be 4. This Temporary Instruction will serve as grant of the certificates or the author- unnecezzary for Applicants to appear or the Procedural Directive for SSS Form 1-S ization for the proposed abandonment I- be represented at the hearing. (Temporary). State Directors will receive an required by the public convenience and =nNETH F. PL=a, initial distribution of this form in early Lay. necessity. Where a petition for leave to Secretar. This Temporary Instruction will terminate on May 31, 1975. Docket No. Prtc e BYRON V. tpyNr=rr. and dnto App!Int Purh r d Lcaitin oMi , filed o IeAM-IzN ROI5GTAION SURavE

Local Board C174-0 .... hOar Peto, Tin. ( .cr to Clfm Cclomiao rntc o Oz Co_ a dlvi- 2110 14.C5 -or State Reporting...... (G-45-M) Smervc Oil Co.). 110 Nat1-Ya:'rozt, deicAo Cc!:zzJ Int-ntato Carp. Reporting Period ------to ...... F 4-16-74 LlLeral. Korn. CL,L Grecrzwc -d (Top.ka) hcel, Matm 1. Number of mall-In sites. Coty,la. CI74- ..... HlOar Petro. ITn. (,curne to To d 1 1&11140 2. Number of mall-in cards received dur- (0-IS) Eurcrir Oil Co.) ing peri ...... ------F 4-16-74 3. Number of valid registrations-_ _ C174-57 ...... Diamond Cnirhck Corp. raPhPMnna 3Etrn Pipe Lna Co, 13. C7 I1.65 A. Not requiring follow-up ------m(0C16-720) to Skelly Oil Co.). P.O. Box Cal, acz=-Co In lrmphill Ccunty. Tox. B. Requiring follow-up- - - F 4-16-74 Amarlto. Tex. #1h. C174-574._...._ Edn L. Co (Ornntor) et zL.. Cn Urdted G= Pipc IJr"Co. MFndln Dc-prted 4. Number of fictitious registrations ------(G-14056 First Nnrl hank 1 . Dal'--, Fidd, hlec!o Ccant'. Tem. A. Obvious upon receipt .- B3 4-12k-74 Tex. _,_"i2 B. Determined after follow-up ...... CI74-S G__.... .AerooProductin Co. C n to Panlanda =1tcm Pipa Una Co. L L. 5 5. Number of mal-In cards from Individ- (G-14I2) Exxon Cop.). Scurity ltZ Bh ., Iken-re 0= Are% Beaver Cca ity, F 4-19-74 Denver Co!o. X.Cy. OkLa. uals not required to be registered...... C174-S7&8.... Close Oil Co.. 1r(. to El P=a Naturj OMaCo, San Jmn 323.75 13.625 (CI61-G) Southern Union Pyclucin). 313 B=In, do Anita Ccunty, N. Mc. IFR Doc.74-10949 Filed 5-10--74;8:45 am] F 4-5-74 Wahlntcn. BE., AUqucrqu., N. 'Mcx. 8710S. C174-11-1-.-..... Mobil Oil Ccrp.. 3 Orc-nay rilz ArkarennLalt'-na G=Co- Waftom D Z;te FEDERAL POWER COMMISSION (007) Fast SulteliOW, Hoa:n. TmX r. (llna D.-ca) Fie-U, Harrin B 4-19-74 Ccunty. Tex. [Docket No. C074-560, etc.] C174-S3...... Edwin L. Ca.... Anlarko Predaitlan Co- Intmufato ID'ped - -- (CIGS-1023) Field. Me-ctCunty. V-ac B 4-12-74 AUTHORIZATION TO SELL NATURAL GAS CI74-5&L_... Srkcyr. In., 1170 Fh-.t Nallre.l Natural G Pirolke Co. f Amcrica, ( .. (CI63-577) Center, Oklnabmaa City, OkLa.731-- n.=r Z In Dracy Cout=y. Otkl. Notice -of Applications for Certificates, B 4-18-74 Abandonment of Service and Petitions CI74-.&.5__ Piarid 0ORCo.. '-,00 Firat Nationl MlcW7,-n Wt~ndnn Pipe LUna Co., 132.6o0 = 15 To Amend Certificates I A4-22-74 Bank BId .,DaI2,Tc 7,c. BI-ek U6, EU13r a L Area, offebralniiaa AY 3, 1974. Cl74-2§...... do. IcisnWtnisain Pipe Li=: C0., 32_.0 1'%.6:5 A 4-22-74 Blt:k 171, W-e- Cameren Area, Take notice that each of the Appli- oleoro LouLn. cants listed herein has filed an applica- C174-5S7 .... Poneczr Production Corp.. P.O. B Nanurnl OZ5 Pirtene C 2n eicna. 1.7 14.65 4-2-74' 542, Amarfllo, 'xTm723. Ncrth Lovcdain Fird, harper tion or petition pursuant to Section 7 County. OkL". of the Natural Gas Act for authorization C14-5i-.... The AT=an Co.. P.O. Dmneror 1awe, United Uan Pi Ine Co., Eowe Dn-p!:tca Fidd. Jim WVels Ccunmy. Tmx sell natural gas ininterstate commerce B(C5T2-4) 4-19-74 AleeT,Teax. . to C174-59.7... or to abandon service as described here- 3n Oil Co.. P.O. Bo 17-5, Oktl> Cclumati Gas Tz'rmnmiaa Ccrp., Dapdztcd in, all as more fully described in the (0165-152) bona City. 01:13.0311. Wblaton D-Irlzzt, Eanawha B 4-24-74 County. W. Va. respective applications and amendments 174- 1-..... lean Paul Getty. Teattee. P.O. B,x Phillip Petroleum Co., Crttna W. ( which are on file with the Commission (0-1(342) 14H1, Hearton, Tex. 77"r. Ultcli Unit, Ta County, 0k". and open to public inspection. B 4-2-74 person desiring to be heard or to Any 1sub cet to upward and downward Btu adlai-r.nt. make any protest with reference to said 2 Sablect to upward Btu adlustizentt; t-lteI ciltaft-cn 2.P5 ecan s pee .!...". applications should on or before May 30, 2 The Pankratz No. 1-33 Well lonatcd in Dewcy Cunty, Otkis, did rnt etaflfy 6 coa__c.ra-m i nra z 174, file with the Federal Power Com- being sod or purchased thcr-ofrra. 4Applicant proprans to cover Its awea tnt=ret In ta!C31 erral zz tmaor Oancafe taoto=a by AJ.M- mission, Washington, D.C. 20426, peti- Ltd. number 2. now b older of a SMinn11rradir eTlE-I0. tions to intervene or protests in accord- 'Applicant is %iffilrrgto azcept a crtlloato dill Icrto tbo rrp3 mabl=reram ance with the requirements of the Com- *Aoroa a=lacd to the purclrr. Filing code: A-nltlal rorvice. mission's rules of practice and procedure B-Abandonment. (18 CFR f.8 or 1.10). All protests filed C-Amendinent to Cld cnronc. with the Commission will be considered D-Amendmcnt toddto =cronyo. E-Sucen:Ion. by it in determining the appropriate ac- F-Partial rsueceorn. tion to be taken but will not serve to See footnotes at end tf tnat. make the protestants parties to the pro- [FR Do.74-1077 Piled 5-10-74;8:45 am] ceeding. Persons wishing to become parties to a proceeding or to particiate as a party in any hearing therein must file [Docket No. R174-217] tural Gas Pipeline Company of America petitions to intervene in accordance with under Its FPC Gas Rate Schedule No. 5 AIKMAN BROTHERS NW, Quinan the Commission's rules. from the Zaerr Gas Unit, Take further Notice of Petition for Special Relief Field, Woodward County, Oklahoma. The notice that, pursuant to M G.,1974. petition Is based upon the escalation in the authority contained in and subject to costs of materials, labor, and services in the jurisdiction conferred upon the Fed- Take notice that on April 25, 1974, the oil and gas industry and the current eral Power Commission by sections 7 and Aikman Brothers (Petitioner), 1204 enerV7 crisis. 15 of the Natural Gas Act and the Com- Vaughn Building, Midland, Texas 79701, Any person deiring' o be heard or to mission's rules of practice and proce- filed a petition for special relief in Docket make any protest with reference to said No. RI74-217, seeking a rate above the petition should on or before May 28, 1974 1This notice does not provide for consoll- applicable area ceiling under Opinion file with the Federal Power Commission, dation for hearing of the several matters No. 586. Petitioner seeks a price of 22.0 covered herein. cents per Mcf for the Sale of gas to Na- Washington, D.C. 20426, a petition to

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 No. 93-Pt. I-6 1712S NOTICES intervene or a protest in accordance with jurisdictional sales and service by certain wells in Hemphill and Roberts the requirements of the Commission's $373,776, based upon the twelve-month Counties, Texas, and Woodward County, rules of practice and procedure (18 OFR period ending December 31, 1973, as ad- Oklahoma, to receive under an exchange 1.8 or 1.10). All protests filed with the justed for known and measurable agreement with Arkla, dated June 11, Commission will be considered by it in changes in its costs and revenues. 1971, up to 10,000 Mcf per day of natural determining the appropriate action to be Since the present rates became effec- gas from three points in Hemphill taken but will not serve to make the pro- tive, the Company has experienced in- County and one point In Woodward testants parties to the proceeding. Any creases in the costs of capital, labor, ma- County, and to deliver to Arkla an equiv- party wishing to become a party to a terials and taxes. CKP states that the alent amount of gus at points In Reno proceeding, or to participate as a party proposed rates are necessary to provide and Rice Counties, Kansas, and Caddo in any hearing therein, must file a peti- the Company with a fair return on" its County, Oklahoma. Arkla was to pay a tion to intervene in accordance with the investment so as to maintain the finan- transportation charge of 6 cents per Mct Commission's rules. cial integrity of the Company and enable of gas, although it was not clear for MARY B. KInD, it to continue to provide its customers which volumes of gas Arlda was to pay. Acting Secretary. with safe and adequate service. CKP re- Said agreement was to continue for two [FR Doc.74-10907 Filed 5-1G-74;8:45 am] quests an effective date of June 1, 1974. years fiom November 1, 1971, or until Copies of this filing were served upon Arkla constructed its own facilities for the Company's only jurisdictional custo- transporting gas from said areas, which- [Docket No. R174-2181 mer, Sunflower Electric Cooperative, and ever came first. The amending order Is- All(MAN BROTHERS upon the State Corporation Commission sued January 11, 1974, provided for Peti- of the State of Kansas. tioner to deliver gas to Arkia, as part of Notice of Petition for Special Relief Any person desiring to be heard oi to the exchange, from the MuCulloch-Stato MAY 6,1974. protest said filing should file a petition Well in Hemphill County and for the to intervene or protest with the Federal parties to continue the exchange until Take notice that on April 25, 1974, Aik- March man Brothers, (Petitioner), 1204 Vaughn Power Commission, 825 North Capitol 31, 1978. Said order clarified that Building, Midland, Texas 79701, fied a Street, NE., Washington, D.C. 20426, in Arka was to pay a transportation charge petition for special relief in Docket No. accordance with §§ 1.8 and 1.10 of the of 6 cents per Mef for the volume of gas RI74-218 seeking a rate above the appli- Commission's rules of practice and delivered only at the three Hemphill cable area ceiling under Opinion No. 586. procedure (18 CPR 1.8, 1.10). All such County points at which Arlda delivered Petitioner seeks a price of 22.0 cents per petitions or protests should be filed on gas to Petitioner. Mcf for the sale of gas to Natural Gas or before May 21, 1974. Protests will be Petitioner herein requests, pursuant to Pipeline Company of America under its considered by the Commission in deter- a further amendment to the June 11, FPC Gqs Rate Schedule No. 20 from the mining the appropriate action to be 1971, exchange agreement, authority to Ames Gas Unit, Quinlan Field, Wood- taken, but will not serve to make pro- construct and operate two additional ward County, Oklahoma. The petition is testants parties to the proceeding. Any delivery points on its pipeline In Woods based upon the escalation in costs of person wishing to become a party must and Ellis Counties, at a combined cost materials, labor, and services in the oil file a petition to intervene. Copies of this of $10,200, in order to receive gas from and gas industry and the current energy application are on file with the Commis- Arkla; and to operate, as an additional crisis. sion and are available for public point of delivery, existing facilities, con- Any person desiring to be heard or to inspection. structed pursuant to budget-type author- make any protest with reference to said MARY B. KID, ity granted by the Commission order Is- petition should on or before May 28, Acting Secretary. sued on November 6, 1973 (50 FPC .... ), - which facilities are connected to 1974 fie with the Federal Power Com- [FIe Doc.74-10910 Filed 5-10-74;0:45 am] the mission, Washington, D.C. 20426, a peti- Shaller Well In Hemphill County, In tion to intervene or a protest in accord- order to receive for Arlda's account ance with the requirements [Docket No. CP72-151 Arkla's share of the production from the of the Com- Shaller Well lease. mission's rules of practice and procedure CITIES SERVICE GAS CO. (18 CFR 1.8 or 1.10). All protests filed Petitioner states that Artla has filed with the Commission will be considered Notice of Petition To Amend in Docket No. CP72-9 a petition to by it in determining the appropriate ac- MAY 6, 1974. amend further the November 1, 1971, tion to be taken but will not serve to make Take notice that on April 22, 1974, order by permitting Arkla to receive for the protestants parties to the proceeding. Cities Service Gas Company (Peti- Petitioner's account, pursuant to the Any party wishing to become a party to tioner), P.O. Box 25128, Oklahoma City, further amendment to the June 11, 1971, a proceeding, or to participate as a party Oklahoma 73125, filed in Docket No. agreement, the 12.5 percent interest in any hearing therein, must file a peti- CP72-15 a petition to amend further committed to Petitioner from the MeCul- tion to intervene in accordance with the the order of the Commission issued in loch-Wright Well In Hemphill County. Commission's rules. said docket on November 1, 1971 (46 Petitioner further proposes that Arklia pay to Petitioner, under said further MARY B. KIDD, FPC 1110), as amended July 17, 1972 (48 Acting Secretary. FPC 102), April 20, 1973 (unreported), amendment to the exchange agreement, and January 21, 1974 (51 FPC -), pur- , transportation charge of 6 cents per [FR Doc.74-10908 Filed 5-10-74;8:45 am] suant to section 7(c) of the Natural Gas Mcf for each Mcf of exchange gas trans- Act authorizing an exchange of natural ported by Petitlone from all seven ex- [Docket No. E-8755] gas between Petitioner and Arkansas change points at which Arkia delivers gas to Petitioner after deducting there- CEf4TRAL KANSAS POVER Louisiana Gas Company (Arka), by au- CO., INC. thorizing the construction and operation from the volumes of exchange gas de- Notice of Filing of Proposed FPC Electric of additional points of delivery and a livered by Petitioner to Arkla at the ex- Tariffs modification in the transportation change point In Caddo County, and the MTaY 6, 1974. charge paid under the exchange agree- McCulloch-State and McCuloch-Wright Take notice that Central Kansas ment, all as more fully set forth in the exchange points in Hemphill County. Power Company, Inc., (CKP) on April petition to amend, which is on file with Any person desiring to be heard or to 30, 1974, tendered-for filing a-proposed the Commission and open to public make any protest with reference to said change in its existing FPC Electric inspection. application should on or before May 28, Tariff, together with a proposed initial By the order issued on November 1, 1974, file with the Federal Power Com- rate to its existing wholesale customer 1971, as amended by the orders issued mission, Washington, D.C. 20426, a pe- for service in excess of the amount cov- July 17, 1972 and April 20, 1973, Peti- tition to intervene or a protest in ac- ered by such existing tariff. The proposed tioner was authorized, in order to aid cordance with the requirements of the rate filing would increase revenues from Arkla in transporting natural gas from Commission's rules of practice and pro-

FEDERAL REGISTER, VOL. 39, NO. 93--AONDAY, MAY 13, 1974 NOTICES 17129 cedure (18 CFR 1.8 or 1.10) and the to Washington Gas at existing points of [Docket No. cPvs-7o1 regulations under the Natural Gas Act delivery in Washington Gas' market COLUMBIA GULF TRANSMISSION CO. (18 CFR 157.10). All protests filed with area. Applicant states that Washington the Commission will-be considered by it Gas has requested that Applicant in- Notice of Amendmentto Application in determining the appropriate action to crease the existing exchange service from M&" 6, 1974. be taken but will not serve to make the 35,000 Mcf of gas per day to 50,000 Mcf Take notice that on April 22, 1974, protestants parties to the proceeding. of gas per day. Applicant indicates that Columbia Gulf Transmission Company Any person wishing to become a party it is willing to provide the expanded (Applicant), P.O. Box 683, Houston, to a proceeding or to participate as a service to Washington Gas and indicates 77001, N . party in any hearing Texas filed In Docket CP73-70 therein must file a that the terms and conditions of the new an amendment to its application cur- petition to intervene in accordance with exchange detailed under an April 9.1974, rently pending before the Commission in the Commission's rules. agreement between Applicant and Wash- ington said docket, which application requests M.ay B3. KmN, Gas will be Identical to the exist- a certificate of public convenience and Acting Secretary. Ing agreement except for the volumes exchanged. The application states that necL-ty pursuant to section 7(c) of the [FR Doc.7--10911 Filed 5--10-74;8:45 am] Natural Gas Act for authorization to no change Is contemplated In the basis of exchange and transport natural gas, by Applicant's charges to Washington Gas proposing an additional delivery point - Docket Ko. CP74-269] and that the identical unit rate is maintained and applied to the proposed In- for said exchange of natural gas and COLUMBIA GAS TRANSMISSION CORP. additional delivery volumes, all as more crease in exchange volumes. fully set forth in said amendment to the Notice of Application Applicant estimates that the cost of the proposed construction, including application, which Is on file with the M&Y 6, 1974. Commission filing fees is $2,710,000, Commission and open to public inspec- Take notice that on April 19, 1974, .which cost will be flnanced by the Cale tion. Columbia Gas Transmission Corpora- of securities to Applicant's parent com-- In Its application Applicant proposed, tion (Applicant), 1700 MacCorkle Ave- pany, Columbia Gas System. Inc. Ap- pursuant to an agreement between Ap- nue, SE, Charleston, West Virginia plicant also indicates that the estimated plicant and Amoco Production Company 25314, filed in Docket No. CP74-269 an net debit to retirement due to the pro- (Amoco), dated July 31, 1972, to take. application pursuant to sections 7 (b) posed retirement of the 20.1 miles of 26- natural gas into Its pipeline system for and (c) of the Natural Gas Act for a inch pipbllne will be $1,468,105. the account of Amoco at two points in certificate of public convenience and Any person desiring to be heard or to Vermilion Parish, Louisiana, and to de- necessity authorizing the construction make any protests with reference to said liver said gas into the pipeline system of and operation of a natural gas trans- application should on or before May 28, Florida Gas Transmission Company mission loop replacement pipeline and 1974, file with the Federal Power Com- (Florida Gas) at the point near Judice, an increase in the volumes of natural mission, Washington, D.C. 20426, a pe- Lafayette Parish, Louisiana, where Ap- gas exchanged by it with Washington tition to intervene or a protest In ac- plicant's pipeline and Florida Gas! pipe- Gas Light Company (Washington Gas) cordance with the requirements of the line intersect at a price of 0A34 cent- all as more fully set forth in the appli- Commission's rules of practice and proper Mcf of gas. cation which is on file with the Com- cedure (18 CFR 1.8 or 1.10) and the Applicant states that its athlate, mission and open to public inspection. regulations under the Natural Gas'Act Columbia Gas Transmission Corporation Applicant proposes to construct and (18 CFR 157.10). All protests filed with (Columbia), has entered into a gas pur- operate approximately 8.4 miles of 36- the Commission will be considered by chase and sales agreement with Amoco inch transmission pipeline loop in it in determining the appropriate action providing for the purchase and sale for LDudoun County, Virginia, replacing ap- to be, taken but will not serve to make resale of 50 percent of Amoco's avail- proximately 20.1 miles of existing 26- the Protestants parties to the proceed- able gas from the Lake Boudreaux Field, inch gas transmission pipeline, which ing. Any person wishing to become a Terrebonne Pari.s, Louisiana, provided has experienced failures during opera- party to a proceeding or to participate a certificate of public convenience and tion and testing, in the same county. as a party in any hearing therein must necessity satisfactory to the parties is Applicant alleges that the capacity of the file a petition to intervene in accordance Issued in this docket, as amended. Appli- j)roposed line is sufficient to replace the with the Commission's rules. cant further states that it has been re- loss in capacity due to'the retirement Take further notice that, pursuant to quested to transport such gas for Colum- of the 20.1 miles of pipeline and that the teh authority contained in and subject bia and Intends to attach the Lake new capacity will be sufficient to permit to the Jurisdiction conferred upon the Boudreaux reserves to its existing trans- the proposed increase in service to Federal Power Commission by sections mission system by constructing gas pur- Washington Gas. 7 and 15 of the Natural Gas Act and the chase facilities under Its budget-type Applicant states that it was authorized Commission's rules of practice and pro- authorization in Docket No. CP74-88. by the Commission in Docket No. CP71- cedure, a hearing will be held without In connection with said purchase and 198 on April 26, 1971 (45 FPC 600), to further notice before the Commission on sale for resale of gas, Applicant proposes, provide an exchange service to Wash- this application If no petition to inter- pursuant to an amendment, dated ington Gas pursuant to a letter agree- vene Is filed within the time required March 7, 1974, to the exchange and ment between Washington Gas and Ap- herein, If the Commission on Its own transportation agreement of July 31, plicant dated December 15, 1970, -which review of the matter finds that a grant 1972, to transport for Amoco through agreement is on file with the'Commis- of the certificate and permission and Applicant's facilities the 50 percent of sion as Applicant's Rate Schedule X-30 approval for the proposed abandonment gas from the Lake Boudreaux Field in its FPC Gas Tariff, Original Volume are required by the public convenience which is not committed to Columbia and No. 2. Applicant indicates that it receives and nec-sAty. If a petition for leave to redeliver said gas to Florida Gas for 35,000 Mef of gas per day from Wash- intervene is timely filed, or if the Com- Amoco's account at the Judice delivery ington Gas' subsidiary, Hampshire Gas mission on Its own motion believes that point at a price of 2.23 cents per Mec Company, at Applicant's Lost River a formal hearing is required, further of gas. Compressor Station in Hardy County, notice of such hearing will be duly given. Any perszon desiring to be heard or to West Virginia, and that Applicant si- Under the procedure herein provided make any protst with reference with multaneously delivers equivalent volumes for, unless otherwise advised, it will be sid anfeidment houtld- on or before unnecessary for Applicant to appear or May 28, 1974, file with the Federal Power 2The application indicates that 21,634 feet be represented at the hearing. Com.mssion, Washington, D.C. 20426, a of 26-Inch pipe will be removed, 32,777 feet MAny B. HD, petition to intervene or a protest in, qc- of 26-inch pipe will be utilized In place as Acting Sccretary. cordance with the requirements of the ground bed, and the remaining 51.458 feet Commisszion's rules of practice and proof 26-Inches pipe will be retired In place. [FR Doc.74-10309 Filed 5-0-74;8:4, am] ceduro (18 CFR 1.8 or 1.10) and the

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17130 NOTICES , regulations under the Natural Gas Act (1) To construct and operate approxi- [Docket No. C174-6891 (18 CFR 157.10). All protests filed with mately 2,500 feet of 8-inch pipeline to CONTINENTAL OIL CO. the Commission will be considered by it interconnect their respective bipellne fain determining the appropriate action to cilities in the Tioga storage area, in or- Notice ofApplication' be taken but will not serve to make the der to maintain an open system that will MAY 6, 1974. protestants parties to the proceeding. equalize pressures throughout the field, Take notice that on April 22, 1974, Any person wishing to become a party to (2) To revamp their existing pipeline Continental system to permit operation throughout Oil Company (Applicant), a proceeding or to participate as a party P.O. Box 2197, Houston, Texas '77001, in any hearing therein must file a peti- both areas of the pool at 1,500 psig; filed in Docket No. C174-589 an application to intervene in accordance with the (3) Toreclassify their respective base tion pursuant to section 7(c) Commission's rules. Persons who have gas storage inventories in the pool from of the heretofore filed petitions to intervene or 5 million Mcf for North Penn and Natural Gas Act for a certificate of pub- protests need not file again. 4,720,225 Mcf for Consolidated to 6 mil- lic cornvenience and necessity authoriz- lion Mcf for each; ing the sale for resale of natural gas MARY B. KDD, (4) To increase storage turnover capa- in interstate commerce to Texas Gas Acting Secretary. bility from 5.9 million Mcf for North Transmission Company (Texas Gas) [FR Doc.74-10912 Filed 5-10-74;8:45 am] Penn and 6 million Mcf for Consolidated from the Block 217 Field, Eugene Island Area, offshore, Louisiana, and delivery of to 9 million Mcf for each. said gas to Michigan Wisconsin Pipe [Docket No. CP74-2681 In addition, North Penn intends to con- Line Company, all as more fully set forth CONSOLIDATED GAS SUPPLY CORP. AND struct approximately 15,450 feet of 6- in the application, which Is on file with NORTH PENN GAS CO. inch and 400 feet of 8-inch pipeline to the Commission and open to public In- connect 8 additional wells for active stor- spection. Notice of Joint Application age. Applicant states that It commenced MAY 6, 1974. Applicants estimate the cost of these the sale of gas to Texas Gas within the Take notice that on April 18, 1974, facilities to be $1,640,465 for Consolidated contemplation of § 157.29 of the regula- Consolidated Gas Supply Corporation to be financed from funds on hand and tions under the Natural Gas Act (18 CFIM (Consolidated), 445 West Main Street, funds to be obtained from Consolidated's 157.29) and proposes to continue said Clarksburg, West Virginia 26301, and parent corporation, Consolidated Natural sale after the end of the emergency per- North Penn Gas Company (North Penn), Gas Company, and $851,730 for North iod for one year at 50.0 cents per Mof at 76-80 Mil Street, Port Allegany, Penn- Penn to be financed from funds on hand. 15.025 psia, subject to upward and down- sylvania 16743, filed in Docket No. CP74- Any person desiring to be heard or to ward. Btu adjustment from a base of 268 a joint application pursuant to sec- make any protest with reference to said 1,000 Btu per cubic foot of gas, within tion 7(c) of the Natural Gas Act for a application should on or before May 24, the contemplation of § 2.70 of the Com- certificate of public convenience and ne- 1974, file with the Federal Power Com- mission's general policy and Interpreta- cessity authorizing the joint operation mission, Washington, D.C. 20426, a pe- tions (18 CFR 2.70). Applicant is willing and further 'development of the Tioga tition to intervene or a protest in ac- to accept a certificate conditioned to a Storage Pool,, Tioga County, Pennsyl- cordance with the requirements of the price of 45.0 cents per Mcf. Applicant es- vania, all as more fully' set forth in the Commission's rules of practice and proce- timates monthly deliveries of gas to application, which is on file with the dure (18 CFR 1.8 or 1.10) and the regula- Texas Gas at 30,000 Mcf. Commission and open to public inspec- tioris under the Natural Gas Act (18 CFR Any person desiring to be heard or to tion. 157.10). All protests filed with the Com- make any protest with reference to said Applicants state that the Tioga Stor- mission will be considered by it in deter- application should on or before May 28, age Pool consists of the Palmer Storage mining the appropriate action to be 1974, file with the Federal Power Com- Pool (West End Tioga), which has been taken but will not serve to make the pro- mission, Washington, D.C. 20426, a peti- operated by North Penn or its predeces- testants parties to the proceeding. Any tion to intervene or a protest in accord- sor in interest, Allegany Gas Company, person wishing to become a party to a ance with the requirements of the Com- under Commission order issued March proceeding or to participate as a party mission's rules of practice and procedure 16, 1943 (3 FPC 943), and the Boom in any hearing therein must file a peti- (18 CFR 1.8 or 1.10). All protests filed Storage Pool (East End Tioga), which tion to intervene in accordance with the with the Commission will be considered has been operated by Consolidated or its Commission's rules. by It in determining the appropriate predecessor in interest, New York State Take further notice that, pursuant to action to be taken but will not serve to Natural Gas Corporation, under Com- the authority contained in and subject make the protestants parties to the pro- mission Orders issued on October 27, to the jurisdiction conferred upon the ceeding. Any person wishing to become "1942 (3 FPC 844), September 12, 1945 Federal Power Commission by sections a party to a proceeding or to participate (4 FPC 1047), March 29, 1950 (9 FPC 7 and 15 of the Natural Gas Act and as a party in any hearing therein must 620), and January 2, 1958 (19 FPC 5). the Commission's rules of practice and file a petition to intervene In accordance Applicants state further that these stor- procedure, a hearing will be held without with the Commission's rules. age pools are in geological communica- further notice before the Commission on Take further notice that, pursuant to tion, which fact has resulted in the mi- this application if no petition to inter- the authority contained in and subject gration from time to time of gas toward vene is filed within the time required to the jurisdiction conferred upon the that portion of the pool which was being herein, if the Commission on its own re- Federal Power Commission by sections 7 operated at a lower pressure, thereby de- view of the matter finds that a grant of and 15 of the Natural Gas Act and the priving the applicant whose gas had mi- the certificate is required by the public Commission's rules of practice and pro- grated of the full turnover capability of convenience and necessity. If a petition cedure, a hearing will be held without its inventory. for leave to intervene is timely filed, or further notice before the Commission on In order to permit each applicant to if the Commission on its own motion this application if no petition to Inter- make full use of its storage capability, believes that a formal hearing is re- vene Is filed within the time required Applicants propose to connect their required, further notice of such hearing herein, if the Commission on its own respective pipeline facilities and to operate will be duly given. view of the matter finds that a grant of jointly the said portions of the Toga Under the procedure herein provided the certificate Is required by the public Pool, pursuant to p4r. Wement,,effeqtive fdi, unless otherwise advised, it will be convenience and necessity. If a petition January 1, 1974, although each applicant unnecessary, for Applicants to appear or for leave to intervene Is timely filed, or If will remain in full control and ownership be represented at the hearing. of all facilities which it has previously the Commission on Its own motion, be- constructed and proposes to construct. MARY B. KIDD, lieves that a formal hearing Is required, In furtherance of the above scheme, Acting Secretary. further notice of such hearing will be Applicants propose the following: [FR Doc.74-10914 Filed 5-10-74;8:45 am] duly given.

FEDERAL REGISTER, VOL 39, NO. 93--,ONDAY, MAY 13, 1974 NOTICES 17131

Under the procedure herein provided an application pursuant to section 7(c) tion to be taken but will not serve to for, unless otherwise advised, it will be of the Natural Gas Act for a certificate make the protestants parties to the pro- unnecessary for Applicant to appear or of public convenience and necessity au- ceeding. Any person wishing to become a be represented at the hearing. thorizing Applicant to transport natural party to a proceeding or to participate as MTAY B. KInD, gas in interstate commerce for Occlden- a party in any hearing therein must file Acting Secretary. tal Petroleum Corporation (Occidental), a petition to intervene in accordance with all as more fully set forth in the appli- the Commission's rules. [FR Doc.74--10913 Fild 5-10-74;8:45 am] cation which is on file with the Commis- Take further notice that, pursuant to sion and open to public inspection. the authority contained in and subject [Docket No. E-7769] Applicant states that in the early part to the jurisdiction conferred upon the of 1966, Lumar Gas Corporation (Lumar) Federal Power Commission by sections 7 DELMARVA POWER & LIGHT CO. borrowed $150,000 from Occidental for and 15 of the Natural Gas Act and the Notice of Tendered Tariff Sheets use in the construction of 8.6789 mles of Commission's rules of practice and pro- MAY 6,' 1974. 8-inch pipeline from the Lacal Field, cedure, a hearing will be held without Take notice that on April 12, 1974, Del- Willacy County, Texas, to a connection further notice before the Commission on marva Power and Light Company (Del- 'with Texas Eastern Transmission Cor- this application if no petition to inter- marva) tendered the followir.g revised poration's 30-inch transnssion line in vene is filed within the time required tariff sheets for filing with the Commis- Hidalgo County, Texas. Under the terms herein, If the Commission on Its own re- sion: of the loan agreement Lumar was to view of the matter finds that a grant of repay such monies, including interest cal- the certificate Is required by-the public Delmarva Power & Light Company: culated at a rate of 5, percent per First Revised Leaf No. 6-1PC Electric convenience and necessity. If a petition Tariff Volume No. 4 annum, to Occidental with repayment to for leave to intervene Is timely fied, or if Supplement No. 2 to Rate Schedule FPC b made at the rate of one cent per Mcf the Commission on its own motion be- No. 35 of gas transported through said 8-inch lieves that a formal hearing Is required, Delmarva Power & Light Company of Mary- pipeline produced by Occidental, Its as- further notice of such hearing will be land: sociates, and others from leases held by duly given. First Revised Leaf No. 6-FPC Electric them in the Lacal Field, which gas would Under the procedure herein provided Tariff Volume No. 4 subsequently be sold in interstate con- for, unless otherwise advised, It will be Delmarva states that this filing is be- merce. unnecessary for Applicant to appear or ing made pursuant to the Commission Applicant states that it acquired the be represented at the hearing. subject pipeline from Lumar and order of April 1, 1974, in this docket and has MARY B. EMDa, that the changes reflecfed in the tariff continued to transport gas in accordance Acting Secretary. sheets will be effective March 1, 1973, as with the terms of the loan agreement required in that order. Delmarva states between Lumar and Occidental as de- [PR Doc.74-10316 Filed 5-10-74;8:45 am] further that a revised fuel adjustment scribed above. Applicant states further clause will be prepared and filed, as re- that $50,000 of the loan Is still due and [Dockot No. Co7-420] quired by Ordering Paragraph (B) of the owing Occidental. Applicant asserts that Commission's April- 1, 1974 order, as inasmuch as Occidental, its associates, KILROY PROPERTIES INC. promptly as such clause can be drafted and others are currently producing only Notice of Petition To Amend and the supporting material completed. 5,000 Acf of gas per day from the Lacal At that time, Delmarva states, the fuel Field, repayment of such indebtedness MAY 6,1974. adjustment clause in Supplement No. 2 solely on the basis of the original rate of Take notice that on April 24, 1974, to Rate Schedule FFC No. 35 will be re- one cent per Mcf of such production Milroy Properties Incorporated (Peti- vised and fied as well. transported is doubtful. Applicant, there- tioner), 1908 First City National Bank Any person desiring to be heard or to fore, requests authorization to transport Building, Houston. Texas 77002, filed in protest said application should file a pe- gas produced by Occidental in the Lacal Docket No. CI73-620 a petition to amend tition to intervene or protest with the Yield for a transportation charge of one the order of the Commission issued in Federal Power Commission, 825 North and one-half cents per Mcf for all gas so said docket on May 4. 1973 (unreported), Capitol Street, NE, Washington, D.C. transported for delivery to Texas Eastern pursuant to section 7(c) of the Natural 20426, in accordance with §§ 1.8 and 1.10 for resale in interstate commerce until Gas Act granting a certificate of public of the Commission's rules of practice and such indebtedness is satisfied and for a convenience and necessity authorizing procedure (18 CFR 1.8, 1.10). All such transportation charge of one-half cent the sale for resale and delivery of natural petitions or protests should be filed on or per Mcf transported thereafter, pursuant gas in Interstate commerce to United Gas before May 16, 1974. Protests will be con- to an agreement between Applicant and Pipe Line Company (United) from the sidered by the Commission in determin- Occidental dated December 29. 1972. Lake Hatch Field. Terrebonne Parish, ing the appropriate action to be taken, Applicant indicates that Occidental Louisiana. by permitting said sale to con- but will not serve to make protestants has filed an application in Docket No. tinue for an additional year at an in- parties to the proceeding. Any person C174-260 requesting a limited tehm cer- creased price, all as more fully set forth wishing to become a party" must file a tificate authorizing such a sale of up to in the petition to amend, which Is on file petition to intervene. Copies of this ap- 5,000 Alcf of gas per day at 45 cents per with the Commission and open to public plication are on-file with the Commission Mcf at 14.65 psia to Texas Eastern, which inspection. and are available for public inspection. gas may be delivered by Applicant for The order of May 4. 1973, authorized Occidental. Applicant states that It is Petitioner to sell to United up to 2,000 MAUY B. KIMD, currently transporting 4,000 Mcf of gas M cf of natural gas per day from the sub- Acting Secretary. per day through the subject pipeline for ject acreage for one year ending May 4, [FR Doc.74-10915 Filed 5-10-74;8:45 am] Occidental. 1974, at a rate of 45.0 cents per Mcf at Any person desiring to be heard or to 15.025 psla, subject to upward and down- [Docket No. CI74-579] make any protests with reference to said warn Btu adjustment from a base of application should on or before May 24, 1,000 Btu per cubic-foot of natural gas, H-YDROCARBON DEVELOPMENT CORP. 1974, file with the Federal Power Com- within the contemplation of § 2.70 of the Notice of Application mission, Washington, D.C. 20426, a pcl:i pr60aiid'(19Commission's CER2.70),General Policy and Inter- tion to Intervene or a protest in accord- MY 6, 1974. ance with the requirements of the Com- Petitioner requests the Commission to Take notice that on April 1. 1974, Hy- mission's rules of practice and procedure amend said certificate to authorize said drocarbon Development Corp. (Appli- (18 CFR 1.8 or 1.10). All protests filed sale at 59.0 cents per Mcf of gas, subject cant), P.O. Box 2806, Corpus Christi, with the Commission will be considered to Btu adjustment, for one year com- Texas 78403, filed in Docket No. CI74-579 by it in determining the appropriate ac- mencing with the date of expiration of

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17132 NOTICES the certificate or the date on which Peti- commercial and industrial customers in DART states that the said Revised tioner shall be issued and shall accept the the Southeastern Oklahoma area -and Sheets are being filed pursuant certificate to the amendment as sought herein, that such facilities are required to pro- provisions of its Purchased Gas Cost whichever shall last occur. Applicant's vide service to these customers during Adjustment amended Clause to Its tariff to reflect contract with United provides the 1974-75 heating season. Applicant rate change filing made Its pipeline that if authorization is not received prior estimates the cost of the proposed exten- supplier. to May 5, 1974, Applicant shall commence sion of Line E-32 to be $781,261 and the Any person desiring deliveries thereunder to be heard or to within the contem- compressor facilities to be $189,000, such protest said fiing should file a petition to plation of § 157.29 of the regulations costs to be financed with working capital. under intervene or protest with the Federal the Natural Gas Act (18 CFR Any person desiring to be heard or Power Commission, '157.29). 825 North Capitol to make any protest with reference to Street, NE, Washington, D.C. 20426, In Any person desiring to be heard or to said application should on or before accordance make any protest with reference vith §§ 1.8 and 1.10 of the with May 24, 1974, file with the Federal Power Commission's rules of practice and pro- said petition to amend should on or Commission, Washington, D.C. 20426, cedure (18 CER 1.8, before May 28, 1974, le 1.10), All such peti- with the Federal a petition to intervene or a protest in tions or protests should be filed on or Power Commission, Washingion, D.C. accordance with the requirements of the 20423, a petition before May 15, 1974. Protests will be to intervene or a protest Commission's rules of practice and pro- considered by the Commission in accordance with the requirements of In deter- cedure (18 CFR 1.8 or 1.10) and the mining the appropriate action to be the Commission's rules of practice and regulations under the Natural Gas Act taken, but procedure (18 CFA will not serve to make pro- 1.8 or 1.10). All pro- (18 CFR 157.10). All protests filed with testants parties to the proceeding. tests filed with the Commission will be Any the Commission will be considered by person wishing to become a party must considered by it in determining the.ap- it in determining the appropriate action fie a petition propriate action to be taken but will not to intervene. Copie3 of to be taken but will not serve to make this filing are on file with the Commis- serve to make tile protestants parties to the protestants parties to the proceeding. the proceeding. sion and are available for public inspec- Any person wishing to Any person wishing to become a party tion. become a party to a proceeding or to to a proceeding or to participate as a participate as a party in any hearing party in any hearing therein must file MAYY B. KInD, therein must file a petition to intervene a petition to intervene in accordance Acting Secretary, in accordance with the Commission's with the Commission's rules. [PR Doc.74-10919 Filed 5-10-74;8:45 am] rules. Take further notice that, pursuant to MARY B. KrDD, the authority 'contained in and subject [Docket No. 0P74-2701 Acting Secretary. to the jurisdiction conferred upon the [FR Doc.74-10917 Filed 5-10-74;8:45 am] Federal Power Commission by sections NATURAL GAS PIFELINE COMPANY OF 7 and 15 of the Natural Gas Act and the A.IERICA Notice of Application [Docket No. CP74-2721 Commission's rules of practice and procedure, a hearing will be held without MIAY 6, 1074. LONE STAR GAS CO. further notice before the Commission on this application if no petition Take notice that on April 19,1974, Nat- Notice of Application to inter- ural Gas vene is fied within the time required Pipeline Company (Applicant), MAY 6, 1974. herein, if the Commission on its own re- 122 South Michigan Avenue, Chicago, Il- view of the matter finds that linois 60603, flied In Docket No., CP74-270 Take notice that on April 22, 1974, a grant of an application Lone Star Gas Company the certificate is required by the public pursuant to section 7(b) (Applicant), of the Natural Gas Act for pertmalon 301 Harwood Street, Dallas, Texas 75201, convenience and necessity. If a petition filed in for leave to intervene is timely filed, or and approval to abandon Its Comprezsor Docket No. CP74-272 an applica- Station No. 157 in tion pursuant to section 7(c) -of the if the Commission on its own motion Stephcns County, Natural believes that a formal hearing is required, Oklahoma, all as more fully set forth In Gas Act for a certificate of public the convenience and further notice of such hearing will be application, uhlch is on file with the necessity authorizing Commission and open the construction and operation of facil- duly given. to public Inspec- ties and the transportation of natural Under the procedure herein provided tion. gas, all as more fully set forth in the for, unless otherwise advised, it will be Applicant proposes to abandon itz application which is on file with the unnecessary for Applicant to appear or Compressor Station No. 157, which con- Commission and, open to public be represented at the hearing. sists of one 2,745 SHP compressor unIV inspection. and appurtenant facilities, located on Msuy B. KIDD, Applicant's 26-Inch pipeline extending Applicant proposes to construct and Acting Secretary. operate approximately 18.5 miles of 8- from Wise County in North Centrv.l inch pipeline [IP Do=74--10918 FIled 5-10-74;8:45 am] Texas to Hutchinson County In the extending its existing Line Texas E-32 from a point southeast of Panhandle. Applicant states that Durant, said compressor station was Bryan County, Oklahoma, to Line E, [Docket No. PP72-1491 placed In east of Denison Grayson County, Texas. service on December 23, 1965, pursuant Applicant further proposes to install MISSISSIPPI RIVER TRANS.iSSION CORP. to a Commission order Issued on Au- one gust 400 horsepower reciprocal compressor Notice of Proposed Rate Changes 13, 1965 (34 FPC 607), in order to unit at the Denison Compressor Station. increase by 185,000 Mef the daily desitn Applicant states that the proposed facili- M&7:6, 1974. sales capacity of Applicant's transmis- ties are required due to a decline in the Take notice that on April 29, 1974 sion system, and that that segment of reserves and deliverability in the Cum- Mississippi River Transmission Corpora- Applicants system served by Compres- berland Field area which necessitate the tion (1VIRT) tendered for filing the fol- sor Station No. 157 Is now operating at transportation of volumes of gas from lowing tariff sheets to its FPC Gas Tariff, reduced capacity due to decline In ga Line E to augment gas supply to the First Revised Volume No. I: volumes from sources of supply In the general area upstream from the station. Southeast Oklahoma area. Applicant, in- 1. Eighteenth Revised Sheet No. 3A dicates that its existing pipeline system 2. Alternate Eighteenth Revised Sheet: No. Applicant states further that the pro- capacity is not suffclent-totrbnsport the posed abandonment will not reduce system capability of transporting required volumes of gas. MR.T states the said Sheets are to scheduled The application states that the new gas supplies. pro- supersede either Substitute Seventeenth - posed facilities will not be installed for Revised Sheet No. 3A or Alternate Sub- Any person desiring to be heard or to the purpose of providing new service, but stitute Revised Sheet No. 3A, as may be make any protest with reference to said for the continued service of residential, -appropriate. application should on. or before MLy 2-,

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 NOTICES 17133 1974, file with the Federal Power Com- to Shell pursuant to an greement dated Any person wishing to become a party to mission, Washington; D.C. 20426, a peti- April 19, 1971. a proceeding or to participate as a party tion to intervene or a protest in accord- Under related agreements with Appli- in any hearing therein must file a petition ance with the requirements of the Com- cant, participating customers, in con- to Intervene in accordance with the Com- mission's rules of practice and procedure sideration for their funding, received mission's rules. (18 CFR 1.8 or 1.10) and-the regulations rights to obtain from Applicant a winter Take further notice that, pursuant to under the Natural Gas Act (18 CFR service based on deliverability from the the authority contained in and subject 157.10). All protests filed with the Com- Shell reserves. These agreements provide to the jurisdiction conferred upon the mission will be considered by it In deter- that such service Is to commence when Federal Power Commission by sections 7 mining the appropriate action to be taken the average deliverability of gas con- and 15 of the Natural Gas Act and the but will not serve to make the protes- tracted for purchase from Shell by Ap- Comm ion's rules of practice and pro- tents parties to the proceeding. Any per- plicant reached 100,000 Mcf. Sales are to cedure, a hearing will be held without son wishing to become a party to a pro- be limited to 100 times the peak day further notice before the Commison on ceeding or to participate as a party in amount of such service during the Winter this application If no petition to inter- any hearing therein must file a petition Period and will be made to sid particl- vene Is filed within the time required to intervene in accordance with the Com- pating customers with deliveries and herein, If the Commission on its own mission's rules. sales of the subject gas to be made In review of the matter finds that a grant Take further notice that, pursuant to proportion to their contribution in the of the certificate is required by the pub- the authority contained in and subject to funding and under the terms and condi- lic convenience and necessity. If a peti- the jurisdiction conferred upon the Fed- tions of their agreements with Applicant tion for leave to Intervene is timely filed, eral Power Commission by sections 7 and and a new Rate Schedule WS. A tabula- or if the Commission on Its own motion 15 of the Natural Gas Act and the Com- tion of said customers' proportionate believes that a formal hearing is re- mission's rules of practice and procedure, shares of winter service daily quantity quired, further notice of such hearing a hearing will be held without further for deliveries from the Shell reserves of will be duly given. notice before the Commission on this 51,000 Mcf per day Is included as the Under the prozedure herein provided anplication if no petition to intervene is appendix hereto. for, unless otherwise advised, it will be filed within the time required herein, if Applicant anticipates that the Shell unnecessary for Applicant to appear or the Commission on its own review of the deliveries will attain 51,000 Mcf per day be represented at the hearing. matter finds that permission and ap- by November 1, 1974, and although the MAnrx B. XiDD, proval for the proposed abandonment terms of the funding arrangements do Acting Secretary. are required by the public convenience not require an offer of service until daily and necessity. If a petition for leave to availability reaches 100,000 Mcf, Appli- Atrri-i - intervene is timely filed, or if the Com- cant proposes to initiate such deliveries S3le and Deliveries to Participating Cus- mission on its own motion believes that of gas to meet the customers' need for tomers based on deliveries from the Shell re- a formal hearing is required, further no- additional winter gas supply. Applicant rerve3 at the level of 51.c 00 LEI tI of natural tice of such hearing will be duly given. projects that this service will commence gas per day: Under the procedure herein provided December 1, 1974; however, the service is Wfnter _,ere for, unless otherwise advised, it will be not to be Implemented until, In Appli- dagy quantity unnecessary for Applicant to appear or cant's judgment, deliveries from the Shell (thousand be represented at the hearing. reserves can be maintained at the level DMQ- customers cublc feet) I of 51,000 Mcf per day. Aroclatcd Natural Gas Co_____ 68 MARY B. KIDD, The application states that the pro- Illinois Power Co..... ------1,973 Acting Secretary. Iowa Power and Light Co _ _..... 04 posed service would make available to North Shore Gas Co.------2,367 [FR Doc.74-10920 Piled 5-10-74;8:45 am] participating customers 100/365 of the Northern Illinol Gas Co ...... 18,644 availability from the Shell reserves on an Northern Indiana Public Service Co- 7,116 annual basis providing such customers The People3 Gas Light and Coke Co-_ 16,543 [Docket No. CP74-260] with 100 day's deliverability from these City of Sullivan. L._ 13 NATURAL GAS PIPELINE COMPANY OF reserves over a 120-day period commenc- G-1 customers AMERICA ing December 1 of each year. The re- Central Illinois Light Co ...... 41 Notice of Application mainder of the gas from the Shell re- Kakna'kia Gas Co ---- 24 serves will be added to Applicant's overall City of Nashville, Ill_ .... 37 NUY 6, 1974. gas supply. People-, Natural Gas Dlvislon--- _ 60 Take notice that on March 29, 19474, Applicant states further that It does City of Vinckneyville. fll..... 46 Natural Gas Pipeline Company of Amer- not propose to construct any new facil- City of Salem. Ill . 76 United Cities Gas Co ---.....--- - '70 ica (Applicant), 122 South Michigan ities and that flow gas from the Shell Town of Wellman. Iowa. 13 Avenue, Chicago, Illinois 60603, filed in reserves will be utilized to serve cus- WLconsln Southern Gas Co., Inc..-- 451 Docket No. CP74-260'an application pur- tomers whose needs are now supplied suant to section 7(c) of the Natural Gas from storage, thus releasing storage gas Total 47,M46 Act for a certificate of public conven- for participating- customers without 'Equivalent to 52.632 M1fIV on a b3si. of ience and necessity authorizing Applicant jeopardizing current levels of service to 1.000 Btu per cublc foot, of which 47,86 to sell and deliver additional volumes of all customers. The proposed rate for the ?A1It l being offered for service. The remain- natural gas during winter months to 17 new service is $1.03 per Afcf. Ing 4.788 ?1 it, is attributable to Applicant's existing customers, all as more fully set Any person desirina to be heard or to rhare of the funding program. forth in the application which is on file make any protest with reference to said IFE Dce.74-10921 Filed 5-10-74;8:45 am1 with the Commission and open to public application should on or before May 24, inspection. 1974, file with the Federal Power Com- Applicant proposes to sell and deliver mission, Washington, D.C. 20426, a peti- [Docket No. E.-87521 47,846 Mef of gas per day, plus additional tion to intervene or a protest in accord- quantities of gas as available, to 17 exist- ance with the requirements of the Com- NORTHERN STATES POWER CO. ing customers who participated with Ap- mission's rules of practice and procedure (MINNESOTA) .plicant in funding the development by (18 CPR 1.8 or 1.10) and the regulations . -. - Notce of Application Shell Oil Company (Shell) of certain under the Natural Gas Act (18 CFR reserves underlying nine blocks offshore 157.10). All protests filed with the Comi- My 7, 1974. Louisiana. The application states that mislon will be considered by It in deter- Take notice that on April 29, 1974, these customers reimbursed Applicant in mining the appropriate action to be Northern States Power Company (Appli- the aggregate approximately $36,000,000 taken but will not serve to make the cant) filed an application pursuant to of the $40,000,000 advanced by Applicant protestants parties to the proceeding. section 204 of the Federal Power Act

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY MAY 13, 1974 1-7134: NOTICES seeking an order authorizing the Appli- Power Commission, 825 North Capitol filed proposed increased rates to the cant to enter into Guaranty Agreements Street, NE, Washington, D.C. 20426, in applicable area new gas ceiling based on with Midland National Bank of Billings, accordance with § 1.8 and 1.10 of the the interpretation of vintaging concepta Montana, guaranteeing payment of the Commission's rules of practice and pro- set forth by the Commission in it principal and interest on borrowings by cedure (18 CFR 1.8, 1.10). All such peti- Opinion No. 639, isued Decembor 12, Cormorant Corporation, a Montana cor- tions or protests should be filed on or be- 1972. poration, a wholly owned subsidiary of fore May 16, 1974. Protests will be con- The information relevant to each of applicant. The principal amount of such sidered by the Commission in determin- these sales Is listed in the Appendix. obligations shall not exceed $1,000,000 ing the appropriate action to be taken, Any person desiring to be heard or to at any one time. but will not serve to make protestants make any protest with reference to said Applicant is incorporated under the parties to the proceeding. Any person filings should on or before May 28, 1974, laws of the State of Minnesota with its wishing to become a party must file a file with the Federal Power Commission, principal business office at Minneapolis, petition to intervene. Copies of this filing Washington, D.C. 20426, a petition to Minnesota, and is engaged primarily in are on file with the Commission and are Intervene or a protest in accordance with the electric utility business in central and available for public inspection. the requirements of the Commission's (18 CPR southern Minnesota, southeastern South AURY B. KmD, rules of practice anZl procedure Dakota, and in the Fargo-Grand Forks Acting Secretary. 1.8 or 1.10). All protests filed with the and Minot areas of North Dakota. Commission will be considered by It In Expenditures during 1974 for the total [FR Doc.74-10923 F led 5-10-74;8:45 am] determining the appropriate action to be construction program of Applicant are taken but will not serve to make the parties to the proceeding. estimated at $258 million, of which $239 [Rate Schedule Nos. 342, et al.] protestants million is for electric facilities, $11 mil- Any party wishing to become a party to lion for gas facilities, and $8 million for SUN OIL CO., ET AL a proceeding or to participate as a party heating, telephone, and general facilities. Notice of Rate Change Filings Pursuant to in any hearing therein must file a peti- Any person desiring to be heard or to Commission's Opinion No. 639 tion to intervene In accordance with the make any protest with reference to said Commission's rules. application should, on or before May 28, MAY 6, 1974. 1974, file with the Federal Power Com- Take notice that the producers listed MARY B. KIDD. mission, Washington, D.C. 20426, peti- in the Appendix attached hereto have Acting Secretary. tions or protests in accordance with the A'PENDi" requirements of the Commission's rules of practice and procedure (18 CFR 1.8 Rate or 1.10). All protests filed with the Com- Filing date Producer No.Nebdulo Buyer Arc mission will be considered by it in determining the appropriate action to be will not serve to make the Apr. 2 1974 Sun Oil Co., Southland Center, P.O. 342 United Gas Pipe Lin Co-..- Other Couthwe3,L taken but Box 2850, Dallas, Tex. 7522L protestants parties to the proceeding. Apr. 24,1974 Gulf Oil Corp., P.O. Box IS, Tuls3, 103 Texas Eastern Trnsnm nszlouTosstigullcoast Persons wishing to become parties to a Okla. 74102. Corp. proceeding or to participate as a party in any hearing therein must file petitions [FIR Doc.74-10924 Filed 5-10-74;8:45 oral to intervene in accordance with the Com- mission's rules. The application is on file. [Docket No. CI74--290] section 7(c) of the Natural Gas Act, by and Is available for public inspection. authorizing, to the extent required, the MARY B. KIDD, TERRA RESOURCES, INC., Er AL repair or replacement of Petitioner's Acting Secretary. Notice of Extension of Time and Staten Island, New York, LNG storage [FR Doc.74-10922 Filed 5-10-74;8:45 am] Postponement of Hearing tank and connecting facilities and by MAY 7, 1974. deleting the rete condition imposed by ordering paragraph (G) of the order of [Docket No. E-8751] On May 1, 1974, Colorado Interstate April 29, 1966, all as more fully set forth NORTHERN STATES POVER CO. Gas Company filed a motion for an ex- in the petition to amend which Is on file tension of the procedural dates fixed by Notice of Firm Power Agreement with the Commission and open to public Order issued April 25, 1974, in the above- inspection. MAY 6, 1974. designated matter. The motion states among that neither Staff Counsel nor the ap- The order of April 29, 1966, Take notice that on April 26, 1974 other -things, authorized Petitioner to plicant has any objection to the motion. construct and operate the LNG facility Northern States Power Company (NSP) Upon consideration, notice is hereby tendered for filing as an initial rate on Staten Island with a total capacity given that the procedural dates in the of 2,040,000 Mcf and a vaporization- schedule Firm Power Agreement dated as follows: April 24, 1974 between NSP and the City above matter are modified redeltvery capability of 199,000 Mef per of Sleepy Eye, Minnesota (Sleepy Eye). Service of testimony and exhibits by appli- day. Said order also contained the fol- pro- cant and supporting parties, M1ay 13, 1974. lowing condition in ordering paragraph NSP states the said Agreement e.d.t.) vides for the sale of 200 KW of power Hearing, May 22, 1974 (10 am. (G) thereof: and associated energy to Sleepy Eye for MARY B. KD, (G) That Applicant shall not, In any rito the period May 20, 1974 to May 19, 1975. Acting Secretary. proceeding, asze s against any other elasa of any deficiency In revenues under its The charge for such service is determined [FI Doc.74-10929 Filed 5-10-74;8:45 am] service by the following rate: Storage Service Rate Schedule blow the covt of service associated with (i) the facilltlel 1. Capacity Charge: $4260 per year per storago [Docket No. CP66-43] proposed herein to be assigned to kilowatt of Billing Demand.. Service deliveries, plus (I) any additional 2. Energy Charge: 0.6Sf per kwh. TEXAS EASTERN TRANSMISSION CORP. facilities which may be requircd to provide 3. Fuel Clause: Adjustment of .0120 the Storage Service deliveries. per kwh for one-half cent increase above Notice of Petition To Amend decrease below 47.50 per million BTU Petitioner states that on February 10. or MAY 6, 1974. 1973, the LNG tank, which constituted and for each whole cent thereafter in the part of the LNG facil- used in the preceding month Take notice that on April 19, 1974, a major, integral cost of fuel Texas Eastern Transmission Corpora- ity, was partially destroyed by fire and by NSP's system. occurred, the NSP proposes an effective date of May tion (Petitioner), P.O. Box 2521, Hous- that at the time the fire ton, Texas 77001, filed in Docket No. tank was undergoing repair and mainte- 20, 1974 for said Agreement. now requests au- Any person desiring to be heard or CP66-43 a petition to amend the Com- Aiance work. Petitioner mission's order issued April 29, 1966, in thorization, to the extent required, to re- to protest said filing should file a petition to to intervene or protest with the Federal said docket (35 FPO 655), pursuant to pair or replace the LNG tank and FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17135

modify the storage capacity of the LNG intervene in accordance with the Corn- and suspended until April 6. to reflect facility as previously certificated. Ap- miion'' s rules. certain events which have occurred that plicant indicates that the proposed re- Mmny B. Hni). materially affect the rates reflected pair or replacement operations will in- Acting Secretary. therein. United states tht the Substitute volve the installation of a double-walled, [FR Doc.74-10030 Filed 5-10-74;8:45 am] Sheet makes the following changes: 9 percent nickel-steel liner for cryogenic (1) The Sheet reclassifies and real- service and a permanently attached dome locates the fixed transmission costs in roof of carbon steel which has a 9 percent TOLEDO EDISON CO. the proportions of 25 percent to demand nickel-steel sector in the process piping LDocket No. --792] charcg3 and 75 percent to commodity - area. The installation operations will be charaes It accordance with the Commis- conducted within the original concrete Notice of Revised Tariff Sheets don's cost aelloation embodied in Order wall and earthen berm and will occupy M r 7.1974. No. 671. the same location and land area Appli- Take notice that The Toledo Edison (2) The Sheet reflects changes in the cant further states that upon completion Company (Toledo) on April 30, 1974, Louisiana Severance Tax rate enacted in of repairs, the LNG tank will have a total tendered for filing service agreements December 1973. storage capacity of 1,734,000 Mcf, and with the City of Bryan, Ohio, and the vil- (3) The Sheet includes the current gas further that the total maximum daily lage of Pemberville, Ohio, under Toledo's cost of 220 per Mef as reflected in delivery quantity and total storage FPC Electric Tariff, Original Volume No. United's PGA filing in Docket No. RP72- volume under the Storage Service Rate 1. Toledo states that the existing con- 133, which became effective January 1, Schedule previously authorized will be tracts (Rate Schedule FFC Nos. 7 and 1974. unchanged, with no reduction or aban- 17) with these two customers terminate (4) The Sheet changes the surcharge donment of service rendered by means of on My 31, 1974, and that as of that date adjustment of .695 as filed, which ex- such facility. The application shows that they will be served under Toledo's Tariff. plred December 31, 1973. and substitutes the total estimated cost of the proposed An effective date of June 1, 1974, is re- the surcharge adjustment of 2.06j, ap - project is $21,817,000. quested. - plicable to the period commencing Janu- -Further, Petitioner requests deletion of Any person dedring to be heard or to ary 1, 1974. the condition imposed by ordering para- protest said unexecuted service agree- The February 15 filing was noticed on graph (G) of the order of April 29, 1966. ments should file a petition to intervene March 20, 1974, with protests and peti- Petitioner asserts that such condition or protest with the Federal Power Com- tions to intervene due on or before provided in effect that Petitioner should mssion, 825 North Capitol Street 14E, April 1, 1974. On March 26, 197 Laclede absorb any deficiency in revenue from Washington, D.C. 20426, In accordance G- Company (Laclede), previously per- the operation of the Staten Island LNG with §§ L8 and 1.10 of the CommIssion's mitted to Intervene in the docket, filed a facility not recovered through the Stor- rules of practice and procedure (18 CFR Protest which states that United7's Sub- age Service Rate Schedule. Petitioner 1.8, 1.10). All such petitions or protests stitute Sheet is, at least in part, a new asserts further that at the time the certi- should be filed on or before May 20, 1974. general rate increase filing which ap- ficate was initially issued, the facility Protests will be considered by the Com- pears to recover additional commodity capacity in excess of the 1,100,000 Mof mission in determining the appropriate charges in excess of proposed demand re- necessary for the storage service was not action to be taken, but will not serve to ductions. Laclede also asserts that there required for peaking service to Peti- make protestants parties to the proceed- is no apparent reason to support what tioner's jurisdictional customers. It Is ing. Any person wishing to become a appears to be a redesign of rates in pur- stated that because of changing load pat- party must file a petition to intervene. ported compliance with the Commis- terns and gas sunply conditions, all of Copies of these revised tariff sheets are son's order Issued October 31, 1973, in the capacity of the Staten Island LNG on file with the CommnI'lron and are Docket No. RP72-75 (Phase ID without facility in excess of the 1,100.001) Mcf re- available for public Inspection. a proper allocation of costs which such quired for the storage service Is now rates are desIgned to recover, and that neeeded to satisfy peak-day requirements Many B. XinD, there may be a malsl:ocation of costs be-_ and to provide flexibility in Petitioner's Acting Sccrctary. tween Jurisdictional and nonjurisdia- system to assure maximum utilization of [FR Doc.7-10931 Filed 5-10-74:8:45 aml tional service. Laclede also takes excep- its facilities and the rendering of the tion to the Inclusion of the effects of the highest possible level of service to Peti- Louisiana severance tax increase and in- tioner's customers. Petitioner states that [Dolet 11o. nP74--20] creased average cost of purchased gas in all customers will benefit from the use UNITED GAS PIPE LINE CO. an existing rate proceeding rather than and operation of this portion of the ca- Order Granting Permission To Amend In its deferred purchased gas account. pacity of the Staten Island LNG facil- Suspended Rates Laclede urges that the Commission re- ity, and, accordingly, all of the costs as- Ject the proposed Substitute Sheet. or, sociated therewith are properly includ- MY 6.1974. in the alternative, suspend the filing for able in Petitioner's jurisdictional cost of On September 21, 1973, United Gas the full statutory period and set the mat- service. Pipe Line Company (United) filed in this ter for hearing. On April 1, 1974, Mem- Any person desiring to be heard or to docket proposed changes in Its FPC Gas phis Light, Gas and Water Division, City make any protest with reference to said Tariff, First Revised Volume No. 1. The of Memphis,*Tennessee (Memphis) filed petition should on or before May 28, 1974, proposed changes would Increase rev- a Protest and Petition to Intervene. fe with the Federal Power Commission, enues from jurisdictional sales and serv- Memphis was permitted to intervene in Washington, D.C. 20426, a petition to ices by approximately $34.9 million, this docket by order of November 6, I973, intervene or a protest in accordance with based upon the 12 month period ended and therefore no further permission to the requirements of the Commission's June 30, 1973. as adjusted. By order of intervene need be granted. Memphis also rules of practice and procedure (18 CFR November 6. 1973, the Commission sus- requests that the substitute tariff sheet 1.8 or 1.10) and the regulations under pended the proposed charges until April be rejected and if not rejected, be sus- the Natural Gas Act (18 CFR 157.10). 6, 1974, set the matter for hearing and pended for the full statutory period of All protests filed with the Commission permitted various interventions. five months. In addition to making substantially the same arguments as made will be considered by it in determining On February 15, 1974, as later supple- by Laclede, Memphis states that United's the appropriate action to be taken but mented on March 8, 1974. United filing should reflect other determinations will not serve to make the protestants- filed with the Commission Substitute Fifteenth Revised Sheet No. 4, with a in Opinion No. 671 which affect the rates parties. to the proceeding. Any person proposed effective date of April 6, 1974. originally filed in this dockeL Memphis wishing to become a party to a proceed- United states in Its filing that the Sub- states that the entire original filng ing or to participate as a party in any stitute Sheet is intended to modify thoze should be reformed, as such reformation hearing therein must file a petition to tariff sheets filed on September 21. 1973. would reduce the unit rates originally

- FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 No. 93-Pt. 1-7 17136 1 NOTICES filed, because, since United made its orig- accepted to be effective April 6, 1974, members of the Staff of the Federal inal filing, It has been determined that subject-to refund, pending the outcome Power Commission, the Office of Pipeline sales by United exceed the original esti- of the hearing-established in Docket No. Safety of the Department of Transporta- mate by 24,579,244 Mcf. RP74-20. tion, and representatives of the Appli- By order of March 29, 1974, the Com- (C) The Commission Secretary shall cant shall be convened In this proceed- mission, inter alia, denied United special cause prompt publication of this order in ing. Such meeting shall be for the pur- permission to amend its rates suspended the F.DER. REGISTER. pose of establishing procedures agreeable rein this docket, as such amendment would By the Commission.' to all concerned parties for the early relate to an increase in Louisiana sev- turn to a safe operation of the subject erance tax, and rejected the proposed [SEAL]. MARY B. KIDD, facility. Any Interested persons, whether Substitute Sheet without prejudice to Acting Secretary. formal intervenors in the Instant pro- United refiling to reflect adjustments [FR Doc.'74-10933 Piled 5-10-74;8:45 am] ceeding or not. are invited to attend. other than increases in Louisiana sev- Whereby, Notice Is given to all inter- erance tax. ested parties that a technical conference On April 5, 1974, United filed Sixteenth [Docket No.RP74--85] to be presided ova. by the Commission Revised Sheet No. 4 (Revised Sheet) in WESTERN GAS INTERSTATE CO. Staff, will be convened at 10 a.m. on May purported compliance with the March 29 20, 1974. in a conference room of the order, reflecting the same changes pre- Notice of Change in Rate Schedule Federal Power Commission. viously discussed, except for the elimina- MAY?, 1974. MARY B. KIDD, tion of the Louisiana severance tax ad- Take notice that on April 24, 1974, Acting Secretary. justment. Also included in the filing was Western Gas Interstate Company (West- [PR Doc.'t4-11078 Filed 5-10-74;8:45 am) a motion to make the Revised Sheet ef- ern) filed with the. Commission a pro- fective as of April 6, 1974, and an agree- posed change in rates for natural gas ment and undertaking. The filing was service rendered by its Southern Division FEDERAL RESERVE SYSTEM with protests noticed on April 19, 1974, System and its Northern Division System FIDELITY FINANrIAL CORPORATION OF and petitions to intervene due on or be- to customers served under Original Vol- MICHIGAN fore May 1, 1974. No further protests or I -PC ume No. of its Tariff. ,Acquistion of Bank petitions were received. Western states that its current juris- On April 11, 1974, United filed an dictional rates for natural gas service Fidelity Financial Corporation of Answer to Laclede's Protest stating that rendered to customers served under Orig- Michigan, Birmingh.am, Michigan, has by virtue of action of the Commission inal Volume No. 1 of its FPC Tariff are applied for the Board's approval under and United subsequent to the filing of deficient by some $669,538.37 annually, section 3(a) (3) of the Bank Holding Laclede's Protest, that protest is moot based on test period sales volumes from Company Act (12 U.S.C. 1842(a) (3)) to except that the Revised Sheet complies its transmission systems. acauire all of the voting shares of Fi- with Opinion No. 671 contrary to an ap- delitv Bank of Southfleld, Southfleld, of Laclede. United Western proposes an effective date of parent allegation June 15, 1974, for said changes. Michigan. The factors that are consid- states that, in any event, Laclede's ob- ered in acting on the application are set jections may properly be considered in Any person desiring to be heard or to forth in section 3(c) of the Act (12 the hearing established in the docket. protest said filing should file a petition U.S.C. 1842(c)). United urges the Commission to deny to intervene or protest with the Federal The application may be inspected at Laclede's Protest. Power Commission, 825 North Capitol the office of the Board of Governors or Our review of the April 5 filing indi- Street NE., Washington, D.C. 20426, in at the Federal Reserve Bank of Chicago. cates that the proposed adjustments ap- accordance with §§ 1.8 and 1.10 of the Any person wishing to comment on the pear to reflect the Commission's cost al- Commission's rules of practice and pro- application should submit views in writ- location embodied in Order No. 671. We cedure (18 CFR 1.8, 1.10). All such peti- Ing to the Secretary, Board of Governors do not believe that the other adjustments tions or protests should be filed on or be- of the Federal Reserve System, Washing- are, at least on their face, improper. fore May 27, 1974. Protests will be con- ton, D.C. 20551 to be received not later While the allegations set forth in the sidered by the Commission in determin- than May 31, 1974. protests of Laclede and Memphis may ing the appropriate action to be taken, Board of Governors of the Federal Re- or may not have some basis ih fact, the but will not serve to make protestants serve System, May 6, 1974. questions they raise are best resolved parties to the proceeding. Any person wishing to become a party must file a [SEAL] THEODORE E. ALLISON, through an evidentiary hearing such as Assistant Secretary of the Board. the one presently established In this petition to intervene. Copies of this ap- docket. We therefore believe that it is plication are on file with the Commission [FR Doc.74-10935 Filed -10-74;8:45 amI in the public interest to grant United and are available for public inspection. permission to amend its rates, under sus- MARY B. KIDD, FIRST BANC GROUP OF OHIO, INC. pension prior to April 6, 1974, and shall Acting Secretary. Order Approving Acquisition of Bank permit United to place in effect, subject [FR Doc.14-10932 Filed 5-10-74;8:45 am) to refund, its Revised Sheet effective First Banc Group of Ohio, Inc., Colum- April 6, 1974. bus, Ohio, a Bank holding company The Commission finds: It is necessary [Docket No. CP'73-3291 within the meaning of the Bank Holding and proper and in the public interest CHATTANOOGA GAS CO. Company Act, has applied for the Board's in carrying out the provisions of the Nat- approval under section 3(a) (3) of the ural Gas Act that the Commission grant Notice of Technical Conference Act (12 U.S.C. 1842(a) (3)) to acquire United permission to amend its rates MAY 8, 1974. the successor by merger to The Citizens under suspension in Docket No. RP74-20 In order to effect a rapid and satis- Baughman National Bank, Sidney, Ohio and to accept United's amended Revised. factory resolution of the problems in- ("Bank"). The bank into which Bank is Sheet filed April 5, 1974, to be effective volving safety aspects of the opeiation of to be merged has no significance except subject to refund, April 6,1974., Chattanooga Gas Company's liquefied as a means'to facilitate the acquisition The Commission orders: (A) Permis- natural gas (LNG) facility which Is the of the voting shares of Bank. Accord- sion is hereby granted to United to subject of the above-entitled proceeding, ingly, the proposed acquisition of shares amend its rates under suspension in a technical conference to be attended by of the successor organization is treated Docket No. RP74-20. herein as the proposed acquisition of the (B) United's Revised Sheet filed agrees shares of Bank. l Commissioner Brooke, concurring, Notice of the application, affording April 5, 1974, designated Sixteenth Re- only-to the disposition of the rate filings and vised Sheet No. 4 to its FPC Gas Tariff, not to the rate design of the principles in- opportunity for interested persons to First Revised Volume No. 1, Is hereby volved. submit comments and views, has been

FEDERAL REGISTER, VOL 39, NO. 93--tiONDAY, MAY 13, 1974 NOTICES 1713T

given in accordance with section 3(b)" On the basis of the record, the ap- Washington, D.C. The morning se=io of the Act. The time for filing comments plication is approved for the reasons will convene at 9:30 am. on Thursday. and views ha= expired, and none has been summarized above. The transaction shall May 23, and will be open to the public timely received. The Board has con- not be executed (a) before the thirtieth The agenda for the morning se-son. vil sidered the -application In light of the calendir day following-the effective date ba as follows: factors set forth in section 3 c) of the of this Order or (b) later than three I. lunutea a Prevlou5 Meetin- Act (12 U-S.C. 1842(c)). months after the effective date of thtz IL Rlports Applicant, the seventh largest bank Order unless such period is extended for A. Intraductln of w M-bembe holding company in the State, controls good cause by the Board or by the Fed- B. Summary ot llcenxt Buninezs 14 banks with aggregate deposits of $1.1 eral Reserve Bank of Cleveland pursuant C. Appropriatfon Prozpcct3 billion, representing about 4 per cent to delegated authority. D. B3centennial Activities of deposits in commercial 1 . Applicatfon Report banks in Ohio. By order of the Board of Governors,2 P. Gifta and Matching Fund.s The acquisition of Bank (deposits of effective My 6, 1974. G. Report on Chairman'a Granta $36.8 million) would not significantly E[EALI CnnsrTa B. Fmrw.c, H. Zclenc-_ TechnolDoy. and Human increase-the concentration of banking Secretary of the Board. Values Proram resources in the State. L S3lected Project Lveluatfons Bank is the largest of three banks lo- [FR. Dfoc.r4-10930 Flied 6-10-74:8:45 am) X' LIM Support of Poreign Nat ona cated in the relevant banking market Becaue the remainder of the proposed and controls approximately 56 percent NATIONAL DETROIT CORP. meeting will consider financial informa- of the total deposits in commercial banks Acqulstion of Bank tion and perconnel and smil-a files the in the inarket.1 One of Applicant's sub- dislosure of which would constitute a sidiarry banks is located in a separate and National Detroit Corporation, Detroit, clearly unwarranted invasion of privacy, adjacent banking market, and there is Detroit, Michigan. has applied for the pursuant to authority granted me by the some slight existing competition between Board's approval under section 3(a) (3) Chairman's that- subsidiary Dele-ation of Authority to and Bank, but the of the Bank Holding Company Act (12 Close Advisory Committee Meetings. amount of competition does not appear U.S.C. 1842(a) (3)) to acquire 100 per- dated August 13,1973,1 have determined to be substantial. of None Applicant's cent of the voting shares of National that the meeting would fall within ex- other subsidiaries compete with Bank to Bank of Dearborn, Dearborn. MTIchlgan. emptions (4) and (6) of 5 U.S.C. 552(b) any significant extent. Furthermore, due a proposed new bank. The factors that and that it is ezsential to close the meet- to the distances involved and Ohio are considered in acting on the applica- ins- to protect the free exchange branching laws, among of in- other factors, it tion are set forth In section 3(c) of the ternal views and to avoid interference is unliy that substantial competition Act (12 U.S.C. 1842(c)). with operation of the committee. would develop in the future between The application may be Inspected at Bank and any banking subsidiary of Ap- the office of the Board of Governors or It is suggested that those desiring more plicant. Although Bank is the largest at the Federal Rescerve Bank of Chicago. specific Information contact the Advisory banking organization In -erms of de- Any person wishing to comment on the Committee Management Officer 0ohn W. posits in the relevant market, there is application should submit views in writ- Jordan, 806 15th Street, NW., Washing- no evidence in the record that the pres- ing to the Secretary, Board of Governors ton, D.C. 20506, or call area code 202- ent proposal would alter in any signifi- of the Federal Reserve System, Wash- 332-2031. cant respect the existing position of ington, D.C. 20551 to be received not Jo= W. Jorn, Bank- Moreover, Applicant's entry into later than June 3, 1974. Advisory Commiftea the market de novo is unlikely since the Management Offcer. market is unattractive for such entry as Board of Governors of the Federal Re- [ImFB .74-lmar fled 5-o-7448: 45 a " measured by the low population and deserve System, May 6, 1974. posits per banking office ratios relative [s-w.] TaxononE E. ALimsoi, NATIONAL ENDOWMENT FOR THE to the State averages. On the basis of Assitant Secretarij of the Board, the record, ARTS the Board concludes that [F Doc.74-10931 Filed 5-10-74:8:45 am) competitive considerations relating to ARCHITECTURE AND ENVIRONMENTAL the application are consistent with ARTS PROGRAM approval. NATIONAL ENDOWMENT FOR Guidetines, FiscalYear 1975 The financial and managerial re- THE HUMANITIES sources and future prospects of Ap- NATIONAL COUNCIL ON THE HUMANITIES The following are guldelinesfor grants plicant, its subsidiary banks, and Bank ADVISORY COMMITTEE made under the Architecture + Enviro- are considered to be generally satisfac- mental Arts Program of the National tory and consistent with approval of the NOTICE OF MEETING Endowment for the Arts. an independent application. Considerations relating to &tY 8, 1974. agency of the Federal government which the convenience of the community to be Pursuant to the Provisions of the Fed- makes grants to organizations and Ind- served lend some support for approval eral Advisory Committee Act (Public viduals concerned wlth the arts through- of the application since Applicant plans Law 92-463) notice is hereby given that a out the United States. to expand and improve the quantity and meeting of the National Council Notice is hereby given tha, the d=- quality of Bank's services on the such as initi- Humanities wll be conducted at Wash- lines for the following programs are: ating trust services and expanding lend- Public Education and Awareness andAs- ing ington. D.C., on May 23 and 24,1974. services. Specifically, Applicant plans sistance to, State Arts Agencies. July 1, to provide increased Thepurpose of the meeting is to advle funds and manage- the Chairman of the National Endow- 1974; and Professional Education and rial expertise for agricultural loans ment for the Development, January 6, I97. Interested which should benefit this primarily Humanities with respect to agri- persons should contact Bill N. Lacy. Di- cultural area. It is the Board's judgment policies, programs, and procedures for carrying out his functions, and to review rector, Architecture + Environmental that the acquisition would be in the applications public interest and that the application for financial support and Arts Program, National Endowment for should be approved. gifts offered to the Endowment and to the Arts, Washington, D.C. make recommendations thereon to the 20506 (202) Chairman. 382-6657. Only the Architecture + En- TAiU banking data are as of June 30, 1973, The meeting will be held In the Shore- vironmental Arts Program Offce may and reflect bank holding company acquisi- distribute tions approved by the Board through March ham Building, 806 15th Street, NW, application form. 31, Z197C =Voting for this action- Vico Chn=cn Signed at Washington, D.C. on May 3, hTberelevant banking market I approxi- Mltchofl and Governos Sheehan. Buchr, 1974. mated by Shelby- County excluding McLean Holland. and WallIch. Absent and not vot- oPo XrTATLONrr Townshp-. Ing: ChArmanBuz=and aoveornBzim r. Direetor,Pro gr am In! armat io

FEDERAL RLEGISTER, VOL 39, NO. 93-MODAY, MAY 13, 1974 NOTICES

INTRODUCTION shaping of the physical environment- six Presidentially-appointed members. The National Endowment for the Arts, architecture, landscape architecture, ur- The National Council reviews and makes an independent Federal agency, was es- ban design, city and regional planning recommendations on applications to the tablished in 1965. The major goals of the interior design, and industrial design. Chairman of the National Endowment Endowment are to make the arts more Architecture + Environmental Arts for the Arts. Applicants are notified in widely available to Americans, to pre- grants are available for the support of writh.g of rejection or approval of pro- serve our rich cultural heritage for pres- research, program development, and exposed projects as indicated In each cate- ent and future generations, to strengthen ploratory design studies. The National gory, Applicants are requested not to seek cultural organizations, and to encour- Council on the Arts has recommended information about the status of their ap- age the creative development of our na- that the Endowment not support the ac- plications prior to this notification, quisition of real property, capital con- tion's finest talent. EVALUATIOn CRITERIA Architecture + Environmental Arts struction, or the renovation/modifica- constitutes one of the Endowment's tion of existing structures. No grant re- In the evaluation of applications, par- twelve program areas. The primary con- quests will be considered for these pur- ticular consideration will be given to pro- cern of the Architecture + Environmen- poses. (NOTE: The Endowment has a posals that meet the following criteria: tal Arts Program Is the quality of the modest program to assist museums In Pr-posls that respond to a genuine man-made environment. The scope of preserving collections of aesthetic and' public need. the program, especially as it relates to cultural significance. The program seeks Proposals that set forth achievable ob- the "environmental arts," is subject to to encourage renovation of facilities for Jectives and establi.l, realistic me3thods of attaining those goals broad interpretation. Thus, It climate control, security, and storage in within the speci- is useful existing structures. For further informa- fied budget and time frame. to think of the program's operational tion write: Museum Program, National Proposals that are conducted by per- setting as encompassing those design Endowment for the Arts, Washington, sons with professional qualifications for professions whose main function is the D.C. 20506.) undertaking the intended projects. ApiPsc&TiON DEADLINES Proposals hat reveal broac support within a community (geographical, academic, or professional) Application deadline Announcement of Earliest beginning and offer sub- results project date stantial promise of successful Implemen- tation. Public education and awareness ...... -nly 1, 197t-...... October 1974 4...... November 1974. Proposals In which the matching re- Assistance to state arts agencies_ ...... do ...... do ------Do. quirement consists mainly of cash con- Professional education and development: tr'butions Academic and professional research grants... Jan. 6,1975 ------une 1975 ------July 1975. rather than overhead or in- Design fellowships ------do ------...... do ------...August 1975. kind services. Services to the field ------do .. ------do ------July 1975. TREASURY FUND GRANTS GENERAL INFORIATION (a) Only those- organizations which When the National Endowment for the meet the requirements of Title VI of the Arts was created, Congress Included a ELIGIBILITY Civil Rights Act of-1964 for the duration unique provision In Its enabling legisla- Grants may be awarded to individuals, of any project supported in whole or in tion. This provision allows the Endow- universities, state and local governmental part by the National Endowment for the ment to work In partnership with private entities, or groups possessing nonprofit, Arts. and other non-federal cources of funding tax-exempt status. Professional offices (b) Only those organizations in which for the arts. Designed to encourage and are not eligible for grants, but may par- no part of net earnings inures to the stimulate Increased private funding for ticipate as part of a team under the em- benefit of a private stockholder or in- the arts, the Treasury Fund allows non- ployment or contract of an applicant who dividual and to which donations are al- federal contributors to Join the Endow- meets the eligibility requirements. lowable as a charitable contribution ment In the grant-making process, gen- Submissions are limited to one grant under Section 170(c) of the internal erally for projects supported by the En- proposal per "applicant" or "applicant Revenue Code of 1954, as amended. A dowment under the established program organization" in each program category. copy of an Internal Revenue Service guidelines. Architecture + Environmental Arts Determination letter for tax-exempt The Endowment encourages use of the grants to individuals are available on a status must be submitted with each ap- Treasury Fund method as an especially non-matching basis for amounts up to plication. effective way of combining federal and $10,000. By statute, Endowment grants (c) Only those organizations which private support, and as an encourage- may be awarded only to individuals of compensate all professional performers, ment to all potential donors, particularly exceptional talent. Generally grants are related or supporting professional per- those representing new or substantially available only to citizens or peimanent sonnel, laborers, and mechanics at the increased sources of funds. residents of the United States. equivalent of the prevailing minimum The Endowment may accept gifts in Grants to universities, governmental compensation level on the basis of nego- the form of money and other property. entities, and other organizations range tiated agreements which would satisfy Bequests may be made to the Endowment from $10,000 to $50,000. At least one-half the requirements of Parts 3, 5, and 505 as well. Donations to the Endowment are 'of the total project cost must be funded of Title 29 of the Code of Federal Regu- generally deductible for federal income, from non-Federal sources. The match- estate, and gift tax purposes. lations for the duration of any project Donations may be Ing funds must be expended bs a part of supported in whole or in part by the made to the Endow- the funded project and during the speci- National Endowment for the Arts. ment, under Its regular program guidelines, for fled grant period. Generally all projects receiving fund- the support of a nonprofit,-tax- Departments exempt, cultural organization or schools within a uni- ing must be performed within which versity should submit a grant request the 50 has been notified that the Endowment with the university acting as the "appli- states, Washington, D.C., Puerto Rico, intends to award It a grant-such as a cant organization." Guam, American Samoa, or the Virgin museum, a symphony orchestra, a dance, Grant awards are generally for less Islands. opera, or theatre company-or for an Endowment program, than the maximum dollar amount listed SELECTION PROCEDURES such as fellow- in each grant category and rarely exceed ships, touring, conferences, or workshops, a one-year period. Applicants are urged Architecture + Environmental Arts When a donation Is received It frees an to budget realistically and present mini- staff reviews all applications and refers equal amount from the Treasury Fund, mum figures for Federal support needed them to an advisory committee and the doubled amount Is then made made up available to to achieve the purpose of the project. of pay 50% of the project costs, design and planning professionals. The Endowment also accepts unre- By statute, Endowment support Is The recommendations of the committee tricted gifts to be used for projects rec- limited to organizations meeting the fol- are submitted to the National Council on ommended to the Chairman by the Na- lowing criteria: the Arts, an advisory group of twenty- tional Council on the Arts. FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17139

How a Treasury Fund Grqnt Is Ar- appreciation of the designed environ- nical and scientific aspects of design. ranged: merit, and to supply Eelf-help tools to in- There are relatively few agencies, how- Those interested in giving for a spe- dividuals and groups wishing to particl- ever, which provide support for projects cific purpose should note the step by pate directly in design projects. Grants whose major emphasis is on design as a step process described below. in this category will support the develop- form of artistic expresslon. The Endow- (1) If a project is eligible for con- ment of materials and methods for comment therefore invites research proposa. sideration under the Architecture + En- municating design awareness in a variety from university research groups, under- vironmental Arts program guidelines, the - of ways-through textbooks, films, and graduate programs residing within pro- applicant submits to the' Endowment tape cassettes, exhibitions, workshops, fesslonal design schools, and nonprofit. a formal application, which may in- and journalistic criticism. tax-exempt design organizations on sub- clude a list of potential donors. Priority consideration will be given Jects that will improve the processes, or (2) The application is reviewed first to proposals that reflect a clearly identi- the state of kmowledge, concerned with by a panel of architects and other de- fiable audience and a well-defined means the designed elements of our environ- signers and then by the National Coun- for broad dissemination. Applicants ment. In such requests, priority should cil on the Arts and is recommended for should possess substantial expertise In be given to those projects that embody approval or rejection. Based on these the specified communication medium. humanistic considerations, creative de- .recommendations, the Chairman makes Deadline: July 1, 1974. Completed ap- sign approaches, and qualitative benefits. the final determination and notification plications must be postmarked no later. Deadline: January 6, 1975. Applica- is sent to the applicant, than July 1, 1974. Announcement of re- tions for submission must be postmarked (3) If the grant award is approved, sults will take place by October 1974 no later than January 6,1975. Announce- the applicant then 'requests that the and, as a rpsult, project commencement ment of results will not be made before donors forward their contributions to dates may not be earlier than November June 1975; thus, the project commence- the National Endowment for the Arts 1974. ment date may not be earlier than July accompanied by a letter specifying the Eligibility. Grants may be awarded to 1975. restricted purpose of the gift (i.e. the Individuals, universities, governmental Eligibility. The program is not open name of the applicant and specific proj- entities and organizations po4-sing to individual applicants. - ect supportcl.) nonprofit, tax-exempt status. Grant amounts. Tatching grants up For further information on the Treas- Grant amounts. Matching grants to to $20,000 with most grants for less than ury Fund, contact the Architecture + organizations generally do not exceed the maximum. Environment Arts Program, National $30,000 with most grants for less than How to apply. Application forms Endowment for the Arts, Washington, the maximum. Non-matching grants to [NEA-3 (Rev.) I may be pbtained from D.C. 20506. individuals generally do not exceed the Architecture + Environmental Arts The Architecture + Environmental $10,000 Program, National Endowment for the Arts Program encourages applicants to . How to apply. Application forms may Arts, Washington, D.C. 20506. a.pply for Treasury Fund grants when be requested from the Architecture + DESIGN FELOWSHPS applying for substantial and relatively Environmental Arts Program, National costly projects. Endowment for the Arts, Washington, This program provides professional designers with the opportunity to under- PROJECTS D.C. 20506. Individuals wishing to apply BICNTENNAL should request NEA-2 (Re.); Organiza- take independent projects or studies The Endowment recognizes that the tions should request NEA-3 (Rev.). which will further their midcareer de- arts will play an important role in the velopment. The program will Identify celebration of our country's bicenten- ASSISTANCE TO STATE ARTS AGENCIES younLg men and women whose career, nial. The Endowment welcomes this in- During fiscal 1975 a limited number of goals could benefit substantially from volvement on the part of -artists and grants will be offered on a pilot basis to an intensive "office sabbatical" to pur- cultural organizations. The Endowment assist state arts agencies in undertaking sue a subject of special interest. Candi- has an active interest in participating programs in architecture and related de- dates should be sufficiently experienced in these efforts, within funds available to sign fields. These grants are intended to in practice to possess a broad under- it, and insofar as they are directed to encourage support of the design profes- standing of their profession. Fellow- professional creation and presentation sions within the states and to stimulate ships are not intended to support fur- of new works, improvement of artistic design-related research possessing state- ther graduate work or the purchase of standakds, preservation of our cultural wide applicability. major Items of equipment, but rather for heritage, and increasing the availability Deadline:July 1,1974. Applications for the development of personal skills and of the arts for all Americans. If funds submission must be postmarked no later concepts of lasting value to designers under these guidelines are sought for than July 1, 1974. Announcement of re- and their profession. projects deemed by the applicant to be sults will be made in October 1974; there- Applicants are asked to formulate their related to the bicentennial, a brief de- fore, the project commencement date own fellowship programs which will be scription of this relationship should may not be earlier than November, 1974. evaluated according to their potential for be made in the application. Applications for fiscal 1976 funding will advancing the individual's personal de- be accepted throughout the year. velopment and the value of the work to CATEGORIES OF FUNDING Eligibility. Grants are available only to the profession. PUBLIC EDUCATION AND) AWARENESS the officially designated state arts agen- Deadline: January 6, 1975. Applica- cies on behalf of themselves or for cities tions for submission must be postmarked Increased professional competence will within their states. no later than January 6,1975. Announce- be of limited value unless it is accom- Grant amounts. In general, these ment of results will not be made before panied by an increased public sensitivity matching grants will not exceed $10,000. June "1975.Project commencement dates to the man-made environment, its prob- How to apply. Application forms may notbe earlier than August 1975. lems, and the potential for improvement. (OMC-A-102) may be obtained from the Eligibility. Applicants must be cur- The physical fabric of a country -can Architecture + Environmental Arts Pro- rently engaged in the professional prac- be no better than the level of awareness gram, National Endowment for the Arts, tice in the fields of architecture, plan- of its citizens. Individuals outside the Washington, D.C. 20506. ning, landscape architecture, interior design professions are called upon daily design or industrial design. They must to make design-related decisions-as M'OFESSIONAL EDUCATION ADl DEVLOP- pos-sess a minimum of a Bachelor of Arts consumers, clients, and voters. The ob- 11ENT: ACADEC ANM PROFESOIONAL E- degree or the equivalenc in the appli- jective of this program is to provide in- SEARCH GRANTS cant's field of practice. Finally, they must formation on design topics to educate A number of Federal funding sources hold a license if so required by the pro- the public to the importance of their role currently award grants for research fesslon and must have a minimum of five in the design process, to heighten public projects that deal with the more tech- years of professional practice.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17140 NOTICES Amount of grants. Fellowships will be senting communities across the country rDPAL mirrccuzr PnoJECT awarded for $10,000 each to generally and featuring "edges" ranging from Initiated in October 1973, the Federal cover a 6 to 12 month period. waterfronts to highways and historic Architecture Project is nearing comple- No=x: For tax information on fellowship edges. tion of a thorough study of opportuni- grants, please consult Publication 520 (10- Funds for fiscal years 1974 and 1975 ties and constraints affecting the quality 72), Department of Treasury, Internal Reve- are being combined to support a second of Federal architecture. In addition to nue Service. Copies may be obtained from. National Theme program entitled City a review and expansion of the 1962 Guid- local Internal Revenue Service Offices. Options. Grants under this program will ing Principles for Federal Architecture, Iow to apply. Application forms support projects concentrating on spe- the study has explored several major ele- [NEA-2 (Rev.)] may be requested from cial settings within cities that provide ments of architecture in the Federal the Architecture + Environmental Arts distinctive character and identity. Both realm: landscaping, interior, and urban Program, National Endowment for the programs have been designated bicen- design; architecture/engineer selection, Arts, Washington, D.C. 20506. Completed tennial projects by the National Coun- adaptive use of older buildings, and applications should include the follow- cil on the Arts in recognition of their mixed-uses in Federal facilities. Findings ing information: stated aim of promoting and preserving and recommendations of the Project will A comprehensive resum6 of past ex- America's cultural heritage. be reviewed in the Spring by members of perience including information on edu- The deadline for submission of City the Federal Architecture Task Force cational, professional practice, honors, Options applications was January 15, composed of distinguished citizens and travel and publications. 1974; therefore, no City Options appli- design professionals. cations will be accepted during fiscal A description of the study to be under- FEDERAL GRAPHICS taken, research objectives, anticipated year 1975. During the coming year, the benefits to the individual and the profeg- Architecture+Environmental Arts Pro- The Endownlent-sponsored program to sion, and a proposed schedule of work, gram will develop the means for dis- achieve graphics excellence throughout procedures and plans for presentation tributing the results of the City Edges/ the Federal Government has gaincd must be included within the "Project City Options projects and initiate plans momentum among Federal agencies. Six- Description" (Applicant may submit ma.- for a future National Theme program. teen agencies-twenty-five percent of the terial to supplement the information re- The following design-related pro- total number-have had their graphic quired on the application form.) grams are non-granting activities con- materials evaluated by an expert panel, ducted by Architecture + Environmental with most agencies implementing recom- SERVICES TO THE FIELD Arts and are included in these guidelines mendations to upgrade graphics and Im- A minimum of three letters of endorse- for information purposes only. prove communication effectiveness. ment accompanying the application at- EXCELLENCE IN FEDERAL DESIGN CIVIL sERVIcE cOMMISSION TASIC FORCE testing to the applicant's professional competence, his qualifications for execut- The Endowment recognizes that ex- The Task Force recently reported its ing the proposed study, and the relation cellence'in design-related fields should conclusions and recommendations on of the applicant to his employing office be a major concern of public agencies at Federal recruitment, hiring, and training during the fellowship period. all levels of government. of design professionals. Copies of the The Architecture + Environmental In May 1972 President Nixon desig- Task Force Report, Excellence Attracts Arts Program will continue to provide as- nated the National Endowment for the Excellence, are available directly from sistance to those national membership Arts as the lead agency to implement the the Civil Service Commission, Washing- organlzaticns which serve the design pro- -Federal Design Program. In response to ton, D.C. 20415. the President's initiatives, the Endow- fessions. Proposal requests should con- ONGOING =-DEIAL AGENCY ELFORTS centrate on projects of national priority ment is coordinating a number of efforts that will benefit the widest possible range to upgrade the quality of design among In conjunction with these activities, of members. Federal agencies. In addition to these additional design-related programs are Deadline: January 6, 1975. Applica- efforts, the Endowment is seeking to planned for the coming year. Federal De- tions for submission must be postmarked encourage "design excellence" programs sign Matters, a newsletter for designers no later than January 6, 1975. Announce- by state and local governments. and administrators, will be published pe- ment of results will not be made be- While the following Endowment pro- riodically during Fiscal Years 1974 and fore June 19,75, thus, project commence- grains are directed at Federal agencies, 1975. The newsletter will seek to pub- ment dates may not be earlier than July they may also serve as models to state licize Federal agency design accomplish- 1975. and local governments desiring to'ini- ments, as well as progress of the Federal Eligibility. Grants will be awarded tiate their own design improvement pro- Design Program. The newsletter may be only to national membership organiza- grams. These efforts have been desig- obtained from the Superintendent of "tions representing design professionals nated as bicentennial programs by the Documents, U.S. Government Printing in the fields of architecture, landscape National Council on the Arts. Office, Washington, D.C. 20402. Service architecture, urban design, city and re- DESIGN ASSEMXBLIES As an outgrowth of the Civil gional planning, interior design, and in- Commission Task Force Report, a pilot dustrial design. In April 1973, the First Federal Design Design Management Seminar will be Grant amounts. Matching grants up Assembly was held under the sponsor- held for Federal administrators in the to $20,000 with most grants for less than ship of the Federal Councl on the Arts Summer of 1974. the maximum. and the Humanities-and administered by As a participant in continuing Inter- Arts. How to apply. Application forms the National Endowment for the agency design efforts, the Endowment i, [NEA-3 (Rev.) 3 may be obtained from Structured around the theme, "The De- working with the Federal Prison In- Arts sign Necessity," the event provided a rare dustries (FPI), a government corpora- the Architecture+Environmental for interaction between pro- Program, National Endowment for the opportunity tion, to improve the design quality, 20506. fessional designers and Federal agency manufacturing processes, and marketing Arts,,Washington, D.C. officials. In addition to drawing consid- potential of products manufactured by 14ATIONAL THEIE PROGRAI: CITY EDGES AND erable professional and public attention the FPI CITY OPTIONS to the importance of public design qual- Another area of potential Influence oil In fiscal year 1973 Architecture+En- ity, the Assembly resulted in a number of the quality of public design conshsts of vironmental Arts initiated a National actions by Federal agencies to upgrade the Endowment's newly-acquired re- Theme category. The first theme, City their design standards. sponsibility for commenting on the en- Edges, emphasized design and planning The Second Federal Design Assembly impact statements required will be held in October 1974. Its theme, vironmental for problems relating to urban boundary or Federally-funded proj- conditions. City Edges grants were "The Design Reality," will concentrate for all Federal awarded to thirty-seven projects repre- on elements of the design process. ects.

FEDEPAL REGISTER, VOL 39, NO. 93-ONDAY, MAY 13, 1974 NOTICES 17141 AagAs OF SPECIAL INTEREST specialized nature with exacting tecbni- the Grants Office, National Endowment PRESERVATION THROUGH cal requirements of lighting, acoustics, for the Arts, 1425 K Street, N.W., Wash- ADAPTIVE USE air/temperature controls, security and ington, D.C. 20506. The preservation of America's archi- appropriate interior environments, an- Inquiries regarding program nterest; tectural heritage has long been a subject other important research aim Is to de- or application content should be directed- of major interest to the Architecture + velop publications of a technical assist- to the Architecture + Environmental Environmental Arts Program. While the ance nature which will answer questions Arts Program (202) 382-6657. Question program encourages and supports his- and serve as directory to consultants in of a fiscal nature should be directed to toric preservation, the primary interest this field. the Grants Office (202) 382-6057. is not in the preservation or restoration The National Council on the Arts be- Applications must be postmar:ed no of individual historic structures, but, lieves that cultural institutions and in- later than the deadline date for the pro- rather in the sympathetic adaptation of dividual artists could make a significant gram for which you are applying. The buildings and districts to create new contribution to the lives of citizens who Endowment regrets that because of time- vitality withia communities. are physically handicapped. It therefore consuming review procedures, applica- In keeping with this interest, the pro- urges the National Endowment for the tions postmarked after the appr6priate gram is sponsoring staff and contractual Arts to take a leadership role In advocat- deadline cannot be considered. research to examine the adaptive use ing special provision for the handicappad Although there may be more than one potential of older structures to serve as in cultural facilities and programs. inveztigator involved in executing a pro- centers of cultural, recreational, or com- The Council notes that the Congress posed project, only one entity may be the -nercial activity. Special emphasis will be of the United States passed in 1968 (P.L. legal recipient of a grant. The name of placed on possible new uses for under- 90-480) legislation that would require this person (or organization) should ap- utilized railroad stations, churches, and all public buildings constructed, leased pear as the first item on the application surplus Fedral property. or financed in whole or in part by the form. This entity will be responsible for The end result cf these studies will be Federal Government to be accesslble to complying with all requests and regula- the development of appropriate reAource handicapped persons. The Council tions concerning the grant application materials for distribution to public offi- strongly endorses the intent of this legis- and for informing co-investigators of the cials, design professionals, and interested lation and urges private intetests and application's status. citizens. governments at the State and local levels Names and titles should be typzd or The National Council on the Arts has to take the intent of this legislation into printed beneath all signatures appearing designated this program as one of the account when building or renovating on the application. Endowment's official bicentennial proj- cultural facilities. Selected supplemental material de- ects. The Council further requests that the scribing a project may be submitted CULTURAL FACILITIES National Endowment for the Arts and all along with the application. However. a of the program areas within the Endow- complete summary of the project descrip- At a meeting in September 1973, the ment be mindful of the intent and pur- tion must be contained within the space National Council on the Arts adopted a poses of this legislation as they formu- provided on the application form. It is resolution stating the policy of the Na- late their own guidelines and as they most important that this summary pre- tional Endowment for the Arts regarding review proposals from the field. The sent a clear and concise statement of accessibility to the arts for the handi- Council urges the Endowment to give the intent and purpose of the proposaL capped.- consideration to all the ways in which No matcrialwnUl be returned. One of the main goals of the National the agency can further promote and Im- Applications must be supported by a Endowment for the Arts is to assist in plement the goal of making cultural minimum of three letters o1 endorse- making the arts available to all Ameri- facilities and activities accessible to ment pertaining to the project's desira- cans. The rts are a right, not a privilege. Americans who are physically handi- bility and to the investigator's general They are central to what our society is capped. qualifications to undertake the proj- and what is can be. The National Council In view of the National Council on the ect. Such letters, each in triplicate (one on the Arts believes very strongly that no Arts' interest in the accessibility of cul- original. two copies), should accompany citizen should be deprived of the beauty tural facilities to the physically handi- the application. Endorsement letters and the insights into the human experi- capped, Architecture + Environmental must be received by the deadline date. ence that only the arts can impart. Arts Program will continue to develop Applicants should submit resunmis for ACCESSIBILITY TO -THE ARTS FOR THE pilot studies and resource materials per- the project director and other principal HANDICAPPED tinent to this field. The prinlary empha- investigators. sis of these efforts will be on increasing rn;AL raronria PnrocDurEs Architecture + Environmental Arts public awareness of the need to eliminate recognizes the necessity for the devel- the environmental and physical barriers All Endowment grantees must provide opment and utilization of cultural facili- facing the handicapped. In addition, re- to the Endowment, within 90 days of the ties to meet the needs of an increasing source materials will aim to provide tech- termination of the grant period, both public interest and participation in the nical assistance to architects and plan- a Final Expenditure Report and a Final arts. While the greatest needs bre for fi- ners by proposing exemplary models Descriptive Report on the project under- nancial assistance to support construc- and design solutions taken with the grant. tion costs and professional design fees, for making cultural facilities acessible to all people. These SAZIPLE APPLICATIO N limited resource restrict the Endow- materials will be made available to archi- ment's ability to respond to requests of tects, planners, government officials, arts Information to be provided in Final this nature. The focus with respect to administrators, and arts organizations. Descriptive Reports will, of course, vary cultural facilities is aimed at the de- with the project. Grant award letters velopment, through contractual means, GENERAL PROGnAMS v.ill include a paragraph specifying the of publications and resource materials n order to ensure budgetary flexibility, information to be contained in the Final pertaining to the design, planning, and funds have been set aside to enable the Report. utilization of facilities for the arts. program to respond to new developments The attached sample application form Architecture + Environmental Arts- in the field of design. is ,intended to provide general guidance initiated research will be directed to- FO OF for the presentation of budget informa- wards developing information on tradi- SPECIAL INSTRUCTIONS SUmnsMsXON tion by organizational applicants. Re- tional physical settings for the arts, such APPLIcATxOis gardiezs of the amount requested from as museums, galleries, and theatres, as Application forms should be requested the Endowmznt, applicants should pro- well as exploring ways bn which railroad from the Director, Architecture + En- vide detailed budget information in each stations and endangered old buildings vironmental Arts, National Endowment section which applies to the proposed can be rehabilitated and -made adapta: le for the Arts, 806 15th Street, N.W., Wash- budget. for use by the arts. Since many facilities, ington, D.C. 20506. All formal applica- The individual application form is housing cultural activities are of a highly tions should be submittcd in triplicateto relatively self-explanatory.

FEDERAL REGISTER, VOL 39, NO. 93-.,ONDAY, MAY 13, 1974 17142 NOTICES NOTICES 17143

I 1q c 4 v vIT

0 c , i N,,4 , c 0 CIN j" 17144 'NOTICES

MUSIC PROGRAM as they are directed to professional creation to seek Information on the status of their Opera Guidelines and presentation of new works, improvement applications prior to notification. Ftundint for Fiscal Year 1976 of artistic standards, preservation of our levels will not be confirmed until Congrei- The following are guidelines for grants cultural heritage, and increasing the avail- sional appropriations are known. ability of the arts for all Americans. If funds made GRANT AMOUNTS under Opera division of the Music under these guidelines are sought for the Program of the National Endowment for projects deemed by the applicant to be re- Grants to opera companies will be con- the Arts, an independent agency of the lated to the bicentennial, a brief descrip- sidered In amounts within the following Federal government which makes grants tion of this relationship should be made in budget ranges: the application. Budget in excess of $1,000,000. Opera com- to organizations and individuals con- While most music projects in support of panies with expenditures in the 1073-1074. cerned with the arts throughout the the nation's bicentennial will fall into one of season In excess of $1,000,000 may request United States. the regular music categories, it is possible assistance of up to $150,000 in federal funds. that projects may be developed which do not Applicants in this category should request Notice is hereby given that the dead- readily meet the regular program guidelines. assitance through a combination of Program line-for this program is October 1, 1974. If funding levels permit, an additional grant Funds and Treasury Funds with no more Interested persons should contact Walter may be considered for support of a special than $100,000 through the Program Fund. bicentennial project. Such grants are not Please refer to: Methods of Funding, Option Anderson, Director, Music Program, Na- expected to be awarded to all organizations 3, page 6. tional Endowment for the Arts, Wash- meeting eligibility driteria, but will be re- In some Instances grants will be for leIter ington, I.C. 20506, (202) 382-5755, for served for Imaginative and significant activi- amounts; therefore, companies are urged to ties. It is anticipated that these grants limit any requests for Increased support further information and application will be on a highly competitive basis to a lim- above previous funding to moderate Incre- forms. Only the Music Program office ited number of organizations. Further In- ments. may distribute application forms. formation will be forwarded concerning ap- Budgets of $750,000 to $1,000,000. Opera plications if the program is initiated. companies with expenditures in the 1073- Signed at Washington, D.C. on 7 May LIGIBILITy 1974 season within this range will be con- 1974. sidered for grants in varying amounts up to By statute the National Endowment for -a maximum FANNIE TAYLOR, of $100,000 In federal funds. the Arts is limited to the support of organi- In most instances grants will be for leszer Director,Program Information. zations which meet the following criteria: amounts; therefore, companies are urged to GENERAL INFORMATION (1) Only those organizations which com- limit any request for Increased support above pensate at the equivalent of the prevailing previous funding to moderate Increments. The National Endowment for the Arts in minimum compensation level or on the basis Budgets of $100,000 to $750,000. Opera Fiscal Year 1976 (July 1, 1975-June 30, 1976) of negotiated agreements which would companies with expenditures in the 1973- plans a program of assistance to opera com- satisfy the requirements of Parts 3, 5, and 1974 season within this range will be con- panies. Although It is anticipated that total 505 of Title 29 of the Code of Federal Regula- sidered for grants in varying amounts up to resources available for this program may not tions for the duration of any project support $60,000 in federal funds. be known before the fall of 1975, the En- in whole or in part by the National Endow- In most Instances grants will be for lesser dowment is requesting applications at this ment of the Arts. amounts; therefore, companies are urged to time in recognition of the need for opera (2) Only those organizations which meet request assistance above Fiscal Tear 1075 companies to plan well in advance and to the applicable requirements of Title VI of levels In facilitate moderate amounts, development and processing of the Civil Rights Act of 1964 for the duration Opera companies not previously receiving applications. of any project supported in whole or in part assistance, and which are now eligible, are DEADLINE by the National Endowment for the Arts. asked to request only moderate amounts, (3) Only those organizations n which no that is, amounts within the scope of realistic Applications must be postmarked no later part of net than October earnings inures to the benefit fiscal planning. 1,1974. of a private stockholder or individual and The deadline will be adhered to strictly. to which donations are allowable as a char- NOTE TO ALL. APPLICANTS Applications postmarked later than October itable contribution under section 170(c) of' Grants in each category will not be con- 1, 1974 will not be considered under the Fis- the Internal Revenue Code of 1954, as cal Year 1976 Opera Program. sidered In amounts: amended. Copy of Internal Revenue Service (1) Exceeding the limits set forth In the Applications for opera companies meeting determination letter for tax-exempt status above category; the eligibility criteria as set forth on page 2 must be submitted with each application. (2) Exceeding 50 percent of the total cost may be obtained from the Music Program, Assistance, further, will be limited to proof the project(s). National Endowment for the Arts, Wash- fessional opera companies which have main- For clarification of assistance available ington. D.C. 20506. Project Grant Applica- tained an annual operating budget in excess through the Program Funds, the Treasury tion Forms (# NEA-3/Rev.) should be re- of $100,000 for a minimum of three seasons Fund and the Combined Program Funds and quested. and: Treasury Fund Method, see "Methods of The completed tipplication forms in trlip- (1) Which have. national or regional im- Funding," page -. cate, and all accompanying material, in du- pact and (a). produce fully-staged perform- plicate, should be returned to the Grants ances with orchestra; (b) provide sufficient PROJECT PRIORITIES Office, National Endowment for the Arts, rehearsal time to assure performances 'of (1) Activities, which reflect high artistie Washington, D.C. 20506. uniform artistic quality; and (c) are of high standards. artistic Integrity and rely primarily on their GENERAL PURPOSE (2) More opportunities for young Ameri. own artistic resources. can performers on a repertory basis. The purpose of this program is: (2) Which perform annual resident sea- (3) Variety in repertory, particularly the (1) To encourage and strengthen the persons of no fewer than two performances presentation of more American operas. formances of fully staged opera In all sec- each of three productions; (4) The use of a wider variety of qualified tions of the country and to improve the level (3) Which perform with orchestras and and imaginative stage directors and con- of artistic quality. choruses in rehearsal on a seasonal rather ductors. (2) To broaden the repertory to include than on a pickup basis. (5) Gf'eater stress on performances In works from various historical periods with (4) Which serve unique needs due to English. particular emphasis on the performance of geographical location or other special con- (6) Activities which will Increase and/or American works. ditions and dimonstrate high standards of generate new funding sources. (3) To provide sustained professional op- performance and administration. PROJECT EXAM.PLES portunities for American artists. GRANT PERIOD Although the Endowment welcomes the THE BICENTENNIAL CELEBRATION The proposed period of grant support vitality of new programs and, under all con- The Endowment recognizes tlhat the arts should not begin prior to September 1, 1975. ditions, encourages applicants to develop now will play an important role in the next few Generally, the projected grant period may sources of funds, applications first and fore- not extend beyond a one-year period. years in the celebration of our country's bf- most should represent the genuine needs of centennial. The Endowment welcomes this involvement on the part of artists and cul- NOTICE Or APPROVAL OR REAcTION the applicant organizations. Accordingly, tural organizations. The Endowment has an Notice of approval or rejection will be sent opera companies may request assistance to active interest in participating in these ef- as the Chairman authorizes in the summer strengthen existing programs. Also, assist- forts, within funds available to it, and insofar or fall of 1975. Applicants are requested not ance may be requested to support the same

FEDERAL REGISTER, VOL 39, NO. 9-MONDAY, MAY 13, 1974 NOTICES 17145 project for more than one year. In no in- TM NATIONAL OPEMA D;5LU'I project d crlplion. Budget detail for the In- at- dividual projects should be in accordance stance, however, should organizations a Treasury Fund their The Endowment, through with the catgories on the application, such tempt to extend their programs beyond provides sustain the grant with matching private funds, as: Peronnel. Fringe Benefits, Supplies. etc. capacity'to accommodate and support to The National Opera future substantial The budget fi-ures appearing on the first level of proposed expansion Into Independent organization which Institute. an pa3e of the application must represent the seasons. organizations and in- offers assistanco to sum of all expensas related to the projects. The following are examples of projects that dlviduals. Aiding young artists of exceptional National The Musio Staff advizes applicants to study are eligible for assistance. The talent through individual grant3 to per- Council on the Arts has recommended that carefully. point by point. the Ellgibilty Cri- formers, training in allied operatic profe3- ter" Maximum Grant Amout, and Proommr the Endowment extend first priority to appli- production of now or sons, assisting with Limitations, as decrzbcd earlier. before sub- cations which would provide assistance and Innovative pro- rarely performed operas and mttng an application. Applicants are urged recognition to American artists. technique, and Inter- grams in production to rota duplicates of any materials sent to (1) Programs designed to reach larger nd all fall within company cooperative projecta, the agency. more diversified audiences than those usu- the purview of the Institute. ally served by the subscription series; Le., Additional required materials: Inquiries and applications for aslstance improved services to local communities, such Plea e forward in duplicate the followin-- : should go directly to The as schools, Inner-city areas, parks, neighbor- from the Institute (1) Copy of Internal Revenue Service de- F. Nennedy hoods, churches, industries, etc. National Opera Institute, John termination letter for tax Pxempt statws Al- (2) Quality performances and/or services Center for the Performing Arts. Washington, though this letter may have been submitted (e.g. workshops, coaching), adaptable to D.C. 20566. previouly, it must be submitted with each in-school presentations. Project proposals application. directed to this area should Include: (2) Audited financial statement for the (a) Full description of the proposed proj-. oprior 1: rnocnse r uzza nao most recent completed fiscal period. Unau- ect to Include planning, program Implemen- Applicants requesting aslsstance from Pro- dited financlal statement is acceptable if tation and evaluation. gram Funds must pre:ent evidence in the audited statement is not available. but the (b) Letters of interest from cooperating proper space provided on the application audit should ba forwarded then avalable- organizations Involved. that one-half the total cast of the project (3) Total operating budget showing esti- (3) Projects to improve artistic direction will be provided by the applicant. Bourccs mated income and expensea for the 1974-75 and performance quality, including in- of matching funds must be Identified. and 1075-76 reazons. creased rehearsal time. (4) Scan brochure for 1873-4 and 1874- .(4) Fees for guest stage directors and Example: is. guest conductors. Grantee receives endowment aard. $20, 000 (5) Complete representative revi.w of (5) Professional apprentice programs in Required matching by the grantce- 20t000 regular performances from the past year with performance and/or management. datcs provided. (6) Professional coaching for local or area Minimum required budget-_. 40, 0,0 (0) Biographical sl-etches of arotlt director and chief administrator-. performers. OPTION 2: TarAiuny FUND zimruoD (7) Regional touring programs, prticu- (7) The supplementary information, sheets larlyto areas where live opera Is not ordinar- Applicants are encouraged to uso the completed In full. See pages 11-12. Eco I ly available. Cooperative planning with Treasury Fund Method. enclosed bro- 6wP1L=2zIETAn7r fl.Th'xzro. state fnd regional arts councils as sponsor- chure. The follo-ing material is required of all ing organizations to develop concentrated .EZmple: regional program. Bpplcants which have not received as-sistance (8) E*xtended seasons designed to increase Restricted gift(s) tM0, 000 in FItcal Year 1975 and applicants for which _ 6,. the number of productions and- perform- Endowment Treasury funds , 000 previously submitted Information. is not up ances. Evidence that the extension, without to date. Plese submit, in duplicte:' - 100.00 continuing Endowment support, would not Proposed award--- (1) A brief history of the organlzatio. Required matching by the granteo-- 100. 000 jeopardize the company'a continued exist- (2) The number of members of the board ence will be required. and the e=ectlve committee. Minimum required budget . 00,000 (9) E loration of new ways to improve (3) The number of times the board and earned, and contributed Income, including OPnoN 3: Cosan1M vsooahl FUNDS AND the e ecutive committecs meet. development programs staffed by profes- TrzasunY FOND Zscnolo slonal development personnel, and new SUppoavTnso srATaanaMTs Applicants may reque:t aistance through methods of promotion to increase audiences The following statements are required of and Improve ticket sales procedures. a combination of funds through the Treasury Fund method and Program Funds method, applic t3 as Indicated below, in duplicate: (10) Projects designed to improve qual- Statements to conflrm the involvement of ity of management. but the combined amount of federal funds cannot exceed the program maximum. cooperating organizations and/or Individuals (11) Increased collaboration with and/or must accompany all applications in the fol- sponsorship of programs with other perform- Example: lowing areas: ing organiz tlons, such as professional Program funds--- 0.000 orchestras and dance companies. (1) School-relted proposals. The Endow- Other projects may be Initiated on, recom- ment must be -- ured that schcol-related Restricted gift(s) 25,00 proposals have the cooperation of the ap- mendation of the Opera Saction of the Music Endowment Treasury fund __. 25.000 Advisory Panel. proprIato officials and classroom teachers and that careful, coordinated planning for in- I CrATIONS Combined restricted gift(s) and en- school concerts or educational programs has dowment Treasury funds--...... 60.000 ed. (1) Appicatlons will rarely be considered been accomplis (2) Pro.rams in special areas. The En- for non-speceflc support. Proposed award- ... . 100000 dorwment must be a_-ured that proposals for (2) Projects do not have to be new or Required matching by the grantee... 10O000 innovative. Assistance may be requested for program3 In special areas. such as the Inner city, have the cooperation of the leaders in strengthening and continuing existing pro- XM3nmum required budget- 200,000 grams. thoe areas and that businesses and other in- (3) The Endowment's assistance is never Os&N-r Appr'rxATWXc volved organizations are prepared to Identify With the program,plans. Intended to discourage admission fees Irre- vUS AP'PLICATION FoaM spective of how nominal the charge may be. The Endowment Is anxious to. know where (4) The Endowments assistance is never Typewritten application forms must be and when presentation will ccur, recogniz- intended to substitute for previous local submitted in triplicate. All essential elements ing that come detalLs muzt be tentative from support but, Instead, is designed to en- of the proposal must be Included In a concise time to time but, that in general, a vell- courage continuing and increased local project description in the space provided on defined propsal Is under consideration. contributions. the first page of the application. If addi- APzcATIo.- x~zvz (5) Applicants are required to limit their tional space Is needed, no more than tv o requests to a single application- however, additional 8%'1 x 11" pages may be attached The application, if not completed properly. requests for more than one project may be to each of the application forms. Will be returned to the applicant for correc- presented in the application if: If the appllant develops a multi-purpos tions. If the corrected application is not re- (a) The total funds sought do not exceed application, please number each project sep- ceived by the Endowment in time for process- the maximum funding stipulated on page 3. arately with Its own budget. For example: If ing in accordance with the deadline date, it .(b) The overall project description does the application contains three projects num- will not be consldered under the Fiscal Year not attempt to encompass all aspects of the bered 1, 2, 3-develop the budget numbered 1070 appropriations. The Endowment cannot 6pera company's total program. 1, 2, 3 to correspond with the appropriate accept responsibility for delays occasioned by

FEDERAL REGISTER. VOL 39, NO. 93-MONDAY, MAY 13, 1974 17146 NOTICES

the late arrival of applications or requests which have been improperly submitted. Numberpresented of performances in 1973-74 Attendanu Incomplete applicat'on ftles.-If all additional required material has not been submitted, the application may be rejected. Major subscription erC3 ...... Other l.cla p r'.."r..rm ce ...... APPLICATION PROCESSING ...... Tour or run-out performances ...... Children-youth performances ...... "...... After an application with all necessary In- Aged or handicapped performances ...... formation has been received, the file will be ...... Other performances ...... --Workshops, lecture/demonstratons, educational or community reviewed as follows: programs.... (1) The Endowment Music Staff, the Music .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...... Advisory Panel, and the National Council on the Arts successively review the application. Number of staff: ------Total Potential Income. (2) The applicant is notified concerning -Artistic. final action taken by the Chairman of the -Administrative. Ticket sales--1973-74: Endowment. -Volunteer. Number Sold. Applications are reviewed according to the of Home Hall. -Capacity Value. following criteria: (1) Artistic quality; 1072-73 1073-7.1 1974-76 (cnthmto) 1976-70 (n.thmatf) (2) Merit of the project; (3) Organizational stability; E xpenses ...... (4) Capacity to achieve objectives; Incom e ------" ------_ ------(5) Professional service to the maximum constituency. Notices of approval or rejection will be [FR Do.74-10960 Filed 5-10-74;8:5 am] sent, as the Chairman authorizes. Applicants are requested not to seek information on the OFFICE OF MANAGEMENT AND REVISIONS status of their applications prior to such notification. While the Endowment welcomes BUDGET DEPAUtTMENT O AGRICULTU11E expressions of interest in a project, extraor- - CLEARANCE OF REPORTS Agricultural Stabilization and Conservation dinary pressures beyond direct negotiations . List of Requests Service Record of Acreages Production and are not helpful. Disposition, Form ASCS 668, Annual, FNAL REPORTS The following is a list of requests for Lowry, Farm operators. At the conclusion of the grant period, the clearance of reports intended for use in Food and Nutrition Sorvice. Endowment requires final reports from all collecting information from the public Regulations-School Breakfast and Non- grantees. Reporting suggestions will accom- received by the Office of Management food Assistance Program Lnd State Ad- pany the grant letter. All grantees are re- and Budget on May 8, 1974 (44 uSC ministrative Exponzes, Form, Occasional, quired to submit the following in triplicate: 3509). The purpose of publishing this Lowry, State Agencies, School Food au- (1) Final Descriptive Report. A detailed list in the FEDERAL REGISTER is to narrative Inform thorltles. report describing what was accom- the plished during the grant period with NEA public. Regulations--National School Lunch Pro- The list includes the title of funds. each re- gram for Children, Form, Occasional, quest received; (2) Flnal Expenditure Report. An account- the name of the agency Lowry, State agencies, sponsoring school food au- ing of total expenditures and matching funds the proposed collection of in- thorities. related to the project. Note: This report is formation; the agency form number, if Statistical Reportin,- to be submitted on the same form *NEA-7 applicable; the frequency with which Service: Nursery Sale (Rev. 71), used for interim cash requests. the informatioi is proposed to be col- of Fruit Trees (Calif. & Texas), Form, The final cash request may also serve as a lected; the name Annual, Lowry, Fruit tree nurseries. final of_ the reviewer or re- expenditure report if all income and viewing division expenditures for the project are detailed. within OMB, and an DEPARTMENT o 11EALTHI, EUCATION, ANtD Indication of who will be the respondents W/ELFAR11 REPERTORY INsroRmIATIoN SHEET to the proposed collection. Name of Organization: The symbol (x) identifies proposals Office of Education: State Plan for Title IM, which appear to raise no significant is- ESEA, Form OE 4514, Annual, Lowry, State Departments Date: sues, and are to be approved after brief of Education. The information requested below must be notice through this release. DEPA=TIENT OF LABOR submitted before the application can be reviewed. Further information about the Items Manpower Administration: Appllcatlon Card, List repertory for the following seasons: on this Daily List may be obtained from Form MA 7-40, Occasional, Caywood, Job Productions Number of performances the Clearance Office, Office of Manage- seekers applying at State ES ofllces. 1973-74: .ment and Budget Washington, D.C. EXTENSIONS 20503, (202-395-4529).. DErPLTMENT Or AonICtlLTUnfl NEW FonAs Agricultural Stabilization and Conervation 1974-75: DEPARTZIENT Or AGRICULTULE Service: Statistical" Reporting Service: Measurement Uniform Grain Storage Agreement, Form of the Flows of Farm-Produced Capital: Additions to Dairy Herds and Beef Breed- CCC 25, Occasional, Evinger, Grain waO- 1975-76: Ing Herds, Form, Single time, Lowry/ housemon. Hulett, Cattle producers. Prices Paid for Sugarcane and Related In- DEPARTMENT OF HEALTH, EDDCATIO, AND formation, Form SU 128, Annual, fleyns- WELFAEN ford, Sugarcane processors, In Florida, SUPPLEMENTARY INFORMATION SHEz and Louisiana. Office of Education: Instructions for A-102 This page and all other material should be Financial Status Report and Performance DEPAUTZ=NT or c OM 1On Sent to Grants Office, National Endowment Report for OEEOP Programs, Form OE for the Arts, Washington, D.C. 20506. 116-2, Annual, Lov.Ty/GSA/Marcantonlo, Bureau of the Census: Special Dwelling Lit- Name of Organization: ------Local education agencies. ig Sheet, Current Pop. Survey, Form U.S. TARIFF COLITISSIO- 11-213, Occasional, Wann. Date: ------Producers' Questionnaire-Wheel Balancing PlTLLIP D, LAiisrm, The Information requested below must be Weights, Form, Single time, Evinger, Busi- Budget and Management OIcCr. submitted before the application can be re- ness firms producing wheel balancing viewed. wapbhtA. [PR Doc.74-11047 Filed 6-10-74:8:46 a]

FEDERAL REGISTER, VOL 39, NO. 93---MONDAY, MAY 13, 1974 NOTICES 17147 SMALL BUSINESS ADMINISTRATION bridge, New Jersey, plant of the RCA There are two major themes which Corp., New York, New York, the United dominate our report. DISTRICT DIRECTORS ET AL States Tariff 'CommLson, on May 8, First, both the public testimony and Delegation of Authority To Conduct 1974, Instituted an investigation under our own comments reflect many areas of Program Activities in Region !1; Correction section 301(c) (2) of the Act to determine fundamental dllati-faction with -the Secretary's report. The Secretary under- [Delegation of Authority No. 30, Region II] whether, as a result in major part of concessions granted under trade agree- standably limited his report in response Delegation of Authority No. 30-Re- ment-s, articles like or directly competi- to the statutory mandate to present his gion IT published in Federal Register on tive with electronic receiving tubes and "recommendations with respect to the March 6, 1974 (39 FR 8683), Part ITr,components thereof known as mounts georaphile zones within the region in and Section A, 1(2) should have read "$500,- (of the types provided for fiiItem 687.60 b2tween which ral service should be 000'" in lieu of "$50,000." of the Tariff Schedules of the United provided." As so limited, his report has Dated: April 29, 1974. States) produced by said firm are being not, In our view, provided the Association imported into the United .tates In such with a valid statistical basis for ap- WInDLE B. Pa=, increased quantities as to cause, or proaching the planning of a unified rain Regional Director, threaten to cause, the unemployment system for a substantial pat of the Region II. or underemployment of a significant country-a system whichb the Congress [FR Doc.74--10967 Filed 5-10-74;8:45 am] number or proportion of the workers has directed be designed to meet a variety of such firm or an appropriate subdivi- of social as well as economic goals. TARIFF COMMISSION sion thereof. The second principal feature to which The optional public hearing afforded the Association's attention should be CONSUMPTION OF KNIVES, FORKS, AND by law has not been requested by the directed Is the overwhelming public SPOONS WITH STAINLESS STEEL petitioners. Any other party showing response to the opportunity to participate HANDLES a proper interest In the subject matter in the rail restructuring process. The Report to the President of the investigation may request a hear- public has demonstrated not only that it Is most insistent that Its views be heard, I MAy 1. 1974. ing. provided such request is filed on or 23, 1974. but also that it can make a valuable con- To the President: before May tribution to the planning process by sup- Pursuant to headnote 2(c) to part 2, The petition filed in this case Is available for inspection at the Office of the plying both vlta: information and Ideas subpart D of the Appendix to the Tariff which are timely and imaginative. Schedules of the United States, the U.S. Secretary, United States Tariff Commis- Tariff Commission herein reports Its sion, 8th and E Streets. N.W., Washing- TA=L om CoNT=mrs office determination of the apparent U.S. con- ton, D.C., and at the New York City nT=oaucxo.;r sumption of knives, forks, and spoons of the Tariff Commission located in with stainless-steel handles in 1973 to Room 437 of the Customhouse. Pan;CIAL nECOuznamsuzons have been 51,363,141 dozen pieces. By order of the CommiIon. Vunc'Dn. ONz TO TEE DOT sM Ea The data for'each of the components 8,1974. DLeratnatfon of the DaT Report. used in the computation of apparent Issued: May Public participation. annual consumption of knives, forks, and [suAL] HEnrT= R. MasoN, Public reaction. are Motbodology and data bce. spoons with stainless steel handles Secretary. Abandonment aa a cure for railroad problems. shown in the table below. [R Doo.74-10958 Piled 5-10-74-;8:45 am] Service complaints. Knives, forfs, and spoons toith stainless- Econonic Impact. steel handles: Shipments by U.S. manu- Pa=angera and the environment. facturers, U.S. exports, U.S. imports for INTERSTATE COMMERCE Other uggeztlon and comments. consumption, and apparentU.S. consump- COMMISSION EVALs'AONT OF' TUC DO? SZMOR tion, 1973 [ES Parte No. 293 (Sub-No. 1); Vorth=atern Rail Invet-gatlon] Ba-ic approach taken by DoT. [In thousands of dozen pieces] Sourcei of b'acl data: Components Quantity RAIL SERVICE IN THE MIDWEST AND 1963 one percent waybill sample. Total shipments by US. manufac- NORTHEAST REGION 2072 carload origins and terminatios. turers1 22,46 Evaluation of the Secretary of Transporta. Inadvertent errors. Zethodoloale3: Exports ------442 tion's Rail Services Report Imports for consumption ------29.3,1 Direct local rai carvIce. Apparent US. consmption ------51,363 MAY 2, 1974. Potentially exce= rail lines. Mlajor Interstate traffic flow. 'Includes only shipments of domesti- Virtually every member of the staff of Competitive Ipteratate rail service. cally produced products. the Rail Services Planning Office con- A.sumption3 and criteria: -Total shipments by U.S. manufacturers, tributed to the accompanying report. It plus imports, minus exports. 'is a staff of which I am proud, and one Development of the Interstate network. network. Shipments and exports as reported of Development of the local service Son am: which I believe to be fully capable Pa-znger tervice: to the Tariff Commission by the domestic making a continuing contribution to the imports compiled from official General. producers; success of the railroad restructuring The NortheAst Corridor. statistics of the US. Customs Service. process. We look forward to the op- Economie Implications. By order of the Commission. portunity of working with you and your Competition and coordination: colleagues as the planning process pro- Competition. [sEAL] G. PATRIE HENRY, ceeds during the forthcoming monthS. Coordination. Acting Secretary. Additional consIderations: Sincerely, INational recurity requlrement . PR Doc.74-10959 Filed 5-10-74;8:45 am] GEOIE-AL CAIDLE.1, Energy re-,oure. Director. Environment. [TEA-W-2341 The accompanying report Is submitted RCA CORP. pursuant to section 205(d).(1) of the Propozed sWudiles. Public partlclpatlon. Workers' Petition for a Determination; Regional Rail Reorganization Act of 1973 Notice of Investigation which requires the Rail Services Plann- IranODUCTIO= to the United States ing Office to submit The Regional Rail Reorganization Act On the basis of a petition filed under Railway Association Its evaluation of the section 301(a) (2) of the Trade Expan- Report of the Secretary of Transporta- of 19713 (Public Law 93-236; 45 U.S.C. sec. sion Act of 1962, on behalf of the work- tion entitled '"Ril Service in the Mid- '701 and following) (the "Act") provides ers and former workers of the Wood- west and NortheastReglon." for the restructuring of the railroad sys-

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17148 NOTICES Existing interstate mainlines should this report of all the nformation re- tern in the lidwest and Northeast Region In particular It should be noted of the United States, defined in the Act be consolidated into a high volume uP- ceived. graded network shared by the Corpora- that the discussion of the public partici- as encompassing 17 states and the Dis- -pation which follows focusez largely upon trict of Columbia. The Act requires that tion and other carriers in the region, with unnecessary duplicative lines and the oral testimony taken at the hearinga, there be created, through the restruc- and that the ana]ysis of the written turing process, a financially self-sustain- facilities downgraded or eliminated. Local rail service requirements should statements which have been received is ing rail system capable of providing ade- still in a relatively early stage. quate rail service in the region, while'ef- be filled generally by a single carrier in social, economic, and a given 'geographic area, with rail facili- Finally, this report contains a brief fectuating specified plans to environmental goals. ties which are not financially self- description of what the Offlce the sustaining being abandoned unless sub- do between now and the Issuance by the The Act created, or provided for System of, entities to which sidized by state or local transportation Association of the Preliminary creation three new Plost importantly, we reference will be made throughout this agencies. Plan next October. Services Plan- Rail competition should be maintained wish to stress that there remains a major report. They are: the Rail public in the railroad re- ning Office (the "Office"), created by the only over the interstate network from role for the Com- traffic centers that generate a minimum structuring process, and that continued Act in the Interstate Commerce is both necesmry mission (the "Commission"); the United of eight daily trains traveling more than public participation States Railway Association (the "Associ- 200 miles in the same direction. and welcome. ation"), a nonprofit corporation to which The second step in the statutory plan- Piniwcip. RECOUnENDATIONS process was the conduct, by the Of- Is delegated the basic system planning ning and Rail fice, of public -hearings providing an Having reviewed the DOT Report responsibility; and the Consolidated the public testimony which haz been sub- Corporation (the "Corporation"), which opportunity for interested persons to ex- be a for-profit corporation created to -press their views on the DOT Report. mitted, the Office makes the following is to principal recommendations to the Asso- operate the rail system designed by the Hearings were held during Mlarch in 17 cities in the region. Copies of all oral tes- ciation; Association. STATUTORY GOALS The principal features of the restruc- timony and written statements have been TLM turing process are as follows* supplied to the Association. The Association should give full con- Within 30,days of enactment, the Sec- In issuing this report, the Office fulfills sideration to the social goals enumerated retary of Transportation was to submit its responsibility to submit a report to in section 206(a) of the Act which time a report containing his recommendations the Association on the DOT Report constraints prevented the Secretary from and conclusions for rail service between within 120 days of enactment of the Act. addressing in depth. of the n the time available to, it thus far, the and within' geographic zones T1IMrSPOITATIOIT DATA region and describe the criteria used. Office has instituted its own analysis and The Office was to hold public hearings review of the DOT Report, and it has be- The Association should seer more com- on the Secretary's report and prepare a gun the review and evaluation of the plete traffic data than was used in the report containing an evaluation of the massive amount of' material that has Secretary's Report, Ideally collecting Secretary's recommendations based on been received to date as a result of the sufficient data to develop historical the hearings and its own appraisal of the public hearings which have been held. trends and future traffic projections. A report. The analysis of both the DOT Report and 1980 time horizon is suegested as reason- Based on information and reports pro- the public submissions is continuing, and able for traffic projections. vided by the Secretary, the Office, and public demand for an opportunity to par- The Association should give considera- interested persons, the Association will ticipate in the planning process has made tion to obtaining information from uers prepare a Preliminary System Plan. it necessary to schedule additional hear- of rail services and other avaflable The Office will hold public hearings, ings at a number of locations during the sources, including reliable Industrial nd and issue a report, on the Preliminary next several months. So that the fruits population growth projections, and not System Plan. of the continuing analysis and the re- rely solely on traffic flow data furnished Based on these public hearings, com- suits of the further hearings may be by the railroads. evalua- made available to the Association and ments by interested persons, and AiD ITS InIrPEflE1TAT O1 tion by the Office of the Preliminary Sys- the public generally, the Office plans to SYSTEDT DESXGn tem Plan, the Association will prepare a issue supplemental reports prior to the The Association should consider lines Final System Plan, and submit it to the date 6f issuance of the Preliminary Sys- as segments of a total system and evalu- Congress. tem Plan. ate their capabilities for contributing to The Commission will prepare an evalu- In this report we have described the overall system efficiency, rather than re- ation of the Final System Plan. public-participation in the hearings held quiring that each line or mile of track The Congress will pass upon the Final to date. We have explained'in some detail meet a test of Independent profitability. System Plan submitted by the Associa- the methodologies which led to certain The Association should scrutinize with tion before it is implemented. If rejected of the basic conclusions of the DOT Re- great care the results of any attempt, by Congress, the Plan must be revised by port. We have described the results of our based upon purely statistical methods, to the Association and returned to Congress own analysis of these methodologies and identify particular rail facilities as re- for approval. of a number of assumptions upon which dundant, and should test any such sta- Once approved by the Congress, the the DOT Report was provided. We have tistical conclusions in the light of the Final System Plan will become the basis suggested a number of directions which practical knowledge of those with experl- upon which specific rail properties of the might be taken by the Association in de- ence in conducting railroad operatlons. and Final Sys- existing bankrupt and solvent railroads veloping the Preliminary The Association should consider for in the region are to be transferred or tem Plans. Our principal recommenda- inclusion in the system facilities which conveyed to the Corporation or other sol- tions to the Association are listed at the traffic others will be wil permit the routing of through vent railroads to make up the restruc- beginning of this report; around, instead of through, densely pop- system or.are abandoned (unless found throughout the text. the tured important that there be a ulated areas and which will permit retained to provide rail-services under It is equally removal of yard and switching opera- the subsidy provisions of the Act). clear understanding of what we have not in the time tions from areas where they now unduly this sequence was attempted. It was not possible or impcde rational urban The first step of the Act to review every obstruct traffic completed February 1, 1974, with the allotted under development. decision in the DOT Report respecting issuance of the Secretary of Transporta- The Association should not limit its in individual rail services. The record In tion's report entitled, "Rail Service In selection of prospective main lincz to Region" (The this proceeding contains valuable, and the Midwest and Northeast most specific, data con- lines which are now equipped with auto- Report"). many instances the Score- "DOT Time did matic signal systems, as did Principal conclusions and recommen- cerning local rail operations. and discussion in tary. dations of the DOT Report are: not permit the recital

FEDERAL REGISTER, VOL 39, NO. 93-.IONDAY, MIAY 13, 1974 NOTICES 17149

The Association should consider alter- The extent to which Intramodal rail portatlon in the DOT Report, but also nate means of handling freight traffic competition can be sustained should be to elicit public views on the present and now moving over the Northeast pas- addressed carefully, and consideration future rail service needs of the region. senger corridor between Boston, New should be given to alterpative dlspo- In connection with this latter respon- York City, and Washington. The Final tions of the properties of the railroads sibility, section 205(d) (2) of the Act pro- System Plan should include and provide in reorganization which would make pos- vides that the Office shall- for the improvement of routes which sible the profitable co-existence of com- employ and utilize the servlces of attorney3 would make it possible to remove as peting rail systems in the region. and -uch other perzonncl 6a may be required much freight traffic as possible from the The Secretary's assumption that the In order properly to protect the Interest5 of corridor. ability of a particular route, point, or tho:o communltic. and uzem of rail service The Association should give priority market to sustain competitive rail serv- which, for whatever re=aon. - * * might consideration to the selection of yard iae can be determined on the basis of the not otherwiLz be ndequately repre-ented imd terminal facilities needed to provide number of train operations experienced rail services in the region. This should be in a- given period should be tested with Pursuant to that Congressional mandate, done in: conjunction with, if not prior care. the Director of the Office appointed a to, the selection of mainline routes. The Association should consider Public Cou=-el, whose function is to pro- The Association should recognize the whether the Secretary's conclusions as vide legal representation and assistance problems attendant upon consolidating to what constitutes an "efficient size" to the public throughout the restructut- the services and facilities of a number train are valid, and the extent to which ing process set In motion by the Act. of individual railroads and provide in the adjustments In those conclusions would In connection with its review and anal- Final System Plan for a transition period affect his recommendations concerning ysis of the DOT Report, the Office was during which the Corporation, or other the degree to which competitive rail directed by the Act to hold public hear- acquiring railroads, can do the planning service can be provided economically. in-s to solicit views and comments. Since the statutory timetable requires the Office and personnel training, and make the In determining where intramodal rail capital improvements, necessary for im- to issue its evaluation of the Report by competition can be maintained, the As- May 2. 1974, it was considered necessary plementation of the Plan. sociation should consider grouping sev- LOCAL SERVICE to begin public hearings only a month eral of the zones into which the Secre- after Its issuance. Thus it was deter- The Association should reject the Sec- tary divided the region, especially in the mined that hearings should be held in retary's method of determining branch Northeast where the zone tend to cover representative cities throughout the re- line viability which was based primar- small geographic areas. gion begInning early in March. On the ily-if not solely-upon the number of ionT USE basis of geographic location and travel- carloads handled. in. dlstances from other points in the The Association should consider The Association should accept and im- region, 17 cities were selected as hearing whether to include certain marginal plement the Secretary's recommendation sites. Eight hearings were conducted -branch lines in the system. Their ex- that rail facilities be used jointly by more than during the week of March 4; eight more clusion could result in their operation one carrier wherever it Is feasible during the week of March 11; and one as independent short-line railroads, thus and cost-effective to do so. during the following week. The hearing commanding a division of the joint reve- PASSENGER SERVICE locations, and the number of witnesses nues which would result in the Corpo- appearing at each point, were as ration being placed in a poorer financial The Association, in making mainline selections, should consider those lines follows: position than if it had operated these Albany, M.Y ------160 lines as branches. which currently carry passenger traffic, and those which have passenger service Boston,B31tmore. . d ...... 179142 SYSTEM CAPACITY potential, In three separate categories: Charleston. X7. Va...... -50 The Association should scrutinize with long-haul intercity; intermediate dis- Chlcago M.l 195 great care the rail line capacity assump- tance, high-density intercity; and com- Columbus, Ohio ...... 286 tions made by the Secretary. muter. Datrolt. M2ch ...... 200 In addition to the potertial design IMPACT UPON POFXTA3LE nAILROADS Green Bay. VL. ... 75 capacity of a line, such other factors as Hurford. Co n- .... 188 grades, curvature, clearances, sidings, The Association should consider the Ind1anpol 1 nd ..... 257 competitive impact of the operations to IT= York, .Y...... 78 train mix, and maintenance require- Philadelphia. Pa...... - 185 ments should be taken into account. be conducte4 by the Corporation upon Plttsburgh. P... 122 The Association should determine the all the surviving profitable railroads in- St. LOUi . 181 capacity of yards and terminals, both as cluding switching and t6rminal com- Scranton. P. 207 an end in itself and as yard capacity af- panles in the region, and take steps to Tronton, ZTJ -...... _ 138 fects the ability of main lines to achieve assure the continued viability of those WVahlngton, D.C .... 68 their theoretfcal capacity. carriers. A total of 2,691 witnesses testified at; The Association should consider the PUBLIC PAITICIPATION the hearings, and in all 71 days of testi- deteriorated condition of much of the mony were taken, resulting in a hearing rail plant in the region and include in ,The Association should scrutinize with record of 14,531 pages. Over 1,500 docu- the Final System Plan, at least tempo- care the material-both factual and con- ments were submitted in lieu of oral rarily, facilities sufficient to meet service ceptual--submitted, and to be submitted, testimony prior to the March 28 cut-off needs while other facilities-perhaps po- to the Office by users of rail services, gov- date which had to be established for sub- tentially superior-are being upgraddd to ernment officials at all levels, and other mlzslons to be considered In the prepara- a capacity level which can provide the interested members of the public. tion of this report. Several thousand ad- service required. The Association should begin at once ditional statements have been submitted to devise a means for makrng prompt and since that time. EQUIPMNT SUPPLY AND MAINTENANCE. widespread distribution of the Prelimi- At evach hearing location one, in most The Association should give consider- nary and Final System Plans. Otherwise instances two, attorneys from the Public ation to the selection of car building and effective public participation in further Counsel's office were assigned to repre- car and engine repair facilities necessary stages of the planning proce-s will be sent the public. For this series cf hear- to sustain the operations of the Corpora- impossible in view of the extremely tight ings the Public Counsel's permanent staff tion. statutory timetable. of four attorneys was supplemented by 26 other attorneys who were PUBLIC RESPONSE TO THE DOT REPORT retained for PAM COMPETITION this purpose. The Public Counse's office The Association should reevaluate the The Act directs the Office not only to attorneys supplemented the Office's other Secretary's conclusions concerning com- study and evaluate the rail service rec- governmental and industrial liaison ac- petitive rail service. ommendations of the Secretary of Trans- tivitles by spreading information about

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17150 NOTICES the Act and the DOT Report directly to ous individual locations, such as the Del- One of the questions most frequcntly those most immediately affected. Each marva Peninsula, the Lehigh Valley In asked members of the Office's staff was hearing city was visited by at least one Pennsylvania, and the Dayton, Ohio what was the effect of DOT's labeling as attorney several days prior to the sched- area were especially well-represented. "potentially excess" the lines of profit- uled hearing in order to assist the public By far the largest group of witnesses able railroad. (This Is. a question for directly and to solicit suggestions 'first- appearing were the shippers and manu- which a really satisfactory answer has hand. facturers who 'saw themselves as di- not yet been found.) Another question DISSEIINATIOIT OF THE DOT REPORT rectly affected by the identification of often heard was why lines which carry potentially redundant lines contained in heavy passenger traffic, and which may One factor which made effective public the DOT Report. The next largest group even be subsidized by a state or local participation difficult was a general lack represented were government officials, government, were Identified as poten- of knowledge about, and the inability to followed by planners and agricultural tially excess, and whether it was antici- obtain copies of, the DOT Report. Sec- shippers. pated that freight service would be ter- tion 204(b) of the Act required the Sec- The bulk of the testimony focused on minated on such lines even though they retary to submit his report to "the Gov- local rail service needs and problems. might be kept in operation for passen- ernor and public utilities commission of This testimony generally was concerned gers. (The answer here apparently Is that each State studied in the report, local with criticizing and questioning the DOT showed these lines as potentially governments, consumer organizations, methodology, criteria, and conclusions' excess because the freight service did not environmental groups, the public, and contained in the DOT Report. The sub- satisfy a statistical formula. Neverthe- the Congress." However, the broad dis- stance of public sentiment on these is- less, DOT assumed that freight servlce tribution contemplated by the statute sues was: local rail needs and problems would be operated over these lines as long was not fully accomplished. Many wit- are many and serious; the social, eco- as they were needed for passenger nesses, and other interested persons con- nomic, and environmental impact of rail traffic.) tacting the Office, complained that they service discontinuance in many in- Another question that arose frcquently were unable to obtain copies of the DOT stances would be severe; and DOT's sug- was whether individual stations shown aq Report, and -particularly of Volume It gested blueprint for resolving the rail not entitled to rail service In the DOT containing individual zone maps. Many crisis in the Northeast and Midwest is report, but which were located on lines of those most heavily affected were not inadequate. not identified as potentially excess, would aware of the Report until informed of its The level of participation in the hear- actually lose their service. (The answer existence b'y representatives of the Office. ings emphasizes the widespread and deep is that this was not DOT's intention,) Even then, it often proved impossible for seated public interest in the rail plan- There was considerable public confusion them to obtain copies, either from DOT ning process. The public contribution also concerning application of the cri- or the local outlets of the Government has been a valuable one to date, and teria by which Individual stations and Printing Office. To avoid a repetition of the general views and comments, as well lines were determined to be entitled to, or this unfortunate situation, the Associa- not entitled to, continued rail service. im- as the mass of factual material, are tion is urged to begin making plans worthy of careful consideration. In fact, (Since the basis for the application of mediately for the prompt and wide- in view of the railroad data deficiencies these criteria on a tone-by-zone basis spread distribution of the Preliminary discussed later in this report, it may well was not made public, it was often impos;- and Final System Plans. be that only through information ob- sibIe to determine how they were applied PUBLIC PARTICIPATION tained from rail users can an accurate to individual local branch lines.) Participants in these proceedings rep- picture be developed, even of historic rail Certainly the greatest single factor traffic originations and terminations. that generated fear, anger, and frustra- resented a cross-section of public inter- tion anong ests including federal, state, and local Copies of the hearing transcripts and the public was the failure governmental officials; all other written material submitted to of DOT to explain clearly what the re- manufacturing, port wholesaling, retailing, and agricultural the Office are being supplied directly to meant by classifying a particular shippers; carriers; environmental, con- the Association. Their careful study is rail line as "potentially excess". To most servation, consumer, and passenger recommended. The Office itself has not readers, this meant simply that a govern- groups; had sufficient time to make as thorough mental decision had been made, arbi- and a variety of other diverse trarily and without the opportunity for interests. Written statements have been a review of the materials submitted for received from the United States Depart- the record as it would hale liked to do public comment, that the line in ques- ment of Agriculture, the Department of prior to the issuance of this report. That tion was to be abandoned. Admittedly, Defense, and the Environmental Protec- review and analysis is continuing, and this was a misunderstanding, but the its results will be made public as soon as general outcry against such an antici- tion Agency; several States in the pated action should convince govern- region and the National Railroad Pas- possible. PUBLIC REACTIOI" ment planners and policy makers aliie senger Corporation (Amtrak). that the public is not willing to accept The sophistication and specificity of It can fairly be said that the DOT Re- any proposal resulting in massive aban- comment varied widely, from the highly port left a substantial portion of those donment of rail service -while Ignoring technical remarks of economists and into whose hands it came either confused the social, environmental, and economic engineers to the more general comments or angered, or both. It is to be expected costs of such an action, and not provid- of other concerned citizens. Some wit- that individuals taking the time and ing the opportunity for full public hear- nesses presented detailed maps and ex- making the effort to attend a public hearings. tensive specific information regarding" ing or to submit their views on a govern- carload counts, tonnage, track condi- ment planning proposal will be those DETHODOLOGY AND DATA VASE tions, revenue projections, and alternate who see their own oxen as being gored. Testimony on the DOT Report was modes of transportation. Others regis- Thus a great deal more critical than generally critical of the methodology and tered their general concern for the fu- favorable comment can be anticipated in provided enough specific data to question ture of rail transportation in the region. a proceeding of this kind. However, that its accuracy. In short, the public viewed Still others made valuable contributions fact of human nature does not mean that the Report with great skepticism and to the development of a restruicturing much of the misunderstanding caused considered It myopic In assessing the via- methodology. by the DOT Report was unwarranted. bility of raft service on particular seg- Geographically, the witnesses repre- Much of it was probably inevitable, given ments of a railroad. sented the entire northeastern quarter the form the Report took, but it could More specifically, the public was highly of the United States. Participation was have been greatly reduced had there particularly heavy from the rural agri- been included a more complete, or critical of the DOT dependence on the cultural areas of Illinois, Indiana, and simpler, explanation of its purposes and narrowly-conceived criteria of carloads Ohio, Pennsylvania and New York. Vari- methodology. per mile. It was repeatedly suggested

. FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17151 that the only acceptable means of deter- Ing the criteria developed for use In the orY of the DOT Report to Its logical mining branch line viability is a detailed Report to such profitable railroads as the conclusion, traffic could become so con- cost and revenue analysis, taking into Detroit, Toledo and Ironton; the Akron, centrated on a few inter-city lines that account not only what is actually trans- Cantan, and Youngstown; and the To- there would be no time for repair and ported on a specific line, but what could ledo, Peoria, and Western, the result was maintenance. If a derailment or other be transported on a well-maintained-and the finding that virtually all the lines of blockage should occur, it could be pos- efficiently operated railroad. these carriers, despite their demonstrated sble that there would be no parallel line The DOT Report's reliance upon the ability to thrive, were potentially ex- available over which to effect an alter- 1969 one percent waybill sample for cess. nate routing. Others pointed out that evaluating interstate, long-haul service Finally, DOT's findings and recom- too much emphasis on consolidation of requirements and upon 1972 origination mendations, which the public considered the present rail system would result in and termination carload data for branch- to be based on unacceptable methodology even more traffic having to move through line evaluation drdw numerous adverse and criteria and inaccurate data, were already congested gateways. Shippers in comments. It was noted that these data challenged on the basis that in some southern Illinois, for example, try to do not reflect recent substantial In- cases: (1) the only rail segments between avoid the Chicago gateway because of creases in traffic volume, and therefore, two viable points were recommended for lengthy delays, and they fear that retire- are of questionable-value. More impor- discontinuance; (2) service was recom- ment of too many lines would eliminate tantly, it was continually stressed that mended on lines which already had been that option. It was noted, too, that elim- 1972 rail traffic volume in the Northeast abandoned; and (3) some lines were not ination of routing flexibility could seri- was critically influenced by Hurricane considered at all. ously affect national defense needs, as Agnes. Many branch lines were not op- concentration of traffic on a few routes erated for substantial periods and, there-- ABANDONME= AS A CURE FOno MRLOAD would increase the possibility of success- fore, traffic volumes for 1972 were un- PROBLEMS ful attack or sabotage. usually low. The DOT Report was seen by the pub- Concern was expressed that in iden- Many discrepancies were cited between lic 'witnesses as based largely on the tifying particular lines as potentiall y ex- DOT's volume figures and information premise that If all lines which do not cess, the OT Report gave too little con- on actual shipment volume available to make a profit are removed, the rail sys- sideration to the effect which possible the shippers themselves. Numerous wit- tem will be profitable. At every hear- elimination of those lines would have on nesses pointed out that waybill and car- ing, the belief was voiced that the con- the movement of through traffic in the loading data inaccurately reflect origina- cept of large-scale abandonment as a region. Some connecting railroads testi- tion and termination points. These data, cure for the evils of unprofitability is the fled that their ability to act as interme- in many cases, identify only a billing sta- wrong approach, advanced at the wrong diaries between larger systems would be tion, which may or may not be the actual time, and for the wrong reasons. eliminated. Simiarly, It was noted that origin or terminal point of the shipment. Certainly, It was the possibility of rail the Report apparently did not consider Many Points, therefore, -were not recom- service discontinuance and abandonment the potential disruption of existing pat- mended for continued rail service al- which raised the greatest public furor. terns of freight movement, and how these though they were, in fact, the origination Witness after witness described the ad- patterns could be revised. In brief, the or termination points for a large mumber verse economic, social, and environ- witnesses questioned whether a system of shipments. mental impact such actions would have designed in accordance with a theory It was also pointed out that data Te- on communities. It was contended that that sought to eliminate everyline whose flecting volume, standing alone, cannot rail service discontinuance would result individual profitability could not he properly be used to determine the flnan- in market distortions, economic depres- Proven would be able to function as a dial viability of any particular line. Wit- sion and social dislocations. Moreover, system at all. nesses in almost every state in the region it was repeatedly stated that rail discon- Also of concern to the public witnesses pointed out particular lines which were tinuance is inconsistent with our national was the impact of excessive abandon- financially viable but which had been environmental and energy conservation ments upon prices, and especially food designated as.potentially excess by the policies. Decreased rail service would re- prices. Estimates of the result of aban- DOT Report. In addition, it was shown sult in increased truck transport and donments on the scale suggested by the that carload counts do not always accu- greater consumption of scarce energy re- DOT Report's classification of lines as rately reflect even the volume of goods sources, more pollution, and Increased potentially excess upon the price of grain shipped to and from any given point. pressures on land use for additional high- ran as high as 25 cents a bushel. It was Farmers and grain elevator operators in way construction. Public sentiment was suggested, too, that the loss of rail serv- Jlinois, Indiana, and Ohio, for example, strong that these factors must be of ice, and the concomitant loss of revenue, have in recent years switched from primary importance in determining the to the farmer would hinder achievement regular hopper cars to "jumbo" hopper final rail plan. of another national goal: namely, in- cars, thereby reducing 'the number of In the coal-mining areas of the rezion. creased food production, which is not cars shipped by 50 percent in some areas. most shippers anticipate a great increase only 'important as an anti-inflation But in almost every case, -where car in coal shipments as a result of the short- measure, but is vital to the Nation's bal- supply has permitted, the actual tonnage age of domestic petroleum and increased ance-of-payments posture. Many of shipped has stead4ly increased. The same price of foreign oil. Also, due to the In- those testifying pointed out that agri- experience was reported by New England ternational oil situation, metropolitan cultural commodities are the country's paper manufacturers, whose use of areas such as Baltimore, Philadelphia, largest (and only replenishable) export. higher--volume cars has resulted in in- and New York anticipate an increased Reduced rail service, it Is argued, could creased tonnages being handled in fewer demand for commuter train service. In not only result In decreased food produc- carloads. the industrial areas of upstate New York tion. but also In increased costs of mov- The DOT Report was criticized also and Alichigan, many new industrial parks ing these products to ocean ports. because it does not reflect the relative have been Iodated where rail service Is Fuel conservation is a recent and ur- profitability of transporting-various kinds available. In short, numerous witnesses gent national policy, and it is believed of freight. The carload count does not in every state testified that increased n- that rail service will have a major im- differentiate between a shipment of man- dustrial und icommercial activities vould pact upon the goal of attaining national ufactured goods and one of bulk com- provide traffic for the railroads, and that energy autonomy by 1980. The coal pro- modities, for example, for -which both the success of these businesses depends ducing areas of West Virginia, Pennsyl- the revenues received and costs incurred upon rallservice. vanla, Ohio, and Illinois depend heavily may be vastly different. But perhaps the 'There was evidence, too, to support the on rail service. In most cases, the open- most telling criticism of the DOT Re- concept that there Is a need Tor some ex- ing or reopening of mines could not be port's methodology came from those cess capacity In the rail system. The accomplished unless rail service were re- witnesses who pointed out that by apply- witnesses fear that by following the the- tained or expanded.

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 No. 93-Pt. 1-9 17152 NOTICES

Also important to the fuel conserva- In the grain belt of Illinois, Indiana Even more important than the actual tion picture is the fact that rail service is and Ohio, for example, farmers and grain economic loss caused by rail abandon- an energy efficient mode of transporta- elevator operators tell of chronic short- ment would be the effect of economic re- tion. Estimates were submitted to the ages of railroad cars. Typical testimony tardation on an expanding economy. effect that rail transportation uses as indicated that 400 percent more cars Hundreds of witnesses testified that much as four times less petroleum than were needed than were received. The their commercial and industrial expan- motor carriage to move the same volume car shortage is so acute that there was sion plans would grind to a halt without of goods the same distance. testimony, under oath, that a black continued or improved rail service. Many A number of witnesses took issue with market in hopper cars exists in Indiana. industrial parks have been deliberately the DOT Report's assumption that alter- One grain shipper testified that a large planned along rail lines, only to find that nate modes of transportation could fill exporter had offered him all the cars he their rail service might now be cut off. In the gap if major reductions in rail wanted for "20 percent of his after tax In the midwest, hundreds of grain eleva- service were effectuated. They argued profits". (This situation is under investi- tor operators are expanding their grain that truck and barge facilities would be gation by the Commission.) handling facilities in anticipation of wholly unable to meet the shipping de- A common viewpoint of those testify- bumper crops. Any discontinuance of rail mand reflected by even the present level ing was that the underutilization of many service would seriously affect the viabil- of rail service. Forcing reliance on motor rail lines is caused not by lack of demand-, ity of this commercial expansion and the carriage would affect the rural agricul- but by poor service, and the inability to financing upon which It Is based. tural areas most heavily. There was evi- obtain cars when required. Thus, it was Rail abandonment would also affect dence of a shortage of trucking capacity. repeatedly urged that the initial step in the programs of local and state planning Also, some witnesses characterized motor the planning process be a comprehensive agencies. Some states, such as Connecti- transportation as considerably more ex- analysis of the existing deficiencies in the cut, have sophisticated land use plans pensive (from 10 to 25 percent) and level and quality of rail service, which which contemplate the clustering of In- much less efficient than rail for moving could then be utilized in determining dustrial sites around rail facilities. Zon- bulk commodities. Estimates varied as to which lines, given improved performing decisions have been made on the as- the number of trucks needed to replace ance, could become profitable segments sumption of continuing or improved rail rail service if the lines identified by DOT of the regional rail system. service. Highway departments are bas- as potentially excess were actually aban- ing their road construction estimates on doned, but they ran as high as two mil- ECONOMIC IMIPACT the ability of railroads to transport more lion additional truck trips annually. Another major and more The result would be an obvious in- criticism of the DOT commuters, Report in general, and of the concept of PASSENGERS AND THE ENVIROrMENT crease in fuel consumption. Several local abandonment in particular, was the seri- highway commissioners testified that. in ous economic hardship that would be The DOT Report, by its own admis- many cases county roads, bridges, and created throughout the Northeast. Many sion, did not consider two other major overpasses are unequipped to handle shippers who handle bulk commodities, goals of the Act-the establishment of an this heavy traffic. Many county roads are being totally dependent on rail service, improved high-speed rail passenger sys- already in poor condition, and reduced could not use truck transportation even tem and the attainment and mainte- rail service would cause increased road, if it were available, and the loss of rail nance of environmental standards. bridge, and police expenditures, as well service would force them to go out of All witnesses concerned with the en- as increased traffic congestion in many business. Still others could turn to vironmental Issue agreed that without communities. trucks, but only if they were willing to the continuation and expansion of exist- The "Frost Law" in Illinois, which pro- forfeit their competitive advantage, ing rail service, environmental degrada- vides that no vehicle over 5 tons may which could make it impossible for them tion is assured. A good deal of comment travel on county roads between Febru- to stay in business. Even the shippers concerned the Clean Air Act Amend- ary 1 and May 1, would effectively iso- who retained some, but not all, of their ments of 1970. Metropolitan Jurisdictions late many rural areas of that state from rail service face the loss of a portion of such as Philadelphia, Baltimore, Boston, any transportation mode during those their markets. and especially New York are relying on months. Some consignees cannot obtain prod- growing rail service to decrease exhaust The DOT Report contemplates that ucts by any other method than rail, be- emission pollution. Without rail service, service on the abandoned branch lines cause of the nature or size of the mate- heavily urbanized states agree that they will be taken up by short-haul truck rial, or bofh. Certain hazardous mate- will be hard pressed to meet federal air service which will connect with piggy- rials can only be received by rail, and quality standards. back rail service on the remaining lines, some industrial shippers, including Environmentalists also criticized the generally at a point within 20 miles of power plants, need huge pieces of ma- DOT Report for implicitly encouraging the station losing direct rail service. chinery which are far too large to be increased road and highway construc- However, there was little evidence to moved by truck. Still other consignees tion. There is no doubt that such con- support the assumption that piggyback could receive materials by truck, but struction would be required In some facilities would in fact be available, and their shipping facilities are geared en- areas if rail service were lost. The cost of much testimony of their Inadequacy or tirely to rail service. The cost and in- constructing one mile of a federal high- non-existence. Clearly, if piggyback is to convenience of shifting to truck service way can be 100 times greater than the substitute for direct rail service in any would be substantial, and could lead to cost of constructing a mile of rail track real sense, substantial expenditures for the closing of a marginal plant and Its Furthermore, in most cases, rail rights- new and improved facilities will be neces- relocation outside the region. of-way already exist, waiting to be used. sary. Local, state, and federal government On the other hand, new highway con- SERVICE coMPLANTS officials were particularly concerned with struction Is time-consuming, costly, and the loss of jobs that would be caused by often produces social dislocations, One of the pervasive themes running rail abandonment. Although total figures Environmentalists also pointed out through the hearings is the public's dis- are difficult to estimate, abandonment that rail cutbacks will deal a serious satisfaction with the quality of existing of lines marked as potentially excess in blow to fuel conservation. The United rail service. Witnesses complained of slow the DOT Report could destroy several States no longer has such extravagant and unreliable freight and passenger hundred thousand jobs, with a commen- petroleum resources that it can afford to service, of deteriorating facilities, of surate loss of tax revenue and increased encourage inefficient transportation what are assumed to be arbitrary rate welfare costs for the affected areas. Al- modes. structures, of inadequate maintenance most unanimously, witnesses agreed that Dismay was also expressed that the and few capital Improvements, and- abandonment on this scale would have a Act removed the Final System Plan from most of all--of severe shortages of massive and disastrous effect on employ- certain Environmental Policy Act freight re- cars. ment. quirements. Many persons expressed the

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17153 hope that the Final System Plan will dization of air and highway transpor- other statutory goals as environmental studiously observe th6 language in the tation while ignoring the railroads. The protection and job preservation were not Act which calls for a close scrutiny of railroads are currently saddled with un- considered in framing his recommenda- environmental considerations. reasonable tax and regulatory burdens tions, and he made it a point to urge the Passenger groups were similarly con- that must be remedied by Federal help. Association to give full consideration to cerned that DOT identified as poten- Furthermore, without substantial regu- these and the other factors which the tially excess many lines needed for pas- latory reform and capital subsidy pro- Act requires be taken into account. senger service. In Baltimore, city officials grams, mere operating subsidies will be A stated purpose of the DOT Report agreed that reutilizing existing rights- ineffective. was "to launch the planning process" for of-way for passenger service is clearly Regulatory policies, as administered reorganizing and restructuring the re- preferable to increased highway con- by the Interstate Commerce Commisslon, gion's rail system and "to give direc- struction or expensive rail rapid transit. should be altered either to permit less tion" to planning for the provision of rail Similarly New York City is anxious to (or no) economic regulation or to treat service. Its objectives were to describe increase its rail passenger service. The raIroads as true public utilities with the existing system, to analyze capital recent combination of high gasoline guaranteed rates of return; to require and operating problems and possible im- prices and long lines at the service sta- necessary upkeep of rail plant; and to provements that must be realized, and tion has caused a noticeable increase in require the keeping of accounts which to provide recommendations on restruc- rail passenger volume. Numerous wit- would permit the ready computation of turing and consolidation. - nesses from the New York area testified branch line costs and revenues. The DOT Report concludes that a that they could not tolerate the proposed Several witnesses were of the view that fundamental reorganization and re- abandonment of essential commuter rail rail rights-of-way should be nationalized structuring of the region's railroads is lines. and rail companies charged a Xep for. required if the policy directives enun- -Witnesses from several areas, including their use, like federal highways. This ciated In the Act are to be fulfilled, and Fredericksburg, Virginia, the Catskills in seems to be a reflection of the philosophy that this will provide improved capital New York, the Poconos in Pennsylvania expressed in much of the testimony that productivity and a viable financial base, and Cape Cod, Massachusetts, pleaded rail transportation is a necessity of mod- leading to higher quality rail service. It for continued or improved rail service to em life and should be subsidized If neces- finds that the interstate mainline sys- carry tourist traffic. These areas experi- sary to meet the public need. "Financial tem should be consolidated into a high enced a slowdown of business during the viability" was criticized again and again. volume upgraded network, coordinating fuel shortage, and the tourist industry as an improper criterion upon which to operations and sharing facilities where is anxious to encourage non-auto trans- base the decision for continuation of rail practical; that local service requirements portation modes, not only to promote service. Rather, "public need" emerged generally should be met by single rail conservation, but also to reduce automo- as the more appropriate benchmark for carriers in a given area; and that non- bile traffic in recreation areas. measuring rail service. profitable rail facilities should be aban- The view was also expressed that the Overall, the proceedings highlighted doned or subsidized. It visualizes compe- Corporation should be required to set up the depth and breadth of public frustra- tition on the local level as being provided commuter service on existing lines. Past tion and concern with the present state by carriers of other modes, with intra- experience, such as that of the Chicago of rail services, as well as what Indl- modal competition retained only on the and North Western railroad in Chi- viduals perceived to be the misguided di- interstate network between main traffic cago, was pointed to as indicating that rection of the proposed rail planning generating centers. Its result is seen as some commuters prefer fast and reliable process. The overwhelming sentiment rail financial self-sufficiency. rail service to the automobile. expressed. during the hearings, and in The DOT Report further concludes OTHER SUGGESTIONS AND COMMENTS the written submissions, was that the that the restructuring process can im- restructured rail system must consider prove effectiveness of competition, bal- Various witnesses at the hearings made the social, economic, and environmental ance (indirectly) federal investment suggestions which, while they do not re- needs of the local communities through- among transportation modes; increase late directly to the rail restructuring out the region. For this to happen, the the ability of the railroads to attract process detailed In the Act, nevertheless public insists that the planning process are deemed worthy Investment capital. and improve oper- of reporting. Among should include ongoing, informed public ating efficiency and service quality. While these views and recommendations are participation. stating that the following: significant improvements Provision should be made for public in- EvALuATION OF THE DOT REPORT can be realized in operating efficiency terest, environmental, through increased labor and capital pro- and passenger The Congress, in enumerating the du- ductivity, the Report states that "The representatives on the Association Board ties of the Rail Services Planning Office, Act does not provide any direct mech- of Director. The public interest vil not listed as Its first responsibility that It be adequately represented anism" for modifying "inflexible labor without such should "study and evaluate" the Secre- work rules," in which there is "one of the membership. tary of Transportation's Report on rail Any rail service restructing greatest opportunities for increasing should services in the region. That Report, as productivity." Thus, the Report concen- consider the needs of the handicapped, as required by the Act was published on trates on the "development service for handicapped persons is now February 1, 1974, and contains the Sec- of recom- inadequate. mendations for improving the operating retary's "conclusions and recommenda- efficiency of both the bankrupt and sol- Only a minimum amount of track tions with respect to the geographic should be abandoned, but that which vent railroads In the region" as the is zones within the region in and between method for improving -capital produc- elminated should-be kept in a "track which rail service should be provided and tivity. bank" to meet rail need which may the criteria upon which such conclusions emerge in the future. If the rail This section addresses those aspects track- and recommendations are based." The of the DOT Report relating to: age is actually removed, the rightq-of- quoted language, taken from section 204 way should be transferred to the public Approach taken (a) of the Act, constitutes the Congres- Sources of basic data domain, since they would be ideally sional directive pursuant to which he suited for walking and cycle paths, horse Methodologies used prepared and issued his Report. Evaluation of assumptions and criteria trails,, linear parks, or malls. It was The Secretary looked primarily to the noted that railroad The Office believes that a thorough rights-of-way often economics of railroad service, and at- review of these factors will be helpful to represent the only linear recreational tempted to develop quantitative, statisti- land available for public use in urban- the Association In developing a viable cal guidelines which would aid the As- railroad network for the region. ized areas. sociation in making route selection and It should be noted here that the dis- The Federal Government can no other decisions affecting future rail serv- cusslon of the data sources and method- longer afford to continue massive subsi- ice in the region. He conceded that such ology used by DOT In Its Report is based

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17154 -NOTICES

on many hours of conversation with Fed- indications, at least, that abandonment tions, trackage between major rail eral Railroad Administration staff mem- of substantial amounts of rail line will yards-equally important-is often bers. They willingly gave of their time have relatively little impact upon rail- dropped. And even if historical carload and experience, and the Office wishes to road profitability compared to such counts can be effectively used for a pre- acknowledge its appreciation. other factors as the high cost of terninal liminary screening of unprofitable raft BASIC APPROACH TAXEN BY DOT operations in the Northeast, labor costs, lines, it seems clear that the "thres- and the debilitating and expensive holds" adopted by DOT, and described There is no question but that the DOT effects of many years of deferred main- below, were set at unreasonably high Report can be credited for "launching tenance. The Penn Central Trustees, In levels. In short, the results of the DOT the planning process." Despite the fact support of their previously advanced Report do not encourage faith in any that It was widely nisunderstood, as in- proposal to reduce their 20,000 mile sys- statistical method as a basic route selec- dicated In the preceding section of this tem to about 15,000 miles, estimated tion guide. report, and perhaps because of the direc- that the 5,000 mile track reduction would tion taken by that misunderstanding, it result in annual savings of about $20 SOURCES OF B=SC DATA served to alert the public to the very real million. Considering that Penn Central The DOT Report draws on two basic dangers which threaten the continuation has consistently reported annual losses sources for traffic volume data-the 1909 of rail service in the region. The number in excess of $100 million, it is clear that one percent waybill sample and 1972 of lines identified as "potentially excess" the savings of even $20 million would go carload origination and termination in the DOT Report brought home the only a short way toward solving its long- data supplied by Class I railroads. DOT's fact that many rail services have become range financial problems. dependence on these data sources in de- unprofitable, and that the possibility of Even accepting the fact that a good veloping the recommendations and con- a shut-dowrn by at least some of the deal of pruning of the railroad plant is clusions warrants discussion of their railroads in reorganization is a real called for-whether or not it will prove application, possibility. to be the panacea which some seem to As indicated previously in the discus- think it will-it must be asked whether 1969 One Percent Waybill Sample sion of the public testimony, a reader of the process followed by the Sec-etary Results of a sample of waybills col- the DOT Report can only come away and described In the DOT Report is an -lected continuously from Class I rail- with the conviction that the Secretary acceptable method for determining roads are published periodically. The has concluded that the .basic cure for which lines should be incorporated into 1969 one percent waybill sample was the problems of the railroads In the a new rail system. At this point, it seems used by DOT to develop origin-destina- region is major surgery-in the form of worth stressing that the task faced by tion traffic flows between zones In the excision. Twb of his formal conclusions the Association is not to decide which region. This traffic flow information was reinforce this interpretation. He finds lines should be abandoned in order to the basis for recommendations as to that: improve the health of existing railroad routes able to support competitive serv- In order to achieve improved productivity, companies. It is to select those lines, and Ice.I the existing, highly duplicative and under- other facilities as well, of the unreorga- The importance of traffic flow in the utilized individual railroad Interstate main- nizable bankrupts which are to be pur- route selection process requires that ad- line3 in the region should be consolidated chased for the Corporation in order to ditional pertinent data be collected for Into a high volume, upgraded interstate create network. a self-sufficient and viable system, evaluation by the Association. The Office capable of meeting the public need for recommends that the traffic flow data and, rail service and of meeting the other collected cover several years In order to The existing, highly duplicative, feeder and goals outlined in the Act. minimize the effect of anomalies in the local service network used for local rail serv- The Secretary was not called upon to traffic volume for a given year, and that ices should be streamlined by permitting the make suggestions as to which yards and waybill sample data be used with care, abandonment of rail facilities which are not terminals, and other facilities, such as or supplemented with complete data or financially self-sustaining. car and engine shops, should be included larger samples, when applied to short or It is unquestionably true that there are in the basic system. Nevertheless, the low-volume lines. location of such facilities, and especially excess rail lines in the region. Some are 1972 Carload Origins and Terminations branch lines which do not, and will not, railroad yards, is an important factor in generate enough tratf---or tIe right deciding which mainline routes can be The carload origin and termination kind of traffic-to turn a profit or other- operated most efficiently. 'Also, and data, collected from the railroads for wise to justify their continued existence. obviously, the system must Include those 1972, were the basis for determining Despite hardships to Individual users, lines that provide access to principal which stations were to be recommended their retention cannot be supported terminals. Perhaps not so obvious, but of for direct local rail service. Frequently, through cross-subsidization by users of vital importance nevertheless, is that these data do not accurately reflect the other parts of the rail system, nor are lines must be included which provide origination and termination points of the they Important enough to the national access to available equipment repair traffic. Further, data for a single year or regional economy to warrant their facilities. The failure to take these cannot provide a sufficient base for de- receiving public subsidies. Others are factors into account constitutes a major veloping local service recommendations. routes which can be identified as carry- flaw in the DOT Report's approach to The 1972 carload data represent traffic ing traffic that could be diverted to other route selection. at billing points, which in many cases rail lines with no diminution n service We must agree with those public wit- are not the origination or ternination quality, and with resulting reductions in nesses who, questioned whether there points. We found many instances in costs and increases in efficiency-that is, would be enough lines remaining after which traffic originating at a point was assuming that the available alternate applying the DOT criteria to form a not reported at that point but was in- routes are in good enough physical con- rail "system" at all. Efficient routes han- cluded in the catload generation total dition to carry the additional traffic. dling substantial volumes of traffic would for the billing point. As a consequence, The first question which must be be eliminated in favor of others which the origin point was often not recom- asked about the approach of the DOT today are less direct but, largely because mended for direct local rail service, Report is whether large scale reductions of their ownership, more heavily utilized. although It actually generated sufficient in rail mileage will solve the problem In other cases, routes which appear traffic to satisfy the local service criteria. which the Act was designed to solve- superficially less efficient than others, A single shipper located at Yatesville, the economic ills which beset the rail- but which in fact may have more favor- Pennsylvania in Zone 72 generated 610 road industry and which resulted in able grades or clearances, were listed as carloads in 1D72. Yatesville is 1.4 miles wholesale rail bankruptcies in the re- potentially excess. While points origi- from the nearest viable rail station gion. While thq definitive analysis of this nating and terminating large traffic (Pittston). This traffic was not shown point has not yet been done, there are volumes may, retain direct rail connec- for Yatesville and, as a result, Yatesvlllo

FEDERAL REGISTER, VOL .39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 171155

was not recommended for service al- DOT's analysis, the traffic volume for the 1.*Determine the annual carloads orig- though it exceeded the "DOT Upper Cri- Joliet, Illinois, Army Ammunition Plant inated or terminated at each station teria" (The "DOT Upper Criteria" is (AAP) was grouped with traffic for the (subject to limitations of using billing discussed later in this report under the City of Joliet, and Joliet AAP (shown as points rather than origination points). heading "Development of the Local Serv Joliet AR 1 and AR 2 on the Zone Map) 2. Eliminate all stations originating or ice Network".) A shipper at Berea, Ohio, was not recommended for direct local terminating less than 75 carloads per in Zone 94 generated 535 carloads in 1972. rail service. If the trafcl volume had been year. Berea is approximately 3 miles from the properly credited, the Joliet AAP would 3. Identify all stations generating 5,000 nearest viable rail station, but was not have exceeded the "DOT Upper Criteria" or more carloads per year as major traffic recommended for rail service because the for direct rail service from Joliet, ap- centers. traffic volume was not credited to Berea, proximately 15 miles away. Step 2-Evaluation of lower volume the point of origin. Although the Office recognizes the diffi- points Testimony at the hearings highlighted culty of avoiding errors in a study of this 4. For each rail line at a major traffic the effects of Hurricane Agnes on the magnitude, the Association must take center, determine the distance to the 1972 traffic data, demonstrating that this steps to minimize them In formulating nearest station which generates 75 or was not a typical year. The Office further the Preliminary and Final System Plans. more carloads per year. believes that data for any single year 5. Apply "DOT Upper Criteria" to the will Include factors skewing its traffic MEODOLOGIS station, using the carloads generated and volume from the average. In 1973, for In developing recommendations for the the distance from the major traffic example, rail grain and soybean move- restructured rail system, DOT evaluated: center. ments were significantly higher than Points recommended for direct local 6. If station does not meet criteria, re- average. rail service peat (5.) for the next station. The Act requires that the future rail Potentially excess rail lines 7. If station does meet criteria, station service needs of the region be addressed Major interstate traffic flows is recommended for local rail service and in the restructuring plan. The initiation Competitive interstate rail services the line from the major traffic center to of service by the Corporation is still at Testimony presented at the hearings the station is considered viable. least one and one-half years away. The indicated that many witnesses were con- 8. For successive stations along the Corporation must be structured to meet fused about the methodologies used In line, the 'OT Upper Criteria" Is applied the needs of that and subsequent future the analyses. This was particularly evi- using the distance from the nearest sta- periods. The Association's traffic data, as dent in the analysis of local rail service tion recommended for local rail service. a result, should include projected traffic and in the designation of potentially ex- 9. For branches connecting to a line demands for those periods. We suggest cess rail lines. considered viable (but not directly con- 1980 as being a reasonable time horizon Following Is a description of each DOT necting to a major traffic center) the for the Association's planning function. methodology with critical or key decision criteria is applied using the distance from The Office recommends that, In pre- points highlighted. Where applicable, a the station to the junction with the viable paring the Preliminary and Final System decision flow chart is provided. line. Three decision points, Plans, the As~ociation: Direct Local Rail Service shown as dia- (1) Collect Information on consignees monds on the decision flow chart, are and consignors by billing stations to fa- DOT's. methodology for determining critical In the methodology. These are: cilitate the identification of actual traf- points recommended for direct local rail Exclusion of stations generating less fic origination and termination points. service was a two-step procedure: the than 75 carloads peryear (2) Use traffic data from several years first step Identified major traffic centers; Establishment of 5,000 carload per to minimize the effects of anomalies in the second evaluated lower volume points year threshold level for major traffic cen- any given year. relative to the major traffic centers ters from which lower volume points are (3) Project future traffic requirements (Figure 1). evaluated ' through 1980' The data source for this analysis was Application of "DOT Upper Criteria" Inadvertent Errors 1972 carload origination and termina- Their impact on recommendations of tion Information provided by the rail- points for service should be determined In reviewing testimony on stations road companies In the region. These data, by the Association. generating sufficient traffic but not as highlighted earlier, represent the bill- recommended for service, the Office found ing point for a shipment, and thus not The Office performed preliminary sen- errors in DOTs analysis. In a number of necessarily the origination or termina- sitivity analyses on these decision cri- instances, we found that a point was not tion point of the movement. As a result, teria. The results indicate that the rec- recommended for service even though the annual carloads originated or ter- ommendations of points for local rail traffic had been properly credited to its minated at a particular point may not be service are sensitive to changes in both origination point and the volume was accurate if the billing point is different the "DOT Upper Criteria" and the 75- sufficient to exceed the "DOT Upper from the origination point. carload criteria, with the effect of the Criteria". Two examples are Lyons als, The methodology used In Analyzing former over-shadowing the latter. The SN.Y., Zone 44,and Akron, N.Y, Zone 49. result% however, are generally insensi- direct local rail service was: tive to reductions in the 5,000 carload The Department of Defense high- Step 1-dentification of major traffic threshold in establishing major traffic lighted a similar error in Zone 131. In centers centers.

FEDERAL REGISTER, VOL 39, NO. 93--.ONDAY MAY i.1 )174 17156 NOTICES PotentialyExcess Rail Lines ))nTR'tIINATION orpmNT rconntOrf DOmrcr LOAL RAIL mFvicr DECISION FLOW CHART In DOT's methodology, a line would not be identified as potentially excess if Sm AULWA~TINO 0=2 %vOturrRJN ONi it met any of four criteria. Basically, a CM0 1-ISD~inMCATIONOF KUMS 007"M3 SI I 70MEta[ lAD. WLMC aHITW LIST AT EACHlI e lElC line would not be excess if It were the CLu IIVH.071 L401011 only line serving a point or area recommended for direct rail service or if it were an alternate line which also satisfied additional criteria (Figure 2). To be retained, a line must: Provide the only rail connection at the: Local Level-a line was the only line serving a station recommended for direct rail service, again subject to the limitations of using billing points rather than origination points Feeder Level-a line was the only line connecting an area of recommended points with a mainline Provide an alternate line at the; Local Level-an alternate line to a station recommended for direct rail service was retained if the line also met "DOT Upper Criteria" Feeder Level-an alternate line connecting an area to the mainline was retained if existing traffic density on the alternate line met certain minimum criteria (annual densities of 10 million gross tons for bankrupt carriers' lines or 5 million gross tons for solvent carriers' lIORJ I lines)

IDENTIFICATION OF ZONES WHICH SHOULD RECEIVE COMPETITIVE SERVICE Major Interstate Traffc Flow ECISION FLOW CHART DOT's determination of the major traffic flows in the region was based on the 1972 carload origination and termination data and other Information on existing densities on mainline3 in the region, and was not based on specific criteria. The major traffic flows generally reflect the existing traffic flow pattern in the region. Competitive Interstate Rail Service The methodology followed by DOT in recommending zones for interstate competition is illustrated in the decision flow chart in Figure 3. The methodology used in analyzing competitive service was: 1. For each zone, determine the annual carloads originated to and terminated from other zones, grouping the other zones by general direction from the zone being evaluated. 2. Eliminate the traffic of all zones within 200 miles of the zone being evaluated. 3. Determine those directions in which sufficient traffic is handled to require eight "efficient sized" trains a day. An "efficient sized" train was defined by DOT to be 30 loaded cars for manufactured and processed commodities or 75 loaded cars for bulk commodities. 4. Evaluate other zones with sufficient traffic to satisfy the competition criteria in order to balance the traffic flows between zones selected for competitive service. The 1969 one percent waybill sample was the data source for this analysis. The results are affected by considering only the traffic from a single zone and not aggregating the zones into groups representing economic areas. The results are

FEDEAJ REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17157 also influenced by the exclusion of extra- density (annual gross tns), and the per- from the consolidation of services and regional and overhead traffic in the anal- centage of the line having a high degree traffic flows. ysis. If a zone generated traffic for des- of curvature. The Office agrees with the We are in complete agreement that tinations or received from origins out- general classes of variables included, but side the region, Increases In productivity can be obtained this traffic was not in- believes that the Association should through the Improvement of yard and cluded in the zone's traffic flow. Siml- strive to develop a more specific formula terminal larly, ntra-regional traffic passing facilities. There is probably no than DOT's for estimating the actual single area In which costs could be more through a zone, but not originating or maintenance costs to be incurred. quickly terminating in reduced, and service improved, the zone, was not con- Because of the importance of rebuild- than in the modernization and rational- sidered In the zone's traffic flow. Inclu- Ing and maintenance cost estimates, the Ization of terminal facilities. The DOT sion of extra-regional and overhead Office recommends that the Association Report traffic in a zone's provides a vivid description of flow might be sufficient begin immediately to determine the ac- the Philadelphia terminal situation. to put the zone over the eight daily tual costs of rebuilding and maintaining Three trainload major railroads, Penn Central, competitive service threshold. the track and roadway in the region. Reading, and Baltimore and Ohio, op- The definition of "efficient sized" Varable costs. The DOT Report takes erate In yards and at terminals located, trains and the establishment of the eight the position that the greatest potentil and In some Instances constructed, n the daily train threshold are critical ele- for improving capital productivity lies nineteenth century. Service is provided ments in the competitive service meth- In increasing the rate at which rights-of- at many small and widely scattered team odology. These are evaluated in the fol- tracks. way and yards are Cars are'delivered to shippers lowing section, Assumptions and Criteria. utilized, thus reducing over decrepit tracks running down the The Office recommends that the Asso- variable costs. The Report concluded also center of city streets. Costs are high, and ciation review the competitive service that substantial savings would result the service provided often very poor. methodology and determine the effects I1"22 of the considerations discussed above. n MRMINAr1iOn OF POT"NY fLY cEXCrsWAIL MiiM-S ASSUMPTIONS AND CRITERIA flFcIstOl 111W Cit 4RT Certain assumptions, criteria, and LOCALSERM.1C LTh methodologies incorporated in DOT's Re- I DEX LnL7 port are critical in the- development of DOT's recommendations. This section addresses the Report's basic cost assumptions, the assumptions and criteria. involved in developing the interstate network, and the criteria used in analyzing local rail service.

COSTS The primary cost considerations addressed by the DOT Report are the estimates of the cost of track and roadway modernization and maintenance, and the variable-iosts for railroads in the region. Local rail service costs, also quite significant, are discussed separately. In developing the total cost for a consolidated rail system, DOT estimated the _ cost of a major rebuilding of signalled track at $225,000 per mile, and a minor rebuilding of signalled or unsignalled track at $20,000" per mile. DOT estimated the annual cost of maintaining modernized track and roadway at $12,000 per mile for signalled track and $5,000 per mile for unsignalled track. The basic data sources for these estimates are studies performed around 1968 on the costs of maintaining track and roadway. -These studies were performed prior to the issuance of the Federal Railroad Administration (FRA) track safety standards and revised cost estimates in light of these standards would be ad- viseable. - Modermization.Evaluation of the costs of rebuilding track and roadway requires detailed consideration of the unit costs for each major cost element. Cost estimates for subgrade and ballast, ties, rails, and signal systems must be re- In the port area around Newark, New In both these situations viewed in detail. The Office recommends modernization Jersey, three railroads now operate yard and consolidation of facilities would lead that the Association determine actual facilities-Penn tentral, Central of New costs for these major elements to far more efficient operation, lower so that Jersey, and Lehigh Valley. None operates costs, and far better service. The Associ- costs of upgrading lines can be consid- Its yards to their design capacity, al- ered in the selection of interstate ation should look most carefully at this routes though some of them are In such poor very fruitful field for accomplishing cost in the Preliminary System Plan. condition that they are probably being reductions and service improvements. . Maintenance. Maintenance costs were used to the extent of their actual present In line haul operations, too, there are estimated primarily by class of track capacity. Again, operating costs are high, opportunities for increased efficiencies (FRA Track Safety Standards), traffic and service is poor. and savings. The cost of maintaining a

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17158 NOTICES line to 60 mile per hour standards, for age from the mainline system, by down- overtaking and passing problems, and example, is far greater than cost of main- grading some mainlines, and by the, im- operating trains having different sched- taining it to 30 mile per hour standards. plementation of joint operating agree- ules of stops, would be difficult if not Im- In many markets, there is no real need ments. possible. for two railroads to expend the capital These conclusions, in turn, are based We recommend that the Association and maintenance dollars necessary to upon a single major assuniption; that Is, determine the actual practical operating have two high speed lines. One such line, that 30 million gross ton miles per track capacities of lines in the region early in built and maintained on a shared cost mile per year is a reasonable route den- the planning process, and not rely upon b'asis, would supply both with the capaci- sity which can be achieved on a single theoretical engineering or design capac- ty they need at substantial cost savings. track- mainline with centralized traffic ities. Where closely parallel lines exist (as control. Competitive service. In connection they do, for instance, between Buffalo Rail system capacity. In support of its with its consideration of the Interstate and Cleveland) two carriers might well conclusions concerning rail line capac- rail network, the DOT Report takes up share both, maintaining one to high ities, the DOT Report presents theoreti- the question whether particular rail standards for passenger and fast mani- cal engineeking capacities for single and routes have sufficient traffic to justify fest trains, and the other at a lower double track mainlines with automatic the retention or establishment of com- standard for lower speed mineral trains block signals or centralized traffic con- petitive rail services. In making the de- or local freights. These are possibilities trol. In our view, however, the capacity termination whether a particular market which should be considered by the Asso- of a rail line is not readily subject to gen- or transportation corridor can support ciation as it makes its selection of facili- eralization. Numerous factors affect the more than one rail carrier, DOT estab- ties for the restructured regional rail practical capacity "of a given section of lished a threshold of at least eight trains system. track, and this is true whether or not a per day moving at least 200 miles. The It must be realized that the practical signal system is present. Capacity de- eight train figure was selected without time constraints on major modernization pends on grades, curves, clearances, any apparent analysis, simply on the and consolidation of facilities are great track conditions, location and length of basis of the assumption that one train In enough that-little of the planned con- sidings, local switching performed, the each direction twice a day for any one solidation will be realized on -the Cor- requirement to slow down through cer- railroad would be sufficient to provide an poration's start-up date. An interim co- tain populated areas, and the mix of acceptable level of service. Thus, where ordination plan must be developed by trains operating at different speeds. Ad- two railroads are operating In the same the Association to guide the Corpora- ditional considerations include the need market, the total number of trains per tion's operation until the capital im- to make allowances for equipment break- day would be eight. Our discussion of the provement program can be completed. downs, delays, and necessary out-of- DOT method for determining whether Capital costs. While cost savings can service periods for maintenance activ- there was enough traffic to permit opera- undoubtedly be generated by consolidat- ities, particularly those involving the use tion of eight trains per day and of the ing and improving rail facilities, this will of on-track maintenance equipment. 200 mile distance threshold are discussed require considerable time and substan- It must be realized, in evaluating later in this subsection. tial capital outlay. Furthermore, the con- DOT's goal of 30 million gross tons, that The volume of traffic which flows be- dition of the physical plants now oper- line capacity is more dependent upon the tween any two zones depends, obviously, ated by the railroads in reorganization- number of trains operated over a seg- upon the delineation of the zones them- even without taking into account the ment than on the accumulated gross ton- selves. Other analyses contained in the need for constructing the connections nage on the line. Congestion, a limiting DOT Report, particularly that of local which consolidation would require-will factor of capacity, occurs as a result of rail services, were performed without re- necessitate huge expenditures just to re- the number of trains and the mix of gard to zone boundaries. The recom- turn them to the state at which normal train speeds rather than the -gross mendations concerning Interstate rail maintenance can be resumed. The Penn weights of the trains. corridors in which competition is war- Central Trustees estimate that $600 mil- The Northeast Corridor between ranted, however, are very heavily de- lion will be needed over a period of 6 to Washington and New York provides an pendent upon zone definitions, 8 years to restore their facilities on the example of a line in the region with a The zones do not reflect the best de- 15,000 mile "core" system which they high density of trains. Despite the num- markation of concentrated trafilo gen- consider essential if the Penn Central ber of trains, the Corridor does not have erating areas for analyzing interstate is to render essential services in the re- a single segment which exceeds DOT's rail service. Since traffic flows from ad- gion. While this is not a subject addressed goal of 30 million gross ton miles per jacent zones were not aggregated to in the DOT Report, the capitalization of track mile per year, because the Corridor evaluate the flow from a general area, the Corporation, and the sources of funds is multiple-track in the higher density and since some zones, particularly in the to rehabilitate much of the region's rail sections. Segments of the Corridor have New England States, were quite small In system, is a major task which the Asso- a broad mix of trains operating at differ- size, the Office recommends that the ciation must face. ent speeds. These include 100 mile per Association evaluate various redefini- hour Metroliners, 80 mile per hour con- Development of the Interstate Network tions and aggregations of zones in ana- ventional passenger trains, commuter lyzing long-haul rail service needs, DOT developed its recommended loca- trains which make frequent stops, 60 Train size. As noted, DOT's deter- tions for interstate-that is, long-haul- mile per hour manifest freight trains, 40 mination of whether there should be rail services on the basis of an examina- mile per hour mineral trains, and local competitive rail service in particular tion of traffic flow and line density data. trains. We doubt that anyone is satisfied traffic corridors was based on Its conclu- Those corridors selected for interstate with the resulting quality of service, and sion that a minimum of eight trains per service, then, are simply those which were certainly neither Penn Central nor day in a corridor would be necessary to used the most heavily by the railroads Amtrak is pleased about the cost of support competitive service. Inasmuch as in 1972. The DOT Report contains several operations in the Corridor., data were not readily available concern- examples of how individual rail lines The rail system capacity assumed by ing the number of train movements, It within these interstate corridors might DOT is, of course, entirely theoretical, was necessary to devise a means of pro- be selected, but it does not attempt to representing the engineering or design ceeding from the available carload data describe the entire Interstate rail system capacity. To achieve capacities ap- to a determination of the number of for the region. proach those suggested by DOT would trains moving between particular points. In DOT's view, existing mainline track require, to say the least, a highly disci- This, in turn, necessitated the determina- in the region is largely under-utilized. It plined operation. Individual priority tion of what an average or Ideal train believes that major efficiencies can be could not easily be given to any particu- size would be. accomplished by consolidating parallel lir class of train; operating trains at An average train size of 30 loaded cars routes and eliminating duplicative track- different speeds, with the associated was used in the DOT Report In analyzing

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17159 existing interstate traffic patterns. This portation on a average haul shifts-to be in 1958). Important connecting lines be- figure was developed by adjusting the 200 miles. tween these essential yards and junction 1972 eastern district average of 38 cars From ourreview of the data in the 1972 points are listed as potentially excess in per train to offset the effect of longer unit National Transportation Report, we con- the DOT Report. trains. clude that the rail-truck breakeven dis- Two- points deserve consideration in tance would more nearly approximate 150 Development of the Local Service evaluating the 30 car average. First, DOT miles. Further, a 10 percent reduction in Network provided no justification for eliminating rail costs, which might be possible with The objective of DOT's study of local the longer unit trains and retaining the restructuring, could result in a breakeven rail service was to exclude nonviable shorter, local service trains in deriving point near 100 miles. The Association branch lines from the basic structure of the adjusted average. Second, since the should re-evaluate the 200-mile criteria the new rail system. In this section of the 38 loaded car average includes all types to ascertain which is the more realistic report we discuss the methodology on of trains, using it may result in an under- figure on which to base a planning which the local service decisions were statement of the average through road decision. based. train size. Mainline selection. One aspect of the Carload volume. The DOT Report in- DOT defined an "efficient sized" train DOT Report's consideration of the defini- plies that volume oftraffic generated on as 30 loaded cars for manufactured and tion of an interstate rail system upon a branch line is the key determinant in processed commodities and as 75 loaded which we feel required to touch briefly is deciding which branch lines to include or cars for bulk commodities. Because this its classification of a section of track as exclude from the rail network. The definition may be significantly below the "mainline" only If It is equipped with "DOT Upper Criteria" applied to branch actual number of cars in a through train, automatic signals. We believe that all lines was based on loaded cars, without the number of cars required to meet the lines should be evaluated by the Associa- regard to their loaded weights or com- eight daily trainload threshold for com- tion as potential parts of the interstate modities. petitive service may in turn be under- rail system, whether signalled or not. It The weakness of a carload volume base stated. Is possible that unsignalled routes may can be highlighted by considering two Although it does not play a role in the prove to have more favorable grades, lines of similar length generating like analysis performed in the DOT Report, curves, or clearances, or heavier capacity numbers of carloads. If one line has a we think it advisable to say at least a few bridges, and that potential routes may be higher loading per car, or traffic with words about the concept of frequent, found which would present viable eco- higher rates per mile, It will be the more short trains as opposed to the operation nomic operating alternatives to existing profitable. However, both were treated of fewer and longer trains. The DOT signalled lines. equally by the carload-based "DOT Up- Report describes an "efficient sized" Other factors affecting the cone ap- per Criteria." Conceivably, the carload- trains as having only 30 loaded cars, but proach. One of the deficiencies in the zone based criteria could allow lines with low it -should be emphasized that there is approach adopted by DOT is the fact that loading or low rates to qualify for serv- sharp division of opinion in the railroad it takes into account only the move- Ice, and exclude lines which would gener- industry as to whether this in fact is so. ments of traffic from and to the points ate more profit with fewer cars but The benefits attributed to the operation at which they were originated, termi- higher loading or higher rates. of short trains include improved service, nated, or billed. In actual fact, much of The DOT criteria applied to local serv- greater reliability of service, more level the heaviest rail movement is between ice lines were based on a study by R. L, demands upon yard facilities, reduced rail yards which are often located at Banks Associates, "Development and train delay, and higher utilization of some distance from actual origin and Evaluation of an Economic Abstraction capital equipment resluting in higher termination points. Properly located of Light Density Rail Line Operations" -productivity. modem yards assemble large volumes of (Banks Report). This report developed a On the other hand, the use of short, traffic coming from all directions, per- formula for estimating the profitability frequent trains requires increased man- forming classification in low cost or less of hypothetical branch lines. Revenue per power to provide crews for the greater populated areas and permitting trains to carload was developed from the statistics number of trains. In many instances, in- run through the more heavily populated of Cla I railroads while the costs individual railroads have determined that urban districts. cluded the operating characteristics of the increased labor costs outweigh the Modern railroading practice provides both the Class I railroads In the east and benefits of short, frequent trains. What the opportunity for preblocking, straight Class IT railroads encompassing the en- is in fact an efficient sized train is a setoffs and pickups in yards, consolida- tire United States. Because of the lack dispute which can only be resolved by tion of traffic from or to several origins or of specific data relating to the operations, considering specific factors involved in terminals, and the ability to operate costs, and revenues of specific branch particular situations. trains straight through to connecting lines, certain assumptions and estima- The 200 nile distance threshold. In lines. The data used by DOT in Its tions had to be included In developing the addition to the eight trains per day re- analysis fails to reflect the heavy move- formula. These are specified in the Banks quirement, the other principal criterion ment between major yards. This is re- Report, along with cautions that the applied by DOT in recommending flected in the fact, for example, that the results "cannot be fully endorsed as but- whether competitive rail service should DOT Report finds as potentially excess tressed on sound statistical theory" and be provided was that the traffic generated sections of the principal Penn Central "the purpose of the study, therefore, must move at least 200 miles. In deter- line which connects its modemn yards at neither is nor could be to provide precise mining to use a distance threshold to Indianapolis and Elkhart, Indiana. The and final standards superior to the (ICC) aid in making the competitive service de- DOT Report shows the basic interstate 34-car rule." cision, the DOT reasoned that over dis- traffic flow from between the Northeast Nevertheless, the DOT Report estab- tances where motor carrier service was and St. Louis as moving in a straight lished the Banks formula as the standard - truly competitive, or had the competi- line. In point of fact, the traffic over the for measuring branch line profitability, tive advantage, there was less need for Penn Central, the major carrier n this and for determining the trafflic volume ntramodal rail competition than over market, moves generally from St. Louis necessary for breakeven operation. The longer distaneds where intermodal com- to thb railroad's Big Four Yard at In- statistical uncertainty in the traffic vol- petition was less effective. The source of dianapolis (built in 1960) then over the ume measurement was addressed by the 200 mile threshold was the 1972 Na- Indlanapols-Crestline-Cleveland, Ohio establishing an upper and lower car- tional Transportation Report which com- route and proceeds east over the favor- load criteria. There is a 90 percent prob- pared rail and truck costs for various ably graded "water-level" route of the ability that the actual breakeven point lengths of haul. DOT found the rail- old New York Central Railroad. However, occurs between these two criteria. truck economic breakeven point-that Is, a large volume moves from the Big Four By recommending direct rail service the point at which the -competitive ad- Yard north to Penn Central's Robert R. only for those lines exceeding the "Upper vantages between rail and truck trans- Young Yard at Elkhart, Indiana (built Criteria," DOT required at least a 90

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 No. 93-Pt. I10 17160 NOTICES percent probability of profitability before Form A on an individual basis. This will use of TOFC would affect the overall recommending local rail service. For ex- provide unit costs for the through train costs to the railroad. ample, a 10-mile branch line in the region movement of the branch line traffic and The services described as being per- would require approximately 734 car- for local or way trains, which then can formed by a motor carrier resemble what loads per year to be recommended for be adjusted for specific traffic character- is commonly referred to as drayage-- service, although there is at least a 90 istics. the spotting or picking up of a trailer percent chance that the actual break- Cost and revenue comparisons that at the shipper's or consignee's place of even figure is below 734 carloads, pos- should be made are: business and delivering It to the rail- sibly even as low as the 400 carload 1. Pickup and delivery of motor carrier road's loading facilities. It Is usually range. vs. local or way rail operations-as a por- based on a contract charge per trailer Because of the difficulty in developing tion of the entire movement or per hundredwelght and Includes a formula applicable to all situations, and 2. Over the road trucks vs. through charges for origin and destination points public demands for particularized treat- train operation contiguous to the railroad facility. Out- ment of specific situations, the Office 3. Feasibility of shippers engaging in side of this area, at some mileage break- recommends that the Association evalu- private carriage point, a motor carrier charge would be ate local rail service on an individual An evaluation should also be made of asesssed for substituted service. basis. the capability of trucks to haul traffic Rail costs and rates of the TOFM Plan 75 carload threshold.Although stations generated by the branch line as well as under which the traffic would move would generating less than 75 carloads per year scertaining the location of all Trailer be affected by such items as who supplies were excluded from specific considera- on Flat Car (TOFC) loading and un- the trailers and flat cars and who pro- tion in the local service analyses (see our loading facilities in relation to location vides pickup and delivery of trailers. discussion above under. "Methodolo- 6f industries not on viable lines. DOT assumed that TOFC ramps or gies"), the 75 carload threshold was It is our opinion that this type of in- ,crane facilities were located near the overshadowed by the application of the formation is a prerequisite for a proper branch lines at the gathering yards, The "DOT Upper Criteria." As a result of evaluation of the branch line problem Association must evaluate this assump- applying the DOT "Upper Criteria," and for determining the alternatives tion since the location of yards retained direct local rail service was not recom- available to both railroads and shippers. in the Final System Plan will dictate the mended for any station generating less Potential effect of new short lines. An availability of intermodel facilities. than. approximately 255 carloads implied concept of the DOT Report is PASSENGER SERVICE annually. that any branch line not included in the While stations not meeting the "DOT Final System Plan will either have its General Upper Criteria" were not recommended traffic handled by another mode of trans- The DOT Report devoted scant atten- to receive direct local rail service, it was portation or the affected industry will tion to passenger service. It simply listed DOT's intent that these stations would relocate. However, the government spon- present intercity and commuter routes continue to receive direct rail service sored acquisition loan proposal created and their patronages and made the lim- if they were located on a viable line. by Section 403 (a) of the Act might in- ited recommendation that the Associa- Service. Other factors not considered duce shippers (through a local or re- tion should devote special attention to by DOT in developing its local rail service gional authority) to purchase the track- passenger service. The Act, however, de- recommendations were the effects car age of nonviable lines and form their own votes considerable attention to passenger shortages and poor service have had on short line railroads. The shipper would service. Goals of the Final System Plan traffic volumes. Because of car shortages, thus become a carrier and be entitled to include the efficient movement of pas- many shippers who wished to ship a a percentage division of the through sengers, coordination with Amtrak, and greater number of cars by rail were un- revenue on the entire movement. The Identification of corridors In which high- able to do so. Because of poor service, effect of this division of revenue on the speed passenger service would return sub- niany shippers who would have prefered total revenue accruing to the carrier stantial public benefits. to ship by rail turned to other transport presently serving the branch would have In several instances DOT's recom- modes. As a result, the traffic -volume for to be determined, as would the cost of mendations, based on freight service con- these shippers was artificially low, which, the transportation services that still siderations, would significantly affect in some cases, excluded stations from would have to be performed by the line- Amtrak's existing Intercity routes and ex- being recommended for direct local rail haul carrier. isting commuter service. Portions of com- service. The Association should take into This concept needs to be explored by muter and intercity passenger routes consideration service and car availability the Association in developing its finan- were designated as potentially excess, when applying historical carload gener- cial plans for the 'Corporation. and segments of Amtrak's intercity ation figures to specific situations. Intermodal breakeven analysis. Com- routeswere recommended for downgrad- Additional required criteria. Factors parisons used by DOT to illustrate the ing. For example: not considereq by DOT, but which must short haul advantages of motor carriers Chicago-Miami and Chicago-Tampa/ be evaluated before a final decision can over rail service were premised on the St. Petersburg. The Report recom- be rendered on the viability of a branch following: mends as potentially excess two segment3 line, include: The estimated rail resource consump- of the present Amtrak line between In- 1. Current physical condition of the tion was based on the service involved in dianapolis, Indiana, and Louisville, Xen- fixed plant switehing loaded freight cars at a ship- tucky. This Is the only direct route over 2. Expense required to raise the track per's siding, moving the loaded Cars to a which Amtrak can operate its Chicago- standards to an acceptable level yard, switching them into a line-haul Florida trains and serve both Indianap- 3. Annual maintenance cost - train, and delivering empty cars to the olis and Louisville. Also, Amtrak Is in the 4. Commodities shipped shipper's siding. process of establishing an auto-ferry 5. Annual tonnage and carloads han- The estimated motor carrier resource service in connection with its basic pas- died by origination and termination consumption was based on placement of senger operations, which will have its points. empty trailers at the shipper's location, northern terminal in the Indianapolis 6. Annual tonnage and carloads han- pickup and movement of the -loaded area. There Is no suitable alternative died on-line or interline. trailers to the railroad yard, placement route. 7. Cost of entire through movement of of the load on railroad cars, and switch- Chicago-Cincinnati.The Report rec- branch traffic ing those cars into a line-haul train. ommends as potentially excess the Am- 8. Revenue derived Thus, motor carrier cost is simply the trak route between Kankakee, Illinois, 9. Impact on revenues and cost if short and Indianapolis. Amtrak Is now detour- line railroads are formed. substitution of TOFC service for freight ing over a reasonable alternative route A railroad's base cost information can cars. Since transportation characteristics be derived using the Commission's Rail are not the same for all types of cars, - by way of Logansport, Indiana, due to

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 33, 1974 NOTICES 17161

the condtion of the track between Kan- Washington and New York within the Continuing the Norfolk and Cape kakee and Indianapolis. The DOT Report next 16 months. It plans to go to 15 Charles, VirgInia-to-Wilmington, Dela- recommends the Chesapeake and Ohio minutes scheduling of service between ware route which provides ample clear- route between Cincinnati and Chicago Philadelphia and New York City by mid- ances for high and wide shipments as the primary route to be considered. 1976. Thus, It is reasonable to expect which cannot move through the tunnels Recognizing Indianapolis as- an impor- that passenger service in the Corridor at Baltimore and Washington. tant traffic center, it sfiggests the Asso- will increase, and that speed require- The establishment of a coordinated ciation may choose the Penn Central line ments for Amtrak trains will continue freight route around Baltimore for the which serves Indianapolis direct. The As- to rise. Consequently, the compatibility use of all railroads. sociation should give consideration to of freight and passenger operations will Use of the Poughkeepsie Bridge-Lehigh Amtrak's view that the Kankakee-Indi- ,be steadily diminished. and Hudson River route, utilizing also anapolis route is the better one from a A goal which the Association should the so-called Trenton cut-off of the Penn marketing standpoint. seek to achieve in selecting facilities for Central, for traffic moving from and to Washington-Montreal. The Report the regional rail system is the removal New England. designates as potentially excess the Cen- from the Northeast passenger corridor of Improvement of the Camden-to-South tral of Vermont poftion of this route be- as much freight traffic as possible. Amboy, New Jersey line and connecting tween Bethel and Essex Junction, Ver- Clearly, all freight movements cannot be Lehigh Valley and Jersey Central lines mont. There is no alternative route which eliminated, for the corridor provides to provide an alternate route to the south would allow Amtrak to serve Montreal direct service to"one of the most highly and west from the Newark-Jersey City via Penn Station, New York. developed industrial and commercial area. In addition to resolving these sltua- areas of the nation. In 1971, Penn Cen- ECON0MIC IMPLICATIONS tions, the Association must ascertain the tral originated or terminated about 74,800 projected future needs for passenger and loaded cars for freight customers lo- Principal economic implications of the commuter service in its planning DOT Report are: (1) substantial cost- func- cated on the southern half of the corri- economies tion. The Office recommends that the As- dor between Washington and New York. by rail carriers In the Midwest sociation: (1) identify potentially bene- While It would no and Northeast Region of the United doubt be possible to States can be achieved by ficial high-speed passenger corridors; (2) serve some of these customers from consolidating project future passenger and commuter other nearby rail lines, many of them freight operations along high density service needs; and (3) consider the re- can only be served from the same tracks routes, and (2) the burden of financing tention of alternate lines for passenger that are used for heavy passenger move- unprofitable rail lines should be shifted service. ments. The Association should under- from the railroads and shippers In high trafflc routes to local users of rail service The Northeast Corridor take an analysis of how best to minimie interference with passenger trains with- or to the general public. DOT's proposals The Act requires the Final System out destroying the plant values of the therefore raise fundamental issues of Plan to provide for the establishment of customers. economic efficiency and income distribu- improved, high-speed rail passenger If the amount of freight traffic on the tion which need to be analyzed In more service between Washington, New York, Northeast corridor is to be significantly detail before designing the Preliminary and Boston, consonant with the recom- reduced, other routes for handling and Final System Plans. mendations of the Secretary of Trans- through shipments will have to be This section describes how abandon- portation in his report of September found, as will means for routing origi- ment of branch lines will affect the lo- 1971 entitled- "Recommendations for nating and terminating trafic away cation of economic activity and indicates Northeast Corridor Transportation." from the corridor mainline at a point how proper planning and analysis during That report, it should be noted, deals as close as possible to the corridor cus- the restructurIng process will assist pol- only with intercity passenger service, and tomer's location. Some traffic would be icy makers in' applying subsidies to does not include consideration of either susceptible to routing away from the achieve increased efficiency in the trans- commuter or freight movements on the corridor completely. Cars moving to portation Industry and social equity for corridor. These are factors which the As- many points in the South, for example, persons affected by the restructuring sociation must take into account. could be routed to connections with one process. The rail facilities in the corridor have of the several railroads serving Cin- The DOT Report proposed that exist- been developed over the years toprovide cinnati, Ohio, or to the Norfolk & West- ing rail lines be designated potentially freight and suburban passenger service em Railroad at Hagerstown, Maryland. excess If the costs which could be avoided in addition to intercity passenger trans- For other traffic, alternative freight by not operating the branch are greater portation. While none of these services routes that closely parallel the corridor than revenues generated. Other users of is a necessary adjunct to the others, and are available, provided that the neces- the railroad or railroad stockholders are each could be operated independently, sary connections are made and the subsidizing traffic along these routes. The there are significant cost savings and track conditions improved. Report assumes that operation of branch operating economies available from In conjunction with Its consideration lines having operating deficits will be sharing the facilities. However, with In- of how to improve rail service In the continued only if higher freight rates are creased volume and speed, interference Northeast corridor, the Association charged to local shippers or if a local has developed in~performing freight and should evaluate among others, the fol- service continuation subsidy is provided. passenger services. lowing The direct impact of the DYTs pro- I We have possibilities for developing and commented -earlier on the Improving alternate freight transporta- posal will be an increase in the cost of already congested traffic conditions in tion routes: doing business at locations along deficit the corridor, in which the p oblems pre- Improvement of the present Baltimore branch lines. Higher freight rates on po- sented by the sheer volume of traffic are & Ohio-Reading-Central Railroad of tentially excess branch lines will have aggravated by the train mix-roughly New Jersey route between Washington to be absorbed by local manufacfurers one-third each long-haul passenger, and New York; the construction of con- and their employees or passed on to con- commuter, and freight, as measured in nections between these railroads and sumers, depending upon the demand train-miles. In response to the sharply major yards and industrial centers on characteristics for locally produced final increasing passenger demand which it the corridor; and the construction of a products. The demand elasticity for a has recently experienced, and in expec- connection between the B&O and the product depends upon the degree of com- tation of increased iiopulation in the Penn Central at Perryville, corridor (46 million in 1975, 52 million Maryland. petition in the industry and substituta- in 1985, and almost 60 million in 1995) Increased use of the Boston & Maine- bity of similar products produced else- Amtrak has recently placed equipment Delaware & Hudson-Lehigh Valley- where. In agricultural areas, farmers orders which would, it anticipates, allow Reading-Baltimore & Ohio route be- may absorb the higher freight rates, cap- it to double Metroliner service between tween Boston and Washington. Italized value of farm land may decline,

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13. 1974 17162 -NOTICES and- prices of farm products may in- donment, the Office is developing an eco- file data base as part of Its assistanco crease. Alternatively, if taxes are im- nomic profile of all areas in the region to the states and local and regional tran- posed to finance rail service continua- affected by potential rail abandonment portation agencies. tion subsidies, the general public will based on industry Standard Industrial share the burden otherwise borne by spe- Classification codes. COMPETITION AND COODPNATOIT1 cific users of the service. This tax, in These data, together with information Competition effect, becomes a manner of transferring received at the public hearings, will make As reflected income from a non-benefiting group to it possible to carry out a more thorough primarily In the anti-trust the residents in the area being benefited review of the economic impacts of rail laws, the encouragement of effective by the branch line. abandonment on local communities. A competition is such a Well established Indirectly, freight rates on the restruc- particular community's contribution to national objective that there appears tured rail system can be reduced, rail- regional economic activity and the need to be no reason to discuss the underly- road stockholders profits increased, and/ of specific local industries for rail serving economi theories. It is sufficient to or service improved by the amount of the ice can be ascertained from these profile note that competition provide, the op- cross-subsidy formerly required to keep data. The impact of rail service discon- timal form of self-regulation, and serves deficit branch lines in service. Shippers, tinuance on local employment and earn- as a spur to promote reasonable prices their consumers, communities having rail ings can be estimated and compared with and responsible services service under the restructured system, costs of providing continued rail service. The conclusions of the DOT Report and the carriers will therefore benefit Rail abandonment and resulting concerning the routes which should be and attract additional economic activity. changes in transportation costs are by served by one or more competing rail- If the criterion for financing a deficit no means the only economic factors in- roads have been considered earlier In branch line is economic efficiency, oper- fluencing the location of economic ac- this report. In our analysis of those con- ating deficits should be financed by tivity. Population shifts, changes in clusions, we addressed-and In some In- ,means of rate increases. Only the most consumer preference, changes in tech- stances took issue with-the criteria efficient shippers and industries located nological production processes, and de- which were developed by DOT to pro-, along affected lines will survive. Others velopment of new energy sources also vide statistical standards for determin- will be forced to relocate toward lower influence the growth or decline of eco- ing what rail operations might be ex- cost areas. The loss of businesses not nomic activity at particular locations. pected to sustain competitive services able to pay higher rates or relocate must The process of change in the economic and permit the competing carriers t- be weighed against the present cost of well-being of communities is a dynamic turn a profit. diverting railroad capital and labor from and fluid process and the analysis of rail We think It Is safe to assume that, by more efficient uses elsewhere to oper- abandonment must clearly take this into any criterion, the major markets In the ations over the unprofitable branch line. account. DOT's local rail service recom- region can sustain competing rail opera- Consumers will pay higher prices for mendations, which are based on past tions, provided that the facilities uti- products originating in such areas, but levels of economic activity, need to be re- lized by the competitive carriers are will pay lower prices for goods produced assessed, accounting for projected future maintained to something approachinq at locations along the restructured sys- trends in communities where rail aban- comparable standards. At the same time, tem. Alternatively, carriers, shippers, donment is proposed. there will no doubt be situations, even and industries along the restructured Projections of economic activity for where traffic density Is heavy, In which system will receive the benefits. areas of the Midwest and Northeast cost and other considerations will mili- If the criterion is social equity, rail United States have been prepared by the tate against the success of any attemut service continuation subsidies should be U.S. Department of Commerce from to promote or retain viable competitive flnanced out of general public revenues. available Federal data sources. These services. The availability of subsidies will dis- area projections, which reflect needs for Our purpose here is not to attempt the courage the attrition of population and transport facilities in the various com- establishment of a quantitative test for employment along the deficit branch munities of the region, have been determining where comneting rail serv- lines by reducing the cost of distance matched with the local service recom- ices can be profitable, but to consider from these locations to the interstate mendations presented in the DOT Re- how different actions which the Associ- mainlines. The size of these subsidies port to determine the relationship be- ation might take In developing the system should reflect the importance attached tween potentially excess lines and pro- plan could affect the ability of profitable to preventing social dislocation. Such jected growth in local population and carriers now competing for traffic In the subsidies may also help achieve environ- economic activity. The analysis indicates region to remain viable, and in otherwise mental objectives, or protect fossil fuel that a large share of potentially excess promoting and preserving competitlv sources as required by the Act. track is found in areas having the high- rail services. In some cases, the increase in efficiency est projected growth in population and Intramodal rail competition now eists earnings up to 1980. for much of the traffic In the region. In gained by relocation to other areas along large part it Is provided by railroads the restructured network may be large MvIany of these areas are those in enough to permit adequate compensation which population is dense and there is which are not in reorganization compet- of those affected. In such situations, it substantial terminal track mileage, much ing among themselves or with the bank- may be in the public interest to provide of which may in fact be duplicative and rupts. However, substantial areas exist relocation and retraining grants to af- thus subject to elimination with little Im- in which service Is provided only by fected parties rather than to provide rail pact upon individual rail service users. railroads in reorganization, Much of service subsidies. Or, the social equity In addition, however, there are cases Pennsylvania, New York, and southern achieved in providing subsidies may be where all rail service available to com- New England is in this category, Includ- at an enormous loss of efficiency because munities with high growth rate potential ing the liportant transportation cor- the same subsidy might well have yielded is shown as potentially excess in the DOT ridors between New York City and greater benefits if used for some other Report. Buffalo and between Boston and Phila- delphia. purpose. Therefore, the equity criteria The ability of local communities to applied must be capable of quantifying At this stage in the planning process It deal with the rail service changes de- is-too early to know which of the bank- both the costs of social dislocation and pends upon an assessment of each com- the costs of achieving specific environ- rupt railroads will be directed by their munity's future growth potential. Some reorganization courts to be reorganized mental, energy, competitive, and other communities will be more capable of ad- policy gqals, justing to changes in levels of rail serv- under the Act. Thus, the rail properties DOT used an efficiency criteria (volume ice than others, and the use of rail serv- that will become available to the Associa- of freight traffic) in determining poten- ice continuation subsidies should take tion for mandatory transfer to the Cor- tially excess rail lines. In order to review -thisinto account. The Office will include poration can only be the subject of the equity issues involved in rail aban- these considerations in the economic pro- speculation.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17103

Were all the bankrupt railroads to A second suggestion was a two-system There now exist many agreements for seek reorganization under the Act, the Northeast with the division of Penn joint operation and joint use of facilities Association could direct that all of their Central into its premerger component between profitable railroads in the region properties be operated by the Corpora- parts, or in some other manner, and as- and the railroads in reorganization. The tion. The result would be a monolithic similation of the viable parts by Chemsle Association should consider how best to single-carrier system in a substantial System and the Norfolk &Wes-tern. make use of those agreements as prop- portion of the region, and rail competi- A third approach called for develop- ertles of the bankrupt carriers are tion for traffic in that area would be ment of a separate competitive system in selected for inclusion in the Final System eliminated For traffic moving between the eastern sector, made up of the prop- Plan. the far Northeast and other portions of erties of the Lehigh Valley, Reading, ADDMrIOL coNsIDroATIorS the region, there would still be possibili- Jersey Central, and Lehigh and Hudson While the DOT Report addressed ties for competition with the profitable River Railroads-a system operating in financial viability for the restructured railroads over portions of the total dis- the East and connecting with the profit- rail system in the region, other factors tance. However, the connecting railroads able lines in the western sector. must be considered by the Association would have lost their independent access The foregoing suggestions are directed in developing the Preliminary and Final to major eastern markets and would be primarily toward the retention of com- System Plans. limited to interchange with the Corpora- petition on east-west routes. In our dis- The Department of Defense has high- tion, which itself would be able to offer cussion in the preceding section, we men- lighted the national security transporta- single-line service to and from many of tioned a number of rail lines which could tion requirements in the region. The the points on their lines. be combined to provide a competitive transportation of fossil fuel resources As we interpret the Act, the Associa- north-south route parallel to the North- must be addressed, as must the efficient tion has many options open to it in di- east passenger corridor. Another north- use of scarce energy resources among the recting and recommending the transfer south route which we believe should be transportation modes. Concerns of the of rail properties within the region. The examined with care by the Association, environmental effects of rail diversions Act does not provide for the creation of Is the line of the Detroit, Toledo and to motor carriers were expressed by the two competing systems, but there ap- Ironton Railroad, which is an effective Environmental Protection Agency, and pears to be no reason why the Associa- competitor in the Detroit-Cincinnati must be dealt with, along with other tion could not direct that certain rail market, but much of which Is listed as environmental considerations. These are properties be transferred to the Corpora- potentially excess in the DOT Report. discussed in greater greater detail in this tion upon the condition that they be Coordination section. reconveyed to another company to be operated independently. The opportu- DOT proposed In the Report that rail NATIONAL SEGUIC nEQU XIrzEu'rS nity for the Association to recommend facilities be operated on a coordinated There are over 300 military installa- transfer of -properties of the bankrupt basis both as a means of interjecting tions in the region, some with unusual carriers to profitable railroads, and of competitive services Into particular mar- transportation requirements. The De- profitable railroads' property to the kets, and as a means of Improving capi- partment of Defense ships ammunition, Corporation, are specifically recognized tal productivity. We concur fully in that explosives, and extremely heavy and in the Act. recommendation. large size items, many of which are diffi- The opportunity afforded by the Act Is While some parties have pointed to cult, If not impossible, to move other unique. It invites the development of the problems that would have to be faced than by rail. Defense installations range solutions for the current railroad prob- in implementing any requirement that from active facilities to bases which are lem which are not constrained by histori- facilities be shared, we cannot accept the inactive and currently have no rail cal patterns of ownership or even by the argument that such difficulties would be transport requirements. However, exter- present fact of bankruptcy. The Associa- insurmountable. Joint use of facilities is nal factors over which the Department tion, in seeking the optimal solution, a common praitice today In the railroad of Defense has no control can change should be concerned not only with devis- industry, being seen for the most part the situation drastically on short notice. ing means for promoting and retaining in the granting of trackage rights. These Base reactivations with attending per- competition, but also with assuring that agreements have been made purely vol- sonnel and supply movements in an the Final System Plan take into account untarily, and also to meet requirements emergency may well tax even existing the operations of the railroads which are imposed by the Commission as condi- rail lines beyond their capacity. Any not in reorganization. These carriers tions to approving mergers and other restructuring plan which does not take should not be deprived of an opportunity transactions involving common control. into account such emergencies could be to compete effectively with the It is worth noting that the Commission detrimental to national security require- Corporation. has long had the power, under section ment. In developing the plan for restructur- 1(15) (c) of the Interstate Commerce The DOT Report did not include con- ing rail sefvices in the region, we recom- Act, to require joint use of terminals and sideration of military requirements, with mend that the Association investigate mainline tracks for a reasonable distance the result that lines indicated as poten- and assess a number of alternatives. beyond terminals, to meet emergency tially excess would preclude service to Without intending to Imply this Office's situations. Subject to proper regulatory andfrom20installatidisf the lines were specific endorsement of any one of them, control, there is no reason why such abandoned Also several other Installa- several alternative approaches presented arrangements cannot be successful and tions met minimum traffic requirements during the course of the hearings are mutually beneficial for continued local service, but were not broadly cataloged below: Joint use Is not the only means of so Indicated. One group of proposals centered achieving coordinated rail service. It is important that the Department of around a splitting up the present Penn Jointly-owned terminal and switching Defense prepare and maintain a com- Central properties. They included the companies and even Jointly-owned line- prehensive survey of Its needs. Through- suggestion that the bankrupt properties haul railroads, are common In the industry, and there may well be rail facilities out planning for restructuring there be divided into eastern and western sec- must be a two-way flow of information tors, with the eastern sector having a which the A:Zoclatlon should direct or monopoly of rail transportation in that recommend be jointly acquired by two between that Department and the Asso- area. It has been suggested that the or more carriers as part of the Final elation. viable lines of the western sector could be System Plan. Should it decide to follow Energy Resources sys- this course, the Association should give retained as a separate competitive consideration to establishing methods The Act specifies that "existing rail- tem or as a segment of one of the profit- for assuring that all parties are treated road trackage In areas in which fossil able railroads, or that they could be fairly with respect to cost, and that the fuel natural resources axe located" divided for incorporation into more than day-to-day operations are conducted on should be preserved. Nine states in the one profitable railroad. a completely impartial basis. region have reserves of coal, or oil, or

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17164 NOTICES

both. The DOT Report did not address FUTURE DIRECTONS rail service for local employment base, this goal, but did acknowledge its exist- basic utility and emergency ence. The Office's primary responsibility in services, and the rail restructuring economic development. Five process is to assure zones (Numbers 75 and 78 in that the Preliminary and Final System Environmental Conslderations.-Eval, Pennsylvania, 194 in Virginia, and 195 Plans prepared uation of the air quality and noise effects and 197 in West by the Association are Virginia) in major coal responsive to the needs of the public. As of alternative transportation modes. Im- producing areas were, not analyzed by we have detailed pact of alternative levels of rail service DOT because of their complexity. previously, the volume The of public submissions greatly exceeded on community land use patterns. particular importance of the region's Cost Analyses.--Determinations of the coal our most optimistic estimates and a ma- reserves and production makes 4t jor task has been organizing this mate- cost relationships of substituted motor imperative that the restructuring proc- rial so that carrier and rail services, and of the costs ess take them into account. it is accessible. The same As this report is issued, a major ac- associated with the operations of branch goal prescribes that the Final System tivity of the lines and local service facilities. Plan be designed to Office is the study and evalu- provide that trans- ation of the transcripts and exhibits Operational Feasibility. - Evaluation portation modes be used "which require from the of alternative regional mainline networls the smallest amount of scarce public hearings and statements energy submitted independently. As these docu- in terms of operations, and economic resources and which can most efficiently ments are comparisons of alternative networks, transport energy resources." analyzed and summarized, supplemental interim reports will be is- Assessments of capacity of yards and The planning process must evaluate lo- sued to the Association. mainline routes. Determination of criti- cations and capacities of pipelines, It is expected that the Office's com- cal considerations In achieving coordin- waterways, railroads, and highways in munications with persons and states will ated service. the region, balancing available rail fa- increase. Contacts have been established PUBLIC PARTICIPATION cilities against other modes to determine throughout the region, and public hear- the intermodal mix and competitive ings and less formal meetings are being Valuable sources of Information for structure that best meets these goals. scheduled during the summer months. designing a rail system consonant with Electrification of rail lines provides a po- The Office has become a focal point for th goals set out in the Act are to be tential for fuel conservation and could public inquiries and comments. This is found at the local and state level. Every serve to enhance environmental quality. being encouraged, and Office personnel state in the region was represented at It should also be considered by the As- spend considerable time meeting with in- the public hearings, and several thought- sociation in developing the system plans. dividuals and representatives of the pub- ful state presentations have been re- Environment lic who are anxious to protect or promote ceived by the Office and passed on to the their particular interests. Association. The-initiative for planning While DOT does not pretend -to con- is with the states, many of which have sider all the goals specified for develop- PROPOSED STUDIES already begun to compile necessary data ment of the Final System Plan, its ap- The Office will not depend entirely on and have issued initial studies. The As- proach appears incompatible with a con- what has been submitted, but will under- sociation is urged to use the talents and cern for the environment. Adoption of take independent resources available at the state level the DOT methodology studies in order that for would cause large it may proceed on an informed basis to material on which to design the Prelimi- scale rail abandonments and most prob- evaluate the extent to which the statu- nary and Final System Plans. In par- ably divert traffic to less energy-efficient tory goals might be achieved in any pro- ticular, every possible consideration modes. Because of the difference in ca- posal. These studies and investigations should be given to the decisions of state pacity-carload vis-a-vis truckload-the will allow the Office to make independent and local governmental agencies and number of trucks on the highways vould evaluations of the elements of the As- planning bodies which have developed have to Increase significantly to handle, sociation's rail transportation plans setting priorl- this Preliminary and Final Sys- added traffic. A conservative esti- tem Plans and to assist states and trans- ties for the retention of marginally mate puts this traffic at 2 million truck portation: authorities in determining the profitable lines providing predominantly loads if all the traffic originating on lines suitability local DOT of particular lines for subsidy. service. labeled potentially excess were to On the latter point, the Office published The Act is unique In many respects, move by truck. This possibility would on February 25, 1974, a notice of pro- -one of which Is the provision for publio cause problems for the states in meeting posed rulemaking and order in Ex Parte participation in the planning process. -federal ambient air quality standards No. 293 (Sub-No. 2), Standards for De- Contributions have come from a variety and would in some instances increase termining of sources, each emphasizing highway noise Rail Service Continuation one or more to unacceptable levels. Subsidies. Public comments are due on of the statutory goals. Much of the In- Use of a less energy-efficient mode or before May 3, and the Act calls for formation contained In these submis- would also cause greater use of scarce publication of the standards by July 1, sions will be useful In designing the re- fuels, contrary to a national policy of 1974. structured railroad plant. We are con- fuel conservation, and possibly result in . Areas the Office has under considera- vinced that despite our best efforts to the need for extending or enlarging tion for study include: publicize the Act and its ramifications, highways, affecting public land use. Existing and Future Rail Service there are still many who are unaware Battelle Institute has concluded in a that a major restructuring of the re- well-known study that the transporta- Needs.-The demand for rail.passenger and freight service in the region, in terms gion's rail network Is underway. ' tion of goods and materials by rail results Our evaluations, supported by the pub- in substantially lower adverse environ- of traffic currently moving by rail and traffic which could move by rail, with lic sentiment, lead us to conclude that mental impacts. The bases for this find- the many economic, environmental, and ing are that exhaust projections of rail service demand to emissions per net 1980. social goals specified by the Act can best ton mile of freight moved are 3.76 for be achieved through consideration of the truck and 1.03 for railroad and that the Energy Consumption and Energy Ac- broad range cess.-Relative fuel of local community needs railroads are more efficient users of land, efficiencies of alter- and interests raised by state and re- occupying about 7 percent as much land native transportation m6des for various gional types of transportation authorities and as highway rights-of-way. service (line-haul, pickup and concerned individuals. We intend to con- As a nation, we have become signifi- delivery, and low density local service). tinue our Evaluation of energy-efficiencies efforts to stimulate involve- cantly more sensitive in recent years to of al- ment by the public in the planning proc- the exploitation of our natural resources. ternative modes and means of meeting ess. It is important that the Association Decisions which will most surely affect transportation needs in energy producing assure the public that it is giving careful their use must be carefully scrutinized in areas. consideration to the hearing record and terms of the overall impact on the level Socio-Economic Impact.-Determina- all submissions. For our part, the Offico and quality of human life. tion of extent of community reliance on continues to stand ready to assist the

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 171L65 public and the Association in accom- Each application (except as otherwise a common carrier, by motor vehicle, over plishing the considerable task set out in specifically noted) filed after March 27, irregular routes, transporting: Liquid the Act. 1972, contains a statement by applicants chemicals and acids (except chemicals that there will be no significant effect for human consumption, silicate of soda, [SEAL] ROBERT L. OSWALD, on the quality of the human environment petroleum products, liquid glue, and Secretary. resulting from approval of the applca- formaldehyde), in bulk, in tank vehicles IFR Doc.7-lO627 'ille 5-10-74;8:45 am] tion. As provided in the Commission's from points in Washington and Oregon Special Rules of Practice any Interested to points in Arizona. The purpose of this [Notice 506] person may file a petition seeking recon- filing is to eliminate the gateway of sideration of the following numbered points in California. ASSIGNMENT OF HEARINGS proceedings on or before June 3, 1974. No. MC-730 (Sub-No. E2), filed May 1, MAY 7,1974. Pursuant to section 17(8) of the Inter- 1974. Applicant: PACIFIC INTER- state Commerce Act, the filing of such a MOUNTAIN EXPRESS CO., P.O. Box Cases assigned for hearing, postpone- petition will postpone the effective date ment, cancellation or oral argument ap- 638, Oakland, CA 94612. Applicant's rep- of the order in that proceeding pending resentative: R. N. Cooledge (same as pear below and will be published only its disposition. The matters relied upon once. This list contains prospective as- above). Authority sought to operate as by petitioners must be specified in their a common carrier,by motor vehicle, over signments only and does not include petitions with particularity. cases previously assigned hearing dates. irregular routes, transporting: Liquid The hearings will be on the issues as pre- No. AIC-FC-75101. By order of May 7, chemicals, and acids, in bulk, in tank ve- sently reflected in the Official Docket of 1974, the Motor Carrier Board approved hicles, from Henderson, Nev., to points in the Commission. An attempt will be made the transfer to Muir Trucking Service, Texas. The purpose of this filing is to to publish notices of cancellation of hear- Inc., Ivanhoe, Calif., of the operating eliminate the gateway of points in Utah. ings as promptly as possible, but inter- rights in Permit No: MC-126310 Issued No. MC--730 (Sub-No. E3), filed M3-ay 1, ested parties should take appropriate March 1, 1965 to L. E. Muir, doing busi- 1974. Applicant: PACIFIC INTER- steps to insure that they are notified of ness as L, E. Mulr Trucking Service, MOUNTAIN EXPRESS CO., P.O. Box cancellation or postponements of hear- Ivanhoe, Calif., authorizing the trans- 638. Oakland. CA 94612. Applicant's rep- portation of Iron and steel pipe from ings in which they are interested. No resentative: R. N. Cooledge (same as water terminals in the San Francisco hnd amendments will be entertained after above). Authority sought to operate as Oakland, Calif. Commercial Zones to a a common carrier,by motor vehicle, over the date of this publication. plantsite at or near Hillmald, Calif. Ann irregular routes, transporting: Liquid MC-115841* Sub 460, Colonial Refrigerated M. Pouglales, 100 Bush St., San Fran- chemicals, and acids, in bulk, in tank Transportation, Inc., now assigned June 13, cisco, Calif. 84104, attorney for appli- vehicles, from points in Texas to points 1974, at Columbus, Ohio Is cancelled and cants. in Nevada. The purpose bf this filing is the application Is dismissed. [SEAL] ROBERT L. OSIVALD, to eliminate the gateway of points in MJC-111231 Sub 183, Jones Truck Lines, Inc., now assigned June 12, 1974, at Kansas Secretary. Utah. City, Mo., is postponed Indefinitely. [FR Doc.74-10969 Filed 5-10-74;8:45 am] No. MC-65941 (Sub-No. ES), filed MC 128383 Sub 48, Pinto 'Trucking Service, April 21, 1974. Applicant: TOWER Inc., now being assigned hearing June 3, LINES, INC., P.O. Box 6010, Wheeling. 1974 (2 days), in Room 609, Federal Offce IRREGULAR-ROUTE MOTOR COMMON W. Va. 26003. Applicant's representative: Bldg, 911 Walnut St., Kansas City, Mo. CARRIERS George V. Thieroff (same as above). Au- MC-C-8254, Hutt Transportation Co., and Cape Air Freight, Inc.,--Investigation of Property-Elimination of Gateway Letter thority sought to operate as a common Operations and Revocation of Certificates, Notices carrier, by motor vehicle, over irregular routes, transporting: Oil grease, paper. & AIC-136724 Sub 1, Hutt Transportation MaY 8, 1974. roofing, metal and clay products, and Co., Common Crrier Application, now as- The following letter-notices of pro- signed June 3, 1974, will be held in Room materials,equipment, and supplies used 235 Federal Bldg., 85 Marconi Boulevard, posals to eliminate gateways for the pur- or useful In the production and packing Columbus, Ohio. pose of reducing highway congestion, al- of metal and clay products and building MGC-113666 Sub 81, Freeport Transport. Inc., leviating air and noise pollution, mini- stone, structural steel, and heavy ma- now assigned June 5. 1974, will be held in mizing safety hazards, and conserving chinery and equipment, between points Room 235 Federal Bldg., Marconi Boule- fuel have been filed with the Interstate in that part of West Virginia bounded yard, Columbus, Ohio. Commerce Commission under the Com- by a line beginning at Kenova, W. Va. MC-127527 Sub 16, Carl W. Reagan, DBA mission's Gateway Elimination Rules (49 and extending along U.S. Highway 60 to Southeast Trucking Co., now assigned CFR 1065(a)), and notice thereof to all Charleston. thence along U.S. Highway June 10, 1974, will be held in Room 235, interested persons is hereby given as pro- Federal Bldg., 85 Marconi Boulevard, Co- 119 to the West Virginia-Pennsylvania vided in such rules. State line, thence along the West Vir- lumbus, Ohio. An original and two copies of protests MC-1197T7 Sub 277, Ligon Specialized Hauler, gnila-Pennsylvania State line to U.S. Inc., now assigned June 11, 1974, will be against the proposed elimination of any Highway 30, thence along U.S. Highway held in Room 235 Federal Bldg., 85 Marconi gateway herein described may be filed 30 to West Virginia Highway 2, thence Boulevard, Columbus, Ohio. with the Interstate Commerce Commis- along West Virginia Highway 2 to West sion on or before May 23, 1974. A copy Virginia Secondary Highway 3, thence [SEAL] ROBERT . OSWALD, must also be served upon applicant or Secretary. along West Virginia Secondary High- its representative. Protests against the way 3 to West Virginia Highway 66, [FR Doc.74-10990 Filed 5-I0-7,4;8:45 am] elimination of a gateway will not operate thence along West Virginia Highway 66 to stay commencement of the proposed to U.S. Highwvay 30 to the West Virginia- operation. [Notice 771 Ohio State line, and thence along the,, Successively filed letter-notices of the West Virginla-Ohio State line to points MOTOR CARRIER BOARD TRANSFER - same carrier under these rules will be of beginning, including points on the in- PROCEEDiNGS numbered consecutively for convenience dicated portions of US. Highways 60 Synopses of orders entered by the in Identification. Protests, If any, must and 119, but not on the indicated por- refer to such letter-notices by number. Motor Carrier Board of the Commission tIons of the other highways specified, pursuant to sections 212(b), 206(a). 211, No. MC--730 (Sub-No. El), filed May 1, and points in Ashtabula Lake, Geauga, 1974. Applicant: PACIFIC INTER- 312(b), and 410(g) of the Interstate MOUNTAIN EXPRESS CO., P.O. Box Trumbull, Mahoning, Belmont, Wayne, Commerce Act, and rules and regulations 638, Oakland, CA 94612. Applicant's rep- Medina, Lorain, Ottava, Lucas, Portage, prescribed thereunder (49 CFR Part resentative: R. N. Cooledge (same as Carrol, Jefferson, Harrison, Summit, 1132), appear below: above). Authority sought to operate as Cuyahoza, Erie, Huron, Sandusky, and

FEDERAL REGISTER, VOL 39, NO. 93-.MONDAY, MAY 13, 1974 17166 NOTICES

Wood Counties, Ohio. The purpose of Irregular routes, transporting: Meats, this filing is to eliminate the gateway of this filing is to eliminate the gateway of meat products, and meat by-products, as Tifton, Ga., and points in Tennessee, Dallas, W. Va., and points within 15 described in Section A of Appendix I to miles of Dallas. the report in Descriptions in Motor No. MC-95540 (Sub-No. E93), filed Car- April 19, 1974. Applicant: WATKINS No. MC-95540 (Sub-No. 'E27), filed rier Certificates, 61 M.C.C. 209 and 766 (except commodities MOTOR LINES, INC., P.O. Box 1036, April 15, 1974. Applicant: WATKINS in bulk, in tank Atlanta, Ga. 30301. Applicant's repre- MOTOR LINES, INC., P.O. Box 1636, vehicles), from Dade City, Fla., to points sentative: Clyde W. Carver, Suite 212, Atlanta, Ga. 30301. Applicant's repre- in Indiana. The purpose of this filing Is to eliminate the gateway of Tifton, Ga. 5299 Roswell Road, N.E., Atlanta, Ga. sentative: Clyde W. Carver, Suite 212, 30342. Authority sought to operate as a 5299 Roswell Rd. NE., Atlanta, Ga. No. MC-95540 (Sub-No. E32), filed common carrier, by motor vehicle, over 30342. Authority sought to operate as a April 15, 1974. Applicant: WATKINS irregular routes, transporting: Frozen common carrier, by motor vehicle, over MOTOR LINES, INC., P.O. Box 1636, foods, from points In California on an Irregular routes, transporting; Frozen Atlanta, Ga. 30301. Applicant's repre- south of Interstate Highway 8, to points fruits and frozen vegetables, from points sentative: Clyde W. Carver, Suite 212, in New York. The purpose of this filing in Florida on and east of Florida Highway 5299 Roswell Road, N.E., Atlanta, is to eliminate the gateway of TIf ton, Ga. 85, to points in Minnesota. The purpose Georgia 30342. Authority, sought to oper- No. MC-95540 (Sub-No. El01), filed of this filing Is to eliminate theTenn. gateway ate as a common carrier,by motor vehi- of Tifton, Ga., and Jackson, cle, over irrgeular routes, transporting: April 19, 1974. Applicant: WATKINS MOTOR LINES, INC., P.O. Box 1636, No. MC-95540 (Sub-No. E28), filed Frozenfruits and frozen vegetables, from points in Florida on and east of a line be- Atlanta, Ga. 30301. Applicant's repre- April 15, 1974. Applicant: WATKINS sentative: Clyde W. Carver, Suite 212, MOTOR LINES, INC., P.O. Box 1636, ginning at the Alabama-Florida Bound- ary line, thence south along Florida 5299 Roswell Road, N.E,, Atlanta, Ga. Atlanta, Ga. 30301. Applicant's repre- Highway 197 to its junction with Florida 30342. Authority sought to operate as a sentative: Clyde W. Carver, Suite 212, common carrier, by motor vehicle, over 5299 Highway 197A, thence along Florida Roswell Rd. NE., Atlanta, Ga. Highway 197A to Floridatown on Pensa- irregular routes, transporting: Meats, 30342. Authority sought to operate as a meat products, and meat by-products, as common carrier, cola Bay, thence along Pensacola Bay to by motor vehicle, over the Gulf of Mexico to points in Wyo- described in section A of Appendix I to irregular routes, transporting: Meats, the report in Descriptionsin Motor Car- meat products, and meat min-g. The purpose of this filing i to by-products, as eliminate the gateway of Tifton, Ga. rier Certificates, 61 M.C.C. 209 and 766 described in Section A of Appendix I to and Jackson, Tenn. (except commodities in bulk, in tank ve- the report in Descriptions in Motor Car- hicles), from Jacksonville, Fla., to rier Cerifieates, 61 M.C.C. 209 and 766 No. MC-95540 (Sub-No. 945), filed points in Alabama. The purpose of this (except commodities in bulk, in tank ve- April 15, 1974. A~plicant: WATKINS filing is to eliminate the gateway of Tif- hicles), from Dade City, Fla., to points MOTOR LINES, INC., P.O. Box 1636, ton, Ga. in New York. The purpose of this filing is Atlanta, Ga. 30301. Applicant's repre- to eliminate the gateway of Tifton, Ga. sentative: Clyde W. Carver, Suite 212, No. MC-95540 (Sub-No. E103), filed 5299 Roswell Rd., NE., Atlanta, Ga. April 19, 1974. Applicant: WATKINS No. MC-95540 (Sub-No. E29), filed MOTOR LINES, INC., P.O. Box 1636, April 14, 1974. Applicant: WATKINS 30342. Authority sought to operate as a common -carrier,'by motor vehicle, over Atlanta, Ga. 30301. Applicant's repre- MOTOR LINES, INC., P.O. Box 1636, sentative: Clyde W. Carver, Suite 212, Atlanta, irrpgular routes, transporting: Meats, Ga. 30301. Applicant's repre- meat products,and meat by-products, as 5299 Roswell Road, N.E., Atlanta, Ga. sentative: Clyde W. Carver, Suite 212, 30342. Authority sought to operate as a 5299 Roswell Rd. NE., Atlanta, Ga. described in Section A of Appendix I to the report in Descriptions in Motor Car- common carrier, by motor vehicle, over 30342. Authority sought to operate as a irregular routes, transporting: Meats, common carrier, by motor vehicle, over rier Certificates, 61 M.C.C. 209 and 766 (except commodities in bulk, in tank meat products, and meat by-products, as irregular routes, transporting: Frozen described in Section A of Appendix I fruits and frozen vegetables, from points vehicles), from Dade City, Fla., to points in North Carolina on and west of a line to the report In Descriptions in Motor in Florida on and east of U.S. Highway Carrier Certificates, 61 M.C.C. 209 and 231, to points in Kentucky. The purpose beginning at Cormcake Inlet on the Atlantic Ocean, thence north along U.S. 766 (except commodities In bulk, In tank of this filing is to eliminate the gateway vehicles), from Jacksonville, Fla., to of Tifton, Ga. Highway 421 to Wilmington, N.C., thence along U.S. Highway 17 to junction with points In Wisconsin. The purpose of this No. MC-95540 (Sub-No. E30), filed U.S. Highway 264, thence along U.S. filing is to eliminate the gateway of Tif- April 14, 1974. Applicant: WATKINS Highway 264 to Junction with North ton, Ga. and Florence, Ala. MOTOR LINES, INC., P.O. Box 1636, Carolina Highway 32, thence, along North No. MC-95540 (Sub-No. E178), filed Atlanta, Ga. 30301. Applicant's repre- Carolina Highway to junction with U.S. April 28, 1974. Applicant: WATKINS sentative: Clyde W. Carver, Suite 212, Highway 64, thence along U.S. Highway MOTOR LINES, INC., P.O. Box 1636, 5299 Roswell Rd. NE., Atlanta, Ga. 64 to junction with North Carolina High- Atlanta, Ga. 30301. Applicant's represen- 30342. Authority sought to operate as a way 32, thence along North Carolina tative: Clyde W. Carver, Suite 212, 5299 common carrier,by motor vehicle, over Highway 32 to junction with U.S. High- 'Roswell Road, N.E., Atlanta, Ga. 30342. irregular routes, transporting: Meats, way 17, thence along U.S. Highway 17 to Authority sought to operate as a common meat products, and meat by-products, as Elizabeth City, thence along North Caro- carrier,by motor vehicle, over Irregular described in Section A of Appendix I to lina Highway 163 to the Virginia-North routes, transporting: Frozen, canned the report in'Descriptionsin Motor Car- Carolina state line. The purpose of this preserved or prepared citrus products, rier Certificates, 61 M.C.C. 209 and 766 filing is to eliminate the gateway of from points in Florida (except Jackson- (except commodities in bulk, in tank ve- Tifton, Ga. ville) to points in Massachusetts. The hicles), from Dade City, Fla., to points No. MC-95540 (Sub-No. E57), filed purpose of this filing Is to eliminate the in Maryland. The purpose of this filing gateway of Bridgeton, N.J. Is to eliminate the gateway of Tifton, April 15, 1974. Applicant: WATKINS Ga. MOTOR LINES, INC., P.O. Box 1636, No. MC-95540 (Sub-No. El81), filed Atlanta, Ga. 30301. Applicant's repre- April 28, 1974. Applicant: WATKINS No. MC-95549 (Sub-No. E31), filed sentative: Clyde W. Carver, Suite 212- MOTOR LINES, INC., P.O. Box 1636, At- April 14, 1974. Applicant: WATKINS 5299 Roswell Rd. N.E., Atlanta, Ga. lanta, Ga. 30301. Applicant's represen- MOTOR LINES, INC., P.O. Box 1636, 30342. Authority sought to operate as a tative: Clyde W. Carver, Suite 212, 5299 Atlanta, Ga. 30301. Applicant's repre- common carrier, by motor vehicle, over Roswell Road, N.E., Atlanta, Ga. 30342. sentative: Clyde W. Carver, Suite 212, irregular routes, transporting: Frozen Authority sought to operate as a common 5299 Roswell Rd., N.E., Atlanta, Ga. fruits and frozen vegetables, from points carrier,by motor vehicle, over irregular 30342. Authority sought to operate as a in Florida on and east of U.S. Highway routes, transporting: Meats, meat prod- common carrier, by motor vehicle, over 231, to points in Utah. The purpose of ucts, and meat by-products, as described

FEDERAL- REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17167 in Section A of Appendix I to the report by motor vehicle, over irregular routes, along New York Highway 36 to junction in Description in Motor Carrier Certijl- transporting: Paper,paper products and New York Highway 21, thence along New cates, 61 M.C.C. 209 and 766 (except cartons, from points in Wisconsin and York Highway 21 to Andover, N.Y., and commodities in bulk, in tank vehicles), Iowa, to Hartford City, Ind.; Fairfield thence along New York Highway 17 to from Dade City, Fla., to points in Michi- and Middletown, Ohio; Sparrows Point the New York-Pennsylvania State line, gan. The purpose of this filing is to and Baltimore, Md.; New York, N.Y., and and points in West Virginia and Pennsyl- eliminate the gateway of Tifton, Ga. points within 30 miles of New York, N.Y., vanla. No. MC-95540 (Sub-No. E182), filed points in that part of New Jersey, Dela- The authority described In (a) and (b) April 28, 1974. Applicant: WATKINS ware, and Maryland which are located above, restricted to the transportation of MOTOR LINES, INC., P.O. Box 1636, At- within 30 miles of Philadelphia, Pa., shipments moving from, to, or between lanta, Ga. 30301. Applicant's represen- points in that part of New York on and glassware manufacturing plants, or tative: Clyde W. Carver, Suite 212, 5299 west of a line beginning at Windsor warehouses, plants, or other facilities of Beach, N.Y., and extending to Rochester, food packing and processing plants. Roswell Road, NE., Atlanta, Ga. 30342. filing is to elimi- Authority sought to operate as a com- N.Y., thence along U.S. Highway 15 to The purpose of this Wayland, N.Y., thence along New York nate the gateway of points in Ohio within mon carrier, by motor vehicle, over ir- the territory regular routes, transporting: Salad Highway 245 to Dansville, N.Y., thence bounded by a line begin- dressing, canned tuna, and canned and along New York Highway 36 to Junction ning at the Indiana-Illinois State line Preserved olives, in vehicles equipped New York Highway 21, thence along New and extending along US. Highway 24 York Highway 21 to Andover, N.Y., and to Huntington, Ind., thence along U.S. with mechanical refrigeration, from San thence Diego, Calfornia, to points in Maine. thence along New York Highway 17 to Highway 224 to Van Wert, Ohio, the New York-Pennsylvania State line, along U.S. Highway 30 to Delphos, Ohio, The purpose of this filing is to eliminate thence along U.S. Highway 30N to Mans- the gateway of the plantsite and ware- and points in West Virginia and Pennsyl- house sites of the Commercial Cold vania, restricted to the transportation of field, Ohio, thence along US. Highway shipments moving from, to, or between 30 to Massillon, Ohio, thence along U.S. Storage, Inc., located at or near Dora- Highway 21 to the Ohio-West Virginia ville, Ga. warehouses, and wholesale, retail, or chain outlets of food business houses, or State line. thence along the Ohio-West No. MC-100666 (Sub-No. E27), filed when moving from, to or between plants, Virginia State line to the Ohio-Kentucky April 11, 1974. Applicant: MELTON or warehouses or other facilities of such State line, thence along the Ohio-Ken- TRUCK LINES, INC., P.O. Box 7666, food processing plants. The purpose of tucky State line to the Ohio-Indiana- Shreveport, La. 71107. Applicant's repre- this filing is to eliminate the gateway of Kentucky State lines, thence along the sentative: Richard W. May (same as Chicago, Ill., Middletown, Ohio, and/or Indiana-Kentucky State line to the above). Authority sought to operate as a Hartford City, Ind. Kentucky-Indiana-Illinols State lines, common carrier, by motor vehicle, over thence along the Indiana-Illinois State irregular routes, transporting: Composi- No. MC-114019 (Sub-No. E6), filed line to the point of beginning, including tion lumber from points in Texas (except April 28, 1974. Applicant: MIDWEST points on the indicated portions of the Pineland and Silsbee and particleboard EMERY FREIGHT SYSTEM, INC., 7000 highways specified. from Diboll) to points South Pulaski Road., Chicago, IL 60629. in Alabama. The Applicant's representative: Arthur J. No. MC-114019 (Sub-No. E), filed purpose of this filing is to eliminate the April 28, 1974. Applicant: IDWEST gateways of Irving, Pineland, and Silsbee, Sibik (same as above). Authority sought to operate as a common carrier, by notor EMERY FREIGHT SYSTEM, INC., 7000 Tex. vehicle, over irregular routes, transport- South Pliaski Road, Chicago, Illinois No. ATC-112822 (Sub-No. E12), filed ing: (a) Glassware, glass containers, 60029. Applicant's representative: Arthur April 21, 1974. Applicant BRAY LINES covers, caps, accessories for glass con- J. Sibik (same as above). Authority INC., P.O. Box 1191, Cushing, Okla. tainers, and paper cartons, from Streator sought to operate as a common carrier, 74023. Applicant's representative: Rob- and Alton, Ill., to Sparrows Point and by motor vehicle, over irregular routes, ert A. Stone (Same as above). Author- Baltimore, Md., New York, N.Y., and transporting: Glass containers and ec- ity sought to operate as a common car- points within 30 miles of New York, N.Y., cessorics therefor, from Muncie, Ind., to rier, by motor vehicle, over irregular points in that part of New Jersey, Dela- Sparrows Point and BaJltmore, Md., New routes, transporting: Oleomargarine, ware, and Maryland, which are located York, N.Y., and points with 30 miles of from the plantsites and storage facili- within 30 miles of Philadelphia, Pa., New York, N.Y., points within that part ties of Anderson, Clayton & Co., at Jack- points in that part of New York on and of New Jersey, Delaware, and Maryland, sonville, Ill., to points in Arizona, Cal- west of a line beginning at Windsor which are located within 30 miles of ifornia, and New Mexico. The purpose Beach, N.Y., and extending to Rochester, Philadelphia. Pa., and points in West of this filing is to eliminate the gateway N.Y., thence along U.S. Highway 15 to Virginia and Pennsylvania, restricted to of Carthage, Mo. Wayland, N.Y., thence along New York the transportation of shipments moving from, to, or between glassware manu- No. 1IC-112822 (Sub-No. E13), filed Highway 245 to Dansvllie. N.Y., thence along New York Highway 36 to junction facturing plants, or warehouses or other April 21, 1974. Applicant: BRAY LINES, facilities of such plants, or when moving INC., P.O. Box 1191, Cushing, Okla. New York Highway 21, thence along New York Highway 21 to Andover, N.Y., and from, to, or between warehouses, plants, 74023. Applicant's representative: Rob- or other facilities of food packing and - ert A. Stone (same as above). Author- thence along New York Highway 17 to the New York-Pennsylvania State line, processing plants. The purpose of this ity sought to operate as a common car- filing Is to eliminate the gateway of rier, by motor vehicle, over irregular and points in West Virginia and Penn- sylvania. points in Ohio (including Cleveland, routes, transporting: Dairy products, Columbus, and Mddletown). from points in Montana, to points in (b) Glassware, from Louisville and Iowa, Missouri, and Tennessee. The pur- Newport, Ky., and Champaign and No. MC-114019 (Sub-No. ES), filed pose of this filing is to eliminate the Springfield, IlL, to Sparrows Point and April 28, 1974. Applicant: ,D WEST gateway of points ii Minnesota (except Baltimore, Md., New York, N.Y., and EMERY FREIGHT SYSTEM, INC., 7000 Minneapolis-St. Paul and points in the points within 30 miles of New York, N.Y., South Pulaski Road, Chicago, Illinois Minneapolis-St. Paul Commercial Zone points in that part of New Jersey, Dela- 60629. Applicant's representative: Arthur as defined by the Commission). ware, and Maryland, which are located J. Siblk (same as above). Authority within, 30 miles of Philadelphia, Pa., sought to operate as a common carrier, No. MGC-114019 (Sub-No. E), filed points in that part of New York on and by motor vehicle, over Irregular routes, April 28, 1974. Applicant: MIDWEST west of a line beginning EMERY FREIGHT SYSTEM, INC., 7000 at Windsor transporting: Glassware, glass contain- South Pulaski Road, Chicago, Illinois Beach, N.Y., and extending to Rochester, ers and accessories therefor, and paper 60629. Applicant's representative: Arthur N.Y., thence along US. Highway 15 to cartons used in the packing or shipping J. Sibik (same as above). Authority Wayland, N.Y., thence along New York of glass containers, from Winchester, sought to operate as a common carrier, Highway 245 to Dansville, N.Y., thence Ind., to points in Iowa, MinnesotaNorth

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 No. 93-Pt. I-11 NOTICES

Dakota, South Dakota, and Nebraska, LINES, INC., P.O. Box 988 D.T.S., hicle, over irregular routes, transporting: restricted to the transportation of ship- Omaha, Nebraska 68101. Applicant's rep- General commodities (except commodi- ments moving from, to, or between glass- resentative: Thomas L. Hilt (same as ties in bulk and automobiles), between ware manufacturing plants, or ware- above). Authority sought to operate as Greater Buffalo International Airport, houses or other facilities of food packing a common carrier,by motor vehicle, over Erie County, N.Y., and La Guardia Air- and processing plants. The purpose of irregular routes, transporting: port, New York, N.Y., restricted to the this filing Is to eliminate the gateway of (a) Canned goods and food products transportation of traffic having a prior or Streator, Ill. (except frozen foodstuffs, commodities in subsequent movement by air. The pur- bulkeand meat, meat products and meat pose of this filing is to eliminate the gate- No, MC-117119 (Sub-No. E3), filed byproducts, dairy products, and articles way of Chemung County Airport, Che- April 30, 1974.Applicant: WILLIS SHAW distributed by meat packinghouses, as mung County, N.Y. FROZEN EXPRESS, INC., P.O. Box 188, described in sections A, B and C of Ap- No. MC-123383 (Sub-No. E30), filed Elm Springs, Arkansas 72728. Applicant's pendix I to the report in Descriptions in representative: L. M. McLean (same as April 26, 1974. Applicant: PINTO Motor CarrierCertificates, 61 M.C.C. 209 TRUCKING SERVICE, INC., 1414 Cal- above). Authority sought to operate as and 766), from Chicago, I., to points In a common carrier,by motor vehicle, over con Hook Road, Sharon Hill, Pa. Arizona, California, New Mexico, and 19079. Applicant's representative: irregular routes, transporting: Frozen Utah. foods, from Athens, Ala., and Bells, Hum- Gerald K. Ginmel, 303 N. Frederick (b) Canned goods, (1) from points in Ave., Gaithersburg, Md. 20760. Authority boldt, and Jackson, Tenn., to points in Iowa, and points in that part of Illinois Colorado. The purpose of this filing is sought to operate as a common carrier, on and north of a line beginning at the by motor vehicle, over Irregular routes, to eliminate the gateway of Springdale, Illinois-Indiana State line, thence over Ark. transporting: General commodities (ex- U.S. Highway 125 to Beardstown, Ill., cept commodities In bulk and automo- No. MC-117119 (Sub-No. ES), filed thence over U.S. Highway 67 to Junction biles), between Washington National April 30,. 1974. Applicant: WILLIS of U.S. Highway 24, thence over U.S. Airport, Gravelly Point, Va., and SHAW FROZEN EXPRESS, INC., P.O. Highway 24to the Illinois-Missouri State Clarence E. Hancock Airport, Onondaga Box 188, Elm Springs, Arkansas 72728. line near Quincy, Il., to points in Ari- County, N.Y., restricted to the transpor- Applicant's representative: L. M. zona, California, Nevada, New Mexico, tation of traffic having a prior or subse- McLean (same as above). Authority and Utah; and (2) from points in 111- quent movement by air. The purpose of sought to operate as a common carrier, nols south of a line beginning at the 1111- this filing is to eliminate the gateway of by motor vehicle, over irregular routes, nols-Indiana State line, thence over U.S. Chemung County Airport, Chemung transporting: Foodstuffs (except dairy Highway 36 to Springfield, Il., thence County, N.Y. over Illinois Highway 125 to Beardstown, products, and commodities in bulk, In E31), filed tank vehicles) in vehicles equipped Ill., thence over U.S. Highway 67 to Junc- No. MC-128383 (Sub-No, tion of U.S. Highway 24, thence over U.S. April 26, 1974. Applicant: PINTO with mechanical refrigeration, from INC., 1414 Cal- Athens, Ala., and Bells, Humboldt, and Highway 24 to the Illinois-Missouri State TRUCKING SERVICE, line near Quincy, Ill., to points in Cali- con Hook Road, Sharon Hill, Pa. 19079. Jackson, Tenn., to points in Idaho, Gerald K. Montana, Utah and Wyoming. The fornia, Nevada, Utah, and points in that Applicant's representative: part of Arizona on, north and west of a Gimmel, 303 N. Frederick Ave., Gaithers- purpose of this filing Is to eliminate the sought to op- gateway of Springdale, Ark. line beginning at the Arizona-Nevada burg, Md. 20760. Authority State line, thence over U.S. Hghway 160 erate as a common carrier, by motor No. MC-117119 (Sub-No. E7), filed to Junction U.S. Highway 89, thence vehicle, over irregular routes, transport- April 30, 1974. Applicant: WILLIS south over U.S. Highway 89 to Flagstaff, ing: General commodities (except com- SHAW FROZEN EXPRESS, INC., P.O. Ariz., thence over Interstate Highway 17 modities in bulk and automobiles), Box 188, Elm Springs, Arkansas 72728. and Arizona Highway 79 to Phoenix, between Rochester-Monroe County Air- Applicant's representative: L. M. Ariz., thence west over U.S. Highway 80 port, Monroe County, N.Y., and Dulles McLean (same as above). Authority to the Arizona-California State line near International Airport, Fairfax and sought to operate as a common carrier, Yuma, Ariz. The purpose of this filing in Loudoun Counties, Va., restricted to the by motor vehicle, over irregular routes, (a) and (b) above is to eliminate the transportation of traffic having a prior transporting: Food products, (except gateway of Grand Island, Nebr. or subsequent movement by air. The pur- commodities in bulk, in tank vehicles), pose of this filing Is to eliminate the n vehicles equipped with mechanical re- No. MC-128383 (Sub-No. E26), flied gateway of Chemung County Airport, frigeration, from Athens, Ala., and Bells, April 26, 1974. Applicant: PINTO Chemung County, N.Y. Humboldt, and Jackson, Tenn., to points TRUCKING SERVICE, INC., 1414 Cal- con Hook Road, Sharon Hill, Pa. 19079. No. MC-128383 (Sub-No. E38), filed in Idaho, Wyoming,, Oregon, Utah, and May 1, 1974. Applicant: PINTO TRUCK- Washington. The purpose of this filing Applicant's representative: Gerald K. Glimmel, 303 N. Frederick Ave., Gaithers- ING SERVICE, INC., 1414 Calcon Hook is to eliminate the gateway of Califor- Road, Sharon Hill, Pa, 19079. Applicant's nia, Mo. burg, Md. 20760. Authority sought to operate as a common carrier, by motor representative: Gerald K. Gimmel, 303 No. MC-124211 (Sub-No. E8), filed vehicle, over irregular routes, transport- N. Frederick Ave., Gaithersburg, Md. April 29, 1974. Applicant: HILT TRUCK Ing: General commodities (except com- 20760. Authority sought to operate as LINE, INC., P.O. Box 988 D.T.S., Omaha, modities in bulk and automobiles), be- a common carrier, by motor vehicle, Nebraska 68101, ApplicanVs representa- tween Greater Buffalo International Air- over Irregular routes, transporting: tive: Thomas L. Hilt (same as above). port, Erie County, N.Y., and Washington General commodities (except com- Authority sought to operate as a com- National Airport, Gravelly Point, Va., re- modities in bulk and automobiles), mon carrier, by motor vehicle, over Ir- stricted to the transportation of traffic between Bradley International Airport, regular routes, transporting: Empty having a prior or subsequent movement Hartford County, Conn., and Dulles In- cardboard and fiberboard boxes, from by air. The purpose of this filing Is to points in Pennsylvania to Sioux City, ternational Airport, Fairfax and Lou- eliminate the gateway of Jamestown Mu- the Iowa and to points in Nebraska, Cali- nicipal Airport, . Chautauqua County, don Counties, Va., restricted to fornia, and points in that part of Texas N.Y. transportation of traffic having a prior on and west of U.S. Highway 83 and on or subsequent movement by air. The north of U.S. Highway 90. The purpose No. MC-128383 (Sub-No. E27), filed purpose of thi filing Is to eliminate the April 26, 1974. Applicant: PINTO of this filing is to eliminate the gateway gateway of Tweed-New Haven Airport, of the plant site and warehouse facilities TRUCKING SERVICE, INC, 1414 Cal- New Haven, Ccnn. of Dorsey Laboratories, division of con Hook Road, Sharon Hill, Pa. 19079. Applicant's representative: Gerald K. MC-128383 (Sub-No. E52), filed Wander Co., in Lancaster County, Nebr. Gimmel, 303 N. Frederick Ave., Gaithers- No. No. MC-124211 (Sub-No. E37), filed burg, Md. 20760. Authority sought to op- May 1, 1974. Applicant: PINTO TRUCK- April 29, 1974. Applicant: HILT TRUCK erate as a common-carrier,by motor ye- ING SERVICE, INC, 1414 Calcon Hook

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 NOTICES 17169

Road, Sharon Hill, Pa. 19079. Applicant's of Tweed-New Haven Airport., New International Airport, Philadelphia, Pa., representative: Gerald K. Gimmel, 303 Haven County, Conn. and Logan International Airport, Bos- N. Frederick Ave., Gaithersburg, M6d. No. MC-128383 (Sub-No. E53), filed ton, Mass., restricted to the transporta- 20760. Authority sought to operate as a iay 1, 1974. Applicant: PINTO TRUCK- tion of traffic having a prior or subse- common carrier, by motor vehicle, over ING SERVICE, INC., 1414 Calcon Hook quent movement by air. The purpose of irregular routes, transporting: General Roadf Sharon Hill, Pa. 19079. Applicant's commodities (except commodities in bulk this filing to is eliminate the gateway reprdsentative: Gerald K. Glmmel, 303 of Tweed-New Haven Airport, New Haven and automobiles), between John F. Ken- N. Frederick Ave., Gaithersburg, Md. nedy International Airport, New County, Conn. York, 20760. Authority sought to operate as a N.Y, and Logan International Airport, By the Commission. Boston, Mass., restricted to the transpor- common carrier, by motor vehicles, over tation of traffic having a prior or subse- irregular routes, transporting: General [sEAL] RoBRT L. OswAL.a, quent movement by air. The purpose of commodities (except commodities In bulk Secretary. this iling is to eliminate the gateway and automobiles), between Philadelphia lIJR Doo.74-10331 elld 5-10-74;8:45 ami

CUMULATIVE LIST OF PARTS AFFECTED-MAY 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 May.

3 CFR Page 7 CFR-Continued Page 7 CFR-Continued Paze PROCLAMATIONS: 1032... ------15417 PRoPosED RuLES-Continued 1046 ------.... ----.... 15427 4289 ------15251 924 ------16361 1049 ...... ------15437 930 17105 4290 15253 1050-- -.... ------15448 944 __ _ 15141 1060 ------... 16232 1001--_. 15488 ExEcUTIVE ORDERS: 1061------16242 1002- .- 15488 11588 (see EQ 11781)- -. 15749 1062 -..--...... ------15458 1004- __ ___1548 11615 (see EQ 11781) ---- - 15749 1063 ------.-----.. .-----16251 1015-...... 15488 11627 (see EO 11781) ------15749 1064------16260 15483 11695 (superseded In part by 1065------...... 16273 1036 ...... 15488 EQ 11781)------15749 1068 ------.. -- --- .16285 1040---- -15488 11723 (superseded in part by 1069 -----..------16294 1049__- _ _ _ 15483 EO 11781) ------15749 1070 ------.-.------16303 1701 ...... - 16362 .. 15775 11730 (superseded in part by 1071------8 CFR EQ 11781) ------15749 1073 ...... ------15786 11748 (see EO 1178) ...... 15749 1076 ------16312 PRoPosED RULES: 11781 ------15749 1078 ------16321 242. - 15283 11782 ------15991 1079------16278,16328 9 CFR 1090 ....-..------15798 5 CFR 1094 ------..------15807 73 -..----..... 15756 76- - 213.... 15383, 16228, 16229, 16851, 17096 1096 ..... ------15817 16852 532 ------16439 1097 -----.-....-...-- .-.----.- 15826 78 -....- ...... _ 15402 1098 - 92______16853 .733 ------16851 15836 103. .... 16854 930 ------15110 1099------15469 1102 ------15847 112 ...... 16856 113...... 16856 6 CFR 1104------...... 15997 1106 - - 16008 114___...... 16869 150_... 16126 1108 ------15855 116...... 16872 152- _-_----_16127 --- 1120------16019 331_____.15257 153------16127 1126 ------16031 38- .15257 155 - 15276 16042 PnoPosED RULES: PROPOSED RULES: 16064 71 ---- 16894 150 ------15309, 15488 10 CFR 1130 ------.. 16073 7 CFR 1131 ------. ------.-- -. 16084 Rulngs- _____- 15140 - _ 15277 1132 ------16094 50--. .. 16439 2 . ------.. -16470 . 15867... 211.___ 15138, 15960, 16873 1138..... - 16105 52-.. ------. --- 15404,15996 212 ------15138 1207 - 16117 220 ------. 16470, 16851 215 .... 5 .... 15137 1434 --.------225 ------15756 ...------15098 PROPOSED RULES: 301 ------15404 1806------17093 20_.___ 16481 1832 ------16117 40--- .. _16 0 401------16471 50 .16901 730------15758 16117 1843------15168 731___ ------15759 70 .. 16901 780-- ...... - 16851 PROPOSED RULES: 12 CFR 75 ------15996 905 -..-...... 16231 612 .16480 201 __16873 907...... - -..... ~5277,1.. 16471 620 .....------15284 303______16229 908--: .------15278, 15761 16472 545--....-..------15111 910_.--" ". -__15403;.. 159965;16851 622----- 15284 581L--- 15111 911L ...... 15097 624 ------_ _ 15284 PnOPoszn RoLzS: 9 ...... -4- . ------16472 340- . . . .15510 1007 ...... 15762 911 ------15284 545 . . 16484 1030------15405 915.-- 15488 56L..-.. 15881

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17170 FEDERAL REGISTER

13 CFR Page 21 CFR Page 37 CFR Pare PROPOSED RULES: 1------15268,16227 2 ------16885 108------16907 3--_------15269 6 ------16885 121 ------17111 8 ------16884 15 ------16227 38 CFR 14 CFR 18 ------15993 3 ------15125 19 ------16227 39------15257, 39 CFR 15258, 16118, 16338, 16873-16877, 121.... 15269, 15753, 15996, 16884, 16885 135 ------15270 132 ------15271 17097 135------71 ----.------15099, 135b ...------15996 15271 15259, 15383, 16118, 16119, 16339, 135c ------15270 136 ------15271 16439, 16440, 16877, 17097, 17098 135e ------15270 141 ------16442 40 CFR 73 ------15259,16339,17097 35 ------15760, 17202 75------16340,17098 1481 ------15753 1002 ------16227 51 ------16122, 16343 97------15259,16340 52 ---- 16272, 16123, 16344, 16348, 16887 217 ------16878 1010 ------16227 1308 ------16442 60 ------15300 221 ------.....----- 16119 61 ------15390 239 ------16879 PROPOSED RULES: 80 ------16123 241 ------16120 3------15306 108 ------15398 242 ------16879 121 ------.. : 15879 165 ------15230 243 ------16880 141a ------15879 180 ------15126, 16888 298 ...... _ _ 16341, 16881 146a------15879 419 ------16560 PROPOSED RULES: 149h ------15879 431 ------16578 25------16900 23 CFR PROPOSED RULES: 39 ------15143, 16900 71 ------15143, 655 ------16443 52------16366, 17100 15307, 15308, 16153, 16364-16366, 790 ------16122 79 ------15145 16901,17108,17109 80------15315, 16123 24 CFR 103 ------16481 85 ------16904 1274 ... ------17186 120------15505 213 ------16902 180 15880, 399 ------15309 1914___- 15100, 15101, 15870-15872, 16468 ------16005 1915 ------15102,15873,15874 190------16900 15 CFR 419------16574 26 CFR 431 ------.------16582 370 ------17098 301 ------15854 377 ------15112 601 ------15854 •41 CFR 379 ------17098 PROPOSED RULES: 3-4 ------16120 5A-1 ------16885 16 CFR ,20------15878 5A-2 ------15120 13 ------15115, 27 CFR 5A-7 ------16885 15116,15384,15385,17098,17100 5A-16------.------15126 432 ------15387 PROPOSED RULES: 5A-72------16885 1105 ------16202 4 ------16892 8-2 ------...... - 17103 8-18 ------17103 17 CFR 28 CFR 14-1 ------15273 14-3 ------.------15273 210 ------15260 ..... 15875 - 16 ------15875 14-4 ------15273 230 ------15261 14-63 240 ------15402 45 ------.------16444 ------15309 241 ------16440 PROPOSED RULES: 249 29 CFR ------15755 3-50------15141 PROPOSED RULES: 97 ------17182 102 15-1 ------16142 240 ------15145 ------15271 519 ------15117 42 CFR 18 CFR ' 522 15122 1915 ------..------15124 57 ------16473 2------16338,16441 1916 ------....------15125 101 ------16206 159 ------16338 1917 ------15125 PROPOSED RULES: 1952 ------15394 PROPOSED RULES: 35 ------15510,17111 PROPOSED RULES: 57 ...... - 16151, 17100 157 ------16487 83---.. . 11541 1602 ------16157 110------16423 19 CFR 1910 ------16896 43 CFR 4 ------15116 30 CFR 5411 ------16120 19 ------15117 71 ------17101 148 ------16343 45 CFR PROPOSED 33 CFR RULES: 118--.:-- 17104 133 ------17105 82 ------16230 121 ----- 17104 141------17105 110------15271 166 ------17104 117------16231 167 17104 20 CFR 17104 405 ------16882 36 CFR 1Tl 17104 180___ = 1nh'l 10880 PROPOSED RULES: ------187-...... 17104 404 -.------16152 PROPOSED RULES: 189 15481 405 ------15230 7 205 ...... ------16151 gnsR 16970 602------15307 212 ------16479 1601'7

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 FEDERAL REGISTER 117r71-r171

45 CFR-Continued Page 47 CFR Page 49 CFR-Continued Page 249. 16971 2 ...... 16842 573 16469 250-.- 16973 13 ------...... 15128 575...... - 16469 1450 ------15484 73------16349,16353,16467 571 ------15130, 15274, 16126 - --- 1033 ------15130, 15131, 15401, 15402 PROPOSED RULES: 89- 15129, 16843 91 ------16848 PROPOSED RULES: 103 -...... -.-.------15294 93 ------16849 16481 --- 130 ------15298 PROPOSED RULES: 173 15952 2------15315.15507,16481 172---- 16481 233. .. ------16362 16481 173- 16481 234 - - .------15232 43 ------73 ------.------15145, 16481 15317,15324,15509,16482-16484 175 ...... 16481 46 CFR 76 15327,16484 176____16481 282 ------16445 81 ...... -16481 177- -- 16481 87 ...... 16481 571------15143 PROPOSED RULES: 89------15507 50 CFR 34 ------16364 91 ------15315,15507,15509,16481 28------. 15274 76 ------16364 93 ------15507, 16481 32 15275 95 ------16364 94 ------...... ----- 16481 33__------16126, 16231,16469 146 ------16481 181 ------16364 49 CFR 280----.15131 193 ------16364 Chapter IIL..------15129 PROPOSED RULES: 502 .. . .------16486 173 ------16887 15879

FEDERAL REGISTER PAGES AND DATES--MAY Pages Date Pagcs Date 15087-15241 ------May 1 16219-16432 8 15245-15375 ------2 16433-16824--..-..... 9 15377-15741 ...... ------3 16825-17085-...... 10 15743-15983 ------...... 6 17087-17206...... - ...... 13 15985-16217 ------7

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974

MONDAY, MAY 13, 1974 WASHINGTON, D.C.

Volume 39 E Number 93 PART m !!

DEPARTMENT OF Q" LABOR Office of tte Secretary

SPECIAL FEDERAL PROGRAMS UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT

1974 Summer Program For fEconomically Disadvantaged Youth

No. 93-Pt. I1-1 17182 RULES AND REGULATIONS

Title 29-Labor ,Sec. the criteria set forth in paragraphs (b), 97.5 Notification of Intent. (c), and (d) of this section. SUBTITLE A-OFFICE OF THE SECRETARY 97,6 Application for grants; standards for OF LABOR reviewing grant applications. (b) Allocations of funds available for summer sponsors who are prospective or PART 97-SPECIAL FEDERAL PROGRAMS 97.7 Application approval and disapproval. AND' RESPONSIBILITIES UNDER THE 97.8 -Use of alternative sponsors and serv- actual prime sponsors under Title I of COMPREHENSIVE EMPLOYMENT AND ices by the Secretary. the Act shall be based on the following TRAINING ACT 97.9 Content and description of grant formula: application. (1) 1ifty percent of such funds shall Subpart A-1974 Summer Program for 97.10 Mlodification of the grant agreement; be allocated so that each sponsor receives Economically Disadvantaged Youth modification of the program plan. the same percentage of the 1074 sum- 97.11 Basic responsibilities of sponsors. Pursuant to section 602(a) of the Com- 97.12 Eligibility for participation. mer funds ,vailable under this Subpart prehensive Employment and Training 97.13 Types of manpower services available A, as it received as a percentage of the Act of 1973 (Public Law 93-203, 87 Stat. in the summer program for eco- funds available for the EOA and EA 839), which authorizes the Secretary of nomically disadvantaged youth. summer program In 1973; Labor to prescribe such rules, regula- 97.14 Participant benefits. (2) Thirty-seven and one-half percent tions, guidelines and other published in- 97.15 Sponsor review. of the funds shall be allocated based on terpretations as lie deems necessary to 97.16 Non-Federal status of participants. the ratio of the number of unemployed carry out the provisions of this Act, the 97.17 Worksite standards; safety and persons in the sponsor's area in 1973 health requirements for partici- following regulations are promulgated to pants. to the total number of unemployed per- facilitate the implementation at the 97.18 Training for lower wage industries and sons in the United States in that year; earliest possible date of the 1974 summer relocation of Industries. and program for economically disadvantaged 97.19 Sponsor contracts and subgrants. (3) Twelve and one-half percent of youth, funded under Title III, section 97.20 Cooperative relationships between the funds shall be allocated based on the 304(a), of the Act. sponsors and other manpower ratio of the number of adults in low in- These regulations shall become effec- agencies. come families in the summer sponsor's 97.21 Reporting requirements. area in 1969 to the total number of adults tive June 12, 1974. 97.22 Terminal date for 1974 summer pro- As these regulations relate to public gram- In low income families in the United property, loans, benefits or contracts, States for that year; and AvroarTy: Pub. L. 93-203, Sec. 602(a), 87 (4) No prime sponsor area shall be al- they have been excepted from the ap- Stat. 839, unless otherwise noted. plication of the notice and comments 'located less than 90 percent of the funds provisions of the Administrative Pro- § 97.1 Scope and, purpose. allocated to the area under the EOA and cedure Act, 5 U.S.C. 553 (a) (2). The EEA summer program of 1973. (a) This Subpart A contains the poli- (c) (1) The total allocation to Indian policy of the Department of Labor as cies, rules, and regulations of the De- stated In 29 CFR 2.7 is not to use this partment In implementing and admin- and native American sponsors of pro- exception as a basis for not giving op- grams funded under this Subpart shall istering the 1974 summer programs for be equal to the same percentage of the portunity for notice and comment. In economically disadvantaged y o ut h this case, In order to effect promptly the funds available for Indian and native funded under Title III, section 304(a), American sponsors under the EOA and purposes of a summer program during of the Comprehensive Employment and 1974 under the Comprehensive Employ- EEA summer program in 1973. Training Act (hereinafter referred to as (2) The allocation to each eligible In- ment and Training Act, it is contrary to the Act). the public interest to delay the issuance dian or native American organization (b) Programs funded under this Sub- shall be based upon the amount of funds of these regulations to the extent neces- part A shall be designed'by summer sary for the preparation, receipt and each Indian or native American orga- sponsors, defined In § 97.4, to provide nization received under the EOA evaluation of the comments. Accordingly, summer employment and other activi- and they are not Issued for comments prior EEA summer program in 1973. Specifi- ties and services authorized under Title cally, each Indian or native American to publication In their final form. -Iof the Act. Nevertheless, although these regula- organization shall receive the same per- (c)Subpart A should be read in con- centage of the funds available for each tions are being published In final form Junction with Parts 94 through 98 of this and are made effective June 12, 1974, it organization under this Subpart A as It subtitle. These parts, In total, comprise received as a percentage of the funds is the policy of the Department of Labor the regulations promulgated by the Sec- to solicit and consider comments on its available for all Indian and native retary pursuant to the authority In the American organizations under EOA and regulations. Accordingly, comments will Act. The provisions of Part 95, however, be received, just as though this docu- ElA summer programs in 1973. only apply to this Subpart A as indicated (d) The allocation of funds to Guam, ment were a proposal, until June 30, 1974, in specific sections of those regulations. after which the comments received will the Virgin Islands, American Samoa, The administrative provisions of Part and the Trust Territory of the Paciflo be evaluated and, if warranted, the reg- 98 shall apply to this Subpart A. ulations will be appropriately amended. Islands shall be based upon the Criterla Meanwhile, however, In the interest of § 97.2 Definitions. set forth In paragraph (c) of this expediting the program, these regula- Definitions for abbreviations and ma- section. tions shall remain in force until amended. jor terms used in this Subpart A may § 97.4 Eligibility for funds. Interested persons are Invited to sub- be found in Part 94 of this title. In Funds under this Subpart A thall be mit comments, data or .arguments to: addition: allocated by the Secretary to summer Assistant Secretary for Manpower, (a) The term "EEA" means the Emer- sponsors who may be: United States Department of Labor, 6th gency Employment Act of 1971, as (a) Prospective or actual prime spon- and D Streets, N.W, Washington, D.C. amended; sors under Title I of the Act; or 20213. Attention: Pierce A. Quinlan, As- (b) The term "EOA" means the Eco (b) Indian tribes, bands, groups, or sociate Manpower Administrator for the nomic Opportunity Act of 1964, as other Indian organizations and native Office of Manpower Development Pro- amended; and American organizations which received grams. (c) The term "Indian or native Amer- funds under the EOA and EEA summer The -new Part 97, Subpart A, which ican organization" includes Indian tribes, program in 1973. shall become effective June 12, 1974, bands, and groups, and native American § 97.5 Notification of intent. reads as follows: groups. An eligible summer sponsor desiring See. § 97.3 Allocation of funds. financial assistance for a program 97.1 Scope and purpose. under 97.2 Definitions. (a) The funds available under this this Subpart A shall, for the purpose of 97.3 Allocation of funds. Subpart A shall be allocated to summer providing its notification of intent sub- 97.4 Eligibility for funds. sponsors, defined in § 97.4, based upon mit to the appropriate ARDM (A listing

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 -RULES AND REGULATIONS 17183 of the ARDM's, and the States within (2) A statement of the goals to be service specified In 3 95.33 of this sub- each Region is contained in the FERAT accomplished; title. REGISTLR, Volume 39, No. 16, Part IV of (3) A description of the number and (b) The requirements for Work Ex- January 23, 1974), the Preapplication characteristics of the participants to be perience activities, as described in. for Federal Assistance Part I, prescribed served by (1) sex and (il) age: 14 to 15, § 9533(d) (3) (i) of this subtitle, are by OMB Circular A-102. To facilitate 16 to 17,18 to 22; amended for programs funded under this the earliest implementation of the sum- (4) A description of each program Subpart A to read as provided In para- mer youth program, an eligible summer activity and service; graph (c) of this section. sponsor should file a Preapplicaton for (5) A description of the methods to (c) Work experience. This program Federal Assistance not later than be used t , recruit, select, and determine activity Is to be designed to enhance the May 31, 1974; however, a Preapplication the eligibility of participants; future employability of youth or to infor Federal Assistance shall not be sub- (6) A description of the geographical crease the potential of youth in obtaining mitted any later than June 12, 1974, area to be served; and a planned occupational goal. unless the ARDA for good cause, per- (7) The Public Service Employment (1) Work Experience activities for mits an extension of time. Program description, as applicable, and youth include part-time work for stu- § 97.6 Application for grants and stand- described in § 95.14(b) (2) Wi)(P) of this dents attending school; short-term em- ards for reviewing grant applications. subtitle. ployment for out-of-school youth adjust- (c) The Public Service Employment ing to a work setting and in transition (a) A program shall be undertaken Occupational Summary forms shall be from school to a job setting; short-term under this Subpart A, upon execution of submitted separately for on-the-job an agreement between a summer spon- employment for recent graduates; and training, for work experience, and for short-term or part-time employment for sor and the ARDM. Upon receipt of a public service employment, as appro- veterans, institutional residents and in- Preapplication for Federal Assistance, priate, and shall be prepared as described the ARDM shall send a grant applica- mates under special work release agree- in § 95.14(b) (2) (v) of this subtitle ex- ments. In addition, it may include short- tion package to each eligible summer cept that for on-the-job training and sponsor- The grant application shall be term employment while a training or for work experience activities the com- Job opportunity is being developed. Work submitted to the ARDM not later than parison of wages shall not be included. June 15,1974, unless the ARDM, for good E Perlence activities in the private for- cause, permits an extension of time. § 97.10 Modification of the grant agree- prdfit sector shall be prohibited. (b) Each grant application shall be mnent; modification of the program (2Y Program outcomes for work ex- reviewed by the appropriate ARDM using plan. perience participants include () return the standards described in § 95.17 of this Ca) A summer sponsor desiring a to school; (II) enrollment In post sec- subtitle. modification to an existing grant agree- ondary education; (iii) enlistment in the ment shall follow the procedure described military services; (iv) enrollment in a § 97.7 Application approval and disap- in § 95.21 of this subtitle. manpower training activity; and (v) proval. (b) A summer sponsor desiring a placement in subsidized or unsubsidized Each grant application shall be ap- major modification as defined In § 95.22 employment. proved or disapproved under the pro- (b) of this subtitle shall submit a revised § 97.14 Participant benefits. visions and conditions described in project operating plan and a narrative § 95.18 of this subtitle. explanation of the proposed changes to (a) Participants in classroom training In programs funded under this Subpart § 97.8 Use of alternative sponsors and the ARDAL. The ARDM shall notify the A shall receive allowances and other services by the Secretary. sponsor of final approval or tentative disapproval within 10 days of receipt of the benefits as described In § 95.33(d) (1) (iii) If- a.grant application is not filed, or proposed modification. An appeal of such of this subtitle. L denied, or terminated, the Secretary determination may be obtained through (b) Participants In on-the-job train- may make provision for the use of an the procedures set out in Part 98 of this ing in programs funded under this Sub- alternative sponsor, or provide services subtitle. part A shall receive wages and other himself, as described in § 95.20 of this (c) A summer sponsor shall follow the benefits as described in § 95.33(d) (2) (iv) subtitle. procedure described in § 95.22(c) of this of this subtitle. § 97.9 Content and description of grant subtitle in making a minor modification (c) Participants in transitional public application. to programs funded under this Subpart service employment activities in pro- A. However, a sponsor shall show such grams funded under this Subpart A shall (a) The content of an application for receive wages and benefits as described programns funded under this Subpart modifications on the end of summer A shall be identical to the content of an progress report. In § 95.33(d) (3) (ii) of this subtitle. (d) An ARDIM may require a modifica- (d) Each participant in a work ex- application for Title I programs, as set tion as described forth in § 95.14(b) of this subtitle, ex- in § 95.22(d) of this perience activity shall receive wages at cept that: subtitle. a rate of pay commensurate with such (1) The Program Narrative Descrip- § 97.11 Basic responsibilities of spon- factors as the types of work performed, sors. the geographical region of the program, tion for programs under this Subpart and the skill proficiency of the partici- A shall be in accordance with the re- A sponsor of a program funded under pant, provided that no participant's quirements of paragraph (b) of this sec- this Subpart A shall be responsible for hourly rate of pay shall be less of which- tion, rather than in accordance with the the compliances and provisions described ever Is the highest of the minimum wage requirements of § 95.14(b) (2) (1) of this in § 95.31 of this subtitle. prescribed for simlar employment by subtitle. § 97.12 Eligibility for participation. State or local law or an hourly wage of (2) The Program Transition Sched- $2.00 an hour. However, wages in the ule, set forth in § 95.14(b) (2) (ii) of this Each participant in a program funded Commonwealth of Puerto Rico, the s6:btitle shall be deleted; and under this Subpart A shall be at time Virgin Islands, Guam, American Samoa, (3) The Public Service Employment of enrollment: and the Trust Territory of the Pacific Occupational Summary shall be pre- (a) Economically disadvantaged, as Islands shall be consistent with appli- pared as provided in paragraph (c) of defined in § 94.4; and cable provisions of the Fair Labor Stand- this section, rather than as set forth (b) A youth, 14 years of age through ards Act of 1938, as amended. . 22 years of age. in § 95.14(b) (2) (iv) of this subtitle. (e) Participants in work experience (b) The Program Narrative Descrip- § 97.13 Types of manpower services activities shall be provided workmen's tion shall consist of: available in ie summer program for compensation and, as appropriate, other (1) A policy statement on the pur- economically disadvantaged youth. manpower services. pose of the program funded under this (a) A program funded under this MOParticipants in work experience Subpart A; Subpart A may include any activity or activities at Federal worksites shall be

FEDERAL REGISTER, VOL 39, NO. 93--MONDAY, MAY 13, 1974 17184 RULES AND REGULATIONS provided coverage by the Federal Em- scribed by the provisions of § 95.38 of mer sponsor's statement of accomplish- ployees Compensation Act. this subtitle. ments and co:sts Incurred and contains a § 97.15 Sponsor review. (e) No participant shall be compen- certification of the correctness of the sated for more than 40 hours per week. Items reported. The End-of-Summer Re- Each sponsor of a program funded port w11 be submitted not later than 30 under this Subpart A shall establish a § 97.18 Training for lower wage indus- days after the termination of the pro- procedure as described in § 95.37 of this tries and relocation of industries. gram, but in no case later than Octo- subtitle for resolving any issue arising No participant may be enrolled in any ber 15, 1974. between it and a participant in a pro- activity or service provided by a program (c) The Summary of Client Character- gram funded under this Subpart A. funded under this Subpart A in any istics Report shall contain aggregate § 97.16 Non-Federal status for partici- lower wage industry job as described by characteristics data on all participants pants. the provisions of § 95.40 of this subtitle. in programs funded under this Subpart Participants in a program funded § 97.19 Sponsor contracts and subgrants. A. (This report is the Quarterly Sum- under this Subpart A shall not be deemed mary of Client Characteristics Report A sponsor of a program funded under regularly submitted by a sponsor of a Federal employees as provided for in this Subpart A may enter into contracts § 95.38 of.this subtitle. Title I funded program, but labelled spe- or subgrants under the provisions de- cifically for the Summer Program for § 97.17 Worksite standards; safety and scribed in § 95.41 of this subtitle. Economically Disadvantaged Youth.) health requirements for participants. §97.20 Cooperative relationships be- The summary is to be submitted to the (a) The placement of participants on tween sponsors and other manpower ARDM with the End-of-Summer Prog- a Federal worksite for work experience agencies. ress Report appropriately marked, activities does not constitute Federal em- "Summer Program for Economically Dis- Each sponsor shall, ployment, except to the extent feasi- advantaged Youth." The information for for purposes of the ble, establish cooperative Federal Employees Compensation Act relationships age characteristics on line 04 of the Sum- or linkages with other manpower and and the Federal Tort Claims Act. mary of Client Characteristics Report manpower-related agencies as described shall be broken out on the back of the (b) No participant under 18 years of in § 95.42 of this subtitle. age will be employed in 'any occupation report by the following age groups: which the Secrbtary has found, pursuant § 97.21 Reporting requirements. (1) 14-15 years; to his authority under the Fair Labor (2) 16-17 years; and (a) Each summer sponsor shall sub- (3) 18-21 years. Standards Act, to be particularly haz- mit two reports to the ARDM: an End- ardous for persons between 16 and 18 of-Summer Progress Report, and a Sum- § 97.22 Terminal date for 1974 siuminr years of age (see subpart E of Part 570, mary of Client Characteristics Report. program. of this title). (b) The End-of-Summer Progress Re- No program under this Subpart A shall (c) Participants who are 14 and 15 port (The Quarterly Progress Report continue beyond October 1, 1974. years of age -vill participate only in ac- Form generally used by a sponsor of a Signed at Washington, D.C., this 7th cordance with the limitations imposed by comprehensive manpower program, but Sections 31-35 of Subpart C of Part 570, labelled by the project sponsor as End- day of May, 1974. of this title. of-Summer Progress Report) will be PETER J. BRENNAnT, (d) Participants shall be provided safe used to summarize the accomplishments Secretaryof Labor. and healthful working conditions as de- of the program. It constitutes the sum- [FR Doc.74-10891 Filed 5-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 MONDAY, MAY 13, 1974 WASHINGTON, D.C.

Volume 39 K Number 93

PART III

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Low Rent Public Housing

SECTION 23 HOUSING ASSISTANCE PAYMENTS PROGRAM-EXISTING HOUSING

Io. 93--pt. M -1 17186 RULES AND REGULATIONS

Title 24-Housing and Urban Development § 1274.103(c) and section 1.2(b) of the 10. A new § 1274.201(b) has been CHAPTER VIl-LOW RENT PUBLIC HOUS- Housing Assistance Payments Contract added to provide for a preapplication ING, DEPARTMENT OF HOUSING AND (Contract), Appendix IX, have been conference between the LHA and HUD URBAN DEVELOPMENT modified to require that the owner, in so that HUD may assist the LIrA in the [Docket No. R-74-247] order to receive such payments must, preparation of Its application. among other things, take all feasible 11. § 1274.204(b), which sets forth the PART 1274-SECTION 23 HOUSING AS- action to fill the vacancy immediately requirements relating to the expeditious SISTANCE PAYMENTS PROGRAM-EX- upon learning of it. ISTING leasing of units under the program, has HOUSING 4. § 1274:103(g) respecting responsi- been modified so that the failure of the Notice was given on January 22, 1974 bilities of the owner, has been modified LHA to demonstrate a good faith effort at 39 FR 2550 that the Department of so that an owner may contract with the to adhere to it leasing schedule will be Housing and Urban Development was LHA for the management, maintenance considered a basis for reduction of units proposing to amend Title 24 of the Code or operation of units leased or to be, by HUD. of Federal Regulations by adding a new leased by eligible families, for a pre- 12. The procedures for certificatiou Part 1274 to Chapter VIIL scribed fee provided that: (1) it is deter- of family eligibility and LI-A approval The purpose of Part 1274 is to set forth mined by the HUD field office director of leases and units have been clarified the essential elements of the Section 23 that such services are not otherwise in new H§1274.205 (e), (f) and (g) and Housing Assistance Payments Program- available in the locality and (2) such in a new form of Certificate of Family Existing Housing including, among other contract shall not shift to the LHA any Participation and Lease Approval, Ap- things, the roles and responsibilities of of the owner's responsibilities or obliga- pendix V. The new three-part form In- the Department, the local housing au- tions. cludes: Part I, Certificate of Family thority (LHA), the owner, and the eli- 5. Section 1274.103(h), respecting the Participation, which replaces the Cer- gible low-income family; the steps in responsibilities of- the LHA, has been tificate of Family Eligibility and revises, applying for the, Section 23 Existing modified to require (rather than merely among other things, the effective period Housing Program; the basis for deter- permit) the LHA to provide advice and of the Certificate to 60 days from the mining the amount of housing assistance guidance to eligible families in finding date of Issuance; Part II, Request for payments; and the prescribed form of suitable housing, including families ex- Lease Approval, which replaces the Own- contracts and other documents. periencing discrimination. The modified er's Offer to Lease Dwelling Unit and The Department has received more provision requires that such advice and which is'signed by the family and the than 170 responses to the January 22, guidance be provided in a manner affirm- owner; and Part III, the Authority De- 1974 publication. All of these comments atively to further the policies of the termination, in which the LHA indicates were seriously considered and many applicable Civil Rights legislation and whether the proposed lease and unit are changes have been ncorporated in these Executive Orders. approved or disapproved and, If disap- regulations as a result. The principal 6. The procedures with respect to the proved, whether the owner and the fam- changes are set forth below. - payment by the LHA of security de- ily may resubmit the Request to the The subject of the greatest number of posits on behalf of eligible families, as LHA after the specified defects are comments was the priority to be given to set forth in § 1274.103(j), have been corrected. applications limiting assistance to 20 clarified and a prescribed form of Secu- percent of the units in a multifamily rity Deposit Agreement, Appendix Xr, 13. In accordance with the require- structure or complex. Accordingly, the has been provided which sets forth, ments of the Lead Based Paint Poison- changes with respect to this subject are among other things, the terms of and ing Prevention Act (as amended), 42 discussed first. The remaining principal procedures for repayment to the L.HA. U.S.C. 4801, a new § 1274.205(e) (4) (i1i) changes are discussed generally in the 7. The provisions respecting relocation requires that each participating low- order in which they appear in the have been modified so that, pursuant to income family be given, at the time it regulations. § 1274.103(l) and Section 1.7b of the Is given its Certificate of Family Partici- 1. § 1274.103(k) (2), which sets forth Contract, the owner of a unit occupied by pation and Lease Ap'proval form, infor- the priority for LHA applications limit- other than the eligible family will not be mation concerning the hazards of lead ing assistance to 20 percent of the units required to -undertake liability for and based paint poisoning. in a single multifamily structure or com- provide for the funding of all relocation 14. The provisions regarding LHA In- plex of five or more units has been costs if other commitments, satisfactory spection of units have been clarified modified so that applications for pro- to HUD, have been made for the funding so that: (1) pursuant to § 1274.205(g) grams (a) solely for the elderly, or handi- of such costs. (3), the LHA must maintain an Inspec- capped or (b) of 25 or fewer units shall 8. Pursuant to § 1274.104 and Part I tion report for each Inspection or rein- be considered without regard to the of the ACC, as modified, in the event an spection of each unit prior to lease ap- priority. Also, the procedures relating to LHA, which has an ACC for existing proval and (2) pursuant to § 1274.200, the application of the 20 percent priority units under these regulations, is ap- the LHA must inspect units under lease In the selection of applications have been proved for additional units, such addi- whenever the IRA has Information, as set forth In a new § 1274.203(b). tional units will be incorporated into a a result of family complaints or other- 2. The revised regulations now pro- revised Part I of the ACC. This revised wise, to the effect that the unit Is not vide, pursuant to a new § 1274.103 (b) (2) Part I will cover the LHA's entire exist- being maintained In accordance with and a new section 1.3 (c) of Part I of the ing housing program under these regula- the Contract. These inspections are re- Annual Contributions Contract (ACC), tions and will be for a term of four years quired in addition to the periodic Inspec- Appendix IV, for the establishment of an from the new date of execution. tions. account to which may be credited 9. A new § 1272.105 and a new § 1.7 15. The provisions respecting the con- amounts determined by HUD to be nec- of Part I of the ACC have been added tents of the owner-family lease have essary to assure that the low-rent char- which set forth the procedures for the been modified so that pursuant to a new acter of the project will be maintained. submission by the LHA to HUD oftthe § 1274.205(g) (5) (iW), certain specified Amounts may be paid out of this account, prescribed forms of (1) an Initial Esti- types of lease clauses are prohibited and as approved by HUD, during the term of mate of Required Annual Contributions pursuant to Section 1.6 of the Contract the ACC for increases reflected in the (Preliminary Costs), and (2) Annual and a revised form of Lease Provision annual estimates of required annual con- Estimates of Required Annual Contribu- Required for Participation In the Hous- tributions as approved by HUD. tions. These forms cover the estimated Ing Assistance Payments Program, Ap- 3. The provisions permitting the con- amounts for the costs of non-expend- pendix VI: (1) certain required lease tinuation of housing assistance payments .able equipment, administration, security provisions have been modified or de- with respect to a unit vacated by an eli- and utility deposits and housing assist- leted in the interest of simplification and gible family in violation of Its lease, ance payments. clarity and (2) the lease must specify all

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17187 services and maintenance to be pro- references correspond to Handbook any contract between a Local Housing vided by the owner. The latter must in- paragraphs 1-1 and 2-1, respectively. Authority (LHA) and an owner for the clude the items contained in the Guide The Assistant Secretary for Housing subsequent leasing or the making of for Lease Provisions for Maintenance "Production and Mortgage Credlt--FHA housing assistance payments for occu- and Security Services f6rm, Attachment Commissioner has determined that the pancy by eligible low-income families. to Appendix VI, except where modifica- public interest would best be served by "Existing housing" may include housing tions are approved by the LHA for items making these regulations effective im- which requires minor repairs, improve- which are not customarily supplied to mediately to avoid unnecessary delay in ments or rehabilitation to put it into de- tenants of this type of housing in the its implementation. Therefore, the As- cent, safe, and sanitary condition, pro- locality. sistant Secretary finds that good cause vided that such work is performed prior 16. A new § 1274.205(g) (1) provides exists for making these regulations effec- to the execution of a Housing Assistance that LHAs shall not approve owners or tive on May 13,1974. Payments Contract and without execu- -managers who are listed as being dis- Accordingly, Title 24 is amended as tion of any contract as described above. approved for participation in HUD pro- follows: c) The policies and procedures con- grams. tained herein shall apply to all section 17. § 1274.205(i) and sections 1.5 and A new Part 1274, entitled "Section 23 projects for existing housing placed 1.6 (required lease provisions) of the 23 Housing Assistance Payments Pro- under Annual Contributions Contract Contract which relate to eviction, have gram-Existing Housing," is added to after the effective date of this Part. With been modified so that: (1) The owner Chapter VIII to read as set forth here- respect to projects placed under Annual may not evict the family unless the inafter. Contributions Contracts prior to the ef- owner complies with the requirements of Subpart A-Applicabillty,Policies Scope, and Basic fective date of this part, these policies local law, the lease and the Contract and procedures may be applied if the eviction provision; (2) the owner must Sec. LEA and owners of units under lease 1274.101 ApplicabUlity and scope. notify the family (copy to TLEA)of the 1274.102 Definitions. agree to do so. proposed eviction, stating the -grounds 1274.103 BasI policies. (d) This part (1) covers policies and and advising the family that it has 10 1274.104 Separate project requirements. procedures relating to the roles and re- days (from receipt of notice ) to respond 1274.105 Submission of estimates of responsibilities of EU]), the LEA, and the to the owner and/or present objections quired annual contributions. owner and the application and leasing to the IEA (in writing or in person); Subpart B-Project Development and Operation processes and (2) contains contracts, (3) leases, and other documents. the LEA shall authorize the eviction 1274.201 Preapplication. unless the grounds are insufficient under 1274.202 L.A submission otapplication. § 1274.102 Definitions. the lease; and (4) the LEA shall notify 1274.203 HUD review and approval of appli- the owner and the family of its deter- cation. (a) Decent, sale, and sanitaryhousing. mination within 20 days of the date no- 1274.204 Annual contributions contract For the purposes of this program, hous- tice is received by the family. o (ACC). Ing is considered to be decent, safe, and 18. A new § 1274.207 provides for HUD 1274.205 Leasing from owners. sanitary if a certificate of occupancy or review of LTA operations when30 per- 1274.206 Periodic inspection. other similar certification, f required by cent of the units under Part I of the 1274.207 HUD review of LHA program law, has been issued by the authorized activities. governmental official, and if the follow- ACC have been leased. 1274.208 LEA reporting requirements. IRe- 19. The Housing Assistance Payments served] ing minimum standards are met: Contract has been simplified, modified (1) The housing has been determined and reorganized so that, among other Appendices by the LEA to be decent, safe, and sani- things: (1) the Contract is divided into [Appendices I, r, Hr, VII, VIII and X. which tary within the meaning of the U.S. two parts; (2) the Contract will termi- relate to internal HUD processing procedures, Housing Act based upon all pertinent are not included herein, but do appear In the factors, including, but not limited to, the nate pursuant to a revised Section 1.4, HUD Existing Housing Handbook] upon expiration *or termination of the following: IV. Annual Contributions Contract (i) The condition of the exterior and lease; and (3) LEA determinations con- V. Certificate of Family Eligibility and cerning default by the owner (§ 2.5) and Lease Approval interior of the structure and the housing assignments of the Contract (§ 2.10) no V. Lease Provisions Required for Participa- unit; longer require HUD approval. tion In the Housing Amistance Pay- (if) Adequacy and operating condition 20. The requirements and procedures ments Program of sanitary facilities, which must be pri- respecting Equal Opportunity have been Attachment: Guide for Lease Provisions vate, and adequacy of solid and liquid for fantenance and Security Serv- waste disposal facilities; clarified and strengthened so that, Ices-Existing Housing among other things: (1)The responsi- IX. Housing Assistance Payments Contract (iI) Adequacy and operatizig condi- bilities of the LEA with respect to its .IM Security Deposit Agreement tion of kitchen facilities, which must (a) HUD-approved Affirmative Fair Hous- Aurnoarr: Sec. 7(d), Department of contain a range and refrigerator (except ing Marketing Plan have been clarified Housing and Urban Development Act (42 in localities where it is normal practice in a new § 1274.205(d); (2) the LHA is U.S.C. 3535(d)); ec. 10(b) of the U. S. Hous- that tenants provide these Items), a sink, required to advise minority families that Ing Act of 1937 (42 U.S.C. 1410(b)); sec. 23 space for storage of food and for storage they are free to seek housing in non- of the U.. Housing Act of 1937 (42 U.S.C. of utensils and dishes, and (b) be private minority areas pursuant to a new 1421(b)). exdept where authorized as congregate § 1274.205(f) (1); and (3) the owner and Subpart A-Applicability, Scope, and Basic housing meeting HUD requirements for the LETA are required to cooperate in Policies such housing; compliance reviews and complaint inves- (iv) Adequacy and operating condition tigations undertaken by the Government § 1274.101 Applicability and scope. of heating, lighting and ventilating pursuant to Section 2.11 of the ACC and (a) The policies and procedures con- equipment and/or facilities; Section 2.2 of the Contract. tained herein are applicable to the mak- (v) Size, number of rooms, and fur- 21. The numbering scheme of the reg- ing of housing assistance payments on nishability to- accommodate adequately ulations has been modified slightly In behalf of eligible low-income families the size and type of family to be housed. order to conform, to the extent possible, leasing privately owned, existing, decent, (2) The owner shall provide either (i) referencing in these regulations to that safe, and sanitary housing pursuant to a certification from the authorized local utilized in the corresponding HUD Sec- the provisions of section 23 of the U.S. government official or a qualified labora- tion 23 Existing Housing Handbook. Housing Act of 1937. tory that exposed interior and exterior Under the revised numbering, the Initial Cb) For purposes of this part, "exist- surfaces are free of lead based paint haz- section in Subpart A is designated Ing housing" means housing whose origi- ards, or (ii) a certification by the owner § 1272.101. and the Initial section in Sub- nal construction and/or rehabilitation that those surfaces have been adequately part B is designated as 1274.201. These was completed without the execution of treated or covered, all in accordance with

FEDERAL REGISTIER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17188 RULES AND REGULATIONS the applicable HUD regulations issued ble and stating the terms and conditions payments with respect to such unit In pursuant to the Lead Based Paint Poison- of such eligibility. (SeeAppendix-7.) accordance with the terms of the Con- ing Prevention Act, 42 U.S.C. 4801. W1)Lease. An LEA-approved written tract, not beyond the term of the lease, (3) The site shall not be subject to agreement between-a private owner and but only if the owner (i) immediately serious, adverse environmental condi- an eligible family for the leasing of an upon learning of the vacancy, has taken tions, natural or manmade, such as in- existing, decent, safe, and sanitary dwell- all feasible action to fill it, including, but stability, flooding, septic tank backups, ing unit. The lease shall contain the re- not limited to, contacting families on his sewage hazards, or mudslides; abnormal quired provisions specified in the Con- waiting list, requesting the L-A to refer air pollution, smoke or dust; excessive tract. eligible families, and advertising the availability of the unit, (ii) has promptly noise, vibration or vehicular traffic; § 1274.103 Basic policies. rodent or vermin infestation; or fire (within 30 days of the date the family hazards. The neighborhood shall not be (a) "Finders-keepers" policy. Eligible vacated the umit) notified the IRA of seriously detrimental to family life, and families shall be responsible for finding the vacancy and the reasons for the va- substandard dwellings or other undesir- decent, safe, and sanitary units on the cancy, and (i1) has not rejected, except able elements should not predominate private market so as to maximize choice. for good cause acceptable to the LEA, unless there is actively in progress a con- LHAs may Provide assistance In finding any substitute family provided by the certed program to upgrade the neighbor- units to those families who, for age, LEA. hood. handicap, discrimination, or other rea- (d) Eligible agencies. (1) All legally (b) Fair market rent and gross rent. sons, are unable to locate suitable units. constituted LHAs created pursuant to Fair market rent is the gross. rent (in- An LHA may provide housing assistance State housing authorities laws are eli- cluding utilities, ranges and refrigerators, payments to an eligible family already gible to participate In this program, In and all maintenance and management leasing decent, safe, and sanitary hous- addition, under the terms of the U.S. services) for dwelling -units of varying ing, provided it has been issued a Certifi- Housing Act, a "public housing agency" size (number of bedrooms), which, as cate of Family Participation in accord- may include any State, county, munici- determined at least annually by HUD, ance with the policies and procedures of pality or other governmental entity or would be required to be paid in each the LEA and a completed Request for public body which Is authorized by State housing market area in order to obtain Lease Approval (Part. II of Appendix V) law to engage in the development or ad- privately owned, existing, decent, safe, has been submitted to the LHA. ministration of low-income housing or and sanitary housing of modest (non- (b) Annual contributions. (1) The slum clearance and may, therefore, be luxury) nature. Gross rent includes all maximum annual contribution that may eligible to participate In this program, utilities (except telephone) whether or be contracted" for in the Annual Contri- The abbreviations "LEA" or "LHAS" as not paid directly to the utility company butions Contract for a project shall be: used herein Include any governmental by the family. (1) The total of the applicable fair mar- entity or public body as described in this (c) Gross family contribution. The ket rents for all the units in the project paragraph. portion of the rent to owner payable by a plus (2) an allowance for the cost of ad- (2) L-As may, by agreement, cooper- family plus the utility allowance estab- ministration. The allowance for the pre- ate with each'other in carrying out their lished by the LHA for any utilities (ex- liminary costs of administration and an respective functions, and State laws typ- cept telephone) payable directly by the amount for security and utility deposits ically provide that a locality which has family. In no event shall the gross family (see § 1274.103(j)) shall be payable out no LHA can Invite another LHA within contribution exceed one-fourth of the of this total. the State to function within Its borders. family's adjusted income as defined by (2) A project account, which shall it (3) In addition to the few States that HUD. no time exceed an amount equal to 10 have created statewide tEAs many more or agencies au- (d) Utility allowance. An amount, de- percent of the maximum annual contri- have State departments and ur- termined by the LEA and approved by bution, may be established and main- thorized to administer housing HTJD as an allowance for the cost of tained out of amounts by which the ban development legislation which quali- tenant-purchased utilities, which is de- maximum annual contributions for any fies them as public housing agencies ducted from the fair market rent for pur- years are not otherwise payable in such under the U.S. Housing Act and author- function or poses of determining the rent to owner years. This account shall be established izes them to carry out this and'is included in the gross family con- and maintained by the LEA or by HUD, to act through LETAs or other entities. trIbution. as deiermined by HUD, as a specifically (e) Local governing body approval. identified and segregated account, and HUD cannot approve an application for Annual contributions contract (e) payment shall be made therefrom, as ap- a Section 23 program unless the govern- (ACC). A written agreement between proved by HUD, only for the following ing body of the locality In which the HUD and an LHA to provide annual con- units are to be assisted has, by resolution, tributions to the IMA for participation purposes: (i) increases in housing assistance approved the application of the provi- in the Housing Assistance Payments Pro- payments; sions of Section 23 to such locality. Once gram. (See Appendix IV.) - (ii) increases in the allowance for LHA such a resolution has been enacted, it (f) Housing assistance payments con- administrative expenses; may satisfy this approval requirement tract ("Contract"). A written Contract (iII) increases in fund requirements for all subsequent Section 23 projects. between an LEA and an owner for the for, security and utility deposits-; and The terms of the resolution as enacted purpose of providing housing assistance (iv) other expenditures specifically au- must be examined by the LEA and HUD payments on behalf of eligible families. thorized or approved by the Secretary. to determine whether It contains any re- (See Appendix IX.) strictive language (e.g., limits the num- (g) Eligible families. Those families Any balance in this account after pay- ber of dwelling units or limits the pro- determined by the LHA to meet the re- ment of the last annual contribution for gram to locations which would have the quirements for admission into housing the project shall be paid to HUD. effect of denying equal housing oppor- assisted hereunder. Families shall not be (c) Housing assistance payments. (1) tunities) which would require that a new eligible for housing assistance payments The housing assistance payments will resolution be passed to enable HUD to when the LHA determines that 25 per- pay the owner the difference between the approve the proposed program, cent of adjusted family income (as de- rent chargeable by the owner and that (f) Types o1 housing. (1) Any typo fined by HUD) equals or exceeds the portion of said rent payable by the fain- of existing housing which Is In or may bo gross rent for the unit leased. The in- ily. put into decent, safe, and sanitary con- eligibility of such families for housing (2) Housing assistance payments shall dition may be utilized. Such housing may assistance payments shall not affect the be paid to owners only for those units include detached or semidetached family's other rights under its lease. under lease by eligible families. If a fain- dwellings, row-houses, mobile homes, or (h) Certificate of family participation. fly vacates its unit in violation of the units in walk-up apartment buildings. The certificate issued by an LEA to an provisions of its lease, the owner may Units in high-rise elevator buildings may applicant family declaring it to be eligi- continue to receive housing assistance not be used for families with children

. _'V-"MALREGIS.ErT, VOL. 39, NO. 93-iMONDAY, f.AV 13, 1974 RULES AND REGULATIONS 17189 unless HUD, in approving an LHA appli- of Family Participation to eligible fami- (kl Limitation on number of units in cation, determines that there is no prac- lies; prompt notification of families de- single structure. (1) Section 23(c) of the tical alternative. Congregate or single- termined ineligible; approval of Re- U.S. Housing Act provides that no more room occupancy (SRO) housing may be quests for Lease Approval; execution than ten percent of the units in any sin- used for occupancy by elderly, handi- of Housing Assistance Payments Con- gle structure shall be assisted unless the capped, or displaced families and indi- tracts; making housing assistance pay- LEA, because of the limited number of viduals. (See the appropriate HUD re- ments on behalf of eligible families; units in the structure or for any other quirements for guidelines and standards reexamination of family eligibility as reazon, determines that such limit should applicable to congregate and SRO hous- prescribed by HUD regulations; in- not be applied. Where the LEA. deter- ing.) spections prior to leasing and at least mines that the ten percent limitation (2 Existing FHA Insured, FmHA in- annually to determine that the units are should not be applied, a record of its sured or direct loan, and VA guaranteed maintained in decent, safe, and sanitary determination shall be maintained in properties may also be utilized; however, condition (failure to do so shall consti- the LHA's permanent file, and the LHA the aggregate number of units in any tute a Substantial Default by the LEA shall notify HUD of its action. Section 221(d) (3) below market inter- under the Annual Contributions Con- (2) However, In approving applications est rate (BMIR, Section 202, or Section tract); authorization of eviction; and for assIstance HUD will give priority to 236 project that can be made available compliance with equal opportunity re- those applications which would provide to families assisted through the rent sup- quirements. The LHA shall provide ad- for housing assistance for 20 percent or plement and/or Section 23 programs will vice and guidance to eligible families in less of the units in a single multifamily be limited to 40 percent of the total un- finding suitable housing, including advice structure or complex of five or more less written approval of HUD is obtained and guidance to families experiencing dwelling units. However, applications for covering specific projects, on an excep- discrimination, in a manner airmatively (D programs solely for the elderly or tion basis, which involve: (i) the need to further the policies of Title VI of the handicapped or (ii) programs of 25 or to provide housing to persons displaced Civil Rights Act of 1964, Title V3 of the fewer units shall be considered for ap- by urban renewal or other governmental Civil Rights Act of 1968, and Executive Proval vthout regard to such priority. action, or by natural events such as fire Order 11063. or or (1) Relocation requirements. No LEA flood, (ii) vacancies of extended (I) Responsibiliti s of the family. A shall approve a lease for any unit which duration which are needed for immedi- family receiving housing assistance under is occupied unless (1) the occupant will ate occupancy by the local authority. this program shall be responsible for ful- continue The housing to reside In the same unit under assistance payment shall be filling all Its obligations under both its the L 's Section 23 existing housing the amount by which the rent paid by lease with the owner and the Certificate the- eligible Program or (2) the owner voluntarily family is less than the basic of Family Participation Issued to it by undertakes liability for and provides for or fully subsidized rent for the unit in- the LHA, the volved. In no event may funding of all relocation costs (see a dwelling unit (j) Security and utility deposits. Gen- Section 1.7 of the Contract) or (3) other or the occupants thereof receive both erally, families shall be expected to ob- rent supplement and Section commitments, satisfactory to HUD, have 23 housing tain the funds to pay security deposit- been made for the funding of such costs. assistance. (not to exceed one month's total rent to (m) EquaZ opportunity requirements. (g) Responsibilities of the owner. The owner) and/or utility deposits, If re- Participation in the Section 23 Housing owner shall be responsible for the man- quired, from their own and/or other pri- Assistance Payments Program-Existing agement, maintenance and operation of vate or public sources. In hardship cases the dwelling unit. These Housing requires compliance by all par- responsibilities where families are unable to obtain funds ticipants with (1) Title VI of the Civil shall include, but not be limited to, the to pay the required amounts, the LEA Rights Act of 1964, Title payment of utilities (unless paid directly VMI of the Civil may pay on behalf of the families the Rights Act of 1968; and Executive Order by the family), insurance and taxes; per- necessary deposits (except telephone). 11063, and formance of all ordinary (2) all rulis, regulations, and and extraordi- In order to be eligible for such assistance requirements Issued pursuant thereto. nary maintenance; performance of all by an LHA, families shall be required management functions including the se- to pay, as a first installment towards re- 1274.104 Separate project require- lection of families (with the exception of payment of the funds advanced by the ments. determination and verification of eligi- LHA an amount at least equal to the All of the existing housing units ad- bility for the particular dwelling unit in- lesser of: one-twelfth of the total re- ministered by an TEA under the Hous- volved, which shall be the function of quired security and/or utility deposits, Ing Assistance Payments Program shall the LHA); collection of rents; 'risk of or one month's gross family contribution constitute a single project and be as- loss from vacancies and nonpayment of (see § 1274.102(c)). The IXA will then signed a single project number. In the rent by tenant families; preparation and Pay the full amounts required to owners event that an LEA applies for additional furnishing of information required by and/or utility companies. The amounts existing housing units, the units, if ap- the TLA under the Contract; and com- advanced by the LEA from Its funds proved, shall be incorporated into a re- pliance with equal opportunity require- shall be recovered from the families by vised Part I of the ACC which shall cover ments. The LEA shall not provide man- the LEA generally over a one-year pe- the L A's entire Housing Assistance agement, maintenance or operation riod. Recovery shall be accomplished by Payments Program for existing housing. services except where it is determined by adding to the family's monthly rent pay- The revised Part I shall be for a term the HUD field office director that such ment to owner an appropriate additional of four Years from the date of execution services are not otherwise available in amount specified in the Security Deposit of the revised ACC Part I. The maximum the locality. An owner may contract with Agreement, shown as Appendix xr, annual contribution for the revised the TLEA for the management, mainte- which slall be remitted to the LHA with project shall be the sum of (a) the nance, or operation of units leased or to the owner's monthly request for hous- maximum annual contribution for the be leased by eligible families under a con- ing assistance payments on the pre- project prior to the revision plus (b) tract, for a prescribed fee, provided that scribed forms. Failure on the part of the amount approved for the additional such contract sball not shift to the LEA the family to pay such amounts shall not units which shall be computed on the any of the owner's responsibilities or ob- affect the amount of housing assistance basis of the current fair market rents_ ligations. Any such contract shall be payments otherwise payable. The approved by HUD. amounts remitted § 1274.105 Submission of estimates of to the LHA may be required (h) Responsibilities of the LHA. The retained by the LEA in a separate fund, annual contributions. LHA shall be responsible for review of in accordance with appropriate HUD ac- (a) Initial submission. An. allowance applications submitted by families to de- counting procedures, for future pay- may be provided for preliminary costs termine eligibility for assistance; deter- ments of security and/or utility deposits incurred by the LEA. prior to the be- mination of amounts .of housing assist- as needed, or otherwise applied in accord- ginning of the first fiscal year. When ance payments; issuance of Certiflcatte ance with those procedures. the Annual Contributions Contract is

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17190 RULES AND REGULATIONS executed, the LHA shall submit an of the number, size (number of bed- to determine that: There is need for Initial Estimate of Required Annual rooms), condition, structure type, and assistance for the number of units ap- Contributions (Preliminary Costs) and rents of units which may be available; plied for; the estimates of the cost of ad- an Annual Estimate of Required An- (ii) Document the need for housing ministration and utility allowance are nual Contributions on the prescribed assistance in terms of family incomes, realistic and allowable by HUD; the an- forms. These forms cover the estimated housing conditions, and rent to income ticipated average gross family contribu- amounts for the costs of nonexpendable, ratios; tion is realistic; there Is no practical equipment, administration, security and (l) Indicate the number of units, by alternative to utilization of units in high- utility deposits, and housing assistance unit size (number of bedrooms), which rise elevator buildings for families with payments. are to be leased by eligible families, in- children, if applicable; and the LIA Is (b) Subsequent fiscal year submissions. cluding a separate indication of the num- in compliance with all Equal Opportu- Not earlier than 150 and not later than ber of units to be leased by elderly nity requirements. If deemed appropri- 90 days prior to the beginning of each families; ate, HU shall mal:e adjustments In size subsequent fiscal year, the LHA shall (iv) Include an estimate of the cost of program, bedroom distribution, the submit an Annual Estimate of Required of administration attributable to the allowance for the cost of administration, Annual. Contributions, with supporting proposed program, and P)rovide a basis or family contributions. Such adjust- documentation for any requested for such estimate; ments shall be accepted by the LHA In changes in the amount of housing as- (v) Provide. estimates of the average order to receive application approval. sistance payments or the allowance for gross family contribution to be paid by Where the LHA Is found to be in non- the cost of administration. families (not to exceed 25 percent of compliance with any Equal Opportunity estimated adjusted family income as de- requirements, appropriate action to ef- (c) Revisions of estimates. Any of the fined by HUD) and of utility allowances fectuate compliance shall be taken. above Estimates may be revised to re- for tenant purchased utilities; (b) Selection of applications for ap- flect changes in circumstances and avail- (vi) Indicate whether or not the LHA proval. At least every two months, each able data. intends to meet the unit limitation de- HUD office will establish a list of all ap- (d) HUD approval. All Estimates of scribed in § 1274.103(k) (2) and provide plications found approvable prior to the Required Annual Contributions and any an indication of owner interest; date the office has set for establishing revisions thereto submitted by the IEA (vii) Indicate whether.the LHTTA has such list. The applications will be ranked shall be subject to HUD approval. adopted and implemented an approved in accordance with criteria (other than Subpart B--Proect Development and tenant selection and assignment plan in the priority to be given to applications Operation compliance with Title VI of the Civil meeting the 20 percent limitation de- Rights Act of 1964. scribed in § 1274.103(k) (2)) established § 1274.201 Preapplication. (2) The LHA shall submit an Affirma- by the office. Applications shall be se- (a) Determination of need and sur- tive Fair Housing Marketing Plan with lected for approval In sequence from the vey o1 market. The LHA shall determine regard to invitations of applications for top of the list. When an application is whether there is a need for housing as- and Issuance of Certificates of Family reached which Is neither for the elderly sistance for low-income families within Participation. (or handicapped) nor for 25 or fewer Its operating jurisdiction. If it deter- (3) HUD regulation, Project Selection units and which does meet the 20 per- mines there is such a need the IMA shall Criteria (24 CFR 200.700), Is not appli- cent limitation, the next application survey the housing market of the local- cable; however, see § 1274.102 (a) (3) for which does meet the 20 percent limita- ity to determine whether there is a suffi- required site and neighborhood stand- tion, if any, shall be selected ahead of cient supply of units suitable for use in ards. such application; but no application for this program, to meet'all or part of this (4) Advice and assist nce in the prep- an elderly (or handicapped) project or need. In determining the adequacy of aration of the application are available for a project of 25 or fewer units shall the housing supply, the THA shall esti- from the local HUD field office. be denied approval by reason of selection mate realistically the number and size (b) Income limits and rent schedules. of the application meeting the 20 per- (number of bedrooms) of units that may (1) LHAs not having previously approved cent limitation. be available, the condition of such units, income limits and rent schedules shall (c) Approval or disapproval of appli- and the rents at which the units may be submit income limits and rent schedules, cation. (1) Upon completion of Its review, leased. in accordance with applicable HUrD re- HUD shall notify the I.A by letter that (b) Preapplicationconference. A pre- quirements, for approval with their its application: Is approved; Is approva- application conference with the appro- applications. ble but Insufficient contract authority priate HUT field office staff, in person or (2) It is the incomes from families to precludes authorization of an ACC; can by telephone, Is strongly recommended be housed under the proposed Housing be approved If the LHA adopts, within to assure that an approvable application Assistance Payments Program, not the 30 days, the changes required by HUT) will be submitted by the LHA. The 1HA income limits, that is more significant in or is disapproved. If the application Is should be prepared to provide evidence enabling HUD to determine assistance disapproved, the letter shall Indicate In that there Is a sufficient supply of exist- requirements and the approvability of a detail the reasons for disapproval. ing housing units which may be utilized particular application. The LHTA shall, (2) If the application Is approved, the in the program proposed by the LHA in therefore, provide accurate estimates of letter shall authorize the LHA to execute terms of size (number of units), type anticipated family income and the the ACC, or the revised Part I of the (elderly or non-elderly), and bedroom amount (including utilities) to be paid ACC, transmitted with the letter. The distribution. The .HA should also indi- from the incomes of families expected to letter shall also contain the HUD-estab- cate whether it intends to limit assist- be assisted. In making these estimates, lished fair market rents, by units size, ance to 20 percent or less of the units in the TLHA should utilize such information a structure or complex of five or more as incomes, after deductions and exemp- for the appropriate housing market units in accordance with § 1274.103(k) tions, of families on updated, current area. The LHA shall be advised that these (2), and if so, that there Is owner interest waiting lists and rents being paid by rents represent the maximum gross in such a program, tenants in other leased and-non-leased rents that can be approved for Individual § 1274.202 LHA submission of applica. units operated by the LHA, as well as units. The LHA shall also be advised tion. incomes of families expected to be housed that if all or part of the cost for utilities (a) Submission of applIcation. (1) An under the income limits established for is to be assumed by a family, the rent to application for a Section 23 existing this program. owner shall not exceed the fair market housing program to be submitted by the rent less an allowance for family-paid HUD field office shall be In § 1274.203 HUD review and approval LHA to the of application. utilities (excluding telephone). The letter a form prescribed by HID- and shall: schedule In (1) Describe the results of the TIEA's (a) Review of application, The HUD shall also contain a leasing survey of the housing market in terms field office shall review the application accordance with § 1274.204(b).

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17191

§ 1274.204 Annual contributions con- type, statement and slogan. The LEA ply with its HUD-approved Affirmative tract (ACC). sliall also (1) develop working relation- Fair Housing Marketing Plan and its ap- (a) Approval and term of ACC. Fol- ships with local -landlords and real estate plicable regulations establishing admis- lowing HUD field office approval of an broker associations, (2) publicize the slon policies, including policies, If any, application, an ACC in the form pre- program in such ways as to reach a carrying out its responsibility for rehous- scribed in Appendix IV shall be prepared maximum number of landlords and real ing displaced families. and processed and be transmitted by the estate brokers, (3) establish contact with (3) If the applicant Is determined to field office to the LEA for execution and civic, charitable, or neighborhood orga- be eligible and Is selected for participa- return to the field office with appropri- nizations which have an interest in hous- tion. he shall be given, a Certificte of ate documents. The annual contributions ing for low-income families, and (4) ex- FaIlny Participation and Lease Approval. period shall be for four years as provided plain fully the provisions of the program, (see Appendix V), including part , in Appendix IV. A longer period may be including equal opportunity require- Certificate of Family Participation, permitted at the discretion of the Secre- ments, to real estate, landlord, and other signed by the family and the LE. tary. groups whose members may be dealing (4) At the same time, the family shall with eligible families. The LA. shall be given the following: (b) Expeditious leasing. The ACC send to the Equal. Opportunity office in (i) Copies of Lease Provisions Re- slall include a provision relating to ex- the appropriate HUD field office a state- quired for Participation in the Housing peditious leasing of units under the pro- ment of the methods used and a copy of Assistance Payments Program and Guide gram. HUD will provide, in its transmit- the published notice (s). for Lease Provisions for Maintenance tal of the ACC to the LRA, target dates and Security Services (see Appendix by calendar quarter endings, which will (c) Listing of units. Owners interested specify the number of units that are ex- in making their units available for use by VD low-income families should notify the (11) A copy of the form of Housing As- pected to be leased during' each quarter. sistance These target dates wil be established so LEA which shall establish and maintain Payments Contract (see Ap- a listing of such units, accompanied by pendix IM); and as to implement HUD policy that all (Ill) A copy of the booklet, Watch Out units in a Section 23 existing housing appropriate information relating to rent, program of 100 units or more must be type of unit (single family housing, for Lead Paint Poisoning issued by the leased by eligible families within 12 apartment, etc.), number of bedrooms, U.S. Department of Health, Education, months after execution of the ACC. In location, etc. Such list shall be publicly and Welfare and identified as DHEW posted and otherwise made available for Publication No. (HSM) 23-5101; the case of smaller programs, a shorter (5) The Certificate of Family Parti- time period may be established by HUD. use by eligible families, provided that: the list is open to any private owner who cipation shall expire at the end of 60 Failure of the LEA to demonstrate a days unless the family notifies the LEA good faith effort to adhere to this sched- wishes his rental units to be Included unless the owner has been disapproved by of the unit It wishes to lease within that ule will be considered a basis for reduc- time period by submitting a Request for tion by HUD of the number of units and HUD for participation in HUD programs; notice of the existence of the list and the Lease Approval, Part Ii of Appendix V amount of HUD's annual contributions (see paragraph (f) of this section). Ex- commitment. manner in which units may be included on it is publicized by the LHA; the list Is piration of the Certificate shall not pre- § 1274.205 Leasing from owners. used by the LEA in such a way as to en- clude the LEA from extending the (a) Public notice to low-income fami- sure that eligible families are neither Certificate upon Its submission by the lies. (1) After receiving HUD approval of directed or encouraged to rent, nor dils- family. its application, the LEA shall make couraged from renting, from any indi- (6) The LEA shall maintain a system known: to the-public, through publication vidual; the list contains a statement that to assure that It will be able to honor in a newspaper of general circulation as eligible families are free to choose hous- all outstanding Certificates of Family through minority media and other ing units not listed; the LIA makes ef- Participation within its ACC authoriza- suitable means, the availability of hous- forts to develop a listing of units which tion. ing assistance for low-income families will be consistent with the objectives of (7) LHA records on applicant and and shall invite such families to apply Its HUD-approved affirmative marketing certified families shall be maintained so for Certificates of Family Participation. plan (see §1274.205(d) below); and as to provide HUD with racial and ethnic Such notice shall be made in accordance owners of listed units provide the LEA data. with Affirmative Fair Housing Market- with a written assurance that their units () Submission of requestfor lease ap- ing Regulations, including advertising will be made available without discrim- proval. (1) Holders of Certificates of guidelines for fair housing requiring the ination on the basis of race, color, creed, Family Participation shall be responsible use of the equal housing opportunity sex, religion, or national origin. for finding suitable units. The LETA may, logotype, statement, and slogan. The (d) Compliance with affirmative fair however, undertake to find suitable units LEA shall send to the Equal Opportunity housing marketing plan. In publicizing for families requiring special assistance, office in the appropriate HIU field office the availability of housing assistance to such as the elderly or handicapped or a statement of the methods used and a low-income families and inviting owners families experiencing discrimination. An copy of the published notice(s). to participate and list their units with LEA shall advise eligible families that the LHA, they are free to seek units in all areas of (2) Families who are already on pub- the LHA shall comply with Its the LHA's jurisdiction. lic housing waiting lists shall be noti- HUD-approved Affrmative Fair Hous- In particular, it ing Marketing Plan in terms of outreach shall be made clear to minority famiies fied that they must apply specifically for that they assistance under this program, if they to -families not otherwise expected to ap- are free to seek housing in non- wish to be considered for it. Any such ply for assistance and encouraging the minority areas. participation of owners in non-minority (2) When a family has found a unit it family who applies for this program shall wishes to lease, It shall submit to the not lose its place on the public housing concentrated areas. LEA a request for Lease Approval, signed waiting list until it has been housed. . (e) Determinationof family clIg[blity " (b) Public by the owner of the unit and the family, notice to owners. The LEA for participation.(1) In general, low-in- and a proposed lease. The lease shall con- shall, through publication in a news- come families should contact the LEA tain all required provisions shown in paper of general circulation as well as concerning participation in the program. Appendix VI and shall be complete ex- through minority media, invite private If an owner Is the initial point of contact, he cept for execution and the portion of owners to make dwelling units available shall refer the family to the LHA. monthly lease rental which the famiy for leasing by eligible families. Such no- However, regardless of whether the shall be obligated to pay to the owner. tice shall be made in accordance with initial contact Is with the owner or the (g) LHA approval of lease. (1) Ineli- Affirmative , Fair Housing -Marketing LEA, the LEA shall be solely responsible gible owners. L.As shall not approve Regulations, including advertising guide- for determining eligibility. owners or managers who are listed by lines for fair housing requiring the use (2) In selecting families for participa- HUD as being disapproved for participa- of the equal housing opportunity logo-. tion in this program, the LEA shall corn- tion in HUD programs.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17192 RULES AND REGULATIONS

(2) Amount of rent. In no case shall the tenant and hold it as a pledge until Agreement, if any, shall be executed by the LEA approve a rent which is higher the tenant performs the obligation which the owner and the family and an than the applicable HUD-established the landlord has determined the tenant executed copy returned to the LIZA. fair market rent (less the HUD-approved has failed to perform. (7) Disapproval of lease. If the LEA allowance for utilities to be paid directly (C) Exculpatory clauses. Agreement by has determined that the lease cannot be by the family). It should be recognized tenant not to hold the landlord or approved for any reason, including the that owners may anticipate receiving landlord's agents liable for any acts or condition of the unit, It shall so notify rents equal to the HuD-established fair omissions whether intentional or negli- the owner and the family using Part I market rents, even though the reason- gent on the part of the landlord or the of Appendix V. A copy of this notifica- able rents for their units may be less. landlord's authorized representatives or tion shall be maintained In LHA flies Accordingly, an LA& shall not approve agents. together with the original Request for leases for units with rents that exceed (D) Waiver of legal notice by tenant Lease Approval and the inspection report rents for similar units after taking into prior to actions for eviction or money relating to the unit. consideration differences in location, judgments. Agreement by tenant that (h) Continued family particlpation, facilities and services, and the amount the landlord may' institute suit without A family must continue to occupy its required for satisfactory maintenance. any notice to the tenant that the suit approved unit to remain eligible for par- (3) Inspection of'unit. (I) Before ap- has been filed, thus preventing the tenant ticipation in the Housing Assistance proving a lease, the 17A, shall make from defending against the lawsuit. Payments Program except under the fol- appropriate inquiries to ascertain that (E) Waiver of legal proceedings. These lowing conditions. If a family (1) wishes all certifications required by law have clauses authorize the landlord to act to to vacate Its unit at the end of the lease been issued and are currently valid. In evict the tenant or hold or sell the ten- term (or prier thereto but in accordance addition, the L1A shall inspect the unit, ant's possessions whenever the land- with the provisions of the lease), or (2) or cause it to be inspected, for compli- lord determines that a breach or de- is required to move for reasons other ance with all other requirements of fault has occurred, without notice to the than violation of the lease on the part § 1274.102 (a). An inspection report shall tenant or any determination by a court of the family (as determined by the be maintained by the LEA for each unit of the rights and liabilities of the parties. TLEA), the family shall be given a new inspected specifying whether required ((F) Waiver of jury trial.These clauses Certificate of Family Participation pro- certifications, if any, have been issued authorize the landlord's lawyer to ap- viding for housing assistance payments and the results of the inspection. pear in dourt for the tenant and waive for occupancy of another approvablo (ii) If there are defects or deficiencies the right to a trial by jury. unit, if: which must be corrected in order for the (G) Waiver of right to appeal judicial (I) The family provides reasonablo unit to be decent, safe, and sanitary, the error in legal proceedings. These clauses notice (at least 30 days) to the LEA of owner shall be advised by the LEA of the authorize the landlord's lawyer to waive its intention to vacate; work required to be done. Before a Hous- the right to appeal for judicial error in (i) The LEA determines that the ing Assistance Payments Contract can be any suit or the right to file a suit in family is n compliance with the pro- executed, the unit must be inspected to eqhity to prevent the execution of a visions of the lease, including provisions ascertain that the necessary work has judgment. requiring notice to the owner, if appli- been performed and that the unit is (H) Tenant chargeable with costs of cable; decent, safe, and sanitary. A report de- legal actions regardless of outcome. (iII) The LEA determines that the tailing the results of this second inspec- These clauses provide that; the tenant family continues to be eligible for such tion shall be maintained by, the IHA agrees to pay attorney's fees or other assistance; with its original report on the unit. legal costs whenever the landlord decides (iv) The LEA determines that the (4) Relocation certification. The LTA to take action against the tenant even family is meeting its obligations for re- shall review the relocation certification though the court determines that the payment of security deposits, if any; and made by the owner and the facts stated tenant prevails in the action. This does (v) The LEA has sufficient funds un- therein and determine to its satisfaction not mean that the tenant as a party to der its Annual Contributions Contract. that the unit, if not vacant, will be a lawsuit may not be obligated to pay (i) Eviction. The owner shall not evict vacated az a result of one of the three attorney's fees or other costs if he loses uny family unless the owner complies categories of reasons specified. the suit. with the requirements of local law, If (5) Lease requirements-(i) Term of (6) Approval of lease and execution any, and of this paragraph. The owner lease. The term of lease shall be for of related documents. If a unit which .shall give the family a written notice of not less than one year and shall gen- an eligible family wishes to lease is de- the proposed eviction, stating the erally be for not more than one year, termined by the LEA to be in decent, grounds and advising the family that it but may contain a provision permitting safe, and sanitary condition, the pro- has 10 days (or such greater number, If termination upon 30 days advance writ- posed rent to owner is approvable, and any, that may be required by local law) ten notice by either party. The specified the proposed lease complies with pro- within which to respond to the owner, lease term, including specified renewal gram requirements, the LEA shall re- The owner must obtain the LHA's au- options, if any, shall in no case exceed turn a copy of Part III of Appendix V, thorization for an eviction; accordingly, three years or the term of the ACC per- Authority Determination, to the owner a copy of the notice shall be furnished taining to the lease, whichever is shorter. and the family indicating approval of simultaneously to the L-A, and the no- (ii) Required provisions. The lease the lease. Attached to the form shall be tice shall also state that the Family may, shall contain the required provisions (i) a copy of the proposed lease, with the within the same time period, present Its specified in section 1.6 of the Housing portion of the monthly lease rental objections to the LHA In writing or In Assistance Payments Contract. (See also which the family shall be obligated to person. The LHA shall forthwith ex- Appendix VI.) pay the owner entered onto the lease, amine the grounds for eviction and shall (iii) Prohibited provisions. Lease (ii) unsigned copies of the Housing As- authorize the eviction unless It finds the clauses which fall within the classifica- sistance Payments Contract, and (iii) grounds to be insufficient under the lease. tions listed below shall not be included if applicable, copies of the Security De- The LEA shall notify the owner and the in any owner-family leases. posit Agreement, signed by the LEA. The family of Its determination within 20 (A) Confession of judgment. Consti- lease shall be executed by the owner and days of the date of receipt of the notice tutes prior consent by tenant to any the family and a copy of the executed by the family, whether or not the family lawsuit the landlord may bring against lease returned to the LEA. Two copies has presented objections to the LEA. him in connection with the lease and to of the Contract shall be signed by the a judgment In (j) Inapplicability of low-rent public favor of the landlord. owner, and returned to the LEA. The housing model lease and grievance pro- (B) Distraint for rent or other LEA shall execute both copies of the cedures. Model lease and grievance pro- charges. Agreement by tenant that land- Contract and shall return one executed cedures established by HUD for LEA- lord is authorized to take property of copy to the owner. The Security Deposit owned low-rent public housing are not

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17193

applicable to the Section 23 Housing (further defined as "Family" or "Families" in however, that the specified Lease term, in- In Payments Program. Section 2.2) privately owned accommoda- cluding specified renewal options, if any, Assistance tions pursuant to Section 23 of the Act by shall in no event exceed three years or the § 1274.206 Periodic inspection. means of Housing Assistance Payments Con- term of this Annual Contributions Contract, tracts ("Contracts") with the persons- or en- Whichever is shorter. In order to ensure that housing under tites having the legal right to lease or sub- 1.3 AnnuaL Conributions. (a) Notwith- lease remains in decent, safe, and sani- lease such housing ("Owners"). Such understanding any other provisions- of this ACC tary condition for the duration of the taking may involve an agreement for the use (other than paragraph (a) of this Section) Contract and the lease, the LHA shall of housing to be constructed ("New Con- or any provisions of any other contract be- make periodic inspections, not less than struction"), an agreement for the uze of ex- tween the Government and the Local Au- annually, to ascertain that the owner has sting housing to be substantially rehabili- thority, the Government shall not bV obli- any Annual Contributions or maintained the unit as re- tated ("Substantial Rehabllitation"), or the gated to make -adequately use of existing housing without substantial any other payment In respect to the Project quired by the Contract. In addition, the rehabilitation ("Existing Housing"). In each in excess of $ --. Provided, however, LHA shall inspect the unit whenever it Instance, the type of housing and the num- that this amount shall be reduced com- has information, as a result of family her and sizes of dwelling units with respect men-urato with any reduction in the num- complaints or otherwise, to the effect to which a certain maximum Annual Con- ber of units pursuant to Section 1.8 of this that the unit is not being maintained in tributons commitment is made rhall con- ACO. accordance with the Contract. In those stitute a Project hereunder and shall be (b) Subject to the maximum dollar liml- Identified by a stated Project number. where the LHA determines taton In paragraph (a) of this Section, the instances 0.2 Part I and PartII of this Annual Con- Government shall pay Annual Contributions that the unit is not being maintained tributionsContract, (a) Certain provisions of to the Local Authority in respect to the Proj- satisfactorily, the LHA shall try to re- this ACO, principally thoce which are specifi- ect In an amount equal to the sum of the solve the problem with the owner. If the cally applicable to a designated Project, are following: LEA is unsuccessful, it shall (a) abate contained in Part L Separate forms of Part (1) The amount of housing assistance pay- payment of housing assistance until such I are used for different types of Projects (ie., ments payable during the Fiscal 'ear (see time as the unit is brought into decent, New Construction, Substantial Rehabillta- Section 2A) by the Local Authority pur- safe, and sanitary condition, and/or (b) tion, and Existing Housing). A separato Part suant to Contracts, as authorized In Section 1.2. owner a 30-day notice of termi- I, on the applicable form thereof, has been give the executed with respect to each Project here- (2) The allowance, in the amount ap- nation in accordance with the provisions under, and each such Part L o executed, con- proved by the Government, for security and of the Contract. The family shall be fur- stltutes apart of this ACO. utility deposits. nished a copy of the notice to the owner (b) The remaining provisions of this ACCo (3) The allowance, in the amount ap- regarding abatement or termination, to- which are applicable to all Projects here- proved by the Government, for preliminary gether with information regarding con- under, are contained In Part IH,which, al- costs of administration. tinued assistance. The LHA shall keep though not separately executed, constitute3 (4) The allowance, in the amount ap- ACC. in its files copies of all inspection reports a part of this proved by the Government, for the regular 0.3 Fiscal Year. Except for the first Flcal costs of administration. and records of actions taken pursuant to Year of each Project, there shall be one Flscal (c) Subject to the Inaximum amount this Section Year for all Projects hereunder. Such estab- stated In paragraph (a) of this Section, the § 1274.207 HUD review of LIJA pro- lished Fiscal Year shall be the 12-month Annual Contribution for any Fiscal Year gram activities. period ending ------of each calendar may include such amount as the Govern- year. The first Fiscal Year for each Project ment may determine to be necessary to as- When 30 percent of the units under shall be as provided In the Part I applicable sure that the low-rent character Of the Proj- Part I of the ACC have been leased, but to such Project. ect will be maintained, which amount shall not later than 90 days after execution Local Authority, by: be credited to an account maintained by the of the Part 1 HUD will review the ILRAs Local Authority or the Government as de- operations for compliance with the pro- The Government, by: termined by the Government. To the extent visions of this part. Subsequent reviews funds are available n said account, the An- will be scheduled as necessary. If addi- PA T I- EXiST MiG IOUS Mioi MOr T N. . .. nual Contribution for any Fiscal year may exceed the maximum amount stated added to the ACC, HUD in para- tional units are I.I.The Procot. It Is contemplated that graph (a) of this Section by such amount, will review the IHA's operations for com- the Local Authority will enter Into Housing If any, a may be required for increases re- pliance when 30 percent of the addi- Assistance Payments Contracts ("Contracts") flected In the estimates of required annual tional units have been leased, but not with respect to the following numbers and contributiona applicable to such Fiscal Year later than 90 days after execution of the sizes of dwelling units: as approved by the Government in accord- revised Part I of the ACC. Size of Unit Number of Units' ance with Section 1.7 below. Any amount remaining In said account after payment of § 1274.208 LHA reporting requirements. The Local Authority shall, to the maximum the last Annual Contribution with respect [Reserved] extent feasible, enter Into Contracts in ac- to the Project rhall be applied by the Gov- cordance with the numbers and Eizes of itnits NOTE: Appendices I, II, and III, which re- ernment as a receipt in accordance with Sec- specified, but the Local Authority shall not tion 18 of the Act. late to internal HU processing procedures, enter Into Contracts or take other actions are not (d) The Government will make perfodiac included herein, but do appear in In a the HUh Existing Housing Handbook. which will result claim for a total Annual payments on account of the Annual Contri- Contribution In respect to the Project in butons upon requisition therefor by the APPrNDrx IV excess of the maximum amount stated in Local Authority in the form prescribed by Section 1.3(a). ANNUAL CO1T5RBTIOnS CON TACr the Government. Each requisition shall in- 1.2. Authorization of Actions by Local Au- elude certifications by the Local Authority This-Annual Contributions Contract (ACC) thority. (a) In order to carry out the Project. ------the Local Authority Is authorized to (1)enfir that housing a=itance payments have been is entered into as of the day of or will be made only with respect to units Into Contracts, (ii) male -, 19.., by and between the United Housing Armstruice which: States of America (herein called the "Gov- Paymnents on behalf of Familleu, and (iII) ernment"), pursuant to the United States take all other neces ry actions, all in co-- (1) are under lease by Families at the time Housing Act of 1937 (42 U.S.C. 1401, et seq., cordance with the forms, conditions, and re- such housing assLtance payments are made which Act as amended to the date of this quirements prescribed or approved by the except as otherwise provided in the Con- ACC is herein called the "Act") and the De- Government; Provided, however, that neither tracts; and partment of Housing and Urban Develop- the Local Authority nor the Government (2) the Local Authority bas Inspected or ment Act (42 U.S.C. 3521), and shall assume any obligation beyond that pro- caused to be inspected pursuant to Section (herein called the "Local Authority"), which vided in Housing Assistance Payments Con- 2.7 of Part I of this ACC, within one year is organized and existing under the laws of tracts in the f-rm approved by the Govern- prior to the making of such housing assist- the State of ------and Is a "public ment. ance paymenta. housing agency" as defined in the Act. In (b) The term of each Contract shall be (o) Following the end of each Fiscal -ear, consideration of the mutual covenants here- coterminous with the term of the Leaze be- the Local Authority shall promptly pay to inafter set forth, the parties hereto agree as tween the Owner and the Family, which the Government, unless other disposition is follows: term shall be for not le= than one year approved by the Government, the amount, 0.1 Project orProjects. The Local Authority (subject to earlier termination in accord- if any, by which the total amount of pericdic is undertaking to provide decent, safe, and ance with its provisions) and shall generally payments during the Fiscal Year exceeds the sanitary housing for families of low income be for not more than one year; Provided, total amount of the Annual Contribution

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13,1974 No. 93-Pt. 1rI-2 17194 RULES AND REGULATIONS payable for such Fiscal Year in accordance PART 11-TEaMS AND CONDrMIONS BETW= LOCAL limits for eligibility and rents after taking with this Section. AUTHOrrY AND THE UNT= STATE OF AIMca into consideration: 1.4. Fiscal Year. The Fiscal Year for the 2.1. Low-Income Housing Use. The Local (1) The Family size, composition, age, Project shall be the Fiscal Year established Authority shall use the Annual Contributions physical handicaps, and other factors which by Section 0.3 of this ACC; Provided, how- solely for the purpose of providing decent. might affect the rent-paying ability of the ever, that the first Fiscal Year for the Project safe, and sanitary dwellings for families of family, and shall be the period beginning with the Date low income, hereinafter further defined as (2) The economic factors which affect the of Execution and ending on the last day of .Families!' financial stability and solvency of the Proj- said established Fiscal Year which Is not less 2.2. Definitions-(a) Families; Elderly ects. than 12 months after the Date of Execution. Families; and Displaced Families. (1) The (b) Income limits shall restrict oligibillty If the first Fiscal Year exceeds 12 months, the term "Families" means families of low In- to Families (as defined in Section 2.2) and maximum Annual Contribution in Section come and includes Families consisting of a shall assure the financial solvency of the 1.3(a) may be adjusted by the addition of single person in the case of Elderly Families Projects. Income limits and rents as fixed the pro rats amount applicable to the period and Displaced Families, and includes the by the Local Authority shall meet the re- of operation in excess of 12 months, remaining member of a tenant Family. quirements of applicable local law. 1.5. Term of Tis ACC. The term of this (2) The term "Elderly Families" means (c) The Local Authority shall submit to ACC with respect to the Project shall be four -Families whose heads (or their spouses), or the Government for Its approval a schedule years beginning with the Date of Execution; whose sole members, have attained the age or schedules of income limits and rents, to- Provided, however, that this ACC shall con- at which an individual may elect to receive gether with such supporting data and docu- tinue in effect for one additional year with an old-age benefit under Title II of the So- ments as the Government may require. respect to Housing Assistance Payments clal Security Act (42 U.S.C. 301, et seq.); or (d) The Local Authority may at any time review and revise such schedules, Contracts entered into, at any time during are under a disability as defined in section and shall the four year period. 223 of that Act; or fe handicapped within review and revise such schedules If the Gov- ernment determines that changed condl- 1.0. Federal and Local Government Ap- the meaning of Section 202 (12 U.S.C. 1701q) tions, in the locality make such revisions provals. (a) The making of this ACC and of the Housing Act of 1959, as amended. necessary in achieving the purposes of the the undertaking by the Government of the (3) The term "Displaced Families" means Act, Annual Contributions as herein provided Families displaced by urban renewal or other 2A.4.Admission Polices. (a) The Local Au- has been duly approved on List No. ____ for governmental action, or Families whose pres- thority shall duly adopt and promulgate, by Annual Contributions Contracts. , ent or former dwellings are situated in areas publication or posting In a conspicuous place (b) The governing body of the locality in as determined by the Government to have for examination by prospective tenants, reg- which the dwelling units are to be located been affected by a natural' disaster, and ulations establishing its policies for the Is- has approved the application of Section 23 which have been extensively damaged or de- suance of Certificates of Family Participa- of the Act to the locality, by resolution or stroyed as the result of such disaster. tion. Such regulations must be reasonable ordinance duly adopted on ------, (b) Project Receipts and Project Expendi- and give full consideration to Its public re- 19 ..... tures. (1) "Project Receipts" with respect to sponsibility for rehousing Displaced Families, 1.7. Estimate of Required Annual Contri- each Project shall mean the Annual Contri- to the applicant's status as a serviceman or butions. (a) At or about the date of execu- butions payable hereunder and all other re- veteran or relationship to a serviceman or tion of this ACC, the, Local Authority shall ceipts, If any, accruing to the Local Author- veteran or to a dibbled servicem3n or vet- submit an Initial 'Estimate of Required An- ity from, out of, or in connection with such eran and to the applicant's age or disability, nual Contributions (Preliminary Costs) and Project. housing conditions, urgency of housing need, an Annual Estimate of Required Annual Con- (2) "Project Expenditures" with respect and source of Income, and shall accord to trbutions. These forms cover the estimated to each Project shall mean all costs allowable Families consisting of two or more persona amounts tor the costs of non'expendable under Section 1.3, Part I of this ACC with such priority over Families consisting of equipment, administration, security and respect to such Project. single persons as the Local Authority deter- utility deposits, and housing assistance pay- (c) Substantia Default. For the purpose mines to be necessary to avoid undue hard- ments. of this ACC a Substantial Default is defined ship. (b) The Local Authority shall promptly the occurrence of any of the following - (b) Not earlier than 150 and not later to be notify any applicant determined to be Ineli- than 90 days prior to the beginning of each events: gible for housing assistance payments of the subsequent Fiscal Year, the Local Authority (1) If the Local Authority defaults in the basis for such determination and provide the shall submit an Annual Estimate of Required observance-or performance of the provisions applicant upon request, within a reasonable Annual Contributions with supporting doc- of Section 2.7; or time after the determination is made, with umentation for any requested changes in (2) If (a) the Local Authority violates or an opportunity for an informal hearing on the amount of housing assistance payments fails to comply with any provisions of the such determination. Any applicant doter- or the allowance for the cost of administra- Housing Assistance Payments Contract or mined to be eligible for housing assistanco tion. fails to perform any of its obligations under payments shall be given a Certificate of Fam- (c) Any of the above Estimates may be such Contract, or (b) such Contract at any ily Participation or shall be notified of the revised to reflect changes In circumstances time is held to be void, voidable, or ultra date when such Certificate will be Issued, and available data. vires, or the power or right of the LocaI insofar as such date can be reasonably Authority to enter Into such Contract is determined. (d) All Estimates of Required Annual Con- drawn into question in any legal proceed- 2.5. Continued Eligibility. (a) The Local trbutions and any revisions thereto sub- Ing, or (c) the Local Authority asserts or matted by the Local Authority shall be sub- claims that such Contract is not binding Authority shall periodically reexamlno the in- ject to Government approval upon It for any reason, or otherwise asserts comes of Families for whom housing asist- 1.8. Expedit ous Carrying Out of Project. or demonstrates that it does not intend to ance payments are being made, Provided, however, that The Local Authority shall proceed expedi- fulfill its obligations under the length of time between such Contract; the Issuance of a Certificate of Family Par- tiously with the housing of Families through or ticipation to a Family subject to yearly re- the use of housing assistance payments. if (3) If the Local Authority falls or refuses examination and the first reexamination of the Local Authority fails to proceed espedl- to honor any duly Issued Certificate of Fami- such Family may be extended by not more tiously, the Government, by notice to the ly Participation in accordance with Its terms; than six months if necessary to fit a rexamt- Local Authority, may reduce the Project to or nation schedule established by the Local the number and sizes of dwelling units under (4) If the Local Authority fails to comply Authority. Contracts with Owners as of the date of the with the requirements of Sections 2.8, 2.9, (b) If, upon such reexamination, It Is receipt of such notice by the Local Authority, 2.10, or 2.11; or found that Family Income or composition with a corresponding reduction in the nax- has changed, the portion of rent payable by Contributions speci- (5) If there is any default by the Local mum amount of Annual the Family and the amount of housing as- fled In Section 1.3 (a). Authority in the performance or observance on Executa. TheDateofxe of any term, covenant, or condition of this sistance payment shall be adjusted accord- 1.9. Date of Execution The Date of Exeeu- ACC other than the defaults enumerated in ingly. tion of this ACC with respect to this Project subsections (1) through (4) of this para- (o) If, upon such reexamination, It Is ("Date of Execution") is ------graph (c) and if such default has not been found that the Income of a Family Increased 1.10. Priof'AC~s Superseded. This Part I remedied within a reasonable time, not to beyond the approved Income limits for the supersedes prior ACC Parts I, If any. exceed thirty days, after the Government has Project, housing assistanco paymenta for Local Authority, by: notified the Local Authority thereof. such Family shall terminate. S---- - 2.3. Maximum Income Limits and Rents. 2.6! Applications and Certfleatlonw. (a) The Government, by: (a) Subject to the approval of the Govern- Prior to the Issuance of a Certificate of Fan- - ---...------ment, the Local Authority shall fix income Ily Participation to each Family and there-

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS n195 after on the date established by the Local (c) The Local Authority shall not, an ac- give full opportunity for open and competi- Authority for each reexamination. of the count of creed or sex discriminatw in the tive bidding. The Local Authority shall give status of such Family, the Local Authority sale, leasing, rental, or other disposition of such publicity to advertisements for blds as shall obtain a written application, signed by housing or related facilities (including land) will assure adequate competition and shall a responsible member of such, Family. which included In any Project or in tha uso, or oc- afford an opportunity to bid to all insurers application shall set forth all data and in- cupancy thereof, nor deny to any family the who have indicated In writing to the Local formation necessary to enable the Local Au- opportunity to apply for such housing. nor Authority their desire to submit a bid and thority to determine whether the Family deny to any eligible applicant the oppor- who are. licensed to do bu3iness in the State. meets the 'conditions of eligibility for hous- tunity to lease or rent any dwelling In any Such insurance shall be, awarded to the lowing assistance payments. such housing suitable to Its needs. No, person est responsible bidder. The lowest bid shall (b) The Local Authority shall establish shall automaticall be excluded from partic- be determined upon the basis of net cost to policies governing the nature and extent of pation in or be denied the benefits of the the- LOa Authority. Net cost, for the pur- investigations to be made of applicants' and Housing Assistance Payments Program be- poses of this subsection (d), shall mean the tenants' statements relating to their elg- cause of membership In a. class such as un- gros deposit premium, plus the cost of blty. married mothers, recipients of public azz-_t- Insurance against the hazards, if any, of (c) A duly authorized official of the Local ance, etc. 1ssessment, less any anticipated dividend Authority shall, at times prescribed by the 2.9. Equal Employment Opportunity. The based on the dividend payment and asess- Government, make written certifications to Local Authority shall not discriminato ment record of the insurer for the previous the, Government that each Certificate of against any employee or applicant for em- ten years. Nothing In this subzectfon (d) Family Participation Issued during the ployment because of race. color, creed. shall have the effect of requiring the Local period covered by the certification was issued religion, sex, or national origin. The Lccal Authority to- purchase Insurance from any in accordance with its duly adopted regula- Authority lsall take afflrmative action to en- Insurer not licensed to do business in the tions and approved income limits. sure that applicants are employed, and that State or to purchase nsurquce which in- 2.. Mfaintenance an. fInspections. (a) The employees are treated during employment. volves any hazard of ausessment unless in- Local Authority shall require as a condition without regard to race, color, creed. religion. surance against such hazard Is available. for the making of housing assistance pay- sex, or national origin. Such action shall (e) The Local Authority shal require that mental thatthe-Owner at,all times maintain includebut not be limited to, the following: each liability Insurance policy prohibit the the Project In decent, safe, and sanitary.con- employment, upgrading, demoton, or trans- Insurer from defending any tort claim on dition. fer. recruitment or recruitment advertising the ground of Immunity of the Local Author- (b) The Local Authority shall inspect or layofr or termination; rates or pay or other ity from sult. cause to be inspected dwelling units prior forms of compensation; and selection for (f) The Local Authority shall submit cer- to commencement of occupancy by Families, training, Including apprenticeship. tified duplicate copies of all insurance poll- and of grounds, facilities, and. areas for their 2.10. Employment o1 ProjectArea RsfdCnts cies and bonds to the Government not less benefit and use, and shall make or cause to and Contractors. The Local Authority shall than forty-five days before the effective date be made subsequent inspection&at least an- comply and shall require each of Its contrac- thereof for review to determine compliance nually, adequate to assure that decent, safe. tors and subcontractors employed In the with this ACC. Unless disapproved by the and sanitary housing accommodations are performance of this ACC to comply with Government within thirty days of the date being provided. Section 3 of the Housing and Urban Develop- submitted, the pollcies and bonds submitted 2.8. Nondiscrimination~in Housing. (a) Ther ment Act of 1968 (12 U.S.C. l701u) and the shall be considered as approved by the Gov- Local Authority shall comply with all re- regulations and requirements of the Govern- ernment. quirements Imposed by Title VI of the Civil ment thereunder, requiring that to the (g) If theLocal Authority shall fall at any Rights Act of-l169 Public Law 88-352, 78 greatest extent feasible opportunities for time to obtain and maintain insurance as Stat. 241; the regulations of the Department training and employment be given lower In- required by subsections (a), (b). (c), and of Housing and Urban. Development issued come residents of the Project area and that (d) or this See. 2.12, the Government nay thereunder, 21- CFEZ, Subtitle A, Part 1, Sec- contracts for work in connection with the obtain such insurance on behalf of the tion L1, et seq.; the requirements of said Project be awarded to business concerns Local Authority and the Local Authority Department pursuant to said regulations; which are located In or owned In substantial shall promptly reimburse the Government and Executive. Order 11063 to, the end that, part by persons residing in the area of the for the cost thereof together with Interest at in accordance witlh that Act and the regula- Project. the then going Federal rate as determined tions and requirements of said Department 2.11. Cooperation Ia Equal Opportunity 'pursuant to Seeon 2(10) of the Act. thereunder, and said Executive Order, no Compliance Reriews. The Local Authority 2.13. Books of Account and Records; Be- person in the United States shall, on the shall cooperate with the Government In the ports; Audits. (a) The Local Authority shall ground of race, color, creed, religion, or na- conducting of compliance reviews and com- maintain complete and accurate books of tional origin, be excluded from participation plaint Investigations pursuant to applicable account and records, as may be prescribed in, or be denied the benefits of, the Housing civil rights statutes, Executive Orders. and from time to time by the Government, in Assistance Payments Program or be other- rules and regulations pursuant thereto. connection with the Projects, Including rec- wise subjected to discrimination. The Local 2.12. Insurance and Fidelity Bond Corer- ords which permit a speedy and effective Authority shall, by contractual requirement, age. (a) For purposes of protection against audit., and Will among other things fully dis- covenant, or other binding commitment, as- hazards arising out of or in connection with close the amount and the disposition by the sure the same compliance on the part of the administrative activities of the Local Local Authority of the Annual Contributions any subgrantee, contractor, subcontractor, Authority In carrying out the Project the and other Project Receipts, If any. transferee, successor In interest, or other par- Local Authority shall carry adequate (1) (b) The books of account and records ticipant in the program or activity, such comprehensive general liability insurance, or the Local Authority shall be ma Mtained commitment to include the following clause: (2) workmen's compensation coverace (Stat- fir each Project as separate and distinct "This provision is included pursuant to the utory or voluntary). and (3) automobile from all other Projects and undertakings of regulations of the Department of Housing liability Insurance against property damage the Local Authority, except as authorized Or and Urban Development, 24 CFR. Slfbtitle A, and bodily Injury (owned and non-owned). approved by the Government. Part 1, Section 1.1, et seq.; issued under Title (b) The Local Authority shall obtain or (a) The Local Authority shall furnish the VI of the said Civil Rights Act of 1964. and provide for the obtaining of adequate fidelity Government such financial, operating, and the requirements of said Department pur- bond coverage of Its oMcers, agents, or em- statistical reports, records, statements, and suant to said regulations; and the obligation ployees handling cash or authorized to sign documents at such times, in such form, and of the [contractor or other] to comply there- checks or certify vouchers. accompanied by such supporting dats, all as with inures to the benefit of the United (c) Each insurance policy or bond shall may reasonably be required from time to States, the said Department, and the Local be written to become effective at the time time by the Government. Authority any of which shall be- entitled the Local Authority becomes subject to the (M) The Government and the Comptroller to invoke any remedies available by law to risk or hazard covered thereby, and shall be General of the United State% or his duly au- redress any breach thereof or to compel com- continued in full force and effect for such thorized representatives, shall have full and pliance therewith by the [contractor or period as the Local Authority i- subject to free access to the Projects and to all te othe]" such risk or hadard. Such Insurance and books., documents, papers, and records of the In such manner, Local Authority that are pertinent to its op- Local Authority shall incorporate bonds shall (1) be payable (b) The. assistance or cause to be incorporated Into all Housing (2) be In such form, and (3) be for such erations with respect to financial right to audit Assistance Payments Contracts a provision amounts, all as may be determined by the under the Act, Including the requiring compliance with all requirements Local Authodity and approved by the Govern- and to make excerpts and transcripts from ment. and shell be obtained from financially imposed by Title V31I of the Civil Rights Act such books and records. sound and responsible insurance companies. (e) The Local Authority shall Incorporate of 1968, Public- Law 90-284, 82 Stat. 73, and (d) In connection with each policy, includ- any rules and regulations issued pursuant Ing renewals, for comprehensive general lIa- or cause to be Incorporated In all Contracts thereto. bility insurance the Local Authority all the following clause:

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17196 RULES AND REGULATIONS

LHA and Government Access to Premises connection with any other housing project (a) Neither the Local Authority nor any and Owner's Records developed or operated by the Local Authority of Its contractors or their subcontractors The Owner shall permit the T-RA and the pursuant to the provisions of any contract shall enter into any contract, subcontract, for annual contributions, administration, or or arrangement, in connection vilth any Government or any of their duly authorized lease between the Local Authority and the representatives, to have access to the project, in which any member, officer, or premises and, for the purpose of audit and Government. employee of the Local Authority, or tiny examination, to have access to any books, (b) The Local Authority may also deposit member of the governing body of the locality documents, papers and records of the Owner under the terms of the General Depositary In which the Project is situated, or any that are pertinent to compliance with this Agreement amounts necessary for current member of the governing body of the locality Contract, including the verification of infor- expenditures of any other project or enter- in which the Authority was activated, or any mation pertinent to the monthly requests to prise of the Local Authority, including any other public official of such locality or locali- the LEA for housing assistance payments. project or enterprise in which the Govern- ties who exercises any responsibilities or (f) The Local Authority shall not charge ment has no financial -interest; Provided, functions with respect to the Project during as a Project Expenditure the cost or expense however, that such deposits shall be lump- his tenure or for one year thereafter ha of any audit with respect to any Project for sum transfers from the depositaries of such any interest, direct or indirect. If any such any Fiscal Year unless (1) the Government other projects or enterprises, and shall in no present or former member, officer, or em- has approved such audit, or (2)" such audit event be deposits of the direct revenues or ployee of the Local Authority, or any such Is required by law, or (3) the Government has receipts of such other projects or enterprises. governing body member or such other public failed to furnish the Local Authority with a (c) If the Local Authority operates other official of such locality or localities invol- report of its fiscal audit of the Local Author- projects or enterprises in which the Govern- untarily acquires or had acquired prior to ity's books of account for such Fiscal Year ment has no financial interest it may, from the beginning of his tenure any such inter- within six months after the end thereof and, time to time, withdraw such amounts as est, and if such interest is immediately dis- subsequent to a notice by the Local Au- the Government may approve from monies closed to the Local Authority and such dis- thority of such failure, the Government has on deposit under the General Depositary closure is entered upon the minutes of the failed to submit its report of such audit Agreement for deposit in and disbursement Local Authority, the Local Authority, with within three months aftbr receipt of such from a revolving fund provided for the pay- the prior approval of the Government may notice. ment of items chargeable in part to the Proj- waive the prohibition contained in this sub- 2.14. General Depositary Agreement and ects and in part to other projects or enter- section; Provided, however, that any such General Fund. (a) Promptly after the execu- prises of the Local Authority; Provided, however, that present member, officer, or employee of the tion of this ACO, the Local Authority shall all deposits in such revolving Local Authority shall not participate in any enter into, and thereafter maintain, one or fund shall be lump sum transfers from the action by the Local Authority relating to more agreements, which are herein collec- depositaries of the related projects or enter- such contract, subcontract, or arrangement. tively called the "General Depositary Agree- prises and shall in no event be deposits of the direct revenues or receipts. (b) The Local Authority shall insert in ment," in form prescribed by the Govern- all contracts entered into in connection with ment, with one or more banks (each of which (d) The Local Authority may establish any Project or any property included or shall be, and continue to be, a member of petty cash or change funds in reasonable planned to be included In any Project, and the Federal Deposit Insurance Corporation) amounts, from monies on deposit under the Depositary Agreement. - shall require its contractors to insert In each selected as depositary by the Local Author- General of Its subcontracts, the following prbvisohns: ity. Immediately upon the execution of any (e) In no event shall the Local Authority No member, officer, or employee of the General Depositary Agreement, the Local Au- withdraw from any of the funds or accounts authorized under this Section 2.15 amounts Local Authority, no member of the governing thority shall furnish to the Government body of the locality in which the Project is such executed or conformed copies thereof for the Projects or for any other project situated, no member of the governing body as the, Government may require. No such or enterprize in excess of the amount then of the locality in which the Local Authority General - -Depositary Agreement shall be on deposit in respect thereto. was activated, and no other public official terminated except after thirty days notice to 2.16 Assignment ol Interest in Project to of such locality or localities who exercises the Government. Government; Continuance of Annual Con- any functions or responsibilities with respect (b) All monies received by or held for ac- tributions. Upon the occurence of a Sub- to the Project, during his tenure or for one count.of the Local Authority in connection stantial Default (as herein defined) with year thereaftQr, shall have any interest, with the Projects shall constitute the Gen- respect to any Project the Local Authority direct or indirect, in this contract or the eral Fund. shall, if the Government so requires, assign proceeds thereof. (c) The Local Authority shall, except as to the Government all of its rights and Inter- (c) The provisions of the foregoing, sub- otherwise provided in this ACC, deposit ests in and to the Project, or such part sections (a) and (b) of this Section 2.18 promptly with such bank or banks, under thereof as the Government may specify, shall not be applicable to the General De- the terms of the General Depositary Agree- and the Government shall continue to pay positary Agreement, or utility ment, all monies constituting service the the General Annual Contributions with respect to dwell- rates for which are fixed or controlled by Fund. ing units covered by Housing Assistance a governmental agency. (d) The Local Authority may-withdraw Payments Contracts in accordance with the monies from the General Fund only for (1) terms of this ACC until reassigned to the 2.19. Interest of Member of or Delegate the payment of Project Expenditures, and Local Authority. After the Government shall to Congress. No member of or delegate to (2) other purposes specifically approved by be satisfied that all defaults with respect the Congress of the United States of America the Government. No withdrawals shall be to the Project have been cured and that or resident Commissioner shall be admitted made except in accordance with a voucher the Project will thereafter be operated in to any share or part of this ACO or to any or vouchers then on file in the office of the accordance with the terms of this ACC, the benefits which may arise therefrom, Local Authority stating in proper detail the Government shall reassign to the Local Au- PART I-CETIFICATI O' rArMILY purpose for which such withdrawal is made. thority all of the rights and interests of PAsTcIPATION (e) If the Local Authority (1) in the deter- the Government in and to the Project as mination of the Government, is in Sub- such rights and interests exist at the time APPENDIX V-CnRTIFICATn OV FAMILY stantial Default, or (2) makes or has made of such reassignment. PAnTicIPATiXO AND LEAsE A'PnoVAL any fraudulent or willful misrepresentation 2.17 Remadies not Exclusive and Non- 1. Certiftcation.The undersigned Authority of any material fact in any of the documents Waivers of Remedies. Any remedy provided hereby certifies that the Family headed by or data submitted to the Government pur- for herein shall not be exclusive or preclude Is authorized to --- suant to this ACC or In any document or the Owner, LHA and/or the Government participate In the Section 23 Housing Ar- data submitted to the Government as a from exercising any other remedy available sistance Payments Program of this Author- basis for this ACC or as an inducement to under this ACC or under any provisions ity. Under this program, the Authority makes the Government to enter into this ACC, of law, nor shall any action taken n the housing assistance payments on behalf of the Government shall have the right to re- exercise of any. remedy be deemed a waiver participating families toward their rents for quire any bank or other depositary which of any other rights or remedies available to decent, safe, and sanitary dwelling units. holds any monies of the General Fund, to such parties. Failure on the part of any 2. Dwelling Unit. If the Family finds a refuse to permit any withdrawals of such such party to exercise any right or remedy dwelling unit suitable to its needs, con- monies; Provided, however, that upon the shall not constitute a waiver of that or any taining at least ------bedrooms, and In curing of such Default the Government other right or remedy, nor operate to deprive decent, safe, and sanitary condition, it shall promptly rescind such requirement. the party of the right thereafter to take any 2.15. Pooling of Funds under Special Con- remedial action for the same or any subse- ditions and Revolving Fund. (a) The Local quent default. 'Enter the unit size, by number of bed- Authority may deposit under the terms of 2.18. Interest of Members, Officers, or Em- rooms, for which the Family is eligible pur- the General Depositary Agreement monies ployees of Local Authority, Members of Local suant to the occupancy standards of the received or held by the Local Authority in Governing Body, or Other Public Officials. Authority.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17197

should submit to the Authority for approval Phil XEH-XZQSVoa. L.A5E APMOVAL Authority except for execution. The lease Part 11 of this form. Request for Lease Ap- shabl be executed by the Family and the L Request. The undersigned Owner and Owner and a copy returned to the Author- proval, together with a proposed lease. Pricr the __ to to approval of the proposed lease, the Author- Family h-eby requet It. The Owner shall sign both copies of the ity will inspect the unit. or cause It to be (Hame ofLoesi Contract and return them to the Authority. inspected. Housing The Authority will execute the Contract by Authority) 3. Rent. The monthly rental provided in the frst day of occupancy specified In the lease for the dwelling the lease must be determined by the Au- approve the attached leaco and will Immediately retun an exe- but this rent unit located at ------cuted copy-to the Owner. thority to' be reasonable, and apartment for any utili- (street address Attached i- a Security Depocit Agreement. plus the Authority allowance number. if any) ties payable directly by the Family shall Gigned by- this Authorlty, which shall be for a period. of - month-, beg nning signed by the Owner and the Family and a in no case exceed $ Under the tting of of the Housing Assist- ,19__--. The1unt-,con ,lgned copy re tued to this Authority. rules and regulations --- bedrooms, is to be leased at $_.-- Program, the Family will be E3No ance Payments per month- This rent includes maintcnaco E3yes $, the O3 2. Disapproral.The proposed lease and/ obligated to pay toward and other services as provided in the lease monthly lease rental; provided that this or the dwelling unit arelIs dLspproved for and the following utuities and appliances: amount wil be reduced by- the Authority- the following reasons: (Check where applicable) o 3. )Zsubmifor If the conditions in determined allowance for any utilities to be ___ electricity __ gas ___ water paid directly by the Family, and such re- _..__beat Item 2 above are remedied, and a Reqtiestfor __:ewr --- refrigerator -_ range - will be specified In the lease. Leae Approval Is resubmitted by the Owner duced amount other (specify) Is sub- and the Family to the Authority by --- The amount of the Family's payment 2. CertifIcation. The Owner, by executing ject to change by reason of changes. in the (date). the lease will be approved by the this Request, certifies that: the condi- Pur- Authority if It: determines that income or composition of the Family. for the suant to a Housing Assistance Payments a. The most recent rent charged tions have been remedied to, Its satisfaction. unit was $.-. per month. Contract with an owner, the Authority will above dwelling (The Certificate of Family Participation is- for the difference, If any, be- not expire before pay to the owner on behalf of the Family The reasons sued to the ramily sbalI and tho proposed rent an amount equal to- the difference between tween this amount said date.) the monthly rental amount owed by the are: b. The specified dwelling unit Is currently: (D3te) (l fe of Local Housing Family tcr the owner and the total monthly Anthority) rent which- the owner is entitled to receive o Vacant and haa been slnce Lefore the the lease. date of this Request. By: under (Signature and Title) 4. Authority Approval of Lease. The Au- [ Occupied by the undersigned Famly. thority will notify the owner and the Family o Occupied by other than the Undersirmed Apz'z.vml VI-LzAsr Psovzsimns Rx~urcxn whether or not the proposed lease ls approv- Family but the unit will be vacated Fox PAerzxOaroa nc Tnx Haourz Ass sm- as a able within __ _ working days from, re- prior to occupancy by the Family hues PArYMMr P20GAI0 r ceipt of a. Request for Lease Approal. The result of (1) -oluntary defcison of Authority, upon Issulng this Certificate, an- occupant. or (2 action by O-nr for "ADn nlZr TO LEzSaZ ticipates that if a. lease, meeting the require- cause, or (3) other reasons clearly un- (Section 23 Hbuing AssIstance Payments proposed leasing to the ments of this program Is submitted for ap- related. to the Program) proval, the Authority will have funds avail- Family. c. This unit Is made availabIl. managed. "The following additional Leas_ provisions able for a Housing Assistance Payments Con- are Incorporated in full In the Lease betwee tract with the owner; however, the Authority and operated regardl- of race, color., religion, creed, sm or national origin. ------. _. (L .zor) and is under no. obligation to, the Family, to any (Lessse) for the following dwelling unit: owner or to any other person to approve any 3. Securitr and Utility DePosit3. The Fam- . In case of ay ------.-. as- submitted lease, nor does the Authority incur ily [] will Z will not require Authority conflict batweon these and ny other provi- and,'or utiUty do- any liability by reason of Issuing this Cer- sistance to pay security the Lcase, thesse provisions shall se- slon3 of tificate. Approval of any lease will be at the posits. The amount of Owner'a required prevail. Authority's sole discretion and subject. to curity deposit (not to, exceed one moath'a "a. Of the total rent (S _.... per availability or funds. rent) Is . The amounts of the re- utility deposits are: month). 8____ iall be payable by the 5. Condi tons. The Famfly agrees to per- quired Authority (IM) as housing'- sast- form all its obligations under the Housing Housing Deposit to ------0 ------paymnta on behalf of the Le--see and the ance Assistance Payments Program. Including (Insert name of utility company) Le ze. provide such income in- s _ shall be payable by the obligations to (a) Theso amount sha be sublect to changby as may be required Deposit to ------formation and records reson or changes in the family income or of the program, (b) (Insert name of utility company) in the administration compostion, as determined by the 1.l.A. inspections of its dwelling unit at .permit 4. Authority Detcrmination. The Omer of the date stated in a notifica- reasonable times after reasonable advance effective and the Family understand that the Author- tion of such change by the IEA to the Lessee notice, and (c give- at least 30' days notice ity will notify them. as to whether or not to the Authority of the Family's intention to the proposed lease is appro.'able within the and-. sr. v=cate the unit. tme- period specified In paragrph 4 of the "b. The Lrr-or shall provid2 the follo-wing- 6. Equal Iiousing Opportunity. If the Certificate of Family Participation. rervices (including security) and rantne- Family has reason to believe that, in its nance: search for suitable housing, it has been dis- Ifm cecify al s1ervice to be pravided by (Date) (O7ner) Include all cervices criminated against on the basis of rame, color. BY: the Lesor. which shall creed, sex, religion, or national origin. It may cutomarily uppie to,tenants of thls. type file a complaint with the HUD Regional Of- (Signature) of housing in the locality. In prep-ring' thLi fice. Fair Housing Complaint Forms (form Mt, the provsion5 contained In form HUD- HUD 903) are' available from this Authority. 0(Date) (Sinaure of Family 62l03A. Gade' for Lea se Provisions for 7. Expiation Pate. A request for Lease Representative) Malntenance and Security Servic, shall be Approval may be submitted to this Authority include- except to the' extent mcdli2nLcat- no later than ------(60 days from the (Presnt Address vre appro=ed by tn_ LA.] date of this Certificatey. If a Request Is not of Family) "a. The Lessoar shall not evict the. Le7se submitted by-such. date, this Certificate shall unless the Lesor complies vith the reluir- expire unless. extended by the Authority in menta of lcal1 I=.,. if any. and of ths provi- writing. (Tebe sent to the Owner and l-amlly) don. The Lessor chall Give the Les-e uit- ten. notice of the pwopscd evIction. stain; (Check applicable box.) the [grounds and advisiL-n_ "Lase thsat ke (Date) (Name of LocalHousing [] 1. Approral. qhs Authority hereby ap- has 10 d-y C(or uch greater number. if any. Authority), proves the propozed leaso between that may he required by locaL Isa) wilhin BY: (Family) and v.hlch to respand to the Lessor. Because the (Signatpre and Title) (Owner) for the dwelling unt located at Lezor must obtain the LHA's authorfstlon ...... Returned here------for an eviction, a copy' of the notice shall b (street address and apart- furnished alnlultaneausly to' the L E and (Date) (Signature of Family ment number, if any) Representative) the notice- hall alzo. state that the Ze-ae with are (a) the proposed lre completed na. within the came time periodL preent; by the Authority with re-pect to the portion his objections to the LH& In vu=iting or in (Present.Addresso of the monthly lease rental which the Fam- persOn. The LH& shall for0thwith exain2 the ily shall be obligated to pay to the Ov.wner, grounds for eviction and shall authorize the Enter the applicable fair market rent for and (b) two copies of a Housing Assistance eviction unless It finds the grounds to be the unit size specified in item 2. " Payments Contract completed by this Inauftlelent, under the Lease. The LHA shall

FEDERAL REGISTER, VOL 39, NO. 93--tONDAY, MAY 13, 1974 17198 RULES AND REGULATIONS

notify the Lessor and the Lessee of its de- to lease the unit (hereinafter called the with the provisions of this Contract, the termination within 20 days of the date of "Owner"), and ------LHA shall pay to the Owner the amount receipt of the notice by the Lessee, whether ("LEA"), a public body, corporate and poli- requested. or not the Lessee has presented objections to tic, organized and existing under and by (2) If the Owner receives any excessive the LEA. virtue of the laws of the State of payment, the LHA, in addition to any other "d. The Lessor shall not discriminate rights to recovery, may deduct the amount against the Lessee in the provision of serv- The Owner and the LEA agree as follows: from any subsequent payment or payments. the grounds (3) The Owner's monthly requests for ices, or In any other manner, on 'ART I of race, color, creed, religion, sex, or national housing assistance payments shall be made origin. - 1.1. Purpose of contract, a. The LEA hereby subject to penalty under 18 U.S.C. 1001, "e. This Lease has been signed by the par- agrees to make housing assistance payments which provides, among other things, that ties on the condition that the LA will on behalf of (name of family) ("Family") whoever knowingly and willfuly meal:es or promptly execute a Housing Assistance Pay- for the following described dwelling unit - uses a document or writing containing any ments Contract with the Lessor. Accordingly, unit"), to-("assisted enable the false, fictitious, or fraudulent statement or this Lease shall not become effective unless Family to lease decent, safe, and sanitary entry, in any matter within the jurisdiction the LHA has executed such Contract by the housing pursuant to Section 23 of the United of any department or agency of the United first day of occupancy specified In the Lease. States Housing Act of 1937. States shall be fined not more than $10,000 b. The assisted unit is to be leased by the or imprisoned for not more than five years "Lessor ------Lessee or both. Date------Owner to the Family for use and occupancy by the Family solely as a private dwelling. 1.3. Maintenance, operation and Inpco- By ...... Date...... ton. 1.2. Housing assistance payments. a. The a. The term "Premises", as used In this GUIDE FOR LEASE PROVISIONS FOR MAINTENANCE that the Family can Contract, means the dwelling unit leased by LEA has determined and AND SECURrrT SERVICES afford to pay $------. per month toward the Family and areas, facilities grounds by the Owner. The LEA which are for its benefit or use. The following provisions shall be included the rent chargeable and will pay on behalf of the Family a housing b. The Owner agrees (1) to maintain by an owner among lease provisions regard- operate the Premises so as to provide decent, assistance payment in the amount of $ ------.ing maintenance and security services for safe, and sanitary housing, and (2) to pro- units to be leased to families participating which represents the difference between the rent chargeable by the Owner and that por- vide all maintenance and cervices as con- In a Section 23 Housing Assistance Payments tained In the Lease. If, at any time during Family. The Program. Subject to the approval of the LEA, tion of said rent payable by the the term of this Contract, the Owner falls amount of housing assistance payment and items which are not customarily provided for to comply with the obligation in (1), hes- this type of housing in the locality may be the amount of rent payable by the Family tg assistance payments on behalf of the subject to change by reason of excluded. shall be Family shall be wholly abated and If the or composition, The Lessor shall provide the following serv- changes in the Family Income Owner falls to comply with the obligation IEA, effective as of ices (including security) and maintenance: as determined by the in (2), housing vasstanco payment on be- a. Custodial services (including, but not the date stated in a notification of such half of the Family shall be abated In whole the Family and Owner. limited to, cleaning of hallways, garbage change by the LEA to or In part. Any abatement under this para- storage areas, and all common areas, and However;, any increase in the amount pay- graph b shall be effective upon written noti- provision of an adequate supply of trash and able by the Family shall be offset'by a cor- fication to the Owner, and shall continue garbage storage equipment, and/or adequate responding decrease In the amount of hous- until such time as the obligation is complied trash and garbage disposal); ing assistance payment; and any decrease with. The LEA shall promptly notify the b. Grounds maintenance (including, but In the amount payable by the Family shall Family of any such abatement. not limited to, exterior custodial services and be offset by a corresponding increase In the c. The LHA will inspect, or cause to be maintenance of lawns and outdoor plantings, amount of housing assistance payment, but inspected, at least annually, the Promises including lawn cutting and reseeding); not in excess of the amount available with to determine that they are n decent, cafe, c. Prompt response to Lessee service calls respect to this assisted unit out of the aggre- and sanitary condition. (including, but not limited to, calls with re- gate amount pledged in the Annual Con- tributions Contract (ACC) for all dwelling 1.4. Term of contract. The term of this spect to refrigerators, ranges, plumbing, Contract shall be ------. The Contract heating, electrical and hot water fixtures and units under the ACC (see Section 2.3(b)). b. Housing assistance payments shall be shall terminate upon expiration or termina- systems, and broken, stuck, or damaged tion of the Lease and shall be subjeot.to doors, screens or windows); made by the LHA to the Owner, under the terms and conditions of this Contract, only termination in accordance with the provi- d. Repainting and redecorating dwelling this Contract. for the period during which the assisted unit sions of Section 2.5 of space and non-dwelling space surfaces on the .1.5. Eviction. The Owner shall not evict following basis: [to be specified in the is leased by the Family under the lease for the Family unless the Owner complies with lease]; the dwelling unit approved by the LEA e. Prompt replacement of light bulbs and ("Lease"). Should the Family vacate its unit the requirements of local law, If any, and other lighting equipment In common (in- in violation of the provisions of its Lease, of this Section. The Owner shall give the cluding outdoor) areas; the Owner may continue to receive housing Family a written notice of the proposed evic- the f. Exterminating services on a regularly assistance payments In accordance with the tion, stating 'the grounds and advising scheduled basis, as follows: [to be specified terms of the Contract, not beyond the term Family that it has 10 days (or such greater of the Lease, but only If the Owner (1) im- number, If any, that may be required by in lease]; to g. Where applicable, removal of snow and mediately upon leasing of the vacancy, has local law) within which to respond the ice from walkways, exterior stairs, and park- taken all feasible action to fill it, Including, Owner. The Owner must obtain the LEA'a ing areas on a timely basis; but not limited to, contacting families on authorization for an eviction: accordingly, h. Repair of walkways and parking lot his waiting list, requesting the LEA to refer a copy of the notice shall be furnished simul- surfaces; eligible families, and advertising the availa- taneously to the LEA, and the notice shall L Where applicable, repair of garbage dis- bility of the unit; (2) has promptly (within also state that the Family may, within the posals, dishwashers, air conditioners, and 30 days of the date the Family vacated the Same time period, present its objections to laundry equipment; unit) notified the IA of the vacancy; and the LHA In writing or In person, The LEA J. Where applicable, regular maintenance (3) has not rejected, except for good cause shall forthwith examine the grounds for and prompt repair of elevators, incinerators, acceptable to the LEA, any substitute family eviction and shall authorize the eviction compactors, and laundry equipment and provided by the LE.A. unless it finds the grounds to be insufficient facilities; c. Neither the LTA nor the United States under the Lease. The LEA shall notify the k. Security services and equipment [to be of America, (hereinafter referred to as the Owner and the IFamlly of Its determination specified in the lease]. "Government") has assumed any obligation within 20 days of the date of receipt of the NoTE: Appendices VII and VII, which re- whatsoever for the amount of rent payable notice by the Family, whether or not the late to internal HUD processing procedures, by the Family or the satisfaction of any Family has presented objections to the IMA. are not Included heroin, but do appear In the claim by the Owner against the Family. The 1.6. Owner-family Jkas. The Lease between HUD Existing Housing Handbook. financial obligation of the LEA is limited the Owner (Lassor) and the Family (Lessee) to making housing assistance payments on shall tontain the following provisions: APPENDIX Ix-HUSImG ASSISTANCE PAymENTS behalf of the Family In accordance with this "ADDENDUM TO LEASE CONTRACT Contract. "The following additional Lo provisions This Housing Assistance Payments Con- d. (1) The Owner shall submit a monthly are Incorporated in full in the Lease between tract ("Contract") Is made and entered Into request to the LUA for the housing assist------.. (Lessor) and ------day of ,--19-_ ance payment. Upon the determination of ------on this (Lessee) for the following dwelling unit: ------thb-I&A that the hmount of the request is by and between In case of any conflict between ------. the person or entity having the legal right correct and that the Owner is n compliance

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17199 these and any other provisions of the Lease. fraudulent statement or entry, in any matter any remedies available by law to redress any these provisions shall prevail. within the jurisdiction of any department breach thereof or to compel compliance "a. Of the total rent ($ ------per or agency of the United States. shall be fined therewith by the Owner. month), $ ------shall be payable by the not more than $10,000 or Imprisoned for not 2.2. Cooperationin equal opportunity corn-' Housing Authority (TLA) as housing assist- more than five years, or both. pliance re iews. The LEA and the Owner ance payments on behalf of the Lessee and b. The Government has determined that shall cooperate with the Government in the $ ------shall be payable by the Lessee. satisfactory commitments have been made conducting of compliance reviews and com- These amounts shall be subject to change for the funding of relocation costs pursuant plaint invesgatlons pursuant to all ap- by reason of changes in the family Income to the Uniform Relocation Acsistance Real plicable civil rights statutes, Executive Or- or composition, as determined by the LHA, Property Acquisition Policies Act of 1970, as ders., and rules and regulations pursuant effective as of the date- stated in a notifica- follows: thereto. tion of such change by the LEA to the Lessee c. If paragraph b Is inapplicable, the 2.3. Annual Contributons Contract and Lessor. Owner agrees to hold harmlecs and to indem- a. The LEA has entered into an Annual nify the LHA for any cost incurred under Contributions Contract dated Ib. The Lessor shall provide the following with the Government, with respect to Project services (including security) and main- Said Act in connection with vacation of rald units, and the Owner further agrees that No. ("ACC"), under which the Gov- tenance: the LHA shall have the right to be reim- ernment will provide financial assistance to [Here specify all services to be provided bursed for any such costs by withholding the LHA pursuant to Section 23 of the United by the Lessor, which shall include all serv- from housing assistance payments payable States Housing Act of 1937, for the purpose of ices customarily supplied to tenants of this to the Owner. maklg housing assistance payments, which type of housing in the locality. In preparing 1.8. Entire Agreement. This Contract, In- ACC shall be provided by the TEA to the this list, provisions contained in form HUD- cluding Part II hereof, contains the entire Owner upon request. for Lease Provisions for Main- 52505A, Guide agreement between the parties b. The LEA hereby pledges such annual be in- hereto, and tenance and Security Services, shall neither party Is bound by any representa- contributlons payable under Section 1.3(b) cluded except to the extent modifications tions or agreements of any kind except as (1) of Part I of the ACC to the payment of are approved by the LIA.] contained herein, No chpanges in this Con- housing assistance payments pursuant to this "c. The Lessor shall not evict the Lessee tract shall be made except in writing signed and other Housing Assistance Payments Con- unless the Lessor complies with the require- by both the Owner and the LEA. , tracts entered into as a part of said Project. 2.4. LA and gorernment access to prem- ments of local law, If any, and of this pro- 1.9. Legal interest. The Owner warrants ises and oner's records. Te Owner shall vision. The Lessor shall give the Lessee a that he has the legal right to execute this permit the LU& and the Government, or any written notice of the proposed eviction, stat- Contract and to lease the dwelling unit ing the grounds and advising the Lessee that of their duly authorized representatives, to covered by this Contract. he has 10 days (or such greater number, If have access to the Premises and, for the pur- any, that may be required by local law) Local Housing Authority pose of audit and examination, to have access within which to respond to the Lessor. Be- to any bodk. documents, papers andrecords cause the Lessor must obtain the LHA's au- By: of the Owner that are pertinent to compli- thorization for an eviction, a copy of the Owner: --- ance with this Contract, including the verifi- notice shall be furnished simultaneously to By: cation of information pertinent to the the LEA, and the notice shall also state that monthly requests to the LEA for housing SECTION 23 HUoSIN ASSISTANCE PAI'RnM the Lessee may, within the same time period, assi-tance payments. present his objections to the LEA in writing rRoGRAM EXSTNGo HOUSING 2.5. Default by the owner. a. A Default by or in person. The LHA shall forthwith ex- HOUSING ASSISTANCE PArMENTS CONTaACT- the Owner under this Contract shall result amine the grounds for eviction and shall PART H If: authorize the eviction unless it finds the (1) the Owner has violated or failed to 2.1 Nondiscrimination in housing, a. grounds to be insufficient under comply with any provisions of this Contract the Lease. Nelther the Owner nor the LHA sbhall. in the The LHA shall notify the Lessor and the or of the Owner-Family Lease; or selection or approval Lessee of its determination of Families, in the pro- (2) the Owner has failed to perform any within 20 days vision of services, or In any other manner, of the date of receipt of the notice by the of Its obligations under this Contract or un- discriminate against any person on the Lessee whether or not the Lessee has pre- der the Owner-Family Lease; or grounds of race, color, creed, religion, sM sented objections to the LEA. or (3) the Owner has asserted or demon- national origin. No person shall be auto- "d. The Lessor shall not discriminate strated an intention not to perform some or matically excluded from participation in or all of his obligations under this Contract or against the Lessee in the provision of serv- be denied the benefits of the Housing Assist- ices, or in any other manner, on the grounds under the Owner-Faily Lease. ance Payments Program because of member- b. Upon the determination by the LTEA of race, color, creed, religion, sex, or na- ship in v class such as unmarried mothers, tional origin. that a Default has occurred, the LEA may recipients of public assistance, etc. notify the Owner that the LEA is terminat- "e. This Lease has been signed by the b. The Owner shall comply with all re- ing the Contract effective 30 days from the parties on the condition that the LEA will quirements Imposed by Title V111 of.the Civil date of notice, unless within that promptly execute a Housing Assistance Pay- period the Rights Act of 1968, Public Law 00-284, 82 Owner cures any non-compliance, ments Contract with the Lessor. Accordingly, or initiates Stat. 73 and any rules and regulations pur- corrective action which will cure this Lease shall not become effective unless a course of suant thereto. within such minimum the LEA has executed such Contract by the the non-compliance c. The additional time as may first day of occupancy specified in the Lease. Owner shall comply with all re- be necessary and quirements lmposed by Title VI of the Civil agreed to by the LEA, If the LEA so notifies "Lessor ------Lessee ------Rights Act of 1064, Public Law 88-352, 78 the Owner, it rhall also send a copy of such By ------Date ------Stat. 241; the regulations of the Department notice to the 1aminy, together with informa- Date ...... of Housing and Urban Development Isued tion regarding continued assistance. thereunder, 24 CPR, Subtitle 2.0. Remcdie not exclusi e and 2on-walrer 1.7. Relocation certification. a. A, Part 1. Sec- The Owner tion 1.1, et seq.; the requirements of' hereby certifies said of remedies. Any remedy provided for herein that the dwelling unit was 'Department pursuant to Said regulations; vacant on the date that he executed the shall not be exclusive or preclude any party and Executive Order 11063 to the end that, from exercising any other remedy available Request for Lease Approval with the Family. in accordance with that Act, the regulations under this Contract or If the unit was not vacant on that under any provisions date, and requirements of said Department thereof law, nor shall any action taken in the ex- the Owner hereby certifies that It was or under, and said Executive Order, no person In ercise of any remedy be deemed a waiver will be vacated (check applicable box): the United States shall, on the ground of of any other rights or remedies available to as a result [ of voluntary decision of oc- race, color, creed, religion or national origin. the parties. Failure on the part of any party. cupant, be excluded from participation in, or be to exercise any right or remedy as a shall not 5 result of action by Owner for cause, denied the benefits of, the Housing Assist- constitute a waiver of that or any other right or ance Payments Program, or be otherwise sub- or remedy, nor operate to deprive any party 0 for reasons clearly unrelated to leasing jected to discrimination. This provision is of the right thereafter to take of the unit by the Family under the any remedial Included pursuant to the regulations of the action for the sam or any subsequent Housing .Assistance Payments Program, Department of Housing and Urban Develop- default. and the Owner further certifies that the ment, 24 CER, Subtitle A, Part 1, Section 13, 2.7. Disputes. a. Except as otherwise pro- specific circumstances were as follows: et seq.; Issued under Title VI of the aid Civil vided herein, any dispute concerning a ques- Rights Act of 1964, and the requirements of tion of fact arIsing under this Contract This certification Is made subject to pen- said Department pursuant to Said regula- which Is not disposed alty under 18 U.S.C. 1001, which provides, of by agreement of the tions; and the obligation of the Owner to LHA and Owner may be submitted among other things, that whoever knowingly by either, comply therewith inures to benefit of the party tO the US. Department of Housing and or willfully makes or uses a document or Government, the said Department, and the Urban Development field oMce director who writing containing any false, fictitious, or LHA any of which shall be entitled to Invoke shall make a decision and shall Yan or

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY MAY 13, 1974 17200 RULES AND REGULATIONS otherwise furnish a written copy thereof to consent of the LEA. The assignment by the $ ------2 to the Housing Authority o the Owner and the L Owner of the Contrict to a limited partner- a first installment toward repayment of the b. The decision of the field office director ship of which the Owner Is the general total amount for security and/or utility de- shall be final and conclusive unless, within partner shall not be considered an assign- posits stated in item 1 above, leaving a bal- 30 days from the date of receipt of such copy, ment herein. ance of $------either party malls or otherwise furnishes to b. For the purpose of this Section, a trans- 3. The Family agrees to repay the otated the field office director a written appeal ad- fer of stock in the Owner in whole or in part balance by paying monthly in.talhments of dressed to the Secretary of Housing and by a party holding-ten percent or more of the $ ------to the Lessor acting on be- Urban Development. The decision of the Sec- stock of said Owner, or a transfer by more half of the Housing Authority. These pay- retary or his duly authorized representative than'one stockholder or the Owner of ten ments shall begin on the first day of the for the determination of such appeals shall percent or more of the stock of said Owner second month of the le-wo, and they shal be be final and conclusive, unless determined by or any other similarly significant change in a court of competent Jurisdiction to have the ownership of such stock or in the rela- In addition to the Family's regular monthly been fraudulent, or capricious, or arbitrary, tive distribution thereof in or with respect rental payments to the Lessor. or so grossly erroneous as necessarily to im- to the parties in control of the Owner or the 4. The Lessor agrces to collect from the ply bad faith, or not supported by substan- degree thereof, by any other method or Family the monthly amounts specified in tial evidence. In connection with any appeal means, whether by increased capitalization, Item 3 above and remit them to the Housing proceeding under this Section, the appellant merger with another corporation, corporate shall be afforded an opportunity to be heard or other amendments, issuance of new or Authority, with the understanding, however, and to offer evidence in support of his ap- additional stock or classification of stock or that failure on the part of the Family to pay peal. Pending final decision of a dispute otherwise, shall be deemed an assignment, such amounts shall not affect the LLzsor'u hereunder, both parties shall - proceed conveyance, or transfer with respect to'this diligently with the performance of the Con- rights to housing assistance payments other- Contract. The Owner agrees to notify the wise payable to him by the Housing Au- tract and in accordance with the decision of LEA promptly of any such proposed action the field office director. thority. d. This Section does not preclude consid- and to request the written consent of the eration of questions of law in connection LHA in regard thereto. The Owner and the with decisions rendered under paragraphs a party signing this Cbntract on behalf of said (Signature of LHA (Date) and b of this Section; Provided, however, that Owner, represent that they have the au- Representative) nothing herein shall be construed as making thority of all of the existing stockholders of final the decision of any administrative offi- (Da--) cial, representative, or board-on a question of the Owner to agree to this paragraph oi be- (Signature of the law. half of said stockholders and to bind them Family Head) 2.8. Interest of members, officers, or em- with respect thereto. ployees of LHA, members of local governing (Date) body, or other public officials. No member, NoTE: Appendix X Is not included herein (Signature of the Lessor officer, or employee of the LEA, no member but does appear in the HUD Existing Housing Representative) of the governing body of the locality (city Handboojc. and county) in which the Premises are Effective date. These regulations shall situated, no member of the governing body APPENDIX XI-SEcuR= DEPosrr AGREEMENT be effective on May 13, 1974. of the locality in which the LEA was 1. The ------Housing Authority activated, and no other public official of such SHrLDON B, LuBAn, agrees to pay on behalf of the family headed Assistant Secretary for Housing locality or localities who exercises any func- by ------, herein referred to as the tions or responsibilities with respect to the Family, the following amounts as. security Production and Mortgage Premises, during his tenure or for one year deposits in connection with the leasing by Credit-FHA Commissioner. thereafter, shall have any Interest, direct or said Family of a dwelling unit from ------indirect, in this Contract or in any proceeds [VR Doc.74-10876 Filed 5-10-74;8,45 am] or benefits arising from it. (Name of Lessor) 2.9. Interest of member of or delegate to ------"Insert an amount equal to the levor of Congress. No member of or delegate to the Deposit to Lessor $ (a) one-twelfth of the Total Amount of Congress of the United States of America or Deposit to ------$ Deposits stated in Item 1 above or (b) one resident commissioner shall be admitted to Deposit to ------1 $ Total ------month's gross family contribution. any share or part of this Contract or to any amount of deposits $ a Insert monthly amount to be paid by the benefits which may arise therefrom. 2Insert name of each utility company to Family, generally In the amount of one- 2.10. Nonassignabititj.a. The Owner agrees which deposit is paid. eleventh of the balance due. However, thl that he has not made, and will not make any amount may subsequently be adjusted by sale, assignment, or conveyance or transfer 2. On or before the effective date of the the Housing Authority by reason of changes in any other form, of this Contract, or any lease to be entered into between the Family in Income or rent-paying ability of the Fam- of his interest therein, except with the prior and the Lessor, the Family agrees to pay fly by amendment of this Agreement.

MERL. HOISTER. VOL 39. NO.93-MONDAY. MAY 13.3974 MONDAY, MAY 13, 1974 L7!1 WASHINGTON, D.C. Volume 39 X Number 93

PART IV

ENVIRONMENTAL PROTECTION AGENCY

AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING AGENCIES

Interim Grant Regulations

No. 93-Pt. IV-1 17202 RULES AND REGULATIONS Title 40-Protection of Environment for 208 planning in nondesignated areas. Sec. Funds provided under section 106 of the 35.1056 Review, certification and approval CHAPTER I-ENVIRONMENTAL of grant application. PROTECTION AGENCY Act, however, may be used for this 35.1056-1 State review and certification of purpose. applications from areas desig- PART 35--STATE AND LOCAL The regulations also provide for the nated by the governor(s). ASSISTANCE involvement of the States in the grant 35.1056-2 State comments on applicatlon Subpart F-Grants to Designated Areawide applicatior process and in the develop- from areas designated by local Waste Treatment Management Planning ment and review of the 208 plan. It was omicalo. Agencies; Grant Applications; Grants; 35.1056-3 EPA review and approval. felt that to have a useful areawide waste 35.1057 Amount of grant. Plan Content and Approval treatment management plan, the local 35.1058 Period of grant. INTERMI REGULATIONS planning effort should be closely coordi- 35.1059 Payments. nated with the overall State planning 35.1059-1 Establishment of initial fund. The following regulations are promul- effort. 35.1059-2 Request for replenishment of gated as interim regulations by the En- In -addition, the interim regulations funds. vironmental Protection Agency. These require that the planning agency make 35.1059-3 Federal retention of grant funds, regulations set forth the procedures for. 35.1060 Reports. provisions for an Areawide Planning 35.1081 Suspension and termination of providing grants to approved designated Advisory Committee which must include for the develop- grant. planning agency(igs) representatives of the State and public 35.1062 Allowable coots. ment and operation of a continuing and may include representatives of the 35.1063 Submission of the plan. planning process intrinsic to the develop- U.S. Departments of Agriculture, Army 85.1063-1 Plans for intrastate areas. ment of an approvable areawide waste and the Interior and such other Federal 35.1063-2 Plans for interstate areas. treatment management plan and provide and local agenicies as may be appropriate. 35.1064 Areawildo waste treatment man- criteria for the designation of manage- agoment Planning: Content and ment agencies to carry out the plan. The With respect to the facilities planning outputs. regulations also specify the supporting conducted during the development of an 35.1064-1 Content of areawildo waste treat- data needed in a grant application as areawide waste treatment management ment management plan. plan, the regulations provide that gener- 35.1064-2 Revisions of plans. well as to the content and output of the ally such planning for construction an- 35.1065 Authority of States for non-point areawide plan to be developed. Due to source plannig in designated the fact that area and agency designa- ticipated within the five year period fol- plan must be areas. tions are in the process of being approved lowing approval of the 35.1066 Designation of management agen- and grant applications from the approved accomplished within the scope of the 208 cles. designated agencies are imminent, these planning process and within the scope of 35.1066-1 Intrastate planning areas, regulations are hereby adopted as In- the 208 grant assistance provided that 35.1066-2 Interstate platining areas. terim. Interested parties and government detailed engineering shall be required 35.1067 EPA review of plan and deslgna- only to the extent deemed necessary by tion of management agencies, agencies are encouraged to submit writ- 35.1067-1 Submittal of certified plan and ten comments, suggestions or objections the EPA Regional Administrator. How- ever, where facilities planning has been designatio of propoed man- to the Director, Grants Administration agement agency(les). Division, Environmental. Protection initiated and is substantially underway 35.1067-2 Dual approval required. Agency, Washington, D.C. 20460. All at the time of award of a-208 grant, such 35.1067-3 Review and approval of plan. comments, suggestions or objections re- planning may be continued and incor- 35.1067-4 Review and approval of waste June 27, 1974 will be porated in the areawide waste treatment treatment management agen- ceived on oil before management planning process and plan. cies. considered. 35.1068 Disputes. The purpose of section 208 of the Fed- Where the Regional Administrator determines that Step 1 construction grant 35.1070 Annual update of plan [ReI- eral Water Pollution Control Act Amend- assistance should be utilized for facil- served]. ments of 1972 (the Act) is to encourage 35.1080 Grants for update of plan IRe- and facilitate the development and im- ities planning activities during the 208 served]. planning process he may award Step 1 plementation of areawide waste treat- grant assistance for such facilities plan- AuToirT,: See. 208, Federal Water Pollu- ment management plans at the local level tion Control Act Amendments of 1972. in designated areas, and by the State ning, provided that such planning does not duplicate any work funded by the Subpart F-Grants to Designated Areawldo outside such areas. Regulations for area 208 grant. The designated planning and agency designations (40 CFR Part Waste Treatment Management Plannlng 126) were promulgated on September 14, agency must be afforded opportunity to Agencies; Grant Applications; Grants; 1973, in accordance with section 208(a) comment prior to award of.any Step 2 Plan Content and Approval or Step 3. construction grant assistance § 35.1050 Purpose. of the Act. within the designated 208 area during Section 208 establishes a mechanism the 208 planning process. Upon approval The purpose of section 208 of the Fed- for intensive water quality/waste control of the 208 Plan, no construction grant eral Water Pollution Control Act Amend- planning and management. Through assistance may be awarded within the ments of 1972 is to encourage and facili- the Federal assistance provisions, funds 208 area until the project has beei tate the development and implementa- are provided to assist local areas in ad- brought Into conformity with such plan. tion of areawilde waste treatment man- dressing in a sophisticated manner difl,- agement plans at the local level. This cult urban/industrial and nonpoint Effective date: May 13, 1974. subpart supplements the EPA general water quality problems that can- source JOHN QUARLES, grant regulations and procedures (Part not be solved through the application of Acting Administrator. 30 of this chapter) and establishes and statutory base level effluent limitations. MAY 7, 1974. codifies policies and procedures for Under the interim regulations and In grants to an approved planning agency, Subpart F-Grants to Designated Areawide Waste accordance with sections 208(f) (1) of Treatment Management Planning Agencies; upon approval of applications, for the the Act, funds will be provided to desig- Grant Applications; Grants; Plan Content and development and operation of a continu- nated local planning agencies for a pe- Approval riod of up to 24 months to develop an Sec. ing planning process required for the initial plan for a designated area with 35.1050 Purpose. development of an approvable areawido concurrent further development of the 35.1051 Authority. waste treatment management plan. 35.1052' Allocation and allotments. planning process. For obligations made § 35.1051 Authority. during FY 1974 and FY 1975, the Federal 35.1053 Eligibility. 35.1054 Applications. These provisions for grants to support share shall be 10O.percent of thb eligi- 35.1054-1 Preapplication requirements. ble costs of the project. 35.1054-2 Appllcation requirements. the development and operation of an Planning grants under section 208 of 35.1055 Revision or amendment of ap- areawide waste treatment management the Act will not be awarded to States plication. planning process are issued under sect-ion

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17203 208 of the Federal Water Pollution Con- area is located. Each certification, or re- (5) Detailed schedule showing required trol Act Amendments of 1972. fusal thereof, shall Include a statement interrelationships of work to be accom- § 35.1052 Allocations and allotments. that the State has reviewed the applica- pished and anticipated dates of coin- tion and finds: (I) That the proposed pletlon; (a) Upon approval of a planning area work complies or does not comply with all (6) Detailed cost and resource budget, and agency designation pursuant -toPart State requirements, including any appli- including work to be done under contract 126 of this chapter, there will be reserved, cable 303(e) plan(s) prepared under 40 or by Interagency agreement; for subsequent Issuance to the Regional CFR Part 131; (2) that the proposed (7) Proposed disbursement schedule Administrator, an amount of contract planning work program is or Is not ade- with specific progress milestones related authority estimated to cover the reason- quate and necessary to accomplish the to disbursements: able cost of the continuing planning development of a plan under Section 208; (8) Description of how compatibility process for a designated area. (3) that, insofar as Is lmown, the plan- with applicable plans prepared or in (b) Upon completion of review and ning will or will not duplicate any work preparation under sections 209 and 303 negotiation of a grant'application for which has been done or s being done to (e) will be attained; and the continuing planning process for a meet the facilities planning requirements (9) Description of the procedures to be designated area, and at such time as of §§ 35.917-35.917-9: and (4) that the followed in assuring adequate public par- the Regional Administrator is pre- State either certifies or does not certify ticipation during the plan development, pared to make a grant award, the that the grant application should be ap- review and adoption In accordance with Regional Administrator shall request an proved by EPA. Part 105 of this chapter. Advice of Allowance authorizing the obli- (b) Evidence that all requirements of (g) A statement that the planning gation of contract authority to cover the OMB Circular No. A-95 have been met. process will develop systems for preven- amount of the negotiated grant agree- (c) A statement by the applicant that tion of degradation of surface and ground ment. In no case will a grant agreement the proposed activity is cbnsstent with vwater quality In the area in accordance be executed before an Advice of Allow- and will be in coordination with other with the requirements of the Act and ance is issued. environmental plans (which Include land with the applicable FederaI/State water use plans) and has been coordinated with quality standards. § 35.1053 Eligibility. related planning and development that is An applicant agency must be the agency being done under other Federal assist- § 35.1055 Revision or amendment of designated by the Governor or appropri- ance programs and any State and local application. ate local officials in conformance with programs which affect the designated If. In the judgment of the applicant §§ 126.11 or 126.16 of this chapter and area. or the EPA Regional Administrator, approved by the Administrator as the (d) A statement by the applicant that substantial changes have occurred which official areawide waste treatment man- provisions have been, or will be, made for warrant revision or amendment, the ap- agement planning agency for the area an Areawide Planning Advisory Commit- plication shall be revised or amended and and must agree to develop- a plan and tee which must include repersentatives submitted for review in the same manner a continuing planning process meeting of the State and public and may include as specified for the original application. the requirements representatives of this subpart for the of the U.S. Departments § 35.1056 Review, certification and ap- entire designated area. of Agriculture, Army and the Interior proval or grant application. § 35.1054 and such other Federal and local agencies Applications. as may be appropriate in the opinion of t 35.1056-1 State review and certifica- § 35.1054-1 Preapplication Require- EPA, the State(s) and the applicant tion of applications from areas des- ments. agency. ignated by the Governor(s). Any agency applying for an areawide (e) A statement by the applicant that (a) Intrastate planning areas. The waste treatment management planning the planning process will become fInan- State reviev.ing agency designated by the grant shall: cially self-sustaining and provide for an- Governor shall, within 45 days after re- (a) Comply with all applicable require- nual update of the plan once the initial ceipt of the application, review the ap- ments of Office of ,Management and plan is developed and approved. plication and either certify or refuse to Budget (OMB) Circular No. A-95. (f) A work plan which contains the certify the application and proposed work (b) In the case of an area designated following: proramn as set forth in § 35.10541--2(a). (1) Description of the objectives by the Governor(s), the application and and Upon certification or refusal thereof, the supporting scope of the waste treatment manage- reviewing agency will either, at the ap-- data shall be submitted to the ment planning State agency(ies) designated by the Gov- process; plicant's direction, return the applica- ernor(s) as having review jurisdiction (2) Description of all work performed tion to the applicant for forwarding of over the planning area. In addition, in to date which will be uscd in the plan two copies to the appropriate EPA Re- such cases in interstate planning areas, development; gional Administrator, together with all the applicant shall submit the applica- (3) Description of the proposed plan- certiflcajons, or forward two copies of tion to the Governor of the State wherein ning process which will be utilized to (1) the application and certifications or re- the greatest portion of the population identify and evaluate feasible measures fusals thereof to the appropriate EPA within the planning area resides. to control point and nonpoint pollution Regional Administrator. If the applica- (c) In the case of an area designated sources, which measures may take into tionals not certified, the reviewing agency by the chief account all source location and review shall notify both the appropriate EPA elected officials, the appli- Regional Adminfstrator and tha application shall be submitted directly to the measures necessary to meet State im- appropriate Regional Administrator of 'plementation plan requirements in the cant as to the specific reasons for non- EPA and the appropriate Governor(s) area, (ii) select an integrated areawide certification and specify the changes shall be notified of the submission. plan to control these sources, and (Ill) which are needed for State certification establish an areawide management proof the application. § 35.1054-2 Application Requirement. gram (including financing) for plan (b) Interstateplanning areas. The ap- Applications to EPA shall be made in implementation; plicant shall submit Its application to the triplicate on such forms as- the Admin- (4) Description of any necessary action reviewing agency designated by the Gov- istfator may prescribe and shall include in the planning to be taken by agencies ernor of the State wherein the greatest the following substantiating data: other than the applicant and procedures p-rtion of the population resides. This to be used in coordination of such ac- revieving agency shall, within 15 days (a) In the case of an area designated of receipt of the application, forward by the Governor(s), a statement of certi- tivities. (Documentation of the accept- fication or refusal of certification ance by the affected, responsible agency coples of the application to the agency sub- deignated by the Governor(s) of each mitted by the chief official(s) of the re- of such required work or action shall be other State having jurisdiction within viewing agency(Jes) designated by the included and presented with the work the planning area. and shall serve as co- -Governor(s) of the State(s) wherein the plan.) ; ordinator for the bi- or multi-State re-

FEDERAL REGISiTER, VOL 39, NO. 93-44ONDAY, 1'MY 13, 1974 17204 RULES AND REGULATIONS view. Each State shall review the appli- § 35.1058 Period of grant. Incurred by activity related to the fol- cation and within 45 days provide the lowing shall be ineligible: State coordinating the review with its Federal assistance shall be for a budget period beginning the date of execution of (a) All costs incurred In development certification or refusal thereof as set of a grant application for an forth in § 35.1054-2(a). The coordinating the grant agreement and ending the date areawide which the plan is approved by the appro- waste treatment management planning State shall within 15 days forward two grant. of the application, supporting priate Regional Administrator or within copies 24 months, whichever period is less. (b) All costs incurred In sewer evalua- documents and all State certifications or tion surveys as required applicant for for- under § 35.927-2. refusals thereof to the § 35.1059 Payments. (c) All costs incurred in detailed warding to the appropriate EPA Regional § 35.1059-1 Establishment of initial sewer system mapping and surveys there- Administrator. In the event that one or fund. for. more States does not certify the appli- Payment will be made in advance to (d) All costs related to sewage collec- cation, each State refusing certification tbn systems at less than the trunk shall specify its reasons in writing and the grantee by the.establishment and at line z least quarterly replenishment of a fund level. advise the applicant through the coordi (e) All costs related to obtaining nating State, of the specific changes that shall be based on a negotiated or amount set forth in the grant agreement providing information for sewer systems needed to gain its certification. The co- other than the costs of determining the ordinating State, in turn, shall forward and which should not exceed 10 percent of the grant amount, unless a larger ini- following items in sufficient detail to such notice(s) of non-certification to make informed judgments on the cost ef- the applicant and the appropriate EPA tial percentage is necessary for the ac- complishment of the grant objectives. fectiveness of available alternatives: Regional Administrator. At the request tributary or service areas, routes, sizes, of all of the States involved and with the § 35.1059-2 . Request for replenishment capacities and flows, critical control approval of the appropriate Regional Ad- of funds. elevations required to show ability to ministrator(s), an existing, recognized, Requests for replenishment of funds serve tributary areas, lengths, staging, interstate agency may act in the coordi- major Impediments to construction, and nating role on behalf of those States. shall be made by the grantee on such form as prescribed by the Administrator. costs of construction and operation. Data § 35.1056-2 State comments on appli. Each request for replenishment of funds concerning lift stations shall be limited caions from areas designated by shall Include a statement on the status to location, size, energy requirements and local officials. of the project related to the approved capital and operating costs. (Costs of In all cases concerning applications in milestones set forth In the grant appli- gathering and analyzing information re- areas designated by locally elected offi- cation. If the project is behind schedule, quired for economic, environmental and cials, the State shall review and comment the statement should identify the specific social evaluations shall be eligible.) upon the application as provided for by tasks that have been delayed and give (f) All costs related to obtaining or OMB Circular A-95. the reasons for the delay. providing treatment works other than the costs of determining the following § 35.1056-3 EPA review and approval. § 35.1059-3 Federal retention of grant items in suffIcient detail to make In- funds. (a) EPA shall not accept for review for formed Judgments on the cost effective- the purpose of making a grant any in- In accordance with the provisions of ness of available alternatives: Location, complete application or an application § 30.602-1 of this chapter, an amount not site plot plan which shows adequacy of unaccompanied by all State certifications to exceed 10 percent of the grant award the site including provision for expan- o& refusals thereof which have been amount may be withheld for noncompli- sion, process flow diagram, Identification submitted. ance with a program objective, grant of unit process, type, number and size of (b) The Regional Administrator shall condition or reporting requirement. major units, capacities and flows, anticipated review the application and supporting § 35.1060 Reports. effect of treatment, staging and documentation to determine its compli- capital and operating costs and energy ance with the applicable requirements of Within 30 days following the end of requirements. (Costs of gathering and the Act and this subpart, the suitability each 6 month period after the effective analyzing information required for eco- of the proposed programs to successfully date of the grant, the grantee agency nomic, environmental and social evalua- meet the required outputs of section 208 shall prepare and submit for review by tions shall be eligible.) of the Act and this subpart and the EPA a semi-annual report of progress (g) All costs of special studies for the costs of the proposed program. and expenditures as compared to the specific benefit of individual, industrial (c) Generally within 45 days after scheduling of approved milestones In the or commercial establishments. receiving the application the Regional work plan. Lack of scheduled progress (h) All costs of activities which are Administrator shall: and other problems shall be fully primarily of a research nature. explained. (1) Award a grant to the applicant in § 35.1063 Submission of the plan. the amount that he finds meets the re- § 35.1061 Suspension and termination quirements of § 35.1057. of grant. § 35.1063-1 Plans for intrastate areas. No (2) Notify the applicant that the grant In accordance with the provisions of later than two. years after the application is deficient in one or more §9 30.902 and 30.903 of this Chapter, the planning process Is In operation, as evi- respects and specify in which ways the denced by award of a grant, three copies Regional Administrator may suspend or of application must be modified to receive terminate any grant awarded pursuant a plan and local governmental recom- EPA approval. Copies of such notifica- to this Subpart. mendations thereon, In accordance with tions will be forwarded to all concerned § 35.1064-1, shall be submitted to the Re- States at the time the applicant is noti- 5 35.1062 Allowable costs. gional Administrator through the State fled of EPA action. reviewing agency along with certification In general, eligible and ineligible costs of -shall be determined In accordance approval by the Governor of the State § 35.1057 Amount of grant. with wherein the area is located. The certifi- For grants awarded during § 30.701 of this Chapter and by demon- the fiscal stration that the type and degree of work cation document shall include certifica. years ending on June 30, 1974, and June tion that the State has reviewed the 30, 1975, is necessary for successful completion of plan the rate of Federal assistance the project, and that the costs are rea- and: furnished to a grantee shall be 100 per (a) Has found the plan to be in con- centum sonable with respect to the product or formance with of the EPA approved eligible service to be obtained. While costs In- the provisions of the and reasonable costs of developing or State basin plan(s) and the State Pro- modifying an Initial areawide waste curred as a result of following an approved work program would generally be gram prepared under section 100. and treatment management plan meeting the allowable, provided that they are not that the plan will be accepted as a de- requirements of this subpart and operat- prohibited elsewhere by Federal, State tailed portion of the State plans when ing an approved planning process. or local law, regulations or rule, the costs approved by EPA;

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 RULES AND REGULATIONS 17205 (b) Has found the plan to be inter- mini ttor an areawide waste treatment (I) A process to (1) identify construc- nally consistent with the water quality management plan consistent with this tion activity related sources of pollution, control needs of the area; Subpart and the applicable require- and (2) set forth procedures and meth- (c) Has found the plan consistent with ments of § 35.917 to 35.917-9. The plan ods (including land use requirements) to all State and local legislation, regula- shall include: control to the extent feasible such tions or other requirements or plans re- (a) An Identification of the antici- sources; garding land use and protection of the pated municipal and Industrial treat- (J) A process to (1) identify, if appro- environment; ment works construction necessary to priate, salt water intrusion into rivers, (d) Has found that the plan provides meet the requirements of Title II of the lakes and estuaries resulting from reduc- adequate basis for selection and designa- Act within the designated planning area tion of fresh water flow from any cause, tion of management agencies to be desig- over a twenty year period; including irrigation, obstruction, ground nated under section 208(c) of the Act; (b) Those portions of facilities plan- water extraction, and diversion, and (2) and ning in compliance with § 35.917-1(a)- set forth procedures and methods to con- (e) Has approved the plan. If disap- (i) the costs of which are allowable un- trol such intrusion to the extent feasible proval is necessary, that is if no certi- der § 35.1062 for those facilities for which where such procedures and methods are fication of approval can be issued by the Step 2 or Step 3 grant assistance Is ex- otherwise a part of the waste treatment Governor due to failure of the grantee to pected to be awarded during the five- management plan; comply with one or more of these pro- year period foltowing the section 208 (W) A process to control the disposi- visions, the Governor shall notify the plan approval. tion of all residual waste generated in Regional Administrator and the grantee (c) The identification of required ur- such area or imported into such area in writing that the plan is deficient, and ban storm water runoff control systems; which could affect either surface or specify in which ways the plan must be (d) The establishment of construction ground water quality; modified to receive State certification of priorities for treatment works for the (1) A process to control the disposal of approval. five-year period following the year of pollutants on land or in subsurface ex- § 35.1063-2 Plans for interstate plan approval and a proposed schedule cavations within such area to protect areas. of completion of major treatment ground and surface water quality; No later than two years after the plan- works over the twenty-year period fol- (m) The Identification of all major ning process is in operation, three copies lowing submission of the plan; alternative measures, including enforce- of the plan and local governmental rec- (e) The establishment of a regulatory ment acitvities, financing, land use and ommendations thereon and one addi- program to: other development controls and regula- tional copy of the plan and recommen- (1) Provide that waste treatment man- tory actions, administrative and man- dations for each concerned State shall agement shall be on an areawide basis agement authorities and practices neces- be submitted to the reviewing agency and provide Identification and evaluation sary to carry out each of the alternatives, designated by the Governor of the State of and control or treatment for all point and selection of the recommended sys- wherein the greatest portion of popula- and non-point sources of pollution. in- tem; ti6n within the planning area resides. cluding Inplace or accumulated pollu- (n) The period of time necessary to That agency shall act as the coordinat- tion sources, as shall be required under carry out the plan and major alterna- ing agency and shall forward one copy guidelines published by the Administra- tlyes, the costs of carrying out the plan of the plan to the reiewing agency des- tor pursuant to sections 208 and 304(e) and major alternatives within such time, ignated by the Governor of each other of the Act. (Special regulatory consider- and economic, social, and environmental State wherein a portion of the planning ation, including land use controls, Is re- impacts of carrying out the plan and area is located. Each State shall review quired for- sources further specified major alternatives within such time; the plan and shall, on behalf of that under paragraphs (g) through (1) of (o) Certification of the consistency of State, furnish the coordinating agency this section) ; the plan with plans prepared or in prep- with certifications as set forth in § 35.- (2) Regulate the location, modifica- aration under sections 209 and 303 of 1063-1. The coordinating State agency tion, and construction of any facilities the Act. (Any 201 plan developed in the shall forward copies of each certification within such area which may result in area or any application for a Step 1 to the grantee agency and shall, at that any discharge in such area including, grant for such plan received prior to time, forward two copies of the certifi- as appropriate, regulation of any future the approval of the 208 plan shall re- cations and the plan and local govern- increase in waste loads and sources; and quire review and comments by the desig- mental recommendations thereon to the (3) Assure that any industrial or com- nated 208 agency which shall be trans- appropriate EPA Regional Administra- mercial wastes discharged into any mitted to the State agency processing tor. At the request of all the States in- publicly owned treatment works in such the Title II grant applications. After the volved, and with the approval of the Re- area must meet applicable pretreatment section 208 plan has been approved, all gional Administrators, an existing, rec- requirements established in the plan. 201 plans for the area that may previ- ognized, interstate agency may act in the (f) The Identification of those agen- ously have been developed shall be coordinating role on behalf of those cies necessary to (1) construct, operate, brought into conformance with the 203 States. and maintain all facilities required by plan.) (p) Certification and description of § 35.1064 Areawide -aste treatment the plan, and (2) otherwise carry out the plan; public participation, in the planning management planning: Conlent and process and adoption of the plan, in ac- outputs. (g) A process to (1) Identify, If appro- cordance with Part 105 of this Chapter; The purpose of areawide planning ac- priate, agriculturally and silviculturally and tivities is the development of a coor- related non-point sources of pollution, (q) Recommendations by governing dinated, viable, management system including runoff from manure disposal bodies of local governments having re- capable of organizing, directing, imple- areas, and from land used for livestock sponsibility for, or which would be di- menting and maintaining an effective and crop production, and (2) set forth rectly affected by, Implementation of the program of pollution abatement and procedures and methods (including land plan and having Jurisdiction in the plan- preservation of existing high quality use requirements) to control to the ex- ning area as to State certification and water in areas having substantial water tent feasible such sources: EPA approval of the plan. In the event quality control problems. (h) A process to (1) identify, if appro- that a local unit of government fails to priate, mine-related sources of pollution provide a recommendation § 35.1064--1 Content of areawide waste within 30 including new, current, and abandoned days of receiving such a request from treatment management plan. surface and underground mine runoff, the planning agency, it shall be Each agency receiving assistance un- and (2) set forth procedures and meth- consid- der a grant for areawide waste treat- ods (including land use requirements) to ered that the plan has been favorably ment management planning shall de- control to the extent feasible such recommended by that unit of local gov- velop and submit to the Regional Ad- sources; ernment.

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974 17206 -RULES AND REGULATIONS

§ 35.1064-Z Revisions of plans. mutually designate one or more waste (c) Notify the grantee and the of waste If, In the Judgment of the Regional treatment management agencies as set State(s) that the designation Administrator, State Governor(s) or forth In § 35.1066-1 or shall, after agree- treatment management agencies cannot applicant, substantial changes have oc- ment among the Governors and the ap- be approved, thereby delaying further curred which warrant revision or amend- propriate EPA Regional Administrators, consideration of the plan until such time ment of the approved plan, the plan individually designate one or more waste as deficiencies in such designations arc shall be revised or amended and sub- treatment management agencies within rectified. mitted for review in the same manner each State pursuant to the requirements § 35.1067-4 Review and approval of specified in this Subpart for the original of § 35.1066-1. waste treatment management agen- plan. § 35.1067 EPA review of plan and des- cies. ignation of management agencies. § 35.1065 Authority of States for non- The Regional Administrator's ap- point sourec planning in designated § 35.1067-1 Submittal of certified plan proval will be based upon the require- areas. and designation of proposed manage- ments set forth In section 208(c) (2) of Whenever the Governor of any State ment agency(ies). the Act. Within 120 days after receiving determines (and notifies the Regional The Regional Administrator shall not the submittal of the designations the Re- Administrator) that consistency with a receive for the purpose of review and gional Administrator shall: Statewide regulatory program under sec- approval either proposed designations of (a) Notify the Governor(s) and tion 303 so requires, the requirements of -management agency(ies) n the absence grantee of approval of the designations; of a plan certified by the appropriate or - § 35.1064-1(g) through (1) shall be and developed and submitted by the Gov- Governor(s) or a plan certified by the (b) Notify the Governor(s) ernor to the Regional Administrator for appropriate Governor(s) In the absence grantee that the designation submittal application to all regions within such of proposed designations of management is deficient In one or more respects and State. All requirements of such State agency(ies). specify the ways In which the submit- shall be ncorporated into each tal must be modified to receive EPA ap- programs § 35.1067-2 Dual approval required. proval; or affected areawide plan. The plan shall (c) and set forth such additional local actions The appropriate Regional Adminis- Notify the Governor(s) and programs as may be necessary for trator shall neither approve a certified grantee that the plan cannot be ap- implementation of the plan developed by plan unless concurrently approving all proved until modified, thereby delaying the State. designated management agencies, nor further consideration of the designa- approve the designation of management tions until such time deficiencies In the § 35.1066 Designation of management agencies unless concurrently approving plan are corrected. agencies. a certified plan. § 35.1068 Disputes. § 35.1066-1 Intrastate planning areas. § 35.1067-3 Review and approval of Final determinations by the Regional The Governor of the State n consulta- plan. Administrator concerning applicant in- tion with the designated planning The Regional Administrator's ap- eligibility and final determinations by agency, affected local governments and proval of the plan will be based upon the Regional Administrator concerning following the public partication require- the State(s) certification of approval disputes arising under a grant pumuant ments set forth under Part 105 of this and EPA's review of the submission for chapter, at the time the plan is sub- -conformance with provisions of section to this Subpark shall be final and con- mitted to the Administrator shall desig- 201 and 208 of the Act and the require- cluslve' unless appealed by the appli- nate one or more waste treatment man- ments of this Part and other applicable cant or grantee within 30 days from the agement agencies (which may be an regulations. Within 120 days after re- date of receipt of such final determina- existing or newly created local, regional tion In accordance with the "Dlspute3" or State agency or political subdivision) ceiving the submittal, the Regional Ad- for the designated area. Such agency or mninistrator shall: article of the General Grant Conditions agencies shall, individually or in aggre- (a) Notify the State(s) and the (Article 7 of Appendix A to this Sub- gate, have adequate authority to meet grantee of approval of the plan; or chapter). the requirements to carry out the pro- (b) Notify the State(s) and the § 35.1070 Annual Update of Plan. [Re- visions of section 208(c) (2) of the Act. grantee that the submittal is deficient served] § 35.1066-2 Interstate planning areas. in one or more respects and specify the § 35.1080 Grants for Update of Plan. The Governors of the States wherein ways in which the submittal must be [Reserved] the planning area Is located shall either modified to receive EPA approval; or [FR Doc.74-10977 Filed 5-10-74;8:46 amI

FEDERAL REGISTER, VOL 39, NO. 93-MONDAY, MAY 13, 1974