32570 32568 32582 32584

32584

32562 32559 32570

32537 32576 32570 32576 . — 32563 — 32569 — 32568 — 32580 ------...... 32559 ...... ----- ......

...... — — ~ ......

...... -———- -...... »7 ...... - — ...— ...... - ...... - ......

...... - ...... - . FCC proposes to minimize poten­ GSA amends government-wide pro­ ...... - — HEW/FDA withdraws approval of — CSC revision reflecting elimination ...... ___ ...... — HEW/OE announces closing date of ...... — EPA allows emergency use of carbaryl to — HEW/SRS proposal limiting Federal financial ______...... Owners and Tenants Advisory Board, 9-18-74...,— . 32582 Montpelier District Advisory Council, 9—24—74. Community Advisory Group, 9—19—74. interior/BLM: Outer Continental Shelf Research Man­ Commerce/DIBA: Advisory Committee on East-West agement Advisory Board, 10-3 and 10-4—74 FEA: Wholesale Petroleum Advisory Committee, 9 - Pennsylvania Avenue Development Corporation: mittee on Banking Policies and Practices of the Seventh EPA proposes compliance schedules for North Carolina; Defense Manpower Commission: Commissioners brief­ DOD: Scientific Advisory Group to the Joint Strategic National Bank Region, 9 -2 0 -7 4 ... SBA: Casper District Advisory Council, 9—27—74 .... EPA approves compliance schedules for West Virginia; Trade, 9-25-74 ing, 9 -2 7 -7 4 Target Planning Staff, 8 -8 , 8—9, and 8 -1 0 -7 4Comptroller . of the Currency: Regional Advisory Com­ comments by 10-9-741 effective 9- 9 -74. 2 3 -7 4 MEETINGS— 10- 15-74 for training grant applications of AWARDS-1— teachers CONTRACT RADIO ASTRONOMY— RADIO CLEAN A I R - lateral discussions with Colombia; comments by 9-30-74.. 32574 FINANCIAL AID FINANCIAL MEDICAID 1 0 -9 -7 4 cedures for processing preaward protests.-. INHALATION DRUGS INHALATION PESTICIDE hydrochloride and thenyldiamine hydrochloride; effective TEXTILE AGREEMENTS— CITA announces anticipated bi­ participation in capital expenditures; comments by specializing in education for handicapped tial interference to operations; comments by 10-11-74.... 32566 HIGHLIGHTS OF THIS ISSUE of any document published in this issue. Detailed ADVERSE ACTIONS ADVERSE of agency appeals systems and Commission appellate combinations containing isoetharine with phenylephrine This listing does notthe affect legal status structural reorganization; effective 9 -9 —74 table of contents appears inside. control spread of European alfalfa beetles 919 - -7 4

September 9, 1974— -Pages 32537—32600 rem inders

• SF*16 ltex? s 1x1 ***** were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list haq n« 1* i significance. Since this list Is Intendea as a reminder, it dees not mclnde effective dates that occnr wTthm w X s S pnSteatSn ) ^

Rules Going Into Effect Today This list includes only rules that were pub­ lished in the F ederal R egister after Octo­ ber 1,1972. page no. and date SEPTEMBER 9 DoT/CG— Drawbridge operation regula­ tions, Coosaw River, S.C...... 28434; 8 -7 -7 4 DoT/CG— Drawbridge operation regula­ tions, Genesee River, N.Y...... 28435; 8 -7 -7 4 EPA— Alabama; approval of plan re­ visions...... 28528; 8 -8 -7 4 EPA— Control of air pollution from new motor vehicles and new motor vehicle engines; evaporative emissions com­ pliance procedures.. 25320; 7-10-74 EPA— Tennessee; approval of plan re­ visions...... > 28528; 8-8-74 HEW/FDA— Animal drugs; use of certain terms in labeling preparations. 25229; 7-9-74 INTERIOR/MINES— Underground mine escape and evaluation, and self res­ cue devices...... 9652; 3-13-74 OEC— Community Action Program grantee financial management; mis­ cellaneous amendments...... 28529; 8 -8 -7 4

ATTENTION: Questions, corrections, or requests for information regarding the contents of this issue only may be made by dialing 202-523—5283. For information on obtaining extra copies, please call 202-523-5240.

> ‘)™j t. daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal W S w holidays), by the Office of the Federal Register,, National Archives- and Records Service, General Services ^ m,^\iStra!1ti?n’ Washington> D c - 20408> under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., A? , ' and regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution made only by Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

. Tb® Federal R egister provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress other Federal agency documents of public interest. ° \ ’ 1 £d' ■ MM : • .,y/.\

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FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 contents

FEDERAL ENERGY ADMINISTRATION AGRICULTURAL m a r k e t i n g s e r v ic e DEFENSE MANPOWER COMMISSION Rules Notices Notices Limitation of handling: Meeting ------32576 Meeting: Wholesale Petroleum Lemons grown in California and Advisory Committee______32580 Arizona------—------— 32549 DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION agriculture d e p a r t m e n t FEDERAL HIGHWAY ADMINISTRATION Notices See Agricultural Marketing Serv­ Meeting: Advisory Committee on Rules ice: Forest Service. East-West Trade______32570 Federal motor carrier safety reg­ a to m ic e n e r g y c o m m is s io n ulations; rulemaking proce­ EDUCATION OFFICE dures ______—------32561 Notices Notices Applications, etc.: • Consumers Power Co_------32571 Training grants; closing date for FEDERAL POWER COMMISSION Protection against accidents in receipt of applications------32570 Notices nuclear power reactors; interim ENVIRONMENTAL PROTECTION AGENCY Hearings, etc.: general statement on policy; Panhandle Eastern Pipe Line correction ------■------32571 Rules C o ______- ______32580 State implementation plans; West CIVIL aeronautics b o a r d Virginia; approval of compli­ FEDERAL TRADE COMMISSION Notices ance schedules______._____;— - 32559 Hearings, e tc .: Rules Continental Air Lines, Inc. and Proposed Rules State implementation plans; Prohibited trade practices: Western Airlines, Inc------32572 Beauty-Style Modernizers, Inc., Hughes Airwest------32573 North Carolina; compliance schedules______32563 et al_____ ;______32585 Philadelphia - Rochester/Syra- Doyle Dane Bembach, Inc____ 32555 cuse Case______!------32574 Notices Walco Toy Company, Inc., and CIVIL SERVICE COMMISSION Pesticide Carbaryl; crisis exemp­ Sameul S. Wallach______32556 tion —,__ ;__ 32576 Whirlpool Corp------32557 Rules Pesticide registration applica­ Appeals system; miscellaneous tions ______32576 FOOD AND DRUG ADMINISTRATION amendments to rules------32537 FEDERAL AVIATION ADMINISTRATION Rules COAST GUARD Authority delegation; revision Rules Rules regarding certification of color First Coast Guard District; revi­ Airport traffic area; Anchorage additives ______32558 sion of description of three cap­ Alaska______——— 32551 tain of port areas— —------— 32558 Airworthiness directives: Proposed Rules B e ll______— ------32549 COMMERCE DEPARTM ENT Frozen desserts; identity stand­ Swearingen------32550 ards; extension of time for fil­ See Domestic and International Control zone------—------32550 ing comments______32562 Business Administration. Transition area (2 documents) — 32550 Notices COMMISSION ON TH E ORGANIZATION OF FEDERAL COMMUNICATIONS THE GOVERNMENT FOR THE CONDUCT COMMISSION Combination drugs: OF FOREIGN POLICY Bronkometer aerosol------32570 Rules Notices Equagesic tablets------32570 Organization of government Alaska-public fixed frequencies; use______32560 GENERAL SERVICES ADMINISTRATION for national security, arms con­ FM Broadcast Stations; Victor­ trol, intelligence, and public di­ Rules plomacy and support activities; ville, California______32560 regional public hearings----- — 32575 Proposed Rules Government-wide procedures for Radio astronomy operations in ad­ processing preaward protests COMMITTEE FOR TH E IMPLEMENTATION jacent bands; planning use of against contract award______32559 OF TEXTILE AGREEMENTS certain bands—------32566 Notices Radio Civil Emergency Service FOREST SERVICE Textile agreements; bilateral dis­ (RACES) ; extension of time for Notices cussions with Colombia______— 32574 filing comments_____ ------32567 Environmental statement; timber COMPTROLLER OF TH E CURRENCY Notices management, Klamath National Notices Hearings, etc.: Forests ______32569 Meeting; Regional Advisory Com­ Atlas Broadcasting Co:.------— 32578 mittee on Banking Policies and Cavallaro Broadcasting Corp. HEALTH, EDUCATION, AND WELFARE Practices of the Seventh Na­ et al______—— 32578 DEPARTMENT tional Bank Region______32568 See Education Office; Food and FEDERAL CONTRACT COMPLIANCE Drug Administration; Social, DEFENSE DEPARTMENT OFFICE and Rehabilitation Service. Notices Notices Meeting; Scientific Advisory State and local government equal INTERIOR DEPARTMENT Group to the Joint Strategic employment requirement; ap­ Target Planning Staff__ 32568 proval of County of San Diego— 32584 See Land Management Bureau. (Continued on next page)

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 iii CONTENTS

INTERSTATE COMMERCE COMMISSION MANAGEMENT AND BUDGET OFFICE Notices Notices Notices Hearings, etc.: Chicago and North Western Clearance of reports; list of re­ Boston Stock Exchange______32583 Transportation Co.* abandon­ quests ______32582 Chicago Board Options Ex­ ment between Winthrop, Sibley change, I n c ...------32583 County, and Klossner, Nicollet NATIONAL HIGHWAY TRAFFIC SAFETY County, Minn______32585 ADMINISTRATION SMALL BUSINESS ADMINISTRATION Hearing assignments______32585 Motor carriers: Proposed Rules Notices Board transfer proceedings___ 32599 Uniform tire quality grading sys­ Applications; Invesat Corp_____ 32583 Irregular route property car­ tem; correction_I______32563 Disaster area; Florida______32584 riers; elimination of gateway Meetings: letter notices______32585 OCCUPATIONAL SAFETY AND HEALTH Casper District Advisory Coun­ ADMINISTRATION cil ------32584 JUSTICE DEPARTMENT Proposed Rules Montpelier District Advisory Notices Conveyors; extension of time for C ou n cil------______32584 Anchorage, Alaska; joint newspa­ comments; hearing______32562 per operating agreement___ 32568 SOCIAL AND REHABILITATION SERVICE PENNSYLVANIA AVENUE DEVELOPMENT Proposed Rules LABOR DEPARTMENT CORPORATION Medicaid; limitation on Federal See Federal Contract Compliance Notices Office; Occupational Safety and participation for capital ex­ Health Administration. Meetings: penditures ------_---- 32562 Community Advisory Group. __ 32582 LAND MANAGEMENT BUREAU Owners and Tenants Advisory TRANSPORTATION DEPARTMENT Notices B oa rd ------32582 See Coast Guard; Federal Avia­ Arizona; filing of plats of survey.. 32568 tion Administration, Federal Meeting: SECURITIES AND EXCHANGE COMMISSION Highway Administration, Na­ Outer Continental Shelf Re­ tional Highway Traffic Safety search Management Advisory Rules Administration. B oa rd ------32569 National Securities Exchanges Outer Continental Shelf off Loui­ and National Securities Associa­ TREASURY" DEPARTMENT siana; Oil and Gas Lease Sale tions; recordkeeping rule; sus­ See Comptroller of the Cur­ No. 36; correction______32569 pension of effective date______32557 rency.

list of cfr ports affected

issue1' ^ ° f ° f ^ ° f the C° de ° f Federa' ReSu,ations ^ c t e d by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, follows beginning with the second Issue of the month. «¡n '! publ'shed separably 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 16 CFR 40 CFR 294.------32537 13 (4 documents) 32555-32557 52______32559 300------32537 315------32537 17 CFR P roposed R u l e s: 330------32537 240___ ;______------32557 52.______32563 351.------32537 21 CFR 45 CFR 352 ------32537 353 ------32538 2______32558 P roposed R u le s: 531------32539 P roposed R u le s; 250— ______32562 532— ____------32539 20______32562 47 CFR 713------32540 731------32540 29 CFR 73______32560 81______32560 752------x ------32541 P roposed R u le s; 771 ------•__ 32542 1910______...... 32562 P roposed R u l e s: 772 ------32545 2______;______32566 831------_---- 32548 33 CFR 97______32567 870------32548 3______32558 890 ------32548 49 CFR 891 ------32549 34 CFR 389 ______32561 212______. . . . ------32559 390 ______32561 7 CFR 391 ______32561 910------32549 393______32561 14 CFR 396 ______32561 39 (2 documents)______. . . 32549, 32550 397 ______32561 71 (3 documents)______32550 P roposed R u le s: 93------32551 575___ — ______32563

iv FEDERAL REGISTER, VOL. 39, NO . 175— MONDAY« SEPTEMBER 9. 1974 CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

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

Page 21 CFR Page 3 CFR 10 CFR—Continued Paee Executive O rders: P roposed R u l e s : 2______31898, 32558 11802------32111 211 ______31920 53______i- __.___ 31898 212 ______32309, 32310 121______31899 Proclamations : 135a:______32025 4310— ------32317 12 CFR P roposed R u l e s : 4 CFR 210______32011 20______32562 6— ------31997 132______32146 13 CFR 1010______32094 5 CFR P roposed R ules : 1040-______32094 31873, 31874 213---- ——------121____ 32334 294------______32537 23 CFR 300 ...... ______32537 _____ 32537 14 CFR 752— ______:___ 32031 315------39_ 32011, 32324, 32325, 32549, 32550 753______32032 336------32537 71______31881, 32012, 32325, 32550 P roposed R u l e s : 351 ______—— --- ______32537 73 _ 32325 352 ----- ______32537 810______—__ 32298 ____ 32538 93— — ______------32551 353______—.------95 _ „ 32326 531 ______._____ 32539 24 CFR ______32539 97______31881, 32327 532 ------221______31882 201______32432 713______32540 203______32026, 32432 ______32540 288______——______e______32013 731------372a_____ — ...... —— 32013 205______- ______32026, 32435 752-______32541 207______32026, 32435 771 ------___—_ 32542 P roposed R u l e s : 213______32026, 32435 772 ------_____ ------^ 32545 39______— 32332, 32333 220______32026, 32433, 32435 831______— 32548 71______32333 221______.32026, 32433, 32436 870------______32548 121___ — ______31913 222______32433 890 ______32548 ______227— ______32436 891 ____ — ______32549 16 CFR 231______32436 7 CFR 13— ______32555-32557 232______:___ 32026, 32436 234— ______. 32027, 32434, 32436 24______32004 P roposed R u l e s : 235______32027, 32434 26______31874, 32124 1120—______— 31916 236— ______32027, 32437 52______32004 241 ______32027 301____ — 31875, 32126 17 CFR 242 ______32027, 32437 330 ___:______323Ï9 211— ______— 31894 401______.32010,32127 244______32027, 32437 231 — _____ - ______- ______31894 1915______32329 650— ______31879 240 ______32557 ___ _ 32321 780-______241 ______—:---- 31894 25 CFR 908______32128 271______—______- ______- 32129 910— ______„I _ 32549 P roposed R u l e s : 931 ______31879 P roposed R u l e s : 30______31984 932 ______32010 240______—______31920 91______31986 947______i ___ .31879,32011 93______31989 2400______32011 18 CFR 28 CFR Proposed R u l e s: 703______31896 31882 650______32139 F roposed R u l e s: 948______32139 141______32153-32155 29 CFR 8 CFR 201______- ______32156 260______— ______32154, 32155 701— ______32027 Proposed R u l e s : 223______32129 P roposed R u l e s : 223a______32129 19 CFR 529______32037 10 — ______32015 1910______32562 9 CFR 11 32015 76______32129 12 32015 32 CFR 78______32129 18______- ______32015 r174— _ 31899 91___ 32322 19_ —______32015 94______32322 24_ 32015 317 ______31880 25______32015 33 CFR 318 ______31880 113____ — ______32015 32131, 32558 381______; 31880 114____ 1______32023 128 ______32132 Proposed R u l e s: 133______- 32023 151 _____ 31901 141______32023 204. _____ 32029 78______32139 92______32146 142— ______32023 102______32332 172______32023 34 CFR 32559 10 CFR P roposed R u l e s : 212___ 213____ 32134 205— ___ _ 322Ç2 141______— 32035 210______32283 36 CFR 211__ 32283, 32306 20 CFR 212___ 32286, 32306 405______32327 252____ _ 32029 215______32286 416______32024 327____ 32111A

FEDERAL REGISTER, VOL. 39, NO. 175— MONDAY, SEPTEMBER 9, 1974 FEDERAL REGISTER

38 CFR Page 43 CFR Page 47 CFR— Continued Page 17______'______31901 P roposed R u l e s : P roposed R ules— Continued 21(2 documents)______31901,31902 2800__ ._____ 31906 91___- ______------32148 21------31901, 31902 97______45 CFR ------32567 P roposed R u l e s : 801______32031 49 CFR 21______32157 P roposed R u l e s: 389 ______------32561 250______390 ______39 CFR 32562 ------32561 1215______31914 391 ______------32561 P roposed R u l e s : 396 ______------32561 123 _____ 32036 46 CFR 397 ______------32561 124 ______32036 P roposed R u l e s: 393______------32135 30 ___ 32147 571______32030,32321 40 CFR 31 ____ 32147 1033______32137,32138 1300______52__— 31903, 32111A, 32113, 32329, 32559 32 ______32147 ------31905 33 __ 32147 1307—- ___ — __ ----- — 31905 180------31903 34 ____ 32147 P roposed R u l e s : P roposed R u l e s : 35 ____ 32147 575_ - 32563 52— ------31918, 32563 151______32147 810_ - 32298 .531______32036 180------31919, 31920 1204 - 32333 1260 32333 47 CFR 1261 41 CFR 43______31904 32333 5A-16------r,______32029 73______32560 50 CFR 114-43______31904 81______32560 20...... — ------31883 P roposed R u l e s : 32 ------32030, 42 CFR 2______32148, 32566 32031, 32116, 32117, 32330,32331 100______32029 73______32148 33 ------>------31894 76______——„ 32036 216------32117 P roposed R u l e s: 83-...... _____ 32150 P roposed R u l e s : 72______32035 89______32148 32------31907,31908

FEDERAL REGISTER PAGES AND DATES— SEPTEMBER Pages Date 31872-31996______Sept. 3 31997-32109____ 4 32111-32315______- __ ; 5 32317-32536______6 32537-32600...... 9

vi FEDERAL REGISTER, V O L 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 32537 rules and regulations

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most off wMeh are lieyed to and codified in tea 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 tee Superintendent of Documents. Prices of new boohs are listed In tee first FEDERAL REGISTER Issue of each month.

Title 5— -Administrative Personnel closure of medical information in PART 351— REDUCTION IN FORCE § 294.401. CHAPTER I— CIVIL SERVICE COMMISSION (5) Section 351.901 is amended by * * « * * adding a new paragraph (d) and REVISION OF APPEALS SYSTEM (5 UJS.C. 552, 1104, unless otherwise noted) 1351.902 is revised in its entirety as Substantial changes are made in Parts set out below. 532, 713, 731, 752, 771, 772 o£ Title 5 of PART 300— EMPLOYMENT (GENERAL) § 351.901 Initial appeals. the Code of Federal Regulations to reflect ***** the elimination of agency appeals sys­ § 300.104 [Amended]

PEDERAl REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32538 RULES AND REGULATIONS

(d) The decision of the Commission is peal in writing to each appellant and to (v) Former agency abolished. If the final unless either party to the appeal each agency concerned. An appeal deci­ agency in which an employee was em­ petitions the Appeals Review Board to sion may order that the reinstatement ployed when he left for military duty is reopen and reconsider the decision under of an appellant be made retroactive to abolished and its functions are not § 772.310 of this chapter. the date on which the applicable time transferred to another agency, the em­ (e) Compliance with the recommen­ limit specified in § 352.507 expired. ployee may appeal to the Commission dation of the Commission for corrective (3) Cancellation oj appeals. The Com­ not later than 1.5 calendar days after action is mandatory unless the agency mission shall cancel an appeal and the expiration of the period specified in the petitions the Appeals Review Board to appellant and his agency will be so noti­ Act for applying for restoration. reopen and reconsider the decision under fied, on receipt of the appellant’s written (2) An employee who left a position § 772.310 of this chapter. request* for cancellation or upon failure in an agency with right to return to his (f) When an appeal under this sub­ of the appellant to furnish information position under section 9(g) (4) or section part is filed properly before the death of requested by the Commission. 9(g) (5) of the Act may appeal to the an appellant* the Commission shall (4) Death of appellant. When an ap­ Commission in furtherance of his right process it to completion and adjudicate peal under this subpart is filed properly to return to work in accordance with the it. The Commission, in recommending before the death of an appellant, the -provisions of section 9(g) (4) or section corrective action in the decision on such Commission shall process it to comple­ 9(g) (5) of the Act and this part. an appeal, may provide for amendment tion and adjudicate it. TheT Commission, (b) Legislative employees. An employee of the agency’s records to show retro­ in recommending corrective action in the of the legislative branch who is entitled active restoration and the appellant’s decision on such an appeal, may provide to appeal to the Commission under sec­ continuance on the rolls in an active duty for amendment of the agency’s records tion 9(e) (2) of the Act may appeal not status to the date of death. to show retroactive restoration and the later than 15 calendar days after ex­ (5 U.S.C. 3584; E .0 .11552,3 CFR, 1970 Comp.» appellant’s pontinuance on the rolls in an piration of the period specified in the Act active duty status to the date of death. § 352.508 Appeals io the Commission. for applying for restoration. (Sec. 625, 75 Stat. 449; 22 U.S.C. 2385; E.O. § 353.702 Where appeals are filed. (a) Right to appeal. (1) If an agency 10973, 3 CFR 1959-1963 Comp., p. 493) determines that an employee who has Appeals under this subpart are to be applied for reinstatement is not eligible filed with the office of the Commission for reinstatement, it shall notify the em­ PART 353— RESTORATION AFTER having appellate jurisdiction. MILITARY DUTY ployee as promptly as possible of Its de­ § 353.703 Finality of appeal decision. cision, of the basis therefor, and of the (7) Subpart G of Part 353 is revised employee’s appeal rights under this sub­ in its entirety as set out below. The decision of the office of the Com­ part. The employee is entitled to appeal mission having appellate jurisdiction is the decision to the Commission within 15 Subpart-G— -Appeals to the Commission final. However, either party to the appeal calendar days after he receives notice of Sec. may petition the Appeals Review Board the decision. 353.701 Appeals to the Commission. to reopen and reconsider the decision (2) If an agency fails to reinstate an 353.702 Where appeals are filled. under § 72.310 of this chapter. 353.703 Finality of appeal decision. employee within the time limits specified 353.704 Agency action when the Commis­ § 353.704 Agency action when the Com- in § 352.507, the employee is entitled to sion recommends corrective mission recommends corrective appeal to the Commission within 15 cal­ action. action. endar days after the applicable time limit 353.705 General provisions governing ap­ expires. peals. Compliance with the recommendation (3) If an employee considers that his of the Commission for corrective action A u t h o r it y : Sec. 9, 62 Stat. 614, as is mandatory unless the agency petitions reinstatement is not in accordance with amended (50 U.S.C. App. 459). the act and this subpart, he is entitled the Appeals Review Board to reopen and to appeal to the Commission within 15 Subpart G— Appeals to the Commission reconsider the decision under § 772.310 of this chapter. calendar days after his reinstatement be­ § 353.701 Appeals to the Commission. comes effective. § 353.705 General provisions governing (a) Executive "branch and District of appeals. (b) Where appeals are filed. Appeals Columbia employees. (1) An employee under this part are to be filed with the (a) Delayed appeals. The Commis­ appellate office of the Federal Employee who left an agency with right to restora­ tion under section 9(b) or section sion may extend the time limits in Appeals Authority, U.S. Civil Service §§ 353.701 and 353.704 when the appel­ Commission, Washington, DC 20415. 9(g) (1), (2), (3) of the act may ap­ peal to the Commission in furtherance lant shows that he was not notified of (c) Finality of the appeal decision. these limits, and was not otherwise aware The decision of the Commission is final of this right, as follows: (i) Failure of restoration. If the agency of them, or that circumstances beyond unless either party to the appeal peti­ his control prevented him from filing an tions the Appeals Review Board to reopen concerned fails to restore an employee within 30 days after receipt of his ap­ appeal within the prescribed limits. and reconsider the decision under (b) Ascertainment of facts. Each ap­ § 772.310 of this chapter. plication for restoration, filed in accord­ ance with the Act, he may appeal to the pellant shall submit in writing all facts (d) Agency action when the Commis­ Commission not later than 15 calendar that he considers pertinent to his appeal. sion recommends corrective action. Com­ days after the 30-day period has expired. The Commission may also conduct such pliance with the recommendation of the (ii) Not feasible to restore. If the appropriate investigations as it considers Commission for corrective action is man­ agency concerned decides that it is not necessary. datory unless the agency petitions the (c) N otification o f appeal decisions. Appeals Review Board to reopen and re­ feasible to restore an employee, he may appeal this decision to the Commission The Commission shall submit its decision consider the decision under § 772.310 of on an appeal in writing to each appellant this chapter. not later than 15 calendar days after receipt of notice from the agency. and to each agency concerned. (e) General provisions governing ap- (iii) Refusal of restoration. If the (d) Cancellation of appeals. The Com­ peaZs— ( 1) Delayed appeals. The Com­ agency concerned refuses to restore an mission shall cancel an appeal, and the mission may extend the time limits in employee, he may appeal to the Commis­ appellant and the agency concerned will paragraphs (a) and (d) of this section sion not later than 15 calendar days after be so notified on receipt of the appellant’s on a showing by the appellant that he receipt of notice from the agency. written request for cancellation, or on was not notified of the applicable time failure of the appellant to furnish in­ limit, or that circumstances beyond his (iv) Improper restoration. If an em­ formation requested by the Commission. control prevented him from filing an ployee considers that he has been im­ (e) Death of appellant. When an ap­ appeal within the prescribed time limit. properly restored, he may appeal to the peal under this subpart is filed properly (2) Appeal decisions. The Commis­Commission not later than 15 calendar before the death of an appellant, the sion shall submit its decision on an ap- days after his restoration. Commission shall process it to comple-

FEDERAL REGISTER, VOL. 39, N O . 175— M O NDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32539 (5) The application shall be processed tion and adjudicate it; The Commission, ployee’s reasons why he considers the agency’s decision erroneous, with such and decided promptly, with a provision in recommending corrective action in the that when a decision has not been issued decision on such an appeal, may provide offer of proof and evidence as he is able to submit. within 60 days of the date the employee for amendment of the agency’s records filed the application, he may request the to show retroactive restoration and the (e) Finality of the decision. The deci­ appellant’s continuance on the rolls in sion of the office of the Commission hav­ next higher level in the agency with clas­ an active duty status to the date of ing appellate jurisdiction is final. How­ sification authority to assume jurisdic­ ever, either party to the appeal may tion of his application and the next death. petition the Appeals Review Board to higher level will promptly process and decide it. pART 531— PAY UNDER THE GENERAL reopen and reconsider the decision under § 772.310 of this chapter. (6) An employee shall promptly fur­ SCHEDULE (f) Agency action when Commission nish such facts as may be requested by (8) Section 531.407(e) is amended as recommends corrective action. It is man­ the agency. set out below. datory that the agency take all correc­ (7) An application shall be canceled § 531.407 Work of an acceptable level tive action recommended in the decision and the employee so notified in the fol­ of competence. of the Commission office having appellate lowing circumstances: (i) On receipt of a written request by ***** jurisdiction unless the agency petitions the Appeals Review Board to reopen and an employee; (e) Appeal to the Commission. (1) reconsider the decision under § 772.310 of (ii) On failure to prosecute when an an employee may appeal to the Com­ this chapter. employee does not furnish requested in­ mission the decision by his agency sus­ (5 U.S.C. 5115, 5338) > formation and duly proceed with the ad­ taining the negative determination by vancement of his application; however, writing to the Office of the Commission instead of cancellation for failure to having appellate jurisdiction not later PART 532— PAY UNDER PREVAILING prosecute, the application may be ad­ than 15 calendar days after his receipt RATE SYSTEMS judicated if the information is suffi­ of the decision. The office of the Com­ (10) Section 532.702 is revised in its cient for that purpose; or mission having appellate jurisdiction (iii) On notice that an employee has may extend this time limit when it entirety as set out below: left the position, except when he would finds that the employee— § 552.702 Agency responsibility. be entitled to retroactive benefits in­ (1) Was not notified of the time limit (a) Each agency shall establish a sys­ cluding benefits allowable after the death and was not otherwise aware of it, or tem for processing an application by an of an employee. (ii) Was prevented by circumstances employee for a review of the correctness (8) No more than one level of review beyond his control from appealing of the classification of his position (re­ may be established within an agency within the time limit. ferred to in this subpart as an applica­ before a final decision may be issued, (2) The office of the Commission hav­ tion), including the title or series when and that level of review, when possible, ing appellate jurisdiction shall make its appropriate. must be above the level of classification decision on the record established in (b) In establishing the system required authority which classified the position. the reconsideration proceedings in the by this section, an agency, as a minimum, (9) When an employee not subject to agency. shall provide that: Subpart B of Part 752 of this chapter (3) The decision of the office of the (1) The provisions of the system shall requests a review of a downgrading or Commission having appellate jurisdic­ be published and its employees shall be other classification action that resulted tion is final. However, either party to informed where a published copy is avail­ in a reduction of pay and the decision the appeal may petition the Appeals able for review. of an agency reverses in whole or in part Review Board to reopen and reconsider (2) An application shall be in 'writing the downgrading or other classification the decision under § 772.310 of this and contain the reasons the employee action, the effective date of that decision chapter. believes his position is erroneously classi­ shall be retroactive to the effective date (4) It is mandatory that the, agency fied. of the action being reviewed when the take all corrective action recommended (3) An application may be filed at any initial application to the agency was sub­ in the decision of the Commission office time. However, when a classification mitted not later than 15 calendar days having appellate jurisdiction unless the action results in a change to lower grade, after the effective date of the action agency petitions the Appeals Review in order to be entitled to retroactive cor­ taken as a result of the classification Board to reopen and reconsider the de­ rective action: decision. However, when the agency de­ cision under § 772.310 of this chapter. (i) An employee covered by Subpart Bcision raises the grade or level of the (9) Section 531.517

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175— 2 32540 RULES AND REGULATIONS of the incumbent of the position, the § 713.234 Appellate procedures. tive action, or when, after giving notice effective date may not be earlier than The Appeals Review Board shall re­ of intent to request reopening, the the time required to effect the decision view the complaint file and all relevant agency does not file a request for reopen­ in accordance with procedures required written representations made to the ing within 30 days from the date of the by applicable t&w and regulation. board. The board may remand a com­ Board decision, or when a request to (12) When an application has been plaint to the agency for further investi­ reopen is denied, the agency shall effect properly filed before the death of an em­ gation or a rehearing if it considers that the corrective action recommended by ployee and a favorable decision would action necessary or have additional in­ the Board, and there is no further right entitle the employee to retroactive cor­ vestigation conducted by Commission by the agency to request reopening. rective action, it shall be processed to personnel. This subpart applies to any completion after his death and any ap­ However, service under the temporary further investigation or rehearing re­ or conditional restoration provisions of propriate corrective action made by sulting from a remand from the board. amendment of the records of the agency. this paragraph may not be credited There is no right to a hearing before the toward the completion of a probationary (13) The decision on an application board. The board shall issue a written or trial period, eligibility for a within- shall (i) be based on the record, (ii) be decision setting forth its reasons for the grade increase, or the completion of the in writing, (iii) inform the employee decision and shall send copies thereof to service requirement for career tenure. either in the decision or as an attach­ the complainant, his designated repre­ ment to the decision of the reasons for sentative, and the agency. When correc­ (5 U.S.C. 1301, 3301, 3302, 7151-7154, 7301* the decision, including an analysis of the E.O. 10577, 3 CFR, 1954—1958 Comp., p 218‘ tive action is ordered, the agency shall E.O. 11222, 3 CFR, 1964-1965 Comp., p.‘ 306- classification of the position (i.e., a com­ report promptly to the board that the E.O. 11478, 3 CFR, 1969 Comp., p. 133) parison of the position with the standard corrective action has been taken. The appropriate to the position), and (iv) in­ decision of the board is final, but shall form the employee of his right to appeal contain a notice of the right to file a PART 731— SUITABILITY the decision to the Commission and of civil action in accordance with § 713.282. the time limits within which the appeal (12) Section 731.302 and Subpart D must be filed. § 713.235 Review by the Commissioners. are revised in their entirety and a new (c) The agency is responsible for com­ (a) The Commissioners may, in their Subpart E is added as set out below. piling and maintaining a classification discretion, reopen and reconsider any § 731.302 Actions against employees by review file which shall constitute the rec­ previous decision when the party re­ the Commission. ord and which shall not contain any questing reopening submits written document or information which the em­ argument or evidence which tends to (a) For a period of 1 year after the ployee has not been given an opportu­ establish that: effective date of an appointment subject nity to review. to investigation under § 731.301, the (1) New and material evidence is avail­ Commission may instruct an agency to (5 U.S.C. 5345) able that was not readily available when remove an appointee when it finds that the previous decision was issued; he is not qualified or is unsuitable for (2) The previous decision involves an any of the reasons cited in § 731.201. PART 713— EQUAL OPPORTUNITY erroneous interpretation of law or regu­ Part 754 of this chapter does not apply (11) Sections 713.219, 713.232, 713.233, lation or misapplication of established to this action. 713.234, and 713.235 are revised as set out policy; or (b) Thereafter, the Commission may below. (3) The previous decision is of a prece­ require the removal of an employee on § 713.219. Relationship to other agency dential nature involving a new or unre­ the basis of intentional false statement appellate procedures. viewed policy consideration that may or deception or 'raud in examination have effects beyond the actual case at or appointment. Part 754 of this chapter When an employee makes a written al­ hand, or is otherwise of such an excep­ applies to this action. legation of discrimination on grounds of tional nature as to merit the personal race, color, religion, sex, or national ori­ attention of the Commissioners. (c) An action to remove an appointee gin, in connection with an action that (b) When an agency gaves notice of or employee taken pursuant to an in­ would otherwise be processed under a intent to request reopening within the struction by the Commission is not sub­ grievance or other system of the agency, time specified in the decision of the ject to Part 752 of this chapter. Part 752 the allegation of discrimination shall be Appeals Review Board for the agency processed under this part. of this chapter applies when removal or report of corrective action, the agency other disciplinary action covered by that § 713.232 Where to appeal. may not effect the corrective action part is initiated by an agency. The complainant shall file his appeal recommended by the Board except as provided in this paragraph. When the (d) When the Commission instructs in writing, either personally or by mail, an agency to remove an appointee under with the Appeals Review Board, U.S. agency gives notice of intent to request Civil Service Commission, Washington, reopening, and when the appeal involves this part it shall notify the agency and D.C. 20415. removal, separation, or suspension con­ the appointee of its decision in writing, tinuing beyond the date of the request giving reasons for the decision, and in­ § 713.233 Time limit. for reopening, and when the Board deci­ forming jthe agency and the appointee sion recommends retroactive restoration, (a) Except as provided in paragraph of the right to appeal to the appropriate (b) of this section, a complainant may the agency shall comply with the Board file an appeal at any time after receipt of decision only to the extent of the tem­ office of the Commission as provided in his agency’s notice of final decision on porary or conditional restoration of the § 731.401(b). employee to duty status in the position his complaint but not later than 15 cal­ Subpart D— Appeal to the Commission’s Federal endar days after receipt of that notice. recommended by the Board pending the Employee Appeals Authority (b) The time limit in paragraph (a) outcome of the agency request for re­ Sec. v of this section may be extended in the opening. The agency shall notify the 731.401 Right to appeal. discretion of the Appeals Review Board, Board and the employee in writing that 731.402 Compliance with the decision. the corrective action it takes is tem­ upon a showing by the complainant that Subpart E— Reemployment Eligibility he was not notified of the prescribed time porary or conditional at the same time it 731.501 Reemployment eligibUity of certain limit and was not otherwise aware of it gives notice of intent to request reopen­ ing. When the agency does not give former Federal employees. or that circumstances beyond his con­ notice of intent to request reopening Authority : 5 U.S.C. 3301, 3302, 7301; E.O. trol prevented him from filing an appeal within the time specified in the Board 10577, 3 CFR 1954-1958 Comp. p. 218; E.O. within th’e prescribed time limit. , decision for the agency report of correc­ 11222, 3 CFR, 1964-1965 Comp, p. 306.

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32541

Subpart B— Removal, Suspension for More Than subpart D— Appeal to the Commission’s bility for further employment in the 30 Days, Furlough Without Pay, and Reduction Federal Employee Appeals Authority competitive service, insofar as his suit­ in Rank or Pay ability and fitness are concerned. The § 731.401 Right to appeal. Sec. Commission shall consider the request 752.201 Coverage. Bight of appeal to the Commission’s only if the former employee: 752.202 Procedures. Federal Employee Appeals Authority (1) Has completed any required pro­ 752.203 • Right of appeal to the Commission. (hereinafter referred to as the Appeals bationary period; A u t h o r it y : 5 U.S.C. 1302, 8301, 3302, 7701; Authority). . (2) Has basic eligibility for reinstate­ E.O. 10577, 3 CFR, 1954-1958 Comp. p. 218; (a) Any applicant or eligible who is ment; and E.O. 11491, 3 CPR, 1966-70 Comp. p. 861. (3) Includes a sworn statement with disqualified from examination or ap­ § 752.201 Coverage. pointment by the Commission for any the request which sets forth fully and in reason named in § 731.201 may appeal detail the facts surrounding his removal (a) Employees covered. This subpart to the appropriate office of the Appeals or resignation. applies to: Authority within 15 calendar days after (b) Action by Commission. (1) After (1) (i) Any career, career-conditional receipt of the Commission’s notice of appropriate consideration, including overseas limited, indefinite, or term em­ disqualification. such investigation as the Commission ployee, or any employee serving under a (b) An appointee who is disqualified considers necessary, the Commission career executive assignment, in a com­ by the Commission for any reason shall inform the former employee petitive position who is not serving a named in § 731.201 or his employing whether it has found him suitable for probationary or trial period and (ii) any agency may appeal to the Appeals Au­ further employment in the competitive employee serving in a competitive posi­ thority at any time before the effective service. tion who has completed 1 year of current date of the removal action the Commis­ (2) If the former employee is foundcontinuous employment except one serv­ sion instructed the agency to take. unsuitable and has had an opportunity ing under a temporary appointment with (1) An appointee who appeals a re­ to comment on the reasons for this find­ a definite time limitation or a limited moval directed by the Commission shall ing, or has furnished his comments to executive assignment; notify the agency of his appeal prior to the Commission, it may cancel his rein­ (2) Any employee having a competitive the effective date of the action. statement eligibility if that eligibility status who occupies a position in Sched­ (2) When the Commission has in­ resulted from his last Federal employ­ ule B of Part 213 of this chapter under structed the agency to remove an ap­ ment and was obtained through fraud. a nontemporary appointment; and pointee and either the agency or the In addition, the Commission may pre­ (3) Any preference eligible employee appointee appeals, the agency shall sus­ scribe a period of debarment from the who has completed 1 year of current con­ pend the appointee effective the day fol­ competitive service not to exceed three tinuous employment in a position outside lowing the date on which the removal years. the competitive service. was to have been effected pending adju­ (b) Adverse actions covered. This sub­ dication of the appeal unless the agency PART 752— ADVERSE ACTIONS BY part applies to: desires to retain the appointee in an AGENCIES (1) Removal; active duty status for that period, in (13) Sections 752.102, 752.104 and (2) Suspension for more than 30 days; which event the agency shall so notify 752.105 are revised in their entirety as (3) Furlough without pay; and the appointee. Part 752 of this chapter set out below. (4) Reduction in rank or pay, includ­ does not apply to the suspension. ing that taken at the election of the (c) The decision of the Appeals Au­ § 752.102 Definitions. agency after a position classification de­ thority is final unless the applicant, ap­ In this part: Days mean calendar days cision by the Commission. pointee, or agency petitions the Appeals and not workdays. (c) Exclusions. This subpart does not Review Board to reopen and reconsider $ $ * * * apply to an employee or adverse action the decision under § 772.310 of this chap­ excluded by § 752.103. ter. § 752.104 General standards. § 752.202 Procedures. § 731.402 Compliance with the decision (a) An agency may not take an adverse of the Appeals Authority. action against an employee covered by (a) Notice of proposed adverse ac­ this part except for such cause as will tion. (1) Except as provided in para­ (a) Compliance with the decision of promote the efficiency of the service. graph (c) of this section, an employee the Appeals Authority directing the Among the reasons that constitute “such against whom adverse action is sought agency to remove an appointee under- cause as will promote the efficiency of is entitled to at least 30 full days’ ad­ this part is mandatory unless a petition the service” for this purpose are the rea­ vance written notice stating any and to reopen the decision is filed with the sons for disqualification of an applicant all reasons, specifically and in detail, board under § 772.310 of this chapter. listed in § 731.201(b)— (g) of this chap­ for the proposed action. When a petition to reopen is filed the ter. These reasons may be based on pre­ (2) Subject to the provisions of sub- recommended action will be held in appointment factors as well as on post­ paragraph (3) of this paragraph, the abeyance pending decision of the board. appointment factors. material on which the notice is based (b) An agency may not request the (b) Except when required by statute, and which is relied on to support the board to reopen and reconsider a deci­ an agency may not take an adverse ac­ reasons in that notice, including state­ sion of an appeals officer when that de­ tion against an employee covered by this ments of witnesses, docunents, and in­ cision reverses an original decision of the part because of marital status or for vestigative reports or extracts there- Commission disqualifying an appointee partisan political reasons. . from, shall be assembled and made avail­ under this part. able to the employee for his review. The § 752.105 Agency records. Subpart E— Reemployment Eligibility notice shall inform the employee where Each agency shall make a part of its he may review that material. § 731.501 Reemployment eligibility of records, copies of the notice of proposed (3) Material which cannot be dis­ certain former Federal employees. adverse action, the material relied on closed to the employee, or to his desig­ (a) Request for suitability determina­ by the agency to support the reasons in nated physician under § 294.401 of this tion. When an employee has been re­ that notice, any answer made by the em­ chapter, may not be used by an agency moved by an agency on charges (other ployee and the notice of decision. to support the reasons in the notice. than security or loyalty) or has resigned (5 U.S.C. 1302, 3301, 3302, 7701; E.O. 10577, 3 (b) Employee’s answer. Except as pro­ on learning the agency planned to pre­ CFR, 1954-58 Comp. p. 218; E.O. 11491, 3 vided in paragraph (c) of this section, fer charges, or while charges were pend­ CFB1966-70 Comp. p. 861.) an employee is entitled to a reasonable ing, the former employee may request (14) Part 752, Subpart B is revised in time for answering a notice of proposed the Commission to determine his eligi­ its entirety as set out below. adverse action and for furnishing affi-

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 32542 RULES AND REGULATIONS

davits in support of his answer. The time suspend him. This suspension is a sepa­ sion of the office of the Commission to be allowed depends on the facts and rate adverse action. An employee whose having appellate jurisdiction is fin^i circumstances of the case, and shall be suspension under this paragraph is pro­ However, either party to the appeal may sufficient to afford the employee ample posed is entitled, in connection with the petition the Appeals Review Board to re­ opportunity to review the material relied suspension, to the following: open and reconsider the decision under on by the agency to support the reasons (1) If the suspension is for more than § 772.310 of this chapter. in the notice and to prepare an answer 30 days, to the procedures required by and secure affidavits. The agency ¿ball this subpart; (15) Section 752.304(d) is added as set provide the employee a reasonable (2) If the suspension is for 30 days or out below. amount of official time for these pur­ less and the employee is covered under §752.304 Appeal rights to the Com­ poses if he is otherwise in an active duty § 752.301, to the procedures required by m ission. status. If the employee answers, the Subpart C of this part; or agency shall consider his answer in * * * * * (3) If the suspension is for 30 days (d) Finality of decision. The decision reaching its decision. The employee is or less and the employee is in the ex­ entitled to answer personally, or in of the office of the Commission having cepted service and not covered by appellate jurisdiction is final,. However, writing, or both personally and in writ­ § 752.301, to a written notice at least ing. The right to answer personally either party to the appeal may petition 24 hours in advance of the effective date the Appeals Review Board to reopen and includes the right to answer orally in of the suspension. The agency shall in­ person by being given a reasonable op­ reconsider the decision under § 772.310 clude in the notice of suspension the rea­ of this chapter. portunity to make any representations sons for not retaining the employee in which the employee believes might sway (16) Section 752.401 is revised in its an active duty status during the notice entirety as set out below. the final decision on his case, but does period. If the employee appeals from the not include the right to a trial or formal final adverse decision, the Commission § 752.401 Agency action when Com­ hearing with examination of witnesses. reviews the reasons for not retaining him mission recommends restoration or When the employee requests an oppor­ in an active duty status to determine other corrective action. tunity to answer personally, the agency their consonance with the circumstances It is mandatory that the agency take shall make a representative or represent­ described in paragraph (d) of this sec­ all corrective action recommended in the atives available to hear his answer. The tion. The agency may place the employee decision of the Commission office having representative or representatives des­ in a non-duty status with pay for such appellate jurisdiction unless the agency ignated to hear the answer shall be per­ time, not to exceed 5 days, as is neces­ petitions the Appeals Review Board to sons who have authority either to make sary to effect the suspension. reopen and reconsider the decision under a final decision on the proposed ad­ (f) Notice of adverse decision. The em­§ 772.310 of this chapter. verse action or to recommend what final ployee is entitled to notice of the agency’s decision should be made. (6 U.S.C. 1302, 3301, 3302, 7701; E.O. 10577, decision at the earliest practicable date. 3 CFR, 1954-1958 Comp. p. 218; E.O. 11491, (c) Exceptions to notice period and The decision shall be made by a higher 3 CFR, 1966-70 Comp. p. 861.) opportunity to prepare answer. (1) Ad­ level official of the agency, when that vance written notice and opportunity to exists, than the office who proposed the answer are not necessary in cases of fur­ adverse action. The agency shall deliver PART 771— EMPLOYEE GRIEVANCE lough without pay due to unforeseeable the notice of decision to the employee at (17) Part 771 is revised in its entirety circumstances, such as sudden break­ or before the time the action will be as set out below. downs in equipment, acts of God, or made effective. The notice shall be in 'Subpart A— General Provisions emergencies requiring immediate cur­ writing, be. dated, and inform the em­ Sec. tailment of activities. ployee: 771.101 Purpose. (2) When there is reasonable cause to (1) Which of the reasons in the notice 771.102 Definitions. believe an employee is guilty of a crime of proposed adverse action have been C overage for which a sentence of imprisonment found sustained and which have been can be imposed, the agency is not re­ found not sustained; 771.103 Agency coverage. quired to give the employee the full 30 771.104 Establishment and publication. (2) Of his right of appeal to the ap­ 771.105 Presentation of grievance. days’ advance written notice, but shall propriate office of the Commission; 771.106 Allegations of unfair labor practices. give him such less number of days ad­ (3) Of the time limit for appealing as 771.107 Employee coverage. vance notice and opportunity to answer provided in section 752.204; and, 771.108 Grievance coverage. as under the circumstances is reasonable (4) Where he may obtain information and can be justified. on how to pursue an appeal. T h e G rievance (d) Duty status during notice period. 771.109 Right to present grievance. § 752.203 Right of appeal to the Com­ 771.110 Avoidance of delay. Except as provided in paragraph (e) of m ission. this section, an employee against whom 771.111 Cancellation of grievance. adverse action is proposed is entitled to An employee is entitled to appeal to I n fo r m a l G r ievance P rocedure be retained in an active duty status dur­ the Commission from an adverse action 771.112 Establishment of informal proce­ ing the notice period. When circum­ covered by this subpart. The appeal dure. stances are such that the retention of shall be in writing and shall set forth 771.113 Presenting grievance under in­ the employee in an active duty status the employee’s reasons for contesting the formal procedure. in his position may result in damage to adverse action, with such offer of proof 771.114 Mandatory use of informal proce­ Government property or may be detri­ and pertinent documents as he is able to dure. mental to the interests of the Govern­ submit. F orm al G rievance P rocedure ment or injurious to the employee, his (a) Time limit fo r appeal. An employee 771.115 Presenting grievance under formal fellow workers, or the general public, may submit an appeal at any time after procedure. the agency may temporarily assign him receipt of the notice of adverse decision 771.116 Processing grievance under formal to duties in which these conditions will but not later than 15 days after the ad­ procedure. not exist or place him on leave with his verse action has been effected. The Com­ N egotiated G rievance S y st e m s consent. mission may extend the time limit on an 771.Ì17 Negotiated grievance systems. (e) Suspensions during notice period. appeal to it when the appellant shows In an emergency case when, because of that he was not notified of the time limit C o m m is s io n A c t io n the circumstances described in para­ and was not otherwise aware of it, or 771.118 Employee requests for review. that he was prevented by circumstances 771.119 Review of grievance systems. graph (d) of this section, an employee beyond his control from appealing with­ A u t h o r it y : 5 U.S.C. 1302, 3301, 3302; E.O. cannot be kept in an active duty status in the time limit. 10577, 3 CFR, 1954-1958 Comp, p. 218; E.O. during the notice period, the agency may (b) Finality of the decision. The deci- 10987, 3 CFR, 1959-1963 Comp, p. 519.

FEDERAL REGISTER, V O L 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 RULES ANO REGULATIONS 3 2 5 4 3

Subpart A— General Provisions senting a grievance under an agency tiated under section 11 of Executive Or­ grievance system shall: der 11491, as amended; § 771.101 Purpose. (1) Be assured freedom from restraint, (5) An action terminating a tempo­ This pari sets forth the regulations interference, coercion, discrimination, or rary promotion within a maximum period under which each agency shall establish reprisal; and of 2 years and returning the employee to an agency grievance system. <2) Be assured a reasonable amount thé position from which he was tempo­ § 771.102 Definitions. of official time if he is otherwise in an rarily promoted or reassigning or de­ In this part: active duty status. moting him to a different position that (a) Days mean calendar days. is not at a lower grade or level than the § 771.106 Allegations of unfair labor position from which he was temporarily (b) Employee includes a former em­ practices. ployee of an agency. promoted; (c) Examiner means a person utilized (a> An allegation of an unfair labor (6) Nonadoption of a suggestion or by an agency to conduct an inquiry, and, practice made in connection with a griev­ disapproval of a quality salary increase, when necessary, hold a hearing on a ance under this part shall be incorpo­ performance award, or other kind of grievance. rated in the grievance and processed un­ honorary or discretionary award; or, (d) Grievance means a request by an der this part; however, the decision on (7) A preliminary warning or notice employee, or by a group of employees the grievance may not be construed as of an action which, if effected, would be acting as individuals, for personal relief an unfair labor practice decision under covered under the grievance system or in a matter of concern or dissatisfaction Executive Order 11491, as amended. excluded from coverage under subpara­ which is subject to the control of agency (b) If an allegation of an unfair labor graph (1) of this paragraph. management. practice made in connection with a griev­ (c) This subpart does not apply to a C overage ance under Subpart C of this part has separation action. However, an agency already been filed with the Assistant may extend the coverage of its grievance § 771.103 Agency coverage. Secretary of Labor, the grievance may system to any aspect of a separation (a) Agencies covered. Except as pro­ not be processed under this part. action that is not subject to final admin­ istrative review outside the agency under vided in paragraph (b) of this section, § 771.107 Employee coverage. this part applies to the executive agen­ law or the regulations of the Commis­ cies and military departments as defined (a) Employees covered. Except as pro­ sion. by sections 105 and 102 of title 5, United vided in paragraph (b) of this section, T he G rievance this subpart applies to all employees of States Code, and to those portions of the § 771.109 Right to present grievance. legislative and judicial branches and of an agency. the government of the District of Co­ (b) Employees not covered. This sub­ (a) An employee is entitled to present lumbia having positions in the competi­ part does not apply to: a grievance under the agency grievance tive service. (1) A noncitizen appointed under system. The agency shall accept and (b) Agencies not covered. This part Civil Service Buie VIH, 5 8.3 of this process a properly presented grievance in does not apply to the Central Intelligence chapter; accordance with its grievance system ex­ Agency, the National Security Agency, (2) An alien appointed under section cept that an allegation of discrimination the Federal Bureau of Investigation, the 1471(5) of, title 22, United States Code; made in connection with a grievance Atomic Energy Commission, the Ten­ (3) A nonappropriated-fund employee shall be processed under Part 713 of this nessee Valley Authority, and the U.S. as defined in section 2105(c) of title 5 chapter. _ Postal Service. or section 4202(5) of title 38, United (b) An employee, in presenting his States Code; grievance, is entitled to communicate § 771.104 Establishment and publica­ with and seek advice from: tion. (4) A physician, dentist, or nurse ap­ pointed under chapter 73 of title 38, (1) His servicing personnel office; (a) Each agency shall establish and United States Code; (2) The Director of Equal Employ­ administer an agency grievance system in (5) A Foreign Service officer, Foreign ment Opportunity of the agency or an accordance with this part. ' Service Reserve officer, Foreign Service Equal Employment Opportunity Officer (b) In the development of its griev­ Information officer, and staff officers and or Counselor designated under Part 713 ance system, each agency shall give its employees appointed under chapter 14, of this chapter; employees an opportunity to express chapter 14A, or chapter 32 of title 22, (3) The counselor of the agency, or his their views and shall consult or negotiate United States Code; and deputy, designated under Part 735 of this with recognized labor organizations as (6) An employe^ otherwise included chapter; and required under the form of recognition under paragraph (a) of this section when (4) A supervisory or management offi­ held. he is a member of a class of employees cial of higher rank than the employee’s (c) Each agency shall publish the pro­ excluded from coverage by the Commis­ immediate supervisor. visions of its grievance system; make sion on the recommendation of the head § 771.110 Avoidance of delay. copies available to employees, their rep­ of the agency concerned. resentatives, veterans organizations, and (a) An agency shall give each griev­ recognized labor organizations; and no­ § 771.108 Grievance coverage. ance full, impartial, and prompt con­ tify employees where copies are available (a) Except as provided in paragraphs sideration and shall require that the for review. (b) and (c) of 4fifssection, this subpart decision on a grievance be issued within § 771.105 Presentation of grievance. applies to any matter of concern or dis­ 90 days after initiation of the informal satisfaction to an employee which is sub­ procedure established under § 771.112. (a) An employee, in presenting a ject to the control of agency manage­ (b) TO insure orderly processing, an grievance under an agency grievance sys­ ment. agency shall establish time limits for; tem, shall: (b) This subpart does not apply to: (1) Completion of action under the in­ (1) Be assured freedom from restraint, (1) A matter which is subject to final interference, coercion, discrimination, or formal procedure; reprisal; administrative review outside the agency under law or the regulations of the Com­ (2) Filing a grievance under the for­ (2) Have the right to be accompanied, mission; mal procedure after completion of action represented, and advised by a represent­ (2) The content of published agency under the informal procedure; ative of his own choosing; and policy; (3) Adjustment or referral of the Be assured a reasonable amount of official time if he is otherwise in an ac­ (3) Nonselection for promotion from a grievance under § 771.316(b) ; tive duty status. group of properly ranked and certified (4) Completion of the examiner's in­ (b) When an employee designates an­ candidates; quiry; and other employee erf the agency as his rep­ (4) A grievance over the interpreta­ (5) Issuance of the decision after com­ resentative, the representative, in pre­ tion or application of an agreement nego­ pletion of the examiner’s inquiry.

FEDERAI REGISTER, VOL. 39, NO . 175— MONDAY, SEPTEMBER 9, 1974 32544 RULES AND REGULATIONS

§ 771.111 Cancellation of grievance. (b) The deciding official shall attempt comply with the request of the examiner, it shall notify him in writing of the rea­ An agency shall cancel a grievance: to resolve the grievance. If he cannot resolve the grievance in a manner ac­ sons for that determination. If, in the (a) At the employee’s request; ceptable to the employee, he shall refer examiner’s judgment, compliance with (b) Upon termination of the em­ his request is essential to a full and fair ployee’s employment with the agency un­ the grievance for inquiry by an examiner. (c) An examiner who meets the hearing, he may postpone the hearing less the personal relief sought by the em­ until such time as the agency complies ployee may be granted after termination standards of experience and training pre­ scribed by the Commission shall conduct with his request. of his employment; an inquiry on a grievance referred under (11) Employees of the agency are in a (c) Upon the death of the employee duty status during the time they are unless the grievance involves a question paragraph (b) of this section. The agency shall provide a method for select­ made available as witnesses. of pay; or ing an examiner who (1) is fair, im­ (12) The agency shall assure witnesses (d) For failure to prosecute if the em­ partial, and objective, and (2) does not freedom from restraint, interference, co­ ployee does not fumich required infor­ occupy a position which is, directly or ercion, discrimination, or reprisal in pre­ mation and duly proceed with the ad­ indirectly, under the jurisdiction of an senting their testimony. vancement of his grievance. official involved in the grievance or the (13) The examiner, in his discretion, I nformal G rievance P rocedure deciding official, except when such an shall determine how the hearing shall be § 771.112 Establishment of informal official is the head of the agency. If an reported and shall have a verbatim tran­ procedure. agency desires to use an examiner from script or written summary of the hear­ another agency, the agency shall make ing prepared, including all pertinent doc­ Each agency shall establish a proce­ the arrangements. When these arrange­ uments submitted to and accepted by dure appropriate to its organization and ments are made, the examiner is on a re­ him. When the hearing is reported ver­ delegations of authority for the informal imbursable detail to the requesting batim, the examiner shall make the tran­ adjustment of grievances. agency. script a part of the record of the pro­ § 771.113 Presenting grievance under (d) The examiner shall conduct an ceedings. When the hearing is not re­ informal procedure. inquiry of a nature and scope appropriate ported verbatim, a suitable summary of to the issues involved in the grievance. the pertinent testimony shall be made, (a.) Time limit. (1) An employee may At the examiner’s discretion, the inquiry When agreed to in writing by the par­ present a grievance concerning a contin­ may consist o f: ties, the summary constitutes the report uing practice or condition at any time. (1) The securing of documentary of the hearing and is made a part of the (2) An employee shall present a griev­evidence; record of the proceedings. If thè exam­ ance concerning a particular act or oc­ (2) Personal interviews; iner and the parties fail to agree on the currence within 15 days of the date of (3) A group meeting; summary, the parties are entitled to sub­ that act or occurrence or the date he (4) A hearing; or mit written exceptions to any part of the became aware of that act or occurrence. (5) Any combination of subparagraphs summary, and those written exceptions The agency may extend the time limit in (1) through (4) of this paragraph. and the summary constitute the report this subparagraph for good cause shown (e) If a group meeting or hearing is of the hearing and are made a part of by the employee. held, a labor organization which holds the record-of the proceedings. (b) Form of grievance. An employeeexclusive recognition for the unit where (g) The examiner shall establish a may present a grievance under the in­ the employee is located shall be given an grievance file containing all documents formal procedure either orally or in opportunity to be represented. related to the grievancè, including state­ writing. (f) If a hearing is held the examiner ments of witnesses, records or copies § 771.114 Mandatory use of informal shall conduct the hearing to conform thereof, and the report of the hearing procedure. with the following. (1) Except as pro­ when a hearing was held, On completion vided in paragraph (e) of this section of his inquiry, the examiner shall make Each agency shall require that an em­ attendance at a hearing is limited to the grievance file available to the em­ ployee complete action under the infor­ persons determined by the examiner to ployee and his representative for review mal procedure before a grievance con­ have a direct connection with the griev­ and comment. Their comments, if any, cerning the same matter will be accepted ance. shall be included in the file. from him for processing under the for­ (2) The hearing is conducted so as to (h) After the employee and his repre­ mal procedure. bring out pertinent facts, including the sentative have been given an opportunity F ormal G rievance P rocedure production of pertinent records. to review the grievance file, the examiner (3) Rules of evidence are not applied shall prepare a report of his findings and § 771.115 Presenting grievance under strictly, but the examiner shall exclude recommendations and submit that re­ formal procedure. irrelevant or unduly repetitious testi­ port, with the grievance file, to the decid­ (a) An employee is entitled to present mony. ing official. The examiner diali also fur­ a grievance under the formal procedure (4) Decisions on the admissibility of nish the employee and his representative if he (1) has completed action under the evidence or testimony are made by the a copy of the report. informal procedure and (2) presents the examiner. (i) The deciding official shall accept grievance within the time limit estab­ (5) Testimony is under oath or affir­ the examiner’s recommendations and is­ lished by the agency under §771.110 mation. sue the decision on the grievance, except (b )(2). (6) The examiner shall give the par­ that: (b) The grievance shall (1) be in writ­ ties opportunity to cross-examine wit­ (1) If the head of the agency is the ing, (2) contain sufficient detail to iden­ nesses who appear and testify. deciding official, he shall consider the tify and clarify the basis for the griev­ (7) The examiner may exclude any grievance file and make the decision on ance, and (3) specify the personal relief person from the hearing for contuma­ the basis thereof. requested by the employee. cious conduct or misbehavior that ob­ (2) If the deciding official decides to structs the hearing. grant the relief sought by the employee, § 771.116 Processing grievance under (8) Both parties are entitled to pro­ he shall issue the decision accordingly formal procedure. duce witnesses. without regard to the examiner’s recom­ (a) The grievance shall be referred to (9) The agency shall make its em­ mendations. a deciding official at a level of manage­ ployees available as witneses before an (3) If the deciding official determines ment designated by the agency. The de­ examiner when requested by the ex­ that the examiner’s recommendations ciding official shall be at a higher ad­ aminer after consideration of a request are unacceptable, he shall transmit the ministrative level than any official who by the employee or the agency. grievance file with a specific statement of could have adjusted the grievance under (10) If the agency determines that it the basis for that determination to a the informal procedure. is not administratively practicable to higher level of authority, designated by

FEDERAL REGISTER, VOL. 39, NO. 175— MONDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32545 the agency, for decision. The deciding § 772.102 The Appeal» Review Board. the Appeals Authority may adjudicate official shall also furnish the employee The Appeals Review Board reports di­ the appeal if sufficient information for and his representative a copy of that rectly to the Commission. The board has that purpose is available. The Appeals statement. authority to reopen and reconsider any Authority may reopen an appeal closed (j ) The decision on the grievance shalldecision of the Federal Employee Ap­ under this section only on a showing by be in writing and shall contain findings peals Authority as provided in §772.310 the appellant that circumstances beyond on all issues covered by the examiner’s and has original jurisdiction of appeals his control prevented him from prose­ inquiry. to the Commission under Parts 300, 713, cuting his appeal. Negotiated G rievance S y st e m s 831 except Subpart L, 870, 871, 890 and § 772.304 Death of appellant. § 771.117 Negotiated grievance systems. 891 of this chapter. When an appeal covered by this part is This subpart does not apply to a griev­ Subpart B— [Reserved} filed properly before the death of an ance system established through a ne­ Subpart C— Commission’s Appellate appellant, the Commission shall process gotiated agreement between an agency Review of Actions Against Employees it to completion and adjudicate it unless the redress sought, or any other benefit and a labor organization to which exclu­ § 772.301 Coverage. sive recognition has been granted. that would accrue from a decision favor­ (a) Agency-initiated actions. Except asable to the appellant, is nullified by the C o m m issio n A ctio n otherwise provided, this subpart applies death of the appellant. The Appeals § 771.118 Employee requests for review. to appeals to the Federal Employee Ap­ Authority, in recommending corrective peals Authority (hereinafter referred to action in the decision on such an appeal, The Commission does not act on a re­ may provide for amendment of the quest by an employee for a review of an' as the Appeals Authority) under Subpart H of Part 315 of this chapter., Subpart agency’s records to show retroactive res­ agency’s action under an agency griev­ toration and the appellant’s continuance ance system. B of Part 330 of this chapter, Subpart I of Part 351 of this chapter, Subparts B, on the rolls in an active duty status to the §771.119 Review of grievance systems. C, E and F of Part 352 of this chapter. date of death. The Commission reviews agency griev­ Subpart G of Part 353 of this chapter, § 772.305 Evidence. Subparts D and E of Part 531 of this ance systems through its inspection Ca) Affidavits. Statements of wit­ activity. When it finds that a system or chapter, and Subparts B and C of Part 752 of this chapter. nesses shall be by affidavit, when prac­ operations thereunder do not conform ticable, and relative to the adverse de­ with the requirements of this part, the (b> Commission-initiated actions. Ex­ cept as otherwise provided, this subpart cision. It is the responsibility of both Commission requires corrective action to parties to the appeal to submit all evi­ bring the system or operations into con­ applies to appeals to the Appeals Au­ dence to the appropriate office of the formity. thority from adverse suitability deter­ Appeals Authority having jurisdiction. minations under Part 731 of this chap­ Cb) Availability of evidence and rep­ ter, adverse actions effected under Part PART 772— APPEALS TO THE 754 of this chapter, and from decisions resentations. A representative of the Ap­ COMMISSION peals Authority shall discuss all revelent of the Bureau of Retirement, Insurance, representations and evidence with both (18) New Subpart A is added to Part and Occupational Health on applications parties and make the representations 772 and Subpart C is revised in its en­ for disability retirement effected under and evidence available to them for re­ tirety as set out below. Part 831 of this chapter, and to appeals view. However, when adverse action has to the Appeals Review Board from de­ Subpart A— Offices of the Commission been taken, or decision on an application Authorized To Decide Appeals cisions of the Bureau of Retirement, In­ for disability retirement has been made, Sec. surance, and Occupational Health on is­ 772.101 The Federal Employee Appeals A u ­ on the basis of the reported mental con­ sues of entitlement to rights or benefits dition of the appellant or another condi­ thority. by claimants under Parts 831, 870, 871, 772.102 The Appeals Review Board. tion of such a nature that a prudent 890 and 891 of this chapter. In appeals, physician would hesitate to inform a Subpart B— [Reserved] under Part 754 of this chapter, the Com­ person suffering from it as to its exact Subpart C— Commission's Appellate Review of mission’s Bureau of Personnel Investiga­ Actions Against Employees nature and probable outcome, the repre­ tions is deemed the agency as that term sentative of the Appeals Authority shall 772.301 Coverage. is used in this subpart. 772.302 Time limit for appeal; make the medical evidence available only 772.303 Failure to prosecute. § 772.302 Time limit for appeal. to a duly licensed physician designated 772.304 Death of appellant. (a) The Appeals Authority may con­ in writing by the appellant or the appel­ 772.305 Evidence. sider an appeal only if the appeal is lant’s representative. 772.306 Allegations of discrimination. 772.307 Hearings. submitted within the time provided in § 772.386 Allegations of discrimination. 772.308 Closing the record. the part of the regulations of this chap­ (a) Except as provided in paragraph 772.309 Decision on appeal. ter concerning the subject of the appeal. (e> of this section, when an employee 772.310. Reopening and reconsideration by (b) The Appeals Authority may ex­ makes a timely allegation in writing in the Appeals Review Board. tend the time limit on an appeal when connection with an appeal under this 772.311 Board procedures in appeals di­ the appellant shows that he was not subpart that the agency’s, action was rectly to the board. notified of the time limit and was not 772.312 Review by the Commissioners. based in whole or in part on discrimina­ otherwise aware of it, or that he was tion because of race, color, religion, sex, Authority r 5 D.S.C. secs. 1302, 3301, 3302, prevented by circumstances beyond his or national origin, the Appeals Authority 5115, 5338, 7512, 7701, 8347; E.O. 10577, 3 CFR» control from appealing within the time shall determine whether the appellant 1954-1958 Comp. p. 218; E.O. 11491, 3 CFR, limit. When an appellant has not been 1966-70 Comp. p. 803; 772.401-772.404 also has been informed by the agency of his notified of a right of appeal, the Appeals right to proceed under this subpart or issued under 5 U.S.C. secs. 7151, 7154; E.O. Authority will accept an appeal only 11478, 3 CFR, 1966-70 Comp. p. 861. under Fart 713 of this chapter and of the when the appellant has exercised due scape of review provided in each pro­ Subpart A— Offices of the Commission diligence in discovering and pursuing the cedure. If the appellant has not been in­ Authorized To Decide Appeals administrative appeal available. formed of the separate rights of appeal, § 772.101 The Federal Employee Ap­ §772.303 Failure lo prosecute. the Appeals Authority shall refer the peals Authority. The Appeals Authority shall close an matter to the agency so the agency may The Federal Employee Appeals Author­ appeal for failure to prosecute if an explain the alternate rights of appeal ity reports directly to the Commission appellant does not furnish required in­ to the appellant as provided in § 713.236 of Part 713 of this chapter and afford and has authority to make final deci­ formation and duly proceed with the him the opportunity, if appropriate, to sions on appeals to the Commission ex­ advancement of his appeal. However, in­ elect which avenue of appeal he wishes cept as otherwise provided. stead of closing for failure to prosecute, to pursue.

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32546 RULES AND REGULATIONS

(1) The allegation of discrimination in a hearing, he shall so advise that office the proceedings and a copy of the tran­ connection with an action otherwise in writing. script shall be furnished to each party. appealable to the Commission may not (c) Hearing ■procedures. (1) An ap­ serve as a basis for extending the time pellant is entitled to appear at the hear­ § 772.308 Closing the record. for filing a complaint as provided in ing on his appeal personally or through (a) The Appeals Authority shall close § 713.214 of this chapter. or accompanied by his representative. the record in any case after the parties (2) If the employee chooses to pursue The agency is also entitled to participate to the appeal have had a full opportunity an appeal under the provisions of Part in the hearing. Both parties are entitled to present any and all relevant and mate­ 713 he may not concurrently pursue an to produce witnesses. The Appeals Au­ rial evidence. When there is a hearing, appeal to the Commission of the action thority is not authorized to subpoena the record shall be closed at the con­ that is otherwise appealable to the Com­ witnesses. clusion of the hearing except that the mission. However, on appeal of the (2) Any agency that has employees en­ appeals officer has discretion to permit decision of the agency to the Commis­ titled to appeal to the Appeals Authority the parties to submit written argument sion under § 713.231 of this chapter, the under this part shall make its employees or briefs after the record is closed. Commission will review all issues raised available as witnesses at the hearing (b) When the record is closed there is in connection with the action taken when (i) requested by the Appeals Au­ no right to submit additional evidence against the employee. thority after consideration of a request into the record. (b) Where an appellant elects to ap­ by the appellant or the agency and (ii) § 772.309 Decitton on appeal. peal directly to the Appeals Authority it is administratively practicable to com­ and alleges discrimination in connection ply with the request of the Appeals Au­ (a) The office of the Appeals Authority with the action appealed to the Appeals thority. If the agency determines that it having initial jurisdiction of the appeal Authority, the Appeals Authority shall is not administratively practicable to shall issue a written decision and send process the case under the regulations comply with the request of the Appeals copies thereof to the appellant, his rep­ appropriate to that appeal. The allega­ Authority, it shall submit to the Appeals resentative, and the agency. The deci­ tion of discrimination shall'be referred Authority its written reasons for the sion on each appeal covered by this part to the Equal Employment Opportunity declination. If the reason for the declina­ shall contain an analysis of the evidence, Officer of the agency for investigation tion is adequate, the Appeals Officer shall findings, a statement of the reasons for in accordance with § 713.216 of this chap­ insert the explanation in the record, the conclusions reached, and recom­ ter. The investigative file and a report notify the appellant that his request for mendation for any corrective action re­ thereon shall be sent to the Commission the witness (es) has been denied and pro­ quired. The agency shall report, within to be incorporated in and become a part vide the appellant with the reason for 30 calendar days after receipt of the of the appeal file under this subpart. the denial. Employees of the agency shall decision, that it has carried the decision (c) A decision on the appeal under be in a duty status during the time they into effect or that it is petitioning the this subpart may be made only after are made available as witnesses. Em­ Appeals Review Board to reopen arid re­ completion of investigation of the alle­ ployees of the agency shall be free from consider the decision under section gation of discrimination, except when restraint, interference, coercion, discrim­ 772.310 of this chapter. the decision on the appeal under this ination, or reprisal in presenting their (b) The decision of the appeals officer subpart is to reverse the appealed action testimony. is final and there is no further right of on the basis of failure to comply with (3) An appeals officer of the Appeals appeal. procedural requirements. Authority shall conduct the hearing and § 772.310 Reopening and reconsidera­ (d) The decision on the allegation of shall afford the parties opportunity to tion by the Appeals Review Board. discrimination shall be incorporated in introduce evidence (including testimony and become a part of the decision on and statements by the appellant, his rep­ (a) Request for reopening and recon­ the appeal under this subpart, except resentative, representatives of the sideration. Either party may request the when the decision has previously been agency, and witnesses), and to cross- Appeals Review Board (hereinafter re­ issued as provided in paragraph (c) of examine witnesses. Testimony is under ferred to as “Board” ) to reopen and re­ this section. oath or affirmation. Rules of evidence are consider any previous decision of an not applied strictly, but the appeals offi­ appeals officer. The Board may reopen (e) When the allegation of discrimi­ and reconsider the decision when the nation is presented for the first time in cer shall exclude irrelevant or unduly repetitious testimony. The appeals officer party requesting reopening submits writ­ a hearing under this subpart, and the ten argument or evidence which tends to employee shows good reason for not hav­ may exclude any person from the hear­ ing for contumacious conduct or mis­ establish that: ing presented the allegation when the (1) New and material evidence is appeal was filed, the appeals officer shall behavior that obstructs the hearing. suspend the hearing and refer the alle­ (4) Except as provided in subpara­ available that was not readily available gation for investigation and processing graph (5) of this paragraph, attendance when the decision of the appeals officer as provided in paragraphs (a) through at the hearing will be limited to persons was issued; (c) of this section. If the appeals officer determined by the appeals officer to have (2) The previous decision of the ap­ determines that the employee did not a direct connection with the appeal. peals officer involves an erroneous inter­ have good reason, the hearing shall be (5) When requested by the appellant pretation of law or regulation, or a mis­ broadened to include evidence and testi­ and the agency does not object, the ap­ application of established policy; or mony on the issue of discrimination peals officer shall hold a public hearing. (3) The decision of the appeals offi­ without referral to the agency for When the agency objects, the appeals cer is of a precedential nature involving investigation. officer may deny the appellant’s request new or urireviewed policy considerations only when he determines this action to that may have effect beyond the case at § 772.307 Hearings. be in the best public interest. The appeals hand. (a) Coverage. This section applies officer in his discretion, may close one (b) Limitations on agency request to only to appeals under Subpart B of Part or more sessions of a public hearing, reopen. (1) An agency may not request 752 of this chapter, Part 754 of this chap­ when he determines that this action is the Board to reopen and reconsider a ter, and Subpart L of Part 831 of this in the best interest of the appellant, a decision of an appeals officer when that chapter. witness, or the Government. The reasons decision reverses an original decision of (b) Right to a hearing. An appellant for the appeals officer’s decision to deny the Commission under Part 731 or Part a request for a public hearing or to close is entitled to a hearing before the office 754 of this chapter. of the Appeals Authority having juris­ one or more sessions of a public hearing diction of the appeal. That office shall shall be made a part of the record. (2) The Board may not consider an inform the appellant of his right to a (6) The hearing is reported verbatim. agency request to reopen and reconsider hearing. If the appellant does not desire The transcript is part of the record of a decision of an appeals officer after the

FERERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32547 agency has complied with the recom­ The Board may, in its discretion, afford extent of the temporary or conditional mended corrective action. the parties an opportunity to appear restoration of the employee to duty (3) A request by an agency to reopen personally and present oral argumént status in the position recommended by and reconsider a decision of an appeals and representations. the Board pending decision of the Com­ officer shall be filed no later than 30 dayà (g) Reconsideration decision of themissioners on the agency request for after receipt of the appeals officer’s board. When the Appeals Review Board reopening. The agency shall notify the decision. has reopened an appeals officer’s deci- Board and the employee in writing that (c) Where to file. Requests to reopen tion for reconsideration, it shall re­ the corrective action it takes is tempo­ and reconsider u decision of an appeals view the récord of the proceedings and rary or conditional at the same time it officer shall be filed with the Appeals Re­ all written representations. The board gives notice of’ intent to request reopen­ view Board, Ü.S. Civil Service Commis­ shall issue a written decision and shall ing. When the agency does not give no­ sion, Washington, D.C. 20415. send copies thereof to the parties and tice of intent to request reopening within (d) How to file. A request to reopen to the employee’s representative. The the time specified in the Board decision and reconsider a decision of an appeals decision of the board is final. When cor­ for the agency report of corrective ac­ officer shall be in writing and set forth in rective action is recommended, the tion, or When, after giving notice of detail the reasons for the request. agency shall report promptly to the intent to request reopening, the agency (e) Impact of a request to reopen board that the corrective action has been does not file a request for reopening upon the previous decision. (1) When taken. within 30 days from the date of the an employee or agency requests the §772.311 Board procedures in appeals Board decision, or when a request to re­ Board to reopen and reconsider a deci­ directly to the board. open is denied, the agency shall effect the sion of an appeals officer affirming an corrective action recommended by the original adverse decision of the Com­ (a) When a person files a timely ap­ Board, and there is no further right by mission under Part 731 or Part 754 of peal of an action appealable directly to the agency to request reopening. How­ this chapter, or a decision of an appeals the board, other than under Subpart D ever, service under the temporary or con­ officer affirming or reversing the original of this part, the board will review the ditional restoration provisions of this adverse decision of thè Bureau of Retire­ record of the proceedings and all relevant paragraph may not be credited toward ment, Insurance and Occupational written representations submitted by the the completion of a probationary or trial Health under Subpart L of Part 831 of parties to the appeal. There is no right period, eligibility for a within-grade in­ this chapter, that decision may not be to a hearing before the board. The board crease, or the completion of the service given, effect pending decision by thé may, in its discretion, afford the parties requirement for career tenure. an opportunity to appeal personally and Board. (19) Sections 772.401, 772.403, and (2) An agency request for reopening present oral arguments and representa­ tions. 772.404 are revised in their entirety as under paragraph (a) of this section shall set out below. stay the corrective action recommended (b) The board shall issue a written by the appeals officer except in those decision and shall send a copy to each § 772.401 Coverage. cases where the appeals officer has rec­ party and to the employee’s representa­ This subpart applies to appeals to the ommended: tive. The decision of the board is final. Appeals Review Board under Subpart A (i) The retroactive restoration of an When corrective action is recommended, of Part 300 of this chapter. the agency shall report within thirty employee who was removed under Sub­ § 772.403 Processing of appeal. part B of Part 752 of this chapter, Part days that it has carried the decision into 351 of this chapter or Subpart H of Part effect or that it is petitioning the Com­ (a) Right to a hearing. Except when 315 of this chapter, or missioners to reopen and reconsider an appeal is rejected on the basis of (ii) The cancellation of an indefinité the decision under § 772.312. v timeliness or on the basis of a prior final administrative decision, the appellant is suspension under Subpart B of Part 752 § 772.312 Review by the Commissioners. of this chapter. entitled to a hearing on his appeal. He (a) The Commissioners may, in their shall be notified in writing of his right The immediate action in such cases shall discretion, reopen and reconsider any to a hearing and allowed a reasonable be a temporary appointment, a tem­ previous decision on their own motion time to reply in writing either requesting porary restoration to duty status tò a or when the party requesting reopening a hearing or stating that he does not de­ position of like grade or pay, or a similar submits written argument or evidence sire a hearing. condtional action pending decision of which tends to establish that: (b) Hearing. (1) A hearing shall be the Board on the case. Evidence of tem­ (1) The previous decision of the Board conducted by a member of the board or porary or conditional compliance with on a request to reopen and reconsider by an appeals officer designated by the the appeals officer’s recommended cor­ involves policy implications extending Appeals Authority for that purpose. The rective action mu:t accompany the beyond the case at hand of such signif­ member or appeals officer, as appropri­ agency’s request for l „-opening to the icance as to merit the personal atten­ ate, shall schedule the hearing, con­ Board under subparagraph (1) or (2) of tion of the Commissioners; or sidering the convenience of the parties as this paragraph. However, service by the (2) A basis for reopening exists for to time and place, and shall notify the employee under the provisions of this the same reasons as those set out un­ parties of the time and place at least 15 paragraph may not be credited toward der § 772.310(a) in cases where the Board days in advance. The member or appeals the completion of a probationary or trial issued the original appellate decision. officer, as appropriate, shall take all ac­ period, eligibility for a within-grade in­ (b) When an agency gives notice of tion needed to control the hearing and crease, or the completion of the service intent to request reopening within the shall conduct the hearing in accordance requirement for career tenure. time specified in the decision of the Ap­ with § 772.307(c). (f) Board procedures. The Board shall peals Review Board for the agency report (2) The hearing shall be recorded ver­ review any request to reopen to deter­ of corrective action, the agency may not batim by an official reporter furnished by mine whether a basis for reopening un­ effect the corrective action recommended the Commission. The transcript of the der § 772.310(a) has been established. by the Board except as provided in this official reporter i!s the sole official tran­ When the Board determines that the paragraph. W hen the agency gives notice script. The transcript shall be made part request does not establish a basis for re­ of intent to request reopening, and when of the record and the official reporter opening the Board shall notify the re­ the appeal involves removal, separation, shall supply the parties, at their own questing party in writing of its decision or suspension continuing beyond the date expense, with a copy of the transcript at to deny the request. When the Board re­ of the request for reopening, and when a rate not in excess of the maximum opens a previous decision, the Board will rate fixed by contract between the Com­ determine and conduct whatever fur­ the Board decision recommends retro­ mission and the reporter. ther investigation is necessary. There is active restoration, the agency shall com­ (3) When the hearing is conducted fio right to a hearing before the Board. ply with the Board decision only to the by an appeals officer, he shall prepare a

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175----- 3 $2548 RULES AND REGULATIONS

report o f findings and recommendations A certified letter of appeal vftiitíh Is ad­ § 870:205 Appeals. for submission to tire Board. dressed to the last known post Office ad­ ?(c>) Decision t tlv e board. The Ap­ dress of a party is deemed sufficient 4a) A person may appeal (am addon of peals Review Board shall issue a written evidence of notice even though ft is his employing office denying regular in decision and send copies thereof to the returned unclaimed. surance coverage to the Bureau of r»' parties and to the appellant's represent­ (d) Each appeal shall show the nametirement, Insurance, ¿and Occupational ative. When the appeal 1s sustained, the and post office address o f appellant, his Health, United States Civil Service Cbm. ’decision shall inform the appellant ol retirement claim number, the date and mission, Washington, D.C. 20415. the corrective action directed by the .substance Of the action Worn which the ) The time for filing an appeal is not sideration Of tiie appeal, tire party may later than six months from the date of own motion or under the principles set apjjly to the Commissioners for an order forth in §772.810. mailing notice of the final action or ¡order directing Hie Bureau to forward the of wMch complaint is made. record to the Appeals Review Board for (5 TJ.S.G. 8716) PART 831— RETIREMENT adjudication as an appeal. The applica­ tion shall be in writing and shall set forth 420) Section 831.107 is revised as set fully and specifically the grounds on FART 871— OPTIONAL LIFE INSURANCE out below. winch it is based. (23) Section 2714106 is revised as set ’§ 831.107 Appeals. CD Except as provided in this section, oiff below. the Bureau shall execute the decision of fa) Except as provided in Subparts the Appeals Review Board within 60 days § 871.206 Appeals. K and X> of this part, a department, from the date c f receipt of notice of the 4a) A person may appeal an action of agency, or individual whose rights or decision, unless the Board sooner recalls interest under Subchapter HI of Chap­ his employing Office denying optional in­ the decision. The Appeals Review Board surance coverage to the Bureau of Re­ ter 83

FEDERAI REGISTER, V O L 39, N O . 175— M O ND AY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32549

(3) The Bureau of Retirement, Insur­ The quantity of lemons so fixed was ar­ conditions for lemons and the need for ance, and Occupational Health may- rived at after consideration of the total regulation; interested persons were af­ order the termination of an employee’s available supply of lemons, the quantity forded an opportunity to submit infor­ or annuitant's enrollment in a group of lemons currently available for mar­ mation and views at this meeting; it is practice plan and permit his enrollment ket, the fresh market demand for lemons, necessary, in order to effectuate the de­ in another plan upon a showing satis­ lemon prices, and the relationship of sea­ clared policy of the act, to make this factory to the Bureau that the furnishing son average returns to die parity price section effective during the period herein of adequate medical care is jeopardized for lemons. specified; and compliance with this sec­ tion will not require any special prepara­ by a seriously impaired relationship be­ § 910.955 Lemon Regulation 655. tween a patient and the plan’s medical tion on the part of persons subject (a) Findings. (1) Pursuant to the staff. hereto which cannot be completed on or (d) The Commission does not adjudi­ marketing agreement, as amended, and before the effective date hereof. Such cate individual claims for payment or Order No. 910, as amended (7 CFR Part committee meeting was held Septem­ service under health benefits plans, nor 910), regulating the handling of lemons ber 3, 1974. does it arbitrate or attempt to com­ grown In California and Arizona, effec­ (b) Order. <1) The quantity of lemons promise disputes between an employee tive under the applicable provisions of grown in California and Arizona which or annuitant and his carrier as to claims the Agricultural Marketing Agreement may be handled during the period Sep- for payment or service. Act of 1937, as amended (7 U.S.C. 601- thember 8, 1974, through September 14, 674), and upon the basis of the recom­ tember 8, 1974, through September 14, (5 U.S.C. 8913) mendations and information submitted (2) As used in this section, “ handled,” PART 891— RETIRED FEDERAL by the Lemon Administrative Commit­ and “carton (s) ” have the same meaning EMPLOYEES HEALTH BENEFITS tee, established under the said amended as when used in the said amended mar­ marketing agreement and order, and keting agreement and order. (25) Section 891.105 is revised as set upon other available information, It is out below. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. hereby found that the limitation of han­ 601-674) § 891.105 Appeals. dling of such lemons, as hereinafter pro­ Dated: September 5, 1Q74. (a) A retired employee may appeal any vided, will tend to effectuate the declared determination by the Bureau of Retire­ policy of the act. C harles R . B rader, ment, Insurance, and Occupational (2) Hie need for this section to limit Deputy Director, Fruit and Veg­ Health that he is not eligible to make an the quantity of lemons that may be mar­ etable Division, Agricultural election or to receive a Government con­ keted during the ensuing week stems Marketing Service. from the production and marketing sit­ tribution under this part. The appeal [FR Doc.74-20808 Filed 9-5-74; 12:21 pm] shall be made in writing, within 90 uation confronting the lemon industry. (i) The committee has submitted its calendar days of the determination, to Title 14— Aeronautics and Space the Appeals Review Board, United States recommendation with respect to the quantity of lemons it deems advisable to CHAPTER 1— FEDERAL AVIATION ADMIN­ Civil Service Commission, Washington, be handled during the ensuing week. D.C. 20415. ISTRATION, DEPARTMENT OF TRANS­ Such recommendation resulted from PORTATION •(b) The Commission may order cor­ consideration of the factors enumerated rection of administrative errors at any [Airworthiness Docket No. 74-SW-26; Arndt. in the order. The committee further re­ 39-1954] time. ports the demand for lemons has de­ (c) The Commission does not adjudi­ creased because of cool and rainy PART 39— -AIRWORTHINESS DIRECTIVES cate individual claims for payment or weather in several Mid-West areas. Bell Model 206A and 206B Helicopters service under health benefits plans, nor Average f.o.b. price was $6.60 per carton does it arbitrate or attempt to compro­ the week ended August 31, 1974, com­ A proposal to amend Part 39 of the mise disputes between retired employees pared to $7.12 per carton the previous Federal Aviation Regulations to include and carriers as to claims for payment or week. Track and rolling supplies at 161 an airworthiness directive requiring a service. cars were down 21 cars from last week. modification of the inboard ribs on cer­ (80 Stat. 607; 6 TJ.S.C. 8913) (ii) Having considered the recom­ tain right and left stabilizers of Bell Model 206A and 206B helicopters was Effective date: September 9, 1974. mendation and information submitted by the committee, and other available published in 39 FR 20994. U nited S tates C iv il S erv­ information, the Secretary finds that the Interested persons have been afforded ice C o m m issio n , quantity of lemons which may be han­ an opportunity to participate in the [seal] J ames C. S p r y , dled should be fixed as hereinafter set making of the amendment. One written Executive Assistant forth. comment was received objecting to the to the Commissioners. (3) It is hereby further found that it issuance of the AD which duplicates Bell (PR Doc.74-20774 Filed 9-6-74; 8:48 am] is impracticable and contrary to the pub­ Service Bulletins Nos. 206-01-73-7 and lic interest to give preliminary notice, 206-01-74-1. The FAA is responsible for issuing Title 7— Agriculture engage in public rulemaking procedure, and postpone the effective date of this AD’s to correct unsafe conditions. Serv­ CHAPTER IX— AGRICULTURAL MARKET­ section until 30 days after publica­ ice Bulletins issued by the manufacturer ING SERVICE (MARKETING AGREE­ tion hereof In the F ederal R egister to correct unsafe conditions are not en­ MENTS AND ORDERS; FRUITS, VEGE­ (5 U.S.C. 553) because the time inter­ forceable and the manufacturer cannot TABLES, N U TS ), DEPARTM ENT OF vening between the date when in­ assure compliance with the service bul­ AGRICULTURE formation upon which this section is letins. Therefore it is incumbent on the [Lemon Beg. 655] based became available and the time FAA to issue AD’s to require compliance DART 910— LEMONS GROWN IN when this section must become effective with certain service bulletins. The AD CALIFORNIA AND ARIZONA in order to effectuate the declared pol­ does not require further work if the icy of the act is insufficient, and a rea­ modifications in Sendee Bulletins Nos. Limitation of Handling sonable time is permitted, under the 206-01-73-7 and 206-01-74-1 have al­ This regulation fixes the quantity of circumstances, for preparation for such ready been accomplished. California-Arizona lemons that may be effective time; and good cause exists for In consideration of th e foregoing, and shipped to fresh market during the making the provisions hereof effective as pursuant to the authority delegated to weekly regulation period Sept. 8-14,1974. hereinafter set forth. The committee me by the Administrator (31 FR 13697), «is issued pursuant to the Agricultural held an open meeting during the cur­ § 39.13 of Part 39 of the Federal Aviation Marketing Agreement Act of 1937, as rent week, after giving due notice regulations is amended by adding the amended, and Marketing Order No. 910. thereof, to consider supply and market following new airworthiness directive:

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32550 RULES AND REGULATIONS

B e l l . Applies to Bell Model 206A and 206B To detect cracking of the horizontal stabi­ [Airspace Docket No. 74-SO-91] helicopters as noted herein, certificated lizer spar at the outboard elevator hinge in all categories. bracket attachment accomplish the follow­ PART 71— DESIGNATION OF FEDERAL ing: AIRWAYS, AREA LOW ROUTES, CON­ Compliance required within 100 hours After the effective date of this AD TROLLED AIRSPACE, AND REPORTING time in service after the effective date of (1) For the Swearingen Model SA226-TC POINTS this A.D., unless already accomplished. before next flight, inspect right and left rear To prevent possible failure of the inboard horizontal stabilizer spar in the vicinity of Revocation of Control Zone ribs with possible loss of a stabilizer on Model the outboard elevator hinge bracket attach­ 206A and 206B helicopters, serial numbers 1 The purpose of this amendment to Part ment for cracks above and below the hinge 71 of the Federal Aviation regulations is through 913 equipped with horizontal stabi­ bracket in the radii of the rear spar flanges lizer, P/N 206-020-119, replace any cracked to revoke the Greenwood, S.G., control running spanwise. zone. inboard ribs and modify all inboard ribs by (2) For the Swearingen Models SA226-AT installing a doubler specified in and using and SA226-T airplane accomplish the same The Greenwood control zone is de­ the applicable procedures described in Items inspection as called out in paragraph (1) scribed in § 71.171 (39 FR 354), and was 3 through 24, Bell Helicopter Company Serv­ above before the next 10 hours of flight designated under the provision that ice Bulletin No. 206-01-73-7, Revision A, time. Southern Airways perform the required dated December 11, 1973 or later PAA ap­ (3) If no cracks are found, accomplish weather observation and dissemination proved revision. repetitive inspections in accordance with To prevent excessive movement of the service. paragraph (1) after initial inspection at in­ Since Southern Airways suspended horizontal stabilizer Install Horizontal Sta­ tervals not to exceed 50 hours of flight. bilizer Stop Kit, P/N 206-704-096-3, on scheduled service into Greenwood County Model 206A and 206B helicopters, Serial (4) If cracks are found before further Airport on August 4, 1974, and discon­ Numbers 1 through 1251, in accordance with flight repair rear horizontal stabilizer in tinued weather observation and dissemi­ Bell Helicopter Company Service Bulletin No. accordance with Swearingen Aviation Corp. Service Bulletin No. A27-40-2064-3067-4067, nation service, the criteria for retention 206-01-74-1, Revision A, dated May 6, 1974 of the control zone no longer exists. It is or later PAA approved revision. dated August 23, 1974, or later FAA approved revision, or in a manner approved by the necessary to revoke the control zone. This amendment becomes effective Chief r Engineering and Manufacturing In consideration of the foregoing, Part October 13,1974. Branch, Southwest Region, and continue 71 of the Federal Aviation regulations is repetitive inspections in accordance with amended, effective immediately, as here­ (Sections 313(a), 601, and 603 of the Fed­ paragraphs (1) and (3) above. eral Aviation Act of 1958 (49 U.S.C. 1354(a), inafter set forth. 1421, and 1423) and of section 6(c) of the This amendment becomes effective to In §71.171 (39 FR 354), the Green­ Department of Transportation Aqt (49 U.S.C. owners and operators on receipt of the wood, S.C., control zone is revoked. 1655(c)).) amendment and becomes effective to all (Sec. 307(a) of the Federal Aviation Act of Issued in Port Worth, Texas on Au­ other persons on September 2, 1974. 1958 (49 U.S.C. 1348(a)) , and of Sec 6(c) of gust 29,1974. (Sections 313(a), 601 and 603 of the Federal the Department of Transportation Act (49 H enry L. Newman, Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, UJB.C. 1655(c))). Director, Southwest Region. and 1423) and of Section 6(c) of the Depart­ ment of Transportation Act (49 U.S.C. Issued in East Point, Ga., on August 29, [PR Doc.74—20696 Piled 9-6-74;8:45 am] 1655(c)). 1974. Issued in Port Worth, Texas on Au­ Ph illip M. S watek, [Airworthiness Docket No. 74—SW-37; Arndt. gust 23,1974. D irector, Southern Region. 39-1950] H enry L. Newman, [FR Doc.74-20699 Filed 9-6-74;8:45 am] PART 39— AIRWORTHINESS DIRECTIVES Director, Southwest Region. Swearingen Models SA226-T, SA226-AT, [PR Doc.74-20697 Filed 9-6-74;8:45 am] [Airspace Docket No. 74-CE-17] and SA226-TC Airplanes PART 71— DESIGNATION OF FEDERAL There have been four cases of crack­ [Airspace Docket No. 74-SO-40] AIRWAYS, AREA LOW ROUTES, CON­ ing of the Swearingen Model SA226-TC TROLLED AIRSPACE, AND REPORTING left horizontal stabilizer rear spar at the PART 71— DESIGNATION OF FEDERAL POINTS AIRWAYS, AREA LOW ROUTES, CON­ outboard elevator hinge bracket attach­ Alteration of Transition Area ment that could result in failure of the TROLLED AIRSPACE, AND REPORTING horizontal stabilizer and possible loss of POINTS The purpose of this amendment to the aircraft. Since this condition is likely Alteration of Transition Area: Withdrawal Part 71 of the Federal Aviation regula­ tions is to alter the Clinton, Missouri, to exist or develop in other airplanes of On June 6,1974, P.R. Doc. No. 74-13034 the same type design, an airworthiness transition area. directive is being issued to require repeti­ was published in the F ederal R egister The Clinton NDB (non-directional tive inspections of the horizontal stabi­ (39 FR 20191) amending Part 71 of the beacon) is described in the Clinton, Mis­ lizer for cracks and repair if necessary Federal Aviation regulations by altering souri, transition area designation. There on Swearingen Models SA226-T, the Jacksonville, Fla., transition area. are also Clinton NDB’s described in the SA226—AT, and SA226-TC aircraft. Clinton, Iowa, and Clinton, Oklahoma, Subsequent to publication of the rule, transition area designations. To avoid The Models SA226-T and SA226-AT use it was determined that the instrument the same stabilizer design and are pos­ duplication and the possibility of mis­ sibly subject to the same conditions as approach procedure (RADAR-A) to Her- leading pilots, the Clinton, Missouri, the Model SA226-TC. long Airport, Jacksonville, Fla., would not NDB is being renamed the Golden Valley Since a situation exists that requires be implemented. NDB. Accordingly, alteration of the immediate adoption of this regulation, In consideration of the foregoing, the Clinton, Missouri, transition area is nec­ it is found that notice and public proce­ amendment contained in Airspace Dock­ essary to reflect this name change. dure hereon are impracticable and good et No. 74-SO-40 (F.R. Doc. No. 74- Since this amendment is minor in cause exists for making this amendment effective in less than 30 days. 13034) is withdrawn. nature and imposes no additional burden In consideration of the foregoing, and (Sec. 307(a) of the Federal Aviation Act of on any person, notice and public pro­ 1958 (49 U.S.C. 1348(a)) and of Sec. 6(c) of cedure hereon are unnecessary. pursuant to the authority delegated to the Department of Transportation Act (49 me by the Administrator, 31 PR 13697, TT.S.C. 1655(c)).) In consideration of the foregoing, Part § 39.13 of Part 39 of the Federal Aviation 71 of the Federal Aviation regulations Issued in East Point, Ga„ on August 30, regulations is amended by adding the is amended effective 0901 GMT, Novem­ following new airworthiness directive. 1974. P hillip M. S watek, ber 7, 1974, as hereinafter set forth: S w ea r in g en . Applies to Models SA226-T, In § 71.181.(39 FR 440), the following SA226-AT, and SA226-TC. Director, Southern Region. Compliance required as Indicated. [FR Doc.74-20698 Filed 9-6-74;8:45 am] transition area is added:

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32551

C l in t o n , M isso u r i tions were made to these modifications; and another facility is serving that par­ That airspace extending upward from therefore, they are adopted as proposed. ticular segment. For consistency with the 700 feet above the surface, within five miles While no objection was made with re­ provisions of § 93.63(d), that paragraph of the Golden Valley, Missouri NDB (latitude spect to eliminating the exclusion of the is excepted from the revised provisions of 38°21'32" N., longitude 93*41'IT" W.); and airspace below 300 feet along the west 193.57(e). within three miles either side of the 084® side of the Anchorage Airport traffic Finally, several nonsubstantive changes bearing from the NDB extending from the area, one comment stated that it was not to the landmarks used in describing five-mile radius to eight miles northeast of clear what effect this change would have boundaries of the airport traffic area theRBN. on float plane operators that have pre­ and changes to the appropriate diagrams (Section 307(a) the Federal Aviation Act of viously operated in the excluded airspace. in Appendix A resulting from the amend­ 1958 (49 U.S.C. 1348), and of Section 6(c) of Under this amendment, those operators, ments adopted herein have been made. the Department of Transportation Act (49 as suggested in this comment, must re­ This amendment has been charted by UJ3.G. 1665(c))) main west of the airport traffic area (but the National Oceanic and Atmospheric Issued in Kansas City, Missouri, on may be operated east of Fire Island). Administration. The revised charts are August 26,1974. It was proposed in the notice to amend effective on July 18, 1974. Safety re­ A . L. C oulter, § 93.53 to exclude the Merrill and Lake quires that there be no inconsistency be­ Director, Central Region. Hood segments from the airport traffic tween the charted upper limit of the [PR Doc.74-20700 Filed 9-6-74;8:45 am] area when the control towers were not in Anchorage, Alaska, Airport Traffic Area operation. After further consideration, and the upper limit prescribed in this the FAA believes that this would have the amendment. To prevent this inconsist­ [Docket No. 12425; Arndt. No. 93-29] undesirable effect of suspending the basic ency, it is essential that this amendment PART 93— SPECIAL AIR TRAFFIC RULES airport traffic area rules in this airspace, be effective at the earliest possible time. AND AIRPORT TRAFFIC PATTERNS and, therefore, withdraws this proposal. The FAA, therefore, finds that good cause It was also proposed in the notice to exists for making this amendment effec­ Anchorage, Alaska, Airport Traffic Area delete §§ 93.61(c) and 93.63(d) which re­ tive less than 30 days after publication The purpose of this amendment is to quire persons piloting aircraft within the in the F ederal R egister. It is accordingly make several modifications to the An­ Lake Hood and Merrill segments to com­ made effective upon such publication. chorage, Alaska, Airport traffic area. The municate with the Anchorage Interna­ (Sections 307(a) and 313(a) of the Federal modifications include a minor revision tional Airport control tower when the Aviation Act of 1958 (49 U.S.C. 1348(a) and in the boundary separating the Lake towers within those segmènts were not 1354(a));- and section 6(c) of the Depart­ Hood and Merrill segments, elimination operating. However, the FAA now be­ ment of Transportation Act (49 U.S.C. of the exclusion of the airspace below 300 lieves that communication is-desirable, in 1655(c))). feet over the water along the west side the interest of safety, under those con­ In consideration of the foregoing, Part of the Anchorage Airport traffic area, an ditions. 93 is amended, effective September 9, increase in the ceiling of the airport traf­ The FAA, after further consideration, 1974 as follows; fic area from 2,700 feet MSL to 3,000 feet has determined that this communication 1. Section 93.53 is amended to read as MSL, modification of the communication can be preserved by remoting the Lake follows: rules for the airport traffic area and the Hood frequencies to Anchorage tower Merrill segment, and a minor change in when Lake Hood tower is not operating. § 93.53 Description of area. the description of the airport traffic area. This will allow Anchorage tower to re­ The Anchorage Airport traffic area is On December 9, 1972, a notice of pro­ tain communications with pilots on the designated as that airspace extending posed rulemaking (Notice 72-32) was Lake Hood frequencies within the Lake upward from the surface to, but not in­ published in the F ederal R egister (37 Hood segment when Lake Hood tower is cluding, 3,000 feet MSL. It is bounded PR 26344) proposing to amend Part 93 not operating. Similarly, Merrill tower by a line beginning at Point MacKenzie of the Federal Aviation regulations by frequencies are remoted to the Anchor­ extending westerly along the bank of making several minor modifications to age Flight Service Station when the Mer­ Knik Arm to a point intersecting an arc the Anchorage, Alaska, Airport traffic rill tower is not in operation. Pilots of five-statute-mile radius circle cen­ area. Interested persons were afforded within the Merrill segment will be pro­ tered on the geographical center of an opportunity to participate in the pro­ vided service by communicating with the Anchorage International Airport; thence posed rulemaking through the submis­ Anchorage Flight Service Station. Sec­ counterclockwise along that arc to its sion of comments. tion 93.61(c) is, therefore, not amended, intersection with the new Seward High­ Two comments were received in re­ and § 93.63(d) is amended to provide way; thence northerly along the new sponse to the notice. One commentator that pilots communicate with Anchorage Seward Highway to its intersection with concurred in the proposal. The other sug­ Flight Service Station when the Merrill Tudor Road; thence easterly along Tudor gested that Lake Hood traffic continue tower is not in operation. Road to its intersection with Muldoon to communicate with Anchorage Inter­ The notice proposed to revoke § 93.67 Road; thence northerly along Muldoon national Airport Control Tower when the (b) as being a redundant rule regarding Road to a point one-half statute mile Lake Hood Control Tower is not operat­ compliance with the Bryant traffic pat­ south of Palmer Highway; thence north­ ing, and suggested that the Anchorage tern. After further consideration the FAA easterly. along a line one-half statute Plight Service Station serve Merrill traf-' believes this rule is necessary to retain mile east of and parallel to Palmer High­ fic when the Merrill Control Tower is the basic Bryant traffic pattern rules way to its intersection with a line one- not operating. As discussed below, these when the Bryant tower is not operating half statute mile east of and parallel to suggestions are adopted herein. and, therefore, withdraws the proposal. Bryant Airport runway 16/34; thence The notice proposed a revision in the Further review of the Anchorage Air­ northeastward along this line to its in­ boundary separating the Lake Hood and port traffic area rules indicated that a tersection with the south boundary of Merrill segments in order to provide an minor change to § 93.57(e) should be Restricted Area R-2203A; thence west additional segment of airspace for Mer­ made for clarification. Accordingly, the along the southern boundaries of R - rill traffic which was of minimal use and section is changed from referring to radio 2203A and R-2203B; thence north along benefit to Lake Hood traffic. The notice communication with the “control tower the west boundary of R-2203B to its in­ also proposed elimination of the 300-foot serving the airport” to refer instead to tersection with an arc of a five-statute- exception to the airport traffic area over- the “control tower serving the segment mile radius circle centered on the geo­ lying the tidal flats of Knik Arm and containing the airport of landing or take­ graphical center of Elmendorf Air Force Turnagain Arm. Additionally, the notice off.” This will eliminate possible confu­ Base; thence counterclockwise along this Proposed raising the ceiling of the area sion in the situation where the control arc to its intersection with the west bank from 2,700 feet to 3,000 feet. No objec­ tower within a specific segment is closed of Knik Arm; thence southerly along the

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 32552 RULES AND REGULATIONS west bank of Knik Ann to the point of § 93.55 Subdivision of area. § 93.57 General rules: all segments. beginning. However, it does not include ***** ***** the following: \ (b) Merrill segment—that area lying (a) That airspace at and below 600 (e) Except as provided in § 93.63(d) feet MSL, north of a line beginning at within a line begining at Point Mac- each person piloting an aircraft shall the intersection of Farrell Road and the Kenzie extending directly to the mouth maintain two-way radio communications northeast boundary of the airport traffic of Fish Creek; thence along Fish Creek with the control tower serving the seg­ area extending westerly along Farrell to Northern Lights Boulevard; thence ment containing the airport of landing or takeoff. Road to the east end of Sixmile Lake; direct to the intersection of Tudor Road thence along a line bearing on the middle and the new Seward Highway; thence § 93.63 [ Amended ] of Lake Lorraine to the boundary of the airport traffic area. east and north along the airport traffic 4. Section 93.63(d) is amended by de­ (b) That airspace at and below 600 area boundary to a point directly east leting the words “Anchorage Interna­ feet MSL, south of a line beginning at of the intersection of Palmer Highway tional Airport Control Tower” and in­ serting the words “Anchorage Flight the intersection of the new Seward High­ and Boniface Parkway; thence due west Service Station” in place thereof. way and Dimond Boulevard extending on a direct line through that intersection westerly along Dimond Boulevard to to Ship Creek; thence along Ship Creek 5. The first two diagrams (Anchorage Sand Lake Road thence due west to the Airport Traffic Area) in Appendix A are boundary of the airport traffic area. to its mouth;. thence on a direct line amended to reflect the changes effected (c) [Reserved] toward the center of Lake Lorraine' to by Items 1 and 2, above. The two dia­ (d) That airspace described as the the airport traffic area boundary; thence grams, as amended, are set forth below. “ Bryant segment” in § 93.55(e), when the counterclockwise along the airport traffic Issued in Washington, D.C., on Au­ Bryant control tower is not in operation. area boundary to the point of beginning. gust 20,1974. 2. Section 93.55(b) is amended to read 3. Section 93.57(e) is amended to read J ames E. D ow , as follows: as follows: Acting Administrator.

FEDERAL REGISTER, V O L 39, N O . 175— M O ND AY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32553

APPENDIX A. I. ANCHORAGE AIRPORT TRAFFIC AREA; TRAFFIC PATTERNS

* * * .. », * »v.v

: v t . L rì\*. * .s *

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 Unless otherwise authorized by ATC n

R-2203A

BRYANT SEGMENT UE AD REGULATIONS AND RULES

Vor. 25* 6

ANCHORAGE AIRPORT TRAFFIC AREA

Below 3000' MSI

[FR Doc. 74-20076 Filed 8-6-74:8:45 ami FEDERAL REGISTER* VOL. 39, IMO- 175— MQNPAY, SEPTEMBER 9, 1974 J RULES AND REGUtATIONS 32555

Title 16— Commercial Practices ris Jakel, individually, and as an officer statement acknowledging receipt of said o f said corporation, and Saul Jakel, indi­ order from each such person. CHAPTER I— FEDERAL TRADE vidually, and as General Manager of said It is further ordered, That each indi­ COMMISSION corporation, and respondents’ officers, vidual respondent named herein [Docket 8898-0}, agents, representatives, and employees promptly notify the Commission of the PART 13— PROHIBITED TRADE directly or through any corporation, sub­ discontinuance of his present business or PRACTICES sidiary, division, or other device, in con­ employment and of his affiliation with a nection with any consumer credit sale or new business or employment. Such no­ Beauty-Style Modernizers, Inc., et al. any advertisement to aid, promote, or tice shall include respondents’ current Subpart—Advertising falsely or mis­ assist directly or indirectly any exten­ business address and a statement as to leadingly: § 13.73 Formal regulatory and sion of consumer credit, as “consumer the nature of the business or employ­ statutory requirements; 13.73-92 Truth credit” and “ advertisement” are defined ment in which he is engaged as well as in Lending Act; § 13.155—Prices ; 13.155- in Regulation Z (12 CFR 226) of the a description of his duties and respon­ 95 Terms and conditions; 13.155-95(a) Truth in Lending Act 'Pub. L. 90-321,15 sibilities. Truth in Lending Act. Subpart—Mis­ U.S.C. 1601 et seq.), do forthwith cease It is further ordered, That respond­ representing oneself and goods—Goods: and desist from; ents notify the Commission at least §13.1623 Formal regulatory and statu­ 1. Failing, in any consumer credit thirty (30) days prior to any proposed tory requirements; 13.1623-95 Truth in transaction or advertisement, to make change in the corporate respondent, such Lending Act. —Prices: § 13.1823 Terms all disclosures determined in accordance as dissolution, assignment, or sale re­ and conditions; 13.1823-20 Truth in with §§226.4 and 226.5 of Regulation sulting in the emergence of a successor Lending Act. Subpart—Neglecting,, un­ Z, in the manner, form and amount re­ corporation, the creation or dissolution fairly or deceptively, to make material quired by §§ 226.6, 226.7, 226.8, 226.9, and of subsidiaries, or any other change in disclosure: § 13.1852 Formal regulatory 226.10 of Regulation Z. the corporation which may affect com­ and statutory requirements; 13.1852-75 2. Failing to use the term “cash down- pliance obligations arising out of the Truth in Lending Act; § 13.1905 Terms payment” to disclose and describe the order. and conditions; 13.1905-60 Truth in amount of the downpayment in money Lending Act. made in connection with the credit sale, Final order of the Commission issued on June 11„ 1974. (Sec. 0, 38 Stat. 721; (15 U.S.C. 46}. Inter­ as required by § 226.8(c)(2) of Regula­ pret or apply sec. 5, 38 Stat. 719, as amended, tion z . Charles A. T obin, 83 Stat. 146, 147; (15 U.S.C, 45, 1601-1605) } 3. Failing to use the term “unpaid Secretary. [Cease and desist order, Beauty-Style Mod­ balance of cash price” to disclose and [FB Doc.74-20733 Filed 9-6-74;8:45 am] ernizers, Inc., et al., Newark, N J , Docket describe the difference between the cash 8898 June 11, 1974] price and the cash downpayment, trade- In the Matter o f Beauty Style M odern­ in, or total downpayment, as required by [Docket C—2516} izers, Inc., a corporation, and Morris § 226.8(c) (3) of Regulation Z. 4. Failing to use the term “amount PART 13— PROHIBITED TRADE Jakel and Saul Jakel, individually and PRACTICES as officers of said corporation. financed” to disclose and describe the Order requiring a Newark, N.J., seller amount of credit which the customer has Doyle Dane Bernbach, Inc. of home improvement materials, sup­ the actual use of, as required by § 226.8 Subpart—Advertising falsely or mis­ plies, and installation, services, among (c) (7) of Regulation Z. leadingly: § 13.20 Comparative data or other things to cease violating the Truth 5. Failing to use the term “total of merits; § 13.170 Qualities or properties in Lending Act by failing to disclose to payments” to disclose and describe the of product or service; 13.170-2 Air con­ consumers in connection with the exten­ sum of the payments scheduled to repay ditioning; 13.170-20 Cooling, refriger­ sion of consumer credit, such informa­ the indebtedness, as required by § 226.3 ating; § 13.280 Unique nature or ad­ tion as required by Regulation Z of the (b) (3) of Regulation Z. vantages. Subpart—Misrepresenting one­ said Act. 6. Representing, directly or by impli­ self and goods—Goods: § 13.1575 The final order, including further or­ cation, in any advertisement as “adver­ Comparative data or merits; § 13.1710 der requiring report of compliance there­ tisement” is defined in Regulation Z the Qualities or properties: § 13.1770 Unique with is as follows : 1 amount of the downpayment required or nature or advantages. This matter having been heard by the that no downpayment is required, the amount of any installment payment, the (Sec. 6, 38 Stat. 721; (15 U.S.C. 46). Inter­ Commission upon respondents’ appeal prets or applies sec. 5, 38 Stat. 719, as from the administrative law judge’s dollar amount of any finance charge, the amended; (15 U.S.C. 45.)) [Cease and desist initial decision, and upon briefs and oral number of installments or the period of order, Doyle Dane Bernbach, Inc., New York, argument in support thereof and in op­ repayment, or that there is no charge N.Y., Docket C-2516, June 25,1974.} position thereto; and the Commission for credit, unless all of the following items are stated in terminology pre­ In the Matter of Doyle Dane Bernbach, having rendered its decision denying the Inc., a corporation. appeal and adopting the initial decision: scribed under § 226.8 of Regulation Z: U is ordered, That respondents, (i) The cash price; Consent order requiring a New. York Beauty-Style Modernizers, Inc., Morris (ii) The amount of the downpayment City, advertising agency, among other Jakel and Saul Jakel shall, within sixty required or that no downpayment is things to cease misrepresenting air cool­ (60) days after service upon them of required, as applicable ; ing products as having unique features, this order, file with the Commission a re­ (iii) The number, amount, and due and the cooling, circulation, or dehumid­ port, in writing setting forth in detail dates or period of payments scheduled ification capabilities of such products as the manner and form in which they have to repay the indebtedness if the credit well as the amount of electric power used complied with the order to cease and is extended; by such products. desist. (iv) The amount of the finance charge The Decision and Order, including Commissioner Nye did not participate. expressed as an annual percentage rate; further order requiring report of com­ The order to cease and desist con- and pliance therewith is as follows.1 tamed in Ihe initial decision is as fol­ (v) The deferred payment price. It is ordered, That respondent Doyle lows: Ft is furth er ordered, That respond­ Done Bernbach Inc., its successors and is ordered, That respondents, ents deliver a copy of this order to cease assigns, officers, agents, representatives, Byt y -style Modernizers, Inc., a corpo- and desist to all present and future and employees, directly or through any ratian, its successors and assigns, Mor- personnel of respondents engaged in the corporation, subsidiary, division, or other consummation of any extension of con­ device, in connection with the advertis- 1 Copies o f the complaint, Initial decision, sumer credit or in any aspect of prepa­ opinion, and final order filed with the orig- ration, creation, or placing of advertis­ 1 Copies of tike complaint, decision and document. ing, and that respondents secure a signed order, filed with the original document.

FEDERAL REGISTER, VOL. 99, NO . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175----- 4 32556 RULES AND REGULATIONS

ing, offering for sale, sale or distribu­ dissolution of subsidiaries, or any other It is ordered, That respondents, Walco tion of any room air cooling product or change in the corporation which may Toy Company, Inc., and Samuel S. Wal­ central air cooling system, hereinafter re­ affect compliance obligations arising out lach shall, within sixty (60) days after ferred to as “such products,” in com­ of the Order. service upon them of this order, file with merce, as commerce is defined in the Fed­ It is further ordered, That the re­ the Commission a report, in writing, eral Trade Commission Act, do forth­ spondent herein shall within sixty (60) setting forth in detail the manner and with cease and desist from: days after service upon it of this order, form in which they have complied with 1. Representing, directly or by implica­ file with the Commission a report, in the order to cease and desist. tion, that the button which activates the writing, setting forth in detail the man­ Commissioner Nye did not participate. highest fan speed on any room air cool-, ner and form in which it has complied The order to cease and desist contained ing product is a unique feature of such with this order. in the initial decision is as follows: room air cooling product; It is ordered, That respondent Walco 2. Representing, directly or by implica­ Decision and Order issued by the Com­ mission June 25,1974. Toy Company, Inc., a corporation, and tion, that any such products have a but­ its officers, and Samuel Wallach, indi­ ton, control, device, or other feature Charles A. T obin, vidually and as an officer of said corpo­ which is unique, unless such is the fact; Secretary. ration, and respondents’ agents, repre­ 3. Representing, directly or by implica­ [FR Doc.74-20736 Filed 9-6-74;8:46 am] sentatives, employees, successors and tion, that any such products are unique assigns, directly or through any corpora­ in any other material respect, unless tion, subsidiary, division, or other device, such is the fact; [Docket 8921-o] in or in connection with the offering for 4. Representing, directly or by impli­ sale, sale and distribution of toy, gift and cation, that any such room air cooling PART 13— PROHIBITED TRADE PRACTICES hobby products or any other products, in products have an initial cooling capa­ commerce, as “commerce” is defined in bility which is substantially greater than Walco Toy Company, Inc., et al. the Federal Trade Commission Act, do that.of comparable room air conditioners Subpart—Furnishing means and in­ forthwith cease and desist from: made by other companies, unless, at the strumentalities of misrepresentation or 1. Packaging said products in over­ time such representation is made, re­ deception: • § 13.1055 Furnishing means sized boxes or other containers so as to spondent has a reasonable basis for such arid instrumentalities of misrepresenta­ create the appearance or impression that representation, which shall consist of tion or deception; § 13.1057 Packaging the length, width, thickness and other competent scientific, engineering, or deceptively; 13.1057-40 Oversized con­ dimensions of products contained in such other similar objective material. (For tainers. Subpart—Misrepresenting one­ boxes or containers are appreciably the purposes of this paragraph the term self and goods—Goods: 1 13.1698 Pack­ greater than is the fact, or that the “ initial cooling capability” shall refer to aging deceptively; § 13.1720 Quantity; amount or quantity of products con­ the speed with which a room air con­ § 13.1743 Size or weight. Subpart—Pack­ tained in such boxes or containers is ditioner, upon initial activation of the aging or labeling of consumer commodi­ appreciably greater than is the fact; unit, is able to lower the temperature to ties unfairly and/or deceptively: Provided, That nothing in this order a given temperature in the area being § 13.2100 Packaging or labeling of con­ shall be construed as prohibiting re­ cooled); sumer commodities unfairly and/or spondents from using oversized con­ 5. Making, directly or-4?y implication, deceptively. tainers if respondents advise the Com­ any other statements or representations mission of the use of such containers as to: (Sec. 6, 38 Stat. 721; (15 U.S.C. 46). Inter­ prets or applies sec. 5, 38 Stat. 719, as and justify such usage as necessary for (a) The air cooling, circulation, or amended; (15 U.S.C. 45)) [Cease and desist the efficient packaging of the products dehumidification capabilities of such order, Walco Toy Company, Inc., et al., New contained therein and establish that re­ products, unless, at the time such repre­ York, N.Y., Docket 8921-o, June 25, 1974] spondents have made all reasonable ef­ sentation is made, respondent has a rea­ In the Matter of Walco Toy Company, forts to prevent any misleading appear­ sonable basis for such representation, . Inc., a Corporation, and Samuel S. ance or impression^: rom being created by which shall consist of competent scien­ Wallach, Individually and as an Of­ the use of such containers; tific, engineering or other similar objec­ ficer of said Corporation. 2. Packaging said products in boxes or tive material; and other containers which have pictorial and (b) The efficiency of use of electric ’ Order requiring a New York, N.Y., written matter, and box design, which power of such products, unless, at the seller and distributor of toys, gift and misrepresent in any respect the length, time such representation is made, re­ hobby products to jobbers and retailers, width, thickness or other dimensions of spondent has a reasonable basis for such among other things to cease packaging products contained in such boxes or con­ representation, which shall consist of its products in oversized boxes or other tainers or which misrepresent in any re­ competent scientific tests, or industry­ containers; packaging its products in spect the amount or quantity of products wide standards based on such tests estab­ boxes or other containers which misrep­ contained in such boxes or containers; lished by the Association of Home Appli­ resent the size, amount, or quantity of and ance Manufacturers, the Air Condition­ products contained in such boxes or con­ 3. Providing wholesalers, retailers, or ing and Refrigeration Institute, or a tainers; and providing wholesalers, re­ other distributors of said products with similar organization, or by an agency of tailers, or other distributors of its prod­ any means or instrumentality with which the government of the United States. ucts with means with which to deceive to deceive the purchasing public in the Provided, however, that it shall be a the purchasing public. manner described in Paragraphs 1 and 2 defense under paragraphs (1), (2) and The final order, including further above. (3) of this Part that respondent can order requiring report of compliance It is further ordered, That respondents establish that it neither knew nor had therewith is as follows: \ or their successors or assigns notify the reason to know of the falsity of the This matter having been heard by the Commission at least thirty (30) days representation of uniqueness. Commission upon respondents' appeal prior to any proposed change in the from the administrative law judge’s ini­ corporate respondent such as dissolution, It is further ordered, That the re­ assignment, or sale resulting in the emer­ spondent corporation shall forthwith tial decision, and upon briefs and oral argument in support thereof and in gence of a successor corporation, the distribute a copy of this order to each of creation or dissolution of subsidiaries or its operating divisions. opposition thereto; and the Commission having rendered its decision denying the any other change in the corporate It is further ordered, That respondent respondent which may affect compliance notify the Commission at least thirty appeal and adopting the initial decision: obligations arising out of this order. (30) days prior to any proposed change It is further ordered, That the in it such as dissolution, assignment, or 1 Copies of the complaint, initial decision, individual respondent named herein sale resulting in the emergence of a opinion and final order filed with the orig­ promptly notify the Commission of the successor corporation, the creation or inal document. discontinuance of his present business or

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32557 employment and of his affiliation with a and employees, directly or through any sales promotional material for any such new business or employment. Such notice corporation, subsidiary, division, or other products; snail include such respondent’s current device in connection with the advertis­ 2. which provided the basis upon which business address and a statement as to ing, offering for sale, sale or distribution respondent relied as of the time those the nature of the business or employment of Whirlpool brand room air cooling claims were made; in which he is engaged as well as a de­ products or Whirlpool brand central air 3. which shall be maintained by re­ scription of his duties and responsibili­ cooling systems, hereafter referred to as spondent for a period of three years from ties. _ “such products,” in commerce, as “com­ the date such advertising or sales promo­ It is further ordered, That respondents merce” is defined in the Federal Trade tional material was last disseminated by distribute a copy of this Order to all Commission Act, do forthwith cease and Whirlpool Corporation. firms, and to all individuals not associ­ desist from: It is further ordered, That the provi­ ated with such firms, engaged in the de­ 1. Representing, directly or by impli­ sions of this Section n shall expire ten sign of respondents’ product packages, cation, that the button which activates years from the date this order becomes and to all managerial, supervisory, and the highest fan speed on any of Whirl­ final. sales personnel of corporate respond­ pool brand room air cooling products is It is further ordered, That the re­ ent Walco Toy Company, Inc. a unique feature of such room air cool­ spondent corporation shall forthwith dis­ It is further ordered, That the respond­ ing products; tribute a copy of this order to each of ents herein shall, within sixty (60) days 2. Representing, directly or by impli­ its operating divisions. after service upon them of this Order, cation, that any such products have a It is further ordered, That the re­ file with the Commission a report, in button, control, device, or other feature spondent corporation notify the Com­ writing, setting forth in detail the man­ which is unique, unless such is the fact; mission at least thirty (30) days prior ner and form in which they have com­ 3. Representing, directly or by impli­ to the effective date of any proposed plied with this Order. cation, that any such products are change in corporate identity, such as unique in any other material respect un­ dissolution, transfer or sale of assets, or Final order of the Commission issued less such is the fact; on June 25,1974. merger or consolidation resulting in the 4. Representing, directly or by impli­ emergence of a successor corporation or Charles A. T obin, cation, that any such Whirlpool brand the creation or dissolution of subsidiaries, Secretary. room air cooling products have an ini­ if such proposed change may affect com­ [FR Doc.74-20735 Filed 9-6-74;8:45 am] tial cooling capability which is substan­ pliance obligations arising out of this tially greater than that of comparable order. room air conditioners made by other It is further ordered, That the re­ [Docket C-2515] companies, unless, at the time such rep­ spondent herein shall within sixty (60) PART 13— PROHIBITED TRADE resentation is made, respondent has a days after service upon it of this order, PRACTICES reasonable basis for such representation, file with the Commission a report, in which shall consist of competent scien­ writing, setting forth in detail the man­ Whirlpool Corporation tific, engineering, or other similar ob­ ner and form in which it has complied Subpart—Advertising falsely or mis­ jective material (for the purposes of with this order. leadingly: § 13.20 Comparative data or this paragraph the term "initial cooling merits; § 13.170 Qualities or properties of capability” shall refer to the speed with Decision and Order issued by the Com­ product or service; 13.170-2 Air condi­ which a room air conditioner, upon mission June 25,1974. tioning; 13.170-20 Cooling, refrigerating; initial activation of the unit, is able to C harles A. T obin, § 13.280 Unique nature or advantages. lower the temperature to a given tem­ Secretary. perature in the area being cooled); Subpart—Failing to maintain records: [FR Doc.74-20734 Filed 9-6-74;8:45 am] §13.1051 Failing to maintain records; 5. Making, directly or by implication, 13.1051-10 Accurate. Subpart—Misrep­ any other statements or representations resenting oneself and goods—Goods: as to: Title 17— Commodity and Securities §13.1575 Comparative data or merits; (a) the air cooling, circulation, or Exchanges § 13.1710 Qualities or properties; dehumidification capabilities of such CHAPTER II— SECURITIES AND § 13.1770 Unique nature or advantages. products, unless, at the time such rep­ EXCHANGE COMMISSION (Sec. 6, 38 Stat. 72i; (15 U.S.C. 46). Inter­ resentation is made, respondent has a [Rel. No. 34-10995] prets or applies sec. 5, 38 Stat. 719, as reasonable basis for such representation, amended; (15 U.S.C. 45.)) [Cease and desist which shall consist of competent scien­ PART 240— GENERAL RULES AND REG­ order, Whirlpool Corporation, Benton Harbor, tific, engineering, or other similar objec­ ULATIONS, SECURITIES EXCHANGE Mich., Docket C-2515, June 25, 1974.] tive material; and ACT OF 1934 In the Matter of Whirlpool Corporation, (b) the efficiency of use of electric Rule 1 7 a -l, a Recordkeeping Rule; a Corporation power of such products, unless,, at the Suspension of Effective Date time such representation is made, re­ The Securities and Exchange Commis­ Consent order requiring a Benton Har­ spondent has a reasonable basis for such bor, Mich., seller and distributor of air sion has announced that it is suspending representation, which shall consist of the effective date of Securities Exchange conditioners, among other things to cease competent scientific tests, or industry­ Act Rule 17a-l (17 CFR 240.17a-l) from misrepresenting air cooling products as wide standards based on such tests es­ September 2,1974 until December 2,1974. having unique features, and the cooling, tablished by the Association of. Home On May 17, 1974 the Commission an­ circulation, or dehumidification capabili­ Appliance Manufacturers, the Air Con­ nounced the adoption, under the Securi­ ties of such products as well as the ditioning and Refrigeration Institute, or ties Exchange Act of 1934, of Rule 17ar-l, amount of electric power used by such a similar organization, or by an agency which requires every national securities Products. The seller and distributor is of the government of the United States. exchange and association to keep on file further required to cease failing to main­ It is ordered, That respondent Whirl­ for a period of five years all documents tain and produce records in support of pool Corporation do forthwith cease and which it makes or receives in the course claims for its air cooling products. desist from failing to maintain and pro­ of its business as such and in the conduct The Decision and Order, including duce accurate records which may be in­ of its self-regulatory activity. The Com­ further order requiring report of com­ spected by duly authorized representa­ mission also announced, on that day, an pliance therewith is as follows.1 tives of the Federal Trade Commission amendment to Exchange Act Rule 17a-6 It is ordered, That respondent Whirl­ upon reasonable written notice by the (17 CFR 240.17a-6) which was intended pool Corporation, its successors and as­ Commission: to avoid any undue burden which the signs, officers, agents, representatives, 1. which consist of documentation inadoption of Rule 17a-l might impose on support of any claims covered under any a self-regulatory organization. The 1 Copies of the complaint, decision and paragraph of Section I of this Order amendment permits, pursuant to a plan, order, filed with the original document. which are included in advertising or the destruction and/or the retention on

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32558 RULES AND REGULATIONS microfilm or other recording medium of Director and Deputy Director of the Di­ the Fort area starts at 42*55' N. latitude documents kept by national securities ex­ vision of Color Technology of that 70°47.7" W. longitude; thence due west changes and associations. Both the new Bureau are authorized to certify batches to the New York-Vermont boundary; rule and the amendments were to become of color additives for use in foods, drugs, thence south along the New York State effective on September 2 ,1974.1 The effec­ or cosmetics, under section 706 of the line to the southern boundary of Massa­ tive date of new Rule 17a-l is being post­ Federal Food, Drug, and Cosmetic Act. chusetts; thence east along the south­ poned in order to provide the self-regula- * ' * * * * ern boundary of Massachusetts, except tory organizations additional time to pre­ the waters of Congamond Lakes, to pare record destruction plans under ¡Rule Effective date. This order shall be ef­ fective September 9, 1974. 42o04.1' N. latitude, 71°06 W. longitude; 17a-6 as amended. thence southeast to 41*40.6' N. latitude, (Secs. 17(a), 23(a); 48 Stat. 897, 901; as (Sec. 701(a), 52 Stat. 1055; <21 U.S.C. 70° 43' W. longitude, except the waters’ amended 49 Stat. 1379, 52 Stat. 1076; 15 U.S.C. 371(a))) of Sippican Harbor, its bays, coves, and 78q(a), 78w(a).) Dated: August 30, 1974. inlets; thence southeast to 41*32' N.’lati­ By the Commission. tude and 70°42' W. longitude; thence S am D . F in e, south to 41°31' N. latitude, 70*41.6' w. [ seal] G eorge A. F itzsim m o n s, Associate Commissioner longitude; thence east through the Secretary. for Compliance. passage between Woods Hole and Nona- A ugust 30,1974. [FR Doc.74-20714 Filed 9-6-74;8:45 am] messet Island; thence south to 4l°30' [FR Doc.74-20704 Filed 9-6-74;8:45 am] N. latitude, 70°40' W. longitude; thence Title 33— Navigation and Navigable Waters southwest to 41°22' N. latitude and Title 21— Food and Drugs 70°51' W. longitude. CHAPTER I— COAST GUARD, CHAPTER I— FOOD AND DRUG ADMIN­ DEPARTMENT OF TRANSPORTATION 2. Section 3.05-15 is revised to read ISTRATION, DEPARTMENT OF HEALTH, [CGD 74-169] as follows: EDUCATION, AND WELFARE § 3.05—15 Portland, Maine Marine In­ SUBCHAPTER A— GENERAL PART 3— COAST GUARD AREAS, DIS­ spection Zone and Captain of the TRICTS, MARINE INSPECTION ZONES, Port. PART 2— ADMINISTRATIVE FUNCTIONS, AND CAPTAIN OF THE PORT AREAS PRACTICES, AND PROCEDURES First Coast Guard District (a) The Portland, Maine Marine In­ Revision of Delegations of Authority spection Office and Captain of the Port Relating to Certification of Color Additives These amendments revise the descrip­ Office are located in Portland, Maine. tion of the three captain of the port The Commissioner of Food and Drugs (b) The boundary of the Portland, is amending “Part 2—Administrative areas and the three marine inspection Maine Marine Inspection Zone and Cap­ Functions, Practices, and Procedures” zones of the First Coast Guard District tain of the Port area starts at 42*55' N. (21 CFR Part 2) to provide for revised in Part 3 of title 33, Code of Federal latitude, 70°47.7' W. longitude; thence delegations relating to authority to cer­ Regulations. due west to the western boundary of the tify color additives. A reorganization of The boundary descriptions of the ma­ Vermont State line; thence north along the Bureau of Foods abolished the Office rine inspection zones in §§ 3.05-10(b), the westernmost Vermont County bound­ of Technology. (A statement of organiza­ 3.05-15 (b), and 3.05-20 (b) are revised to aries of Bennington, Windsor, Orange, tion, functions, and delegations of au­ clarify these boundaries by describing Washington, Lamoille, Caledonia, and thority for the Food and Drug Adminis­ locations in terms of geographic coordi­ Essex to the United States-Canada tration was published in the F ederal nates. The Boston Captain of the Port, border; thence continuing along the R egister of May 29,1974 (39 FR 18696)). Providence Captain of the Port and United States-Canada border to 44*48.8' The Director of that Office has been des­ Portland, Maine Captain of the Port N. latitude, 66°57' W. longitude. ignated as the Associate Director for areas are. revised to coincide with the boundaries of the marine inspection zone 3. Section 3.05-20 is revised to read as Technology. The revision reflects this follows: change in the delegation of authority. in which each captain of the port is Further redelegation of the authority located. The descriptions of the three § 3.05—20 Providence Marine Inspection redelegated hereby is not authorized. Au­ captain of the port areas, as amended Zone and Captain of the Port, thority redelegated hereby to a position by this document, are transferred to (a) The Providence Marine Inspec­ by title may be exercised by a person of­ §§ 3.05-10, 3.05-15, and 3.05-20. Accord­ ingly, §§ 3.05-55, 3.05-60, and 3.05-70, tion Office and Captain of the Port Of­ ficially designated to serve in such posi­ fice are located In Providence, Rhode tion in an acting capacity or on a tem­ that contain the present descriptions of porary basis, unless prohibited by a these areas, are deleted. Island. restriction written into the document Since these amendments are matters (b) The boundary of the Providence designating him as “ acting” or unless not relating to agency organization, they are Marine Inspection Zone and Captain of legally permissible. exempt from the notice of proposed rule- the Port area starts at 41° 18.2' N. lati­ making requirements in 5 U.S.C. 553(b) Therefore, pursuant to provisions of (3) (A ), and rince these amendments are tude, 71°51.6' W. longitude, and pro­ the Federal Food, Drug, and Cosmetic Act not substantive, they may be made effec­ ceeds north along the Rhode Island (sec. 701(a), 52 Stat. 1055; (21 U.S.C. State line, including the waters of Beach 371(a)) and under authority delegated to tive in less than 30 days after publication the Commissioner (21 CFR 2.120), Part 2 in the F ederal R egister under 5 U.S.C. Pond, to the Massachusetts State line; is amended in § 2.121 by revising para­ 553(d). % thence east to 42°04.1’ N. latitude, 71°06' graph (f) to read as follows: In accordance with the foregoing, Part W. longitude;, thence southeast to 41 °- 3 of Chapter 1 of Title 33 of the Code of § 2,121 Redelegations of authority from Federal Regulations is amended a s . 40.6' N. latitude, 70°43' W. longitude, in­ the Commissioner to other officers of follows: cluding the waters of Sippican Harbor, the Administration. 1. Section 3.05-10 is revised to read asits bays, coves, and inlets; thence south­ • * * * * follows: east to 41*32' N. latitude and 70*42' W. (f) Delegations regarding certification § 3.05—10 Boston Marine Inspection longitude; thence south to 41*31' N. lati­ of color additives. The Director and Zone and Captain of the Port. tude, 70*41.6' W. longitude; thence east Deputy Director of the Bureau of Foods, (a) Hie Boston Marine Inspection through the passage between Woods the Associate Director and Deputy As­ Hole and Nonamesset Island; thence sociate Director for Technology, and the Office and Captain of the Port Office are located in Boston, Massachusetts. south to 41*30' N. latitude, 70*40' W.; 1 Securities Exchange Act Release No. 10809 (b) The foundary of the Boston thence southwest to 41*22' N. latitude, (May 17,1974) 39 FR 18765. Marine Inspection Zone and Captain of and 70*51' W. longitude.

FEDERAL REGISTER, V O L 39, N O . 175— M O NDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32559

88 3.05—55, 3.05—60, 3.05—70 [D e- an agency to make an award before ade­ these revisions with specific exceptions 8 leled] quate consideration can be given to the pursuant to the provisions of 40 CFR merits of a bid protest, including a pro­ 51.8. 4. Sections 3.05-55, 3.05-60, and 3.05-test under consideration by the GAO. Fifty-six (56) compliance schedules 70 are deleted. However, no award shall be made prior were submitted by the State of West Vir­ ,5 uSC 552; 14 Ù.S.C. 633; 80 Stat. 937 to final disposition of bid protests un­ ginia for the Environmental Protection ¡49 Ü.S.C. 1655(b)(1)); 49 CFR 1.46(b)) less it is authorized in advance by an Agency’s approval. Of these, twenty-six Effective d ate: These amendments are official at an appropriate management (26) were evaluated and proposed for effective on September 9, 1974. level -above the contracting officer, as approval in the F ederal R egister on the designated by the head of an agency. The above date. The remaining compliance Dated: August 30, 1974. authorizing official shall promptly notify schedules submitted by the State were O . W . S ile r , the head of the agency of each such au­ not proposed for approval either because Admiral, U.S. Coast Guard thorization and award. Such notification the dates for final compliance will have Commandant. shall include an explanation of the ex­ passed by the date of this publication, or ceptional circumstances that justified because the Environmental Protection [FR Doc.74-20695 Filed 9-6-74;8:45 am] making an award prior to resolution of Agency is still negotiating with the State the bid protest. The following are ex­ and the individual sources to correct de­ Title 34— Government Management amples of considerations that may jus­ ficiencies appearing in the schedules. CHAPTER II— OFFICE OF FEDERAL MAN­ tify such prompt award: The Administrator will take no action AGEMENT POLICY, GENERAL SERVICES (A) The items to be procured are with regard to the compliance schedules ADMINISTRATION urgently required. of three sources proposed for approval SUBCHAPTER B— PROCUREMENT (B) Delivery or performance will be whose dates for final compliance will MANAGEMENT delayed by failure to make award have passed by the date of this publica­ [FMC 74-3] promptly. tion. The sources so affected include (ii) Prompt notice and explanation Preston County Coal & Coke Corporation, PART 212— GOVERNMENT-WIDE PROCE­ should be given to GAO when a decision Brockway Glass Company, and Sharon DURES FOR PROCESSING PREAWARD Steel Corporation. PROTESTS AGAINST CONTRACT AWARD is made to award or make other ap­ Processing Preaward Protests Against propriate disposition prior to completion The Administrator has not received of consideration of a protest by GAO. public comments concerning the pro­ Contract Award posed approval of the compliance sched­ A u t h o r it y : Executive Order 11717 (38 FR The purpose of this issuance is to re­ 12315, May 11, 1973). ules listed in the April 30, 1974, F ederal vise certain portions of Federal Manage­ R egister notice. ment Circular 74-3, appearing as FR Doc. Effective date: This regulation is effec­ Each revision established a date by 74-16688 on page 26641 in the July 22, tive immediately. which an Individual air pollution source 1974 issue. These revisions replace the Dated: August 29, 1974. must attain comnliance with an emission originally published procedures for re­ limitation specified by the State Im­ A rthur F. S am pson, plementation Plan. This date is indicated solving protests while under considera­ Administrator of General Services. tion by the General Accounting Office in the table below under the heading and for award in exceptional circum­ [FR Doc.74-20758 Filed 9-6-74;8:45 am] “Final compliance date” . In most cases, stances prior to resolution of a protest. the schedules include incremental steps Section 212.4(c) (4) and (5) is revised Title 40— Protection of Environment toward compliance with interim dates to read as follows: for achieving those steps. While the tablé [FRL 249-1] below does not list these interim dates, § 212.4 Applicability and scope. CHAPTER I— ENVIRONMENTAL the actual compliance schedules do. * * * * * PROTECTION AGENCY Evaluation reports have been prepared (C) * * * SUBCHAPTER C— AIR PROGRAMS for each listed compliance schedule and (4) Resolution of protests during GAO are available for public inspection at the consideration, (i) When an agency has PART 52— APPROVAL AND PROMULGA­ Region i n Office in Philadelphia, Penn­ received and considered afl information TION OF STATE IMPLEMENTATION PLANS sylvania. All the compliance schedules and evaluated all pertinent factors avail­ West Virginia: Approval of Compliance listed here are available for public in­ able at the time pertaining to a protest Schedules spection at the following locations: and has made a determination with re­ Section 110 of the Clean Air Act, as Environmental Protection Agency spect to its disposition, prompt action to amended, and the implementing regula­ Region m effect an award or other justifiable dis­ tions of 40 CFR Part 51, require each Curtis Building position should be taken; however, when State to submit a plan which provides Sixth and Walnut Streets a protest lias been filed with the GAO, for the attainment and maintenance of Philadelphia, Pennsylvania 19106 agencies should consider the desirability the national ambient air quality stand­ West Virginia Air Pollution Control Commis­ of withholding disposition of the bid pro­ sion ards throughout the State. Each such 1558 Washington Street, East test and contract award pending com­ plan is to contain legally enforceable pletion of the GAO consideration. Such Charleston, West Virginia 25311 compliance schedules setting forth the Freedom of Information Center withholding may be authorized except dates by which all stationary and mobile Environmental Protection Agency when delay pending completion of con­ sources must be in compliance with any 401 M Street, S.W. sideration of a protest by the GAO is applicable requirement of the plan. Washington, D.C. 20460 likely to significantly prejudice the On May 31, 1972 (37 FR 10842), pur­ agency’s programs or otherwise seriously suant to section 110 of the Clean Air Act Each compliance schedule listed below disadvantage the Government. and 40 CFR Part 51, the Administrator has been adopted by the West Virginia (ii) Prompt notice and explanation approved portions of West Virginia’s Air Pollution Control Commission and should be given to GAO where a protest State Implementation Plan. submitted to the Environmental Protec­ is resolved and a decision is made to Pursuant to 40 CFR § 51.6, the State tion Agency after notice and public hear­ award or make other appropriate dis­ of West Virginia has submitted for the ing in accordance with the procedural position. Environmental Protection Agency’s ap­ requirements of 40 CFR Part 51. (5) Award in exceptional circum­ proval, revisions to the compliance The Administrator finds that these stances prior to resolution o f protest, (i) schedule portion of its plan. The ap­ State submitted compliance schedules While every bid protest should be dis­ proval of these revisions was proposed by are presently in effect for all sources posed of prior to any procurement action, the Administrator on April 30, 1974 (39 listed and EPA approval imposes no exceptional circumstances may require FR 15050). This publication approves added burdens upon the sources. Accord-

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 32560 RULES ANO REGULATIONS ingly, the Administrator finds good cause Subpart XX—West Virginia October 11, 1974, the Table of Assign­ to make this regulation effective Septem­ 1. Section 52.2524(c) is amended byments (§ 73.202(b) of the Commission’s ber 9,1974. adding the paragraph as follows: rules and regulations) is amended as (42 u s e I 16570-6) concerns Victorville, California, to read § 52.2524 Compliance schedules. as follows: Dated: August29,1974. ***** City Channel No R ussell E. T rain , (c) The compliance schedules for theVictorville, Calif______276A Administrator. sources identified below are approved as meeting the requirements of §51.15 of 5. It is further ordered, That this pro­ ceeding is terminated. Part 52 of Chapter 2, Title 40 of the this chapter. AU regulations cited are air Code of Federal Regulations is amended pollution control regulations of the State (Secs. 4, 303, 307, 48 Stat., as amended 1066 as follows; of West Virginia. 1082, 1083 (47 U.S.C. 154, 303, 307).) Adopted: August 28,1974. Regulation Date of E ffective Final Source Location involved adoption date compliance Released: August 29,1974. date F ederal C ommunications C o m m issio n , Monongahela Power Co., Rives ville Fairmont______H D ec. 14,1972 Im m ediately.. Mar. 27,1973 Station. ( seal] V incent J. M u llin s, Chesapeake and Ohio Railway Co., Huntington... . n D ee. 7,1072 . . O c t 31,1974 Secretary. Huntington Shops. Central Operating C o., Philip Spora New Haven______n D ec. 14,1972 . . __ do______June 30,1975 [FR Doc.74-20724 Filed 1M5-74;8:4S am] Plant. E. I. DuPont deNemours & Co., lac.. Parkersburg» ... n July 12,1973 . . D o, International Nickel, Co., Inc., Huntington ____ v n i ___ do...... D eo. 31,1974 [Docket No. 20050;.Rm No. 2306; FCC 74r-915] Huntington Alloy Products Divi* sion. Hoppers Co., Tue______. ______Follansbee______n July 6,1973 . . —-do_...... — May 38,1976 PART 81— STATIONS ON LAND IN THE P P G Industries Inc______New Martinsville. n D ec. 7,1972 . . -- .d o ______July 1,1976 MARITIME SERVICES AND ALASKA— Quaker State Oil Refining Corp., St. Marys______h July 5,1973 . . Juñe 1,1975 PUBLIC FIXED STATIONS Ohio Valley Plant. Mercury Coal and Coke, Inc______Morgantown_____ v n Sept. 20,1973 . . June 30,1976 Nome, Alaska, Petition for Waiver of Rules Mountaineer Carbon C o______Moundsville_____ v u D ec. 14,1972 . . -.- d o ...... D o. Weir ton Steel Division, National WeirtoBL______n O ct. 26,1972 . . — do...... Deo. 31,1974 1. By a notice of proposed rulemaking Steel Corp. Union Carbide Corp., Ferroalloys v n O ct. 29,1970 _ Jan. 1,1975 and order, released May 17, 1974 (39 FR Division. 18470) (FCC 74-513), the Commission Monongahela Power Co., Albright A lbright______n D ec. 14,1972 . . __ d o______Feb. 1,1975 Station. proposed to amend § 81.713 of its rules to Owens-Illinois Glass Works, Fair­ Fairmont- . ; v n O ct. 30,1973 . . July l,1 9 n permit use of the frequency 5370 kHz at mont Plant. Owens-Illinois Glass Works, Hunt­ Huntington____ _ v n t — do______...d o ______Jan 7,1975 Nome, Alaska. The time for filing com­ ington Plant. ments and reply comments has passed. Johns-Manville Fiber Glass Plant___ V ie n n a ...______v n N ov. 2,1973 __ d o...... June 1,1975 2. Comments were filed In this pro­ Quaker State Oil Refining Corp____ St. Marys______VH July 6,1973 . . — do______A ug. 30,1974 Sterling Faucet Co., Cast Products Morgantown.___ _ V H D ec. 14,1972 . . Feb. 1,1975 ceeding by RCA Alaska Communica­ Plant. tions, Inc. (RCA Alascom), the petitioner Sterling Faucet Co,, Pittsburgh d o ____— _ v n Valve Plant. for rule making, in support of the Union Carbide Corp., Chemicals n D ec. 30,1974 amendment. Comments were also filed and Plastics Division. Wheeling Pittsburgh Steel Corp., Follansbee______n Sept. 20,1973 ...d o ...... Sept. 30,1974 by the Division of Communications of Steubenville Plant, East Division, the State of Alaska’s Department of Byproduct Coke Plant. Public Works (Alaska DPW). RCA Alas- Allied Chemical Corp., Industrial Moundsviite_____ n O ct. 26,1972 _ — d o______Mar. 1,1975 Chemical Divirion, South Plant. copa filed reply comments to those of American Cyanamid Co______Willow Island...... n D ec. 7,1972 . . — do____ — F eb. 1,1975 Alaska DPW. (FR Doc.74-20583 Filed 9-6-74; 8:45 am] 3. Alaska DPW does not oppose adop­ tion of the rule amendment as such. Rather, Alaska DPW objects to the use Title 47— -Telecommunication fomia. As a consequence, neither appli­ of the frequency 5134.5 kHz proposed to CHAPTER I— FEDERAL cation could be accepted and the Com­ be paired with 5370 kHz at Nome. In COMMUNICATIONS COMMISSION mission proposed amendment of the support of its opposition, Alaska DPW Table of Assignments to substitute either [Docket No. 19860; FCC 74-930! cites the fact that it is licensed to use the Channel 276A or 280A. However, since frequency 5135.0 kHz at nearby locations PART 73— RADIO BROADCAST SERVICES Victorville is located in the 199-mile and that the one-half kilohertz separa­ Table of Assignments, FM Broadcast border area covered by the United tion from 5134.5 kHz threatens possible Stations States-Mexico FM Broadcasting Agree­ interference to its operations. ment (Agreement), effective August 9, 4. The frequency assignment list 1. The Commission here considers the 1973, it was also necessary to coordinate makes 5134.5 assignable in all zones in notice of proposed rulemaking proposing the proposed amendment with the Alaska. Accordingly, Alaska DPW is not amendment of the FM Table of Assign­ United Mexican States under the proce­ entitled as a matter of right to be pro­ ments (§ 73.202(b) of the Commission’s dure provided in the Agreement. tected from possible interference which rules and regulations) by substituting a 3. The United Mexican States has now might result from assignment of 5134.5 channel assignment at Victorville, Cali­ indicated that it has no objection to as­ kHz. Nevertheless, and as a general prin­ fornia, because of an error in the Table signment of either Channel 276A or 280A. ciple, it is desirous to avoid interference of Assignments (FCC 73-1190; 38 FR The First Assembly has indicated that wherever possible. Consequently, we shall 32518). The only party commenting is it is willing, ready, and able to proceed select another frequency available for the First Assembly of God of Victorville with its application and it will promptly assignment in all zones in Alaska, namely (First Assembly). construct a station, if its application is 5207.5 kHz to be paired with 5370 kHz 2. Victorville, population 10,845, is lo­ granted. We find that it would serve the at Nome. This selection enjoys more than cated in San Bernardino County, popu­ public interest, convenience and neces­ the desired 3 kilohertz separation from lation 684,072. When the First Assembly sity to substitute Channel 276A for Alaska DPW’s assigned frequency. and Albert S. Medlinsky tendered appli­ Channel 252A at Victorville. 5. For the reasons set forth above, the cations for Channel 252A, which is as­ 4. In view of the foregoing and pur­ frequency 5207.5 kHz will be paired with signed to Victorville, it was ascertained suant to authority found in Sections 5370 kHz for use at Nome, Alaska. Ex­ that that channel assignment is short­ 4(1), 303 (g) and (r), and 307(b) of the cept for this modification, the rule should spaced by 17 miles to co-channel Sta­ Communications Act of 1934, as otherwise be amended. For editorial rea­ tion KBOB(FM), at West Covina, Cali- amended, it is ordered, that effective sons, columns and dates reflecting fre-

FEDERAL REGISTER, VOL. 3 «, NO. 175— M O NDAY, SEPTEMBER 9, 1974 RULES AND REGULATIONS 32561

§ 393.93 to read “ National Highway nuencies available before January X, 1974, Frequencies available ^ill be deleted, because those dates have For communication with ■ ------Traffic Safety Administration.” common carrier stations CCFS APFS The objective of the latter amendment located at transmit transmit ^^Accordingly, pursuant to authority is to reflect changes in the organizational (kHz) (kHz) structure and nomenclature within the found in sections 4(i), 303 (g ) and (r), of U.S. Department of Transportation. The ttte Communications Act of 1934, as 3183 8365 purpose of adding the word “Federal” amended, it is ordered, That, § 81.713 of 5137.5 before the term “Motor Carrier Safety 2253 Regulations” and the term “Motor Ve­ the rules is amended, effective October Bethel. __ 2604 2629 Isp 5204.5 hicle Safety Standards” is to avoid con­ 11,1974» to permit the use of frequency Cold Bay . . . . . ______3241 2691 fusion between rules issued by Federal Cordova______2312 2632 5370 kHz and the paired frequency 3167.5 3354 agencies and rules issued by the States. 5207.5 kTTg at Nome, Alaska, in accord­ 5207.5 In consideration of the foregoing, Parts Juneau______2784 2694 ance with the attached Appendix. 3241 3357 389-397 and appendices thereto in Sub­ 1. It is further ordered, That this pro­ 2604 2256 chapter B of Chapter HI in title 49, CFR 3180 2776 are amended as follows: King Salmon...... 3164.5 2466 ceeding is terminated. Kodiak.______2781 2474 1. The term “Motor Carrier Safety Kotzebue______2601 2463 Regulations” is amended to read “Fed­ (Secs. 4, 303, 48 Stat., as amended, 1066, Nome______6370 5207.5 1083 (47 U.S.C. 154, 303).) 2784 2471 eral Motor Carrier Safety Regulations” 3238 3362 wherever it appears. 5370 6134.5 Adopted: August 28,1974. 2. The term “ Motor Vehicle Safety Released: August 30,1974. Standards” is amended to read “Federal hi[FR Doc.74—20723 Filed 9-6-74;8:45 am] Motor Vehicle Safety-Standards” wher­ F e d e r a l C ommunications ever it appears. Title 49— Transportation C o m m i s s i o n ,1 3. Footnote 1 to § 393.93 in Part 393 is CHAPTER ill— FEDERAL HIGHWAY AD­ revised to read as follows : [ seal] V i n c e n t J . M u l l i n s , MINISTRATION, DEPARTMENT OF Secretary. 1 Individual copies of Federal Motor Vehicle TRANSPORTATION Safety Standards may be obtained from the In § 81.713, the paired frequencies {Notice No. 74-19] National Highway-Traffic Safety Administra­ 5370 kHz and 5207.5 are added, and the SUBCHAPTER B— FEDERAL MOTOR CARRIER tion, Nassif Building, 400 Seventh Street SAFETY REGULATIONS SW., Washington, D.C. 20590. dates in the columns reflecting “Fre­ quencies available” before 1-1-74 deleted MISCELLANEOUS TECHNICAL Since these amendments are non­ AMENDMENTS substantive in character and do not af­ to read as follows: The Director of the Bureau of Motor fect the rights of any person, notice and § 81.713 Pairing of common carrier and Carrier Safety is making a number of public procedure thereon are unneces­ Alaska-public fixed frequencies. technical, non-substantive amendments sary, and they are effective on the date of to the Federal Motor Carrier Safety issuance set forth below. The pairing of frequencies available regulations. The amendments «insist of (Sec. 204, Interstate Commerce Act (49 U.S.C. for communication between common (1) changing the term “Motor Carrier 304), sec. 6, Department of Transportation carrier fixed stations (CCFS), as set Safety Regulations” to read "Federal Act (49 US.C. 1655), delegations of author­ ity at 49 CFR 1.48, 389.4) forth in § 81.712, and Alaska-public fixed Motor Carrier Safety Regulations” wher­ ever it appears; (2) changing the term Issued on August 29,1974. stations (APFS), as set forth in § 81.711, “Motor Vehicle Safety Standards” to is given in the following table. read “Federal Motor Vehicle Safety R o b e r t A . K a y e , Standards” wherever it appears; and (3) D irector, Bureau o f M otor Carrier S afety. 1 Commissioners Lee, Reid, and Washburn changing two references to the “National absent. Highway Safety Bureau” in footnotes to [FR Doc.74-20730 Filed 9-6-74;8:45 am]

FEDERAL REGISTER, V O L 3 9 , NO. 175— MONDAY, SEPTEMBER 9 , 1 9 7 4 32562

proposed rules

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

DEPARTMENT OF LABOR data, views, and arguments concerning ture and Commerce of the Common­ the proposed standard will be received by Occupational Safety and Health wealth of Virginia for an extension of Administration an administrative law judge, to be ap­ time to permit the filing of comments in pointed by the Chief Administrative Law this matter following the annual meeting [ 29 CFR Part 1910 ] Judge of the Department of Labor, at of the National Association of State De­ CONVEYORS the informal hearing. The hearing shall partments of Agriculture which has been be conducted in accordance with the rules scheduled for September 22-26,1974. Extension of Time for Comments; Hearing of procedure in 29 CFR Part 1911. Good reason therefor appearing, the On June 3, 1974, a notice of proposed Any interested person desiring to par­ time for filing comments in this matter rulemaking regarding a permanent oc­ ticipate at the hearing must file a notice is extended to November 8, 1974. of intention to appear with the Docket cupational safety and health standard (Secs. 401, 701, 52 Stat. 1046, 1055-1056 as on conveyors used in general industry Officer, Docket No. OSSN-1, Room 230, amended by 70 Stat. 919 and 72 Stat. 948; 21 (29 CFR 1910.186),- was published in the Occupational Safety and Health Admin­ U.S.C. 341, 371) and under authority dele- Federal R egister (39 FR 19507). Inter­ istration, U.S. Department of Labor, 1726 gated to the Commissioner (21 CFR 2.120). ested persons were given until August 2, M Street NW., Washington, D.C. 20210, 1974, to submit written data, views, and no later than October 9, 1974. The notice Dated: August 30, 1974. arguments with respect to the proposal must state the name and address of the Sam D. Fine, and to file objections and request a hear­ person to appear, the capacity in which Associate Commissioner ing thereon. Several requests for addi­ he will appear, and the approximate for Compliance. amount of time required for his presenta­ tional time to submit such materials were [FR Doc.74-20712 Filed 9-6-74;8:45 am] made. In view of the complexity of the tion. In addition, the notice should in­ issues raised and the breadth of applica­ clude or be accompanied by a statement tion of the proposed standard, the of the position to be taken with regard Social and Rehabilitation Service period for the submission of written com­ to any provision of the proposed standard ments and for the filing of objections on and of the evidence to be adduced in sup­ [4 5 CFR Part 250] the proposal is hereby extended until port of the position. PAYMENTS— MEDICAL ASSISTANCE October 9, 1974. The written comments Upon consideration of the record of PROGRAMS and objections should be submitted to the hearing, and any written data, views, Limitation on Federal Participation for the Docket Officer, Docket No. OSSN-1, or arguments received, a determination Capital Expenditures Room 230, Occupational Safety and may be made to adopt the proposal with Health Administration, U.S. Department or without changes or to withdraw the Notice is hereby given that the regula­ of Labor, 1726 M Street NW., Washing­ proposal. tions set forth in tentative form below ton, D.C. 20210. Such data, views and are proposed by the Administrator, Social Signed at Washington, D.C., this 4th and Rehabilitation Service, with the ap­ arguments will be available for public day of September 1974. inspection and copying at the above proval of the Secretary of Health, Educa­ address. J ohn H. Stender, tion, and Welfare. The proposal amends Comments received by August 2, 1974, Assistant Secretary of Labor. regulations for the Medicaid program, raised several objections to the proposal. [FR Doc.74-20770 Filed 9-6-74; 8:45 am] title XIX of the Social Security Act, to It was argued, for example, that the pro­ implement section 221 of Pub. L. 92-603, posed standard attempts to cover too which sets limits on Federal financial broad a range of conveyor equipment DEPARTMENT OF HEALTH, participation in capital expenditures. with a limited number of specific re­ EDUCATION, AND WELFARE The law requires that Federal funds appropriated under titles V, XVIII and quirements. Others felt that the proposal Food and Drug Administration should exclude from its coverage certain XIX are not to be used to support un­ types of conveyors. Finally, some com- [ 21 CFR Part 20 ] necessary capital expenditures made by mentors stated the proposal is too vague FROZEN DESSERTS or on behalf of health care facilities or and does not cover all of the recognized health maintenance organizations which Proposed Identity Standards; Extension of are reimbursed under any of such titles hazards associated with conveyor use. Time for Filing Comments Also, as of August 2, 1974, seven re­ and that, to the extent possible, reim­ quests for a hearing on the proposal had In the Federal R egister of July 25, bursement under such titles shall sup­ been received. Therefore, pursuant to 1974 (39 FR 27144), the Commissioner of port planning activities with respect to section 6(b) (3) of the Occupational Food and Drugs, on his own initiative, health services and facilities in the vari­ Safety and Health Act of 1970 (84 Stat. issued a proposal to amend the identity ous States. The Department’s regulations 1594; (29 U.S.C. 655)), Secretary of standards for frozen desserts under 21 on agreements with States and on deter­ Labor’s Order No. 12-71 (36 FR 8754), CFR Part 20 taking into consideration a minations as to allowability of capital and 29 CFR 1911.11, an informal rule- petition to amend the frozen dessert expenditures under section 1122 are set making hearing has been scheduled to standards which had been received from forth in 42 CFR Part 100, Subpart A (38 begin at 10 a.m. on Tuesday, October 15, the International Association of Ice FR 31380, November 13, 1973). These 1974, in the Commerce Auditorium of Cream Manufacturers (IAICM), 910 proposed regulations set forth the con­ the U.S. Department of Commerce, 14th 17th St. NW., Washington, DC 20006. In­ ditions under which the Secretary may Street and Constitution Avenue NW.* terested persons were invited to file com­ determine that the expenses associated Washington, D.C. The issues raised in ments regarding the proposal and the with capital expenditures are not to be the comments discussed above, together IAICM petition on or before September reimbursed with Federal funds. They also with the other issues raised or to be 23, 1974. identify typical expense categories, ap­ raised in the comments and objections, The Commissioner has received a re­ propriate amounts of which are to be ex­ will be considered at the hearing. Oral quest from the Department of Agricul­ cluded from Federal financial participa-

FEDERAL REGISTER, VOL. 39, N O . 175— M O NDAY, SEPTEMBER 9, 1974 PROPOSED RULES 32563 tion pursuant to a determination by the that would have been excluded had an formula specified in proposed § 575.104 Secretary that a capital expenditure is acquisition been by purchase. In the case (e) (2) (vii) (A ), appearing in the first not allowable. of a leasing arrangement any amount column on page 28645, should read: Prior to the final adoption of the pro­ deposited under the terms of the lease Rn=1.25x (mn_ j —mn) posed regulations, consideration will be or comparable arrangement shall be de­ given to any comments, suggestions, or ducted in computing the return on equity (Secs. 103, 112' 119, 201, 203, Pub. L. 89-563, capital. Expenses in connection with 80 Stat. 718 (15 U.S.C. 1392, 1401, 1407, 1421, objections thereto which are received in 1423); delegations of authority at 49 CFR writing by the Administrator, Social and capital assets which are acquired by do­ 1.51 and 49 CFR 501.8.) Rehabilitation Service, Department of nation or transfer are also subject to the Health, Education, and Welfare, P.O. Box provisions of this regulation. Issued on September 3, 1974. 2366, Washington, D.C. 20013, on or be­ Where payment is made on a per Elwood T. D river, fore October 9, 1974. Comments received capita, fixed fee or negotiated rate basis, Acting Associate Administrator, will be available for public inspection in the amount to be excluded from Federal Motor Vehicle Programs. financial participation will be determined Room 5326 of the Department’s offices at [FR Doc.74-20719 Filed 9-6-74;8:45 am] 330 C Street, S.W., Washington, D.C. on by the Secretary. Monday through Friday of each week (c) Included in determining the from 8:30 a.m. to 5 p.m. (area code 202- amount of expenses associated with a ENVIRONMENTAL PROTECTION 245-0950). capital expenditure, regardless of the AGENCY manner in which such expenditure, is re­ Authority: Section 1102, 49 Stat. 647; corded in the provider’s records, are the [ 40 CFR Part 52] (42U.S.C. 1302). costs of: studies, surveys, designs, plans, [FRL 245-2] (Catalog of Federal Domestic Assistance Pro­ working drawings, specifications, and APPROVAL AND PROMULGATION OF gram No. 13.714, Medical Assistance Pro­ other activities essential to the acquisi­ IMPLEMENTATION PLANS gram). tion, improvement, modernization, ex­ Compliance Schedules for North Carolina Dated: May 31, 1974. pansion, or replacement of the plan, buildings, and equipment . (including, Section 110 of the Clean Air Act, as James S. D w ight, Jr., transportation, installation and start­ amended, and the implementing regula­ Administrator, Social and up expenses, in-transit insurance, etc.). tions of 40 CFR part 51 require each State Réhabilitation Service. Also included in such determinations are to submit a plan which provides for the Approved: August 30,1974. expenses directly related to capital ex­ attainment and maintenance of the na­ penditures, including expenses with re­ tional ambient air quality standards Frank Carlucci, spect to grading, paving, taxes assessed throughout the State. On May 31, 1972 Acting Secretary. during the construction period, and costs (37 FR 10842), pursuant to Section 110 Part 250, Chapter II, Title 45 of the involved in demolishing or razing struc­ of the Clean Air Act and 40 CFR Part 51, Code of Federal Regulations is amended tures on land. Other costs related to such the Administrator approved portions of by adding a new Subpart C and § 250.210 capital expenditures include title fees, North Carolina’s State Implementation thereunder as follows: permit and license fees, broker commis­ Plan. sions, architect,. legal, accounting, and On November 20, 1973 and May 13, Subpart C— Fiscal Administration appraisal fees, interest, finance, or 1974, pursuant to 40 CFR §51.15, the § 250.210 Limitation on Federal partici­ carrying-charges on bonds, notes, and State of North Carolina submitted for pation for capital expenditures. other costs incurred for borrowing funds. the Environmental Protection Agency’s N(a) The provisions of this section shall Reasonable costs incurred by a provider approval additional compliance sched­ apply where a State has entered into an for studies, surveys, etc., in order that ules. This publication proposes that cer­ agreement with the Secretary pursuant the provider can properly determine tain of the compliance schedules be ap­ to section 1122 of the Social Security Act. whether the proposed capital expendi­ proved. Each proposed compliance (b) Except as provided in section 1122 ture would be in compliance with the schedule establishes a date by which an (d) (2) of the Act, if the Secretary deter­ State planning agency’s need criteria individual air pollution source must at­ mines, or reconsiders a determination shall not be excluded from Federal tain compliance with an emission limita­ and finds, in accordance with section financial participation whether or not tion of the State implementation plan. 1122 of the Act and 42 CFR Part 100, the capital expenditure is approved, ex­ This date is indicated in the succeeding Subpart A, that: cept that such costs shall be excluded tables under the heading “Final Com­ (1) The appropriate State planning from Federal financial participation if pliance Date.” In many cases the sched­ agency designated pursuant to section the provider makes the proposed capi­ ule includes incremental steps toward 1122 has not been given timely written tal expenditure without the required compliance, with interim dates for notice of the intention to make a capital approval. achieving those steps. While the tables expenditure in accordance with 42 CFR (d) Upon request, any person or State, below do not list these interim dates, the 100.106; or dissatisfied with a determination made actual compliance schedules do. (2) Such designated planning agency under this section with respect to the The schedules of this notice are addi­ availability of Federal financial partici­ has, in accordance with the requirements tions to the table published in the F ed­ of section 1122 and 42 CFR Part 100, pation, shall receive a reconsideration of such determination as provided in eral R egister of June 20, 1973 (38 FR Subpart A, submitted tc the Secretary sections 1122(f) and 1116(d) of the So­ 16144), as satisfying the compliance its finding that such expenditure is not schedule requirements for State imple­ consistent with the applicable standards, cial Security Act as amended. criteria, or plans developed pursuant to [FR Doc. 74-20732 Filed 9-6-74;8:45 am] mentation plans. Another group of the Public Health Service Act (or the schedules was proposed for inclusion in Mental Retardation Facilities and Com- DEPARTMENT OF this table on March 20, 1974 (39 FR biunity Mental Health Centers Construc­ TRANSPORTATION 10438). tion Act of 1963) ; National Highway Traffic Safety All of the compliance schedules listed Federal financial participation under Administration here are available for public inspection title XIX of the Act is not available for at the following locations: any expenses which are attributable to [ 49 CFR Part 575 ] such expenditure. Such expenses include [Docket No. 25; Notice 14] Air Programs Office Environmental Protection Agency depreciation, interest on borrowed funds, UNIFORM TIRE QUALITY GRADING Region IV a return on equity capital (in the case SYSTEM 1421 Peachtree Street, N.E. of Proprietary facilities), or other ex­ Atlanta, Georgia 30309 penses related to such capital expendi­ Proposed Tire Treadwear Test Procedures; Correction State of North Carolina tures, or the reasonable equivalent of Office at Water and Air Resources that portion of any rental expense in­ In FR Doc. 74-18194, appearing at page 226 West Jones Street curred as part of a leasing arrangement 28644 in the issue of August 9, 1974, the Raleigh, North Carolina 27611

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175------5 32544 PROPOSED RULES

Each compliance schedule has been Agency before it decides to approve or A u t h o r it y : Section 110(a) of the Clean Air adopted by the Water and Air Quality disapprove these changes in the North Act, as amended 1970 (42 U.S.C. 1857c-5(a)) Control Committee of the Board of Water Carolina plan. The Administrator’s de­ Dated: August 28, 1974. and Air Resources and submitted to EPA cision, however, will be based primarily after notice and public hearing in ac­ cm his determination as to whether these R u s s e l l E . T r a in , cordance with the procedural require­ schedules meet the requirements of sec­ Administrator. ments of 40 CFR Part 51. Each also tion 110(a) of the Clean Air Act, as It is proposed to amend Part 52 of satisfies the substantive requirements of amended, and the Agency’s implement­ Chapter I, Title 40, Code of Federal 49 CFR Part 51 pertaining to compliance ing regulations published in 40 CFR Part Regulations as follows: schedules, and has been determined to 51. Comments will be accepted on or be­ be consistent with the approved control fore October 9, 1974, and should be ad­ Subpart II— North Carolina strategies for the State of North Caro­ dressed to the Acting Director, Air Pro­ Section 52.1774 is amended by insert­ lina. grams Office, Environmental Protection ing in proper order in the table of para­ All interested parties are encouraged graph (a) new lines as follows: to submit written comments on the pro­ Agency, Region IV, 1421 Peachtree St., posed compliance schedules. These com­ NE, Atlanta, Georgia 30309, Attention: § 52.1774 Compliance schedules. ments will be weighed carefully hy the Mr. Strickland. (a) * * *

Permit Regulation Date of Final Source Location number involved adoption Effective date co m p lia n ce d a te

ALAMANCE COUNTY

Burlington Industries, Mayfair Plant...... Burlington______T-2449...... II-2.2, IV-2.30.Mar. 18,1974 Immediately__ ■M ar. 31.1975 Wilson Bradshaw Sawmill...... ^...... Haw River...... T-2431____ . II-1.3...... d o ...... do_____ . J u ly 31,1974

ANSON COUNTY

Wade Mfjg. C o ...______T-2421.___ . II-2.2, IV-2.30...... Mar. 18,1974 Immediately..... D e c . 31,1974

BLADEN COUNTY

Columbian Peanut Co...... - ...... Elizabethtown...... ___ T-2439...... IV-2.30...... c Mar. 18,1974 Immediately.. J u ly 1,1974

BEAUFORT COUNTY

Hackney & Sons, Inc. W ashington...... T-2410...... IV-2.60______Mar. 18,1974 Immediately____ Jan. 1,1975

BRUNSWICK COUNTY

Bolivia,Lumber Co______Navassa... T-2384...... H-1.3____ ...... Aug. 23,1973 Immediately.... June 1,1974 Standards Products, Inc« (a) Evaporator______... ______Southport. T-2216__ II-5.2, IV-2.30______June 27,1973 ...... do...... May 31,1974 (b) Dryer...... do...... ___ do______d o ...______do___ ,______do______Do.

CLEVELAND COUNTY Oras Biggerstaff: Gin #1_...... Shelby...... T-2454...... H-2.2, IV-2.30.... . Mar. 19,1974 Immediately. .. . Sept. 30, Gin #2...... Boiling Surines...... T-2455...... do...... d o ...______do...... Do. Gin #3...... Shelby...... T-2456...... do...... do...... ____ do...... Do. A. M. Bogas & Sons_____ Fallston...... T-2458...... Mar. 20,1974 Do. Boggs & Williams Gin Co. Bellwood...... T-2400___ ...... -do...... Mar. 22,’ 1974 ...... do...... Do. Morgan & Company Ine.. Shelby...... T-2459 _____ do...... Mar. 20,1974 ...... do...... Do.

CUMBERLAND COUNTY

Cape Fear Car Service, Inc. Fayetteville__ .1 ..____ . . . T-2435— . . . II-2.2, IV-2.30.___ Mar. 18,1974 Im m ediately.... July 15,1974

DAVIDSON COUNTY

Hekman Cabinets.______...... T-2417____ ... IV-1.10, II-2.2, Mar. 18,1974 Immediately----- N ov. 1,1974 IV-2.30. E. E. Wilson Floor Covering, Inc______...... T-2420____ . . . H -L 3 ...... Mar. 1,1974 Burlington Industries, Inc., Philpott Plant: (a) Furniture finishing...... T-2338___ ... IV-2.60...... June 29,1973 ____ do...... Dec. 13,1973 (b) Dust cyclone...... IV-2.30...... do___„^______do...... - July 1,1974 TT-2.2, TV-1.20 May 1,1975

EDGECOMBE COUNTY

...... T-2430____ ÏI-2.2, IV-2.30, Mar. 18,1974 Immediately----- Oct. 1,1971 IV-2.60. —

FRANKLIN COUNTY

Rishel Furniture Co______.... ___ .... Louisburg...______T-2452...... IV-2.60______Mar. 18,1974 Immediately— July 31,1974

GRAHAM COUNTY

Graham Board of Commissioners..._____ ...... Robbinsville______T-2268...... II-2.2, IV-1.10, June 27,1973 Immediately.... Oct. 15,1974 IV-2.40.

/

FEDERAI REGISTER, V O L 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 PROPOSED RULES 32565

Permit Regulation Date of Final Som e* Location number involved adoption Effective date complience date

GRANVILLE COUNTY

Adams Products C o ...... ------. . . . ------Oxford. T-2437...... II-2.2, II-5.2, IV - Mar. 18,1974 Immediately. ... Apr. 1,1974 2.30, IV-2.60. General Processors, I n c ...... do. T-2424...... H-2.2, IV-2.30...... do...... ____ d o______Aug. 1,1974 Graystone Concrete Products Inc. .do. T-2444...... do...... do...... d o______N ov. 1,1974 IMI Warp Knits...... do. T-2428...... d o ______—...... d o ...... d o______June 1,1974 Oxford Laundry & Cleaner...... — .do. T-2225...... ÏI-2.2, IV-1.10, June 28,1973 ____ do...... Sept. 30,1974 IV-2.40.

HALIFAX COUNTY

Columbian Peanut Co... E n fie ld ....___ T-2427..__ _ 11-22, IV-2.30.____Mar. 18,1974 Immediately____ Sept. 1,1974 Do.— ...... Scotland Neck. T-2450___ . . I V -2 .3 0 ...... do...... d o...... July 1,1974 HARNETT COUNTY

Perry Bros. Tire'Service. Dunn Durham. T-2446____ _ II-2.2, IV-2.30.— Mar. 18,1974 Immediately.__ May 15,1974

HENDERSON COUNTY

Manning Fisher Co., Inc. Hendersonville. T-2462_____ II-2.2, IV-2.30_____ Mar. 22,1974 Immediately____ June 1,1974

HERTFORD COUNTY

Colombian Peanut C o ... Ahoskie. T-2398-...... IV-2.30...... Mar. 18,1974 Im m ediately.... July 1,1974

IREDELL COUNTY

Baystate Miling C o...... Moores ville, T-2411_____ II-2.2, IV-2.30_____Mar. 18,1974 Im m ediately.... May 5,1974 Statesville Chair C o ...... Statesville. T-2418...... d o .. .— ...... d o ...... d o...... Dec 31,1974 Statesville Plywood & Veneer Co, .. ... d o ____ T-2413____ . „ . . . d o . . . ______d o ______d o . . ______July 1,1974

JOHNSTON COUNTY

Mitchell Concrete Products Smithfield T-2433_____ II-2.2, IV-2.30_____Mar. 18,1974 Immediately____ Aug. 31,1974 Guy C. Lee Mfg. C o ...... ___ do___ _ T-1963___ _ II-2.2, IV-1.10...... Dec. 3,1972 ___ Ido...... June 1,1973 IV-2.40.

LEE COUNTY

Sanford Finishing Corp. Sanford. T-2441_____ II-2.2, IV-2.30_____Mar. 18,1974 Immediately____ June 30,1974

LINCOLN COUNTY

Mohican Mills. Lincolnton. T-2304...... II-2.2, IV-2.30____June 28,1973 Immediately____ Dec. 31,1974

MARTIN COUNTY

Martin Co. Board of Education, Robersonville Primary. Robersonville. T-885____ _ n -1.3, II-2.2, Apr. 27,1971 Immediately___ Sept. 30,1973 IV-1.100

NASH COUNTY

Burlington Industries: (a) Sheffield Plant...... Rocky Mount. T-2447. H-2.2, IV-2.30____Mar. 18,1974 Im m ediately.... Sept. 30,1974 (b) Finishing Plant___ ..— ___ .....d o ______T-2448...... do...... Mar. 19,1974 . . . . . d o ...... Mar. 31,1975 China American Tobacco Company. ____do______T-2422. ____ do...... Mar. 18,1974 .. ... d o ...... July 10,1974 Independent Tobacco Services Corp. ___ do_____ ..: T-2434. ...i.d o ...... do— ...... d o ...... Sept. 1,1974

NEW HANOVER COUNTY _

Southern Box & Plywood...... Wilmington. T-2374. IV-1.10, II-2.2__ Aug. 23,1973 Immediately____July 31,1974 Carolina Methanol, Inc._____ ;______...... ____ do.____ T-2267. IV-2.60...... Oct. 26,1973 do...... Mar. 31,1975 Babcock & Wilcox C o m p a n y ...... _...... ____ d o ...... T-2409...... d o ...... Mar. 18,1974 .. . . . d o ...... Dec. 31,1974 B. W. Godwin & S o n s.....______... ____ ;______do____ _ T-2408. II-2.2, IV-1.10... ------do...... do...... Do. Carolina Power & Light L. V . Sutton #2 Unit. ____ do...... T-1846. II-2.2, IV-1.10, Aug. 8,1972.___do...... Do. IV-2.40. Hercules, Inc...... _v...... do_____ T-2197. IV-2.60...... June 27,1973 do...... May 3,1975

NORTHAMPTON COUNTY

Severn Peanut Company, Inc... Severn...... _ ...... T-2442...... II-2.2, IV-2.30------Mar. 18, 1974 Immediately____ Oct. 1,1974 E. L. Tjmberlake Jr. Company. Woodland...... T-2432...... d o .____ ...... ___ do...... do...... June 1,1974

ORANGE COUNTY

Triem, Inc______Carrboro...... T-2425...... IV-2.6...... Mar. 18,1974 Immediately___ Sept. 30,1974 Hines Liner Company (Liner Plmit). Hillsboro______T-1782— II-2.2, IV-1.10, June 29, 1972 . . . . . d o ...... July 31,1973 IV-2.40.

PASQUOTANK COUNTY

A. B. Houte & Sons, Inc. . : i — ...... r ...... Elizabeth City...... T-2397_____ II-1 .3 -...... Oct. 15,1973 Immediately____ June 1,1974

PENDER COUNTY

Holt Hosiery Mills, Inc...... r..:. Penderlea______T-2396______II-2.2, IV-1.10, Oct. 15,1973 Immediately.... July 1,1974 IV-2.40.

PERSON COUNTY

The Loxcreen Co., Inc__ï . r„ — —. ; . Roxboro______...... T-2423...... H-2.2, IV-2.3...... Mar. 13,1974 Immediately___ June 1,1974

PITT COUNTY

Town of Bethel. . Bethel______T-287____ . rr-i a Sept. 6,1973 Immediately___ Mar. 1,1974

REM UAI REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9. 1974 32566 PROPOSED RULES

Permit Regulation Date of win„. Souroa Location number involved adoption Effective date compliance : . _ \ gJEnHKSaBBB v - \ date

RANDOLPH COUNTY iM W. R. Grace & Company, Const. Product« Dir. .. High Point...... | ...... II-2.2, IV—2.30.___ Mar. Immediately___ Oct. 1,1974 RUTHERFORD COUNTY ’ ’ ' Burlington Industries, I ne., J. C , Couram P lan t. .. Forest C ity...._____ .. IS-2.2, IV-2.30, Mar. 22,1974 Immediately___ IV-2.60. Dec. 31,1974

SCOTLAND COUNTY Spring Mills, Crandall Plant. .. Wagram______...... T-504...... H-1.3, II-2.2, Mar. 2,1971 Immediately___ Mar. 31,1973 IV-1.10, IV-2.40. — . SURRY COUNTY North Carolina Granite Company. .. Mt. Airy...... T-2416...... ÏI-2.2, IV-2.30____ Mar. 18,1974 Immediately.«.. Apr- 1,1971 UNION COUNTY Spring Mills Inc... .. Monroe...... 'T-2 4 T? ÏI-2.2, TV-2 30 Mar. 18,1974 Immediately___ Mar. 18,1974 VANCE COUNTY Kerilon, Inc______S._____ .. Henderson-...... ____ T-2426. _ II-2.2, IV-2.30..__ Pram Corporation, General Products Div. Mar. 18,1974 Immediately___ Dec. 31,1974 June 1.1971 WAKE COUNTY Athey Products Corp______, __ .. Wake Forest______...... T-2443...... IV-2.60______Paul Beasley Concrete« Inc ______Mar. 18,1974 Immediately___ Aug. 30,1974 .. Fuquay-Varina_____ ...... T-2436. .. II-2.2, IV-2.20...... do______do...______Do. Cameron Court Apartments______>* Raleigh______.. II-1.3, IV-1.30. .... Tobacco Growers Services...______...... -..d o ____...... do...... July 17,1974 .. Fuquay-Varina_____ ...... T-2429...... 11-2,2, IV-2.30____ Aug. 31,1974 WARREN COUNTY General Box Company______, . Warrantor!______'______T-2440...... H-1.3______Mar. 31,1974 Immediately___ Aug. 1,1974 YADKIN COUNTY Yadkin Granite. Ready Mix Company. . Jonesvilie...... T-2435...... n -2.2, IV-2.30____ Mar. 18,1974 Immediately___ July 1,1974 WILKES COUNTY Lowes Company Iae______. N. Wilkesboro ...... T-2265. .. . II-2.2, IV-2.30____ June 27,1973 Immediately___ Dec. 31,1974

fPR Doc.74-20406 Piled 9-6-74;8:45 am}

FEDERAL COMMUNICATIONS permissible out-of-band energy levels effectiveness of their system. However, COMMISSION from transmitters are controlled gen­ the Commission believes that where sev­ erally by international and national reg­ [ 47 CFR Part 2 ] eral options are open and no significant ulations, radio astronomers believe that disadvantages in the performance or cost {Docket No. 20154} the unique circumstance described^ above of the system will be experienced, the RADIO ASTRONOMY OPERATIONS warrants some special consideration. interests of the radio astronomers should 4. In response to the concerns of the be considered. One such option might be Planning Band Use To Minimize Potential radio astronomers, a new US footnote to the selection of space station transmit­ Interference the Table of Frequency Allocations has ting frequencies as far removed as possi­ 1. Notice is hereby given of a proposed been developed in coordination with the ble from adjoining radio astronomy rulemaking in the above captioned mat­ IRAC (see Appendix). The purpose of bands. In this regard, it is expected that ter. this proposed footnote is to draw the the radio astronomy community and 2. The Commission, acting in conjunc­ attention of parties planning to imple­ those involved in space communications tion with the Office of Telecommunica­ ment systems in bands adjacent to ex­ will cooperate to explore other alterna­ tions Policy (OTP) through the Inter­ clusive radioastronomy bands to the spe­ tives which would yield satisfactory re­ department Radio Advisory Committee cial needs of radioastronomy and to urge sults to both parties. (IRAC), has under consideration a re­ them to take all practicable steps to pro­ 6. The proposed amendment to the quest by the Subcommittee on Radio tect radioastronomy operations from rules, as set forth in the Appendix, is Astronomy of the National Academy of harmful interference. It should be em­ issued pursuant to the authority con­ Sciences to add a new footnote to the phasized, however, that the footnote pro­ tained in sections 4(i) and 303 of the allocation table reflecting the need for posed herein would in no way entitle the Communications Act of 1934, as special consideration in planning the use radio astronomy service to greater pro­ amended. of certain bands for space and aeronau­ tection from out-of-band radiation than 7. Pursuant to the applicable proce­ tical use so as to minimize potential in­ presently provided under footnote US74. dures set forth in § 1.145 of the Commis­ terference to radio astronomy operations Further, the Commission would not ac­ sion’s rules, interested persons may file in xadjacent bands. The radio astronomy cept motions to deny applications for comments on or before October 11,1974 community believes that this section is proposed space systems on the basis of and reply comment on or before October justified in view of systems which pres­ such arguments. The Commission, how­ 21, 1974. All revelant and timely com­ ently operate or are planned to operate ever, believes that the development and ments will considered by the Commission in adjacent bands and which cause or planning of future space systems should before final action is taken in this pro­ may cause harmful interference to their take into account, to the degree practi­ ceeding. In reaching its decision, the cable, the special needs of radio astron­ radio astronomy operations. Commission may also take into account 3. Of particular concern to the radio omy in adjacent bands. astronomers are bands which are in­ 5. It is not the Commission’s intent to other relevant information before it in tended to be employed in space stations require the developers or planners of addition to the specific comments in­ which, during normal use, may appear space communications systems to under­ vited by this notice. In accordance with within the main beam of the highly go alterations which would cause undue the provisions of § 1.419 of the Commis­ directional radio telescopes. Although expense or seriously reduce the overall sion’s rules, an original and 14 copies of

FEDERAL REGISTER, V O L 39, NO. 175— MONDAY, SEPTEMBER 9, 1974 PROPOSED RULES 32567

all statements briefs or comments filed [ 47 CFR Part 97 ] to unduly delay these proceedings and shall be furnished the Commission. [Docket No. 197231 the ultimate benefit that will inure to Responses will be available for public in­ the public. RADIO AMATEUR CIVIL EMERGENCY spection 4. Nevertheless, we are impressed with during regular business hours in SERVICE (RACES) the Commission’s Broadcast and Docket Cook County’s statement that they "can Reference Room at its Headquarters in Order Extending Time for Filing Comments make a significant contribution to the Washington, D.C. In the Matter of amendment of Sub- evidence being gathered” and would like to have as many knowledgeable com­ A do pted : August 28*1974. part F Radio Amateur Civil Emergency Service (RACES) in Part 97. ments as possible in this important mat­ Released: August 30, 1974. By Chief, Safety and Special Radio ter. Therefore, we will extend the time period in which to file comments. How­ F ederal C ommunications Services Bureau. ever, we do not feel extensions to Octo­ C o m m issio n * 1. On June 12, 1974, the Commission ber 25 and November 27, 1974, for com­ [ s e a l ]: V incent J. M ullins, adopted a notice of proposed rulemak­ Secretary. ing in the referenced Docket, Publica­ ments and reply comments are war­ ranted in light of the time remaining, Part 2 of Chapter I of Title 47 of the tion was made in the F ederal R egister on June 21, 1974, at 39 FR 2282. Com­ and in view of the fact any inordinate Code of Federal Regulations is amended delay may materially affect the interests as follows; ments are due on or before September 25, 1974, and reply comments are due Octo­ of other known parties whose situation § 2.106 [Amended] ber 10,1974. is not dissimilar to Cook County’s. 2. On August 7, 1974, Patrick M. 5. Accordingly, it is ordered* Pur­ 1. The Table in § 2.106 is amended in suant to section. 5(d) of the Communi­ column 6 for the bands 1427-1429 MHz, O’Block, Director for the Cook County Civil Defense Commission, Chicago, Illi­ cations: Act of 1934, as amended, and 2500-2690 MHz, 5000-5250 MHz, 14.5- § 0.331(b) (4) of the Commission’s rules, 15.35, 15.4-15.7, 24-24.05, 31.5-31.8, 84- nois, filed a petition to extend the time 86,122.5-130 and 220-230 GHz by adding to file comments and reply comments the above described request for exten­ footnote designator US 211. to October 25, 1974, and November 27. sion of time filed by Cook County Civil 2. The text of footnote US 211 is added 1974, respectfully. In support of its re­ Defense Commission is granted. The in proper numerical sequence to the Mst quest, Cook County states “the informa­ time within which to file comments in of footnotes following the Table as fol­ tion gathering phase of our effort fs con­ the above-entitled proceeding is ex­ current with the summer vacation pe­ lows: tended until October 9, 1974, and the US 211 In the bands 1427-1429. 2500-2690, riod”, implying its reduced staff pre­ and 5000-5250 MHz and 14.5-15.35, 15.4-15.7, cludes timely submission of comments. time in which to file reply comments is 24-24.05, 31.5-31.8, 84-86, 122.5-130 and 220- 3. Many comments have been received. extended to October 25, 1974. 230 GHz, applicants for space station assign­ Most have expressed an urgent need for Adopted: August 29, 1974. ments are urged to take ah practicable steps rule changes. In light of the rulemaking to protect observations in the adjacent ex­ clusive radio astronomy bands from harmful petitions urging us to adopt rules relat­ Released: August 38, 1974. Interference; however US-74 applies. ing to civil defense emergency communi­ [ seal] [PR Doc.74-20725 FUed 9-6-74;8:45 am] cations by licensed amateur radio opera­ Charles A. H igginbotham, tors, and in view of the comments Chief, Safety and Special Radio Services Bureau. 1 Commissioners Lee, Reid, and Wasburn concurring that a need for such rule absent. change is long overdue, we are reluctant [FR Doc.74-20728 FUed 9-6-74;8:45 ami

FEDERAI REGISTER, VOL. 34, N O . 175— M O NDAY, SEPTEMBER 9, 1474 32568

notices

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

DEPARTMENT OF THE TREASURY DEPARTMENT OF JUSTICE Dated: Septembers, 1974. Comptroller of the Currency Anchorage, Alaska G len E. P ommerening, Assistant Attorney General REGIONAL ADVISORY COMMITTEE ON JOINT NEWSPAPER OPERATING BANKING POLICIES AND PRACTICES OF AGREEMENT fo r Administration. THE SEVENTH NATIONAL BANK IPR Doc.74-20745 Piled 9-6-74;8:45 am] REGION Notice is hereby given that the Assist­ ant Attorney General for Administration Closed Meeting has received an application for approval DEPARTMENT OF THE INTERIOR Pursuant to section 10(a) (2) of the of a joint newspaper operating arrange­ Bureau of Land Management Federal Advisory Committee Act (Pub. L. ment involving the two daily newspapers 92-463), notice is hereby given that a in Anchorage, Alaska. The application [Group 539] closed meeting of the Comptroller of the was filed on August 1, 1974, by the ARIZONA Currency’s Regional Advisory Committee Anchorage Times Publishing Co., pub­ Filing of Plats of Survey on Banking Policies and Practices of the lisher of the Anchorage Times, and the Seventh National Bank Region will be Northern Publishing Co., publisher of the A ugust 30,1974. held at the Board of Directors Room, Ex­ Anchorage Daily News. The proposed ar­ Plats of survey of the lands described change National Bank of Chicago, La- rangement provides that the printing, below, accepted on July 9, 1974, will be salle and Adams Streets, Chicago, circulation, and sale of advertising for officially filed in Arizona State Office Illinois, on Friday, September 20, 1974, both newspapers will be handled by the effective 10 a.m.f on October 17,1974. beginning at 9 a.m. Times. The Times would publish a Sun­ 1. G ila and Salt R iver M eridian, Arizona The purpose of this meeting is to assist day edition in place of the one published the Regional Administrator and Comp­ by the News. Under the agreement, each T. 42 N., R. 5 W. troller of the Currency in a continuing newspaper is to retain control over its A retracement of a portion of thé north review of bank regulations and policies. own editorial policies and news content. boundary (Arizona-Utah State Line), a The meeting will also apprise agency of­ The Newspaper, Preservation Act re­ dependent resurvey of the west bound­ ficials of current conditions and problems quires that joint newspaper operating ary, and survey of a portion of the sub- banks are experiencing in the Seventh arrangements such as that proposed by divisionai lines. National Bank Region. the Anchorage newspapers have the sec. 31, Lots 1, 2,3, and 4 and Sy2: It is hereby determined pursuant to prior written consent of the Attorney sec. 32, Lots 1,2, 3, and 4 and S V2 ; section 10(d) of Pub. L. 92-463 that the General of the United States in order to sec. 33, Lots 1, 2,3, and 4 and Sy2. meeting is concerned with matters listed qualify for the antitrust exemption pro­ in section 552(b) of Title 5 of the United vided by the Act. Before granting his The area described aggregates 1,332.03 States Code and particularly with excep­ consent, the Attorney General must find acres of national resource lands. tions (3), (4) and (8) thereof, and is that one of the publications is a failing The area surveyed is largely rough and therefore exempt from the provisions of newspaper, and that approval of the ar­ mountainous with some nearly levél section 10(a) (1) and (3) of the Act rangement would effectuate the policy areas. The elevation ranges from 5,350 (Pub. L. 92-463) relating to open meet­ and purpose of the Act. feet to about 6,134 feet. The low lands ings and public participation therein. In accordance with the Newspaper are covered with sagebrush and some Preservation Act Regulations (28 CFR cedar; the higher land has scattered Dated: September 4,1974. Part 48), published in the F ederal R egis­ sagebrush, cedar, and pinyon pine. [ seal] James E. Sm ith, ter on January 2,1974, copies of the pro­ All rights of the State of Arizona to Comptroller of the Currency. posed agreement and other materials section 32 have been conveyed to the United States. [PR Doc.74-20721 Piled 9-6-74;8:45 am] filed by the newspapers in support of their application are available for pub­ 2. G ila and Salt R iver M eridian, Arizona lic inspection in the main offices of the T. 42 N., R. 6 W. DEPARTMENT OF DEFENSE newspapers involved and at the Depart­ A retracement of a portion of the north Office of the Secretary of Defense ment of Justice (DOJ File/Docket #44- boundary (Arizona-Utah State line), 03-24). Any person who believes that SCIENTIFIC ADVISORY GROUP TO THE and a completion survey of the subdivi- the Attorney General should or should sional lines. JOINT STRATEGIC TARGET PLANNING not approve-the proposed arrangement STAFF may file written comments stating the sec. 33, Lots 1, 2, 3, and 4 and S*/2 ; Notice of Closed Meeting sec. 34, Lots 1,2,3, and 4 and S% ! reasons why approval should or should sec. 35, Lots 1,2, 3, and 4 and Sy2 ; The Eighteenth meeting of the Scien­ not be granted, or request that a hearing sec. 36, Lots 1, 2, 3, and 4 and S%. tific Advisory Group to the Joint Stra­ be held on the application. A request for tegic Target Planning Staff will be held a hearing must set forth the issues of The area described above aggregates from 8 to 10 October 1974 at Offutt Air fact to be determined and the reason 1,624.56 acres of national resource lands. Force Base, Omaha, Nebraska, and in the that a hearing is believed to be required The area surveyed is extremely rough interest of national security the meeting to determine them. Comments should and mountainous. The elevation ranges shall be closed to the public under the refer to the Newspaper Prevention Act, from about 5,083 feet to about 6,450 feet. provisions of Section 552(b), Title 5 US DOJ File/Docket #44-03-24, and be filed There is some timber on the level areas Code. Subject matter is Soviet Union At­ by mailing or delivering five copies to the consisting of scrubby type of cedar, pin­ tack Survivability Requirements. Assistant Attorney General for Adminis­ yon pine, and yellow pine. Vegetation on the lower and more level areas is mainly M aurice W. R oche, tration, Department of Justice, Wash­ sagebrush with oakbrush in isolated Director, Correspondence and ington, D.C. 20530, and must be received areas. D irectives OASD (Comptroller). by October 9, 1974. Replies to any com­ All rights of the State of Arizona to September 3,1974. ments filed on or before that date may* the &V2 of section 36 has been conveyed [PR Doc.74-20716 Filed 9-6-74; 8:45 am] be filed on or before November 8, 1974. to the United States.

FEDERAL REGISTER, VOL. 39, NO. 175— MONDAY, SEPTEMBER 9, 1974 NOTICES 32569

3. The national resource lands de­ and substitute for them the words “ Oc­ fornia, and Atlantic OCS. 6. NO A A report on marine environmental scribed in paragraphs 1 and 2 are open tober 15, 1974”, as esrment to petition, application, and selection,, as 3. in paragraph 1, page 31671, strike 7. Regulations governing operations of the outlined in paragraph 4 below. No appli­ the words “ the Presidential Salon, Bran- OCS Research Management Advisory Board cation for these lands will be allowed iff Place, 1500 Canal Street, New Or­ 8. Other business leans, Louisiana 70112” and substitute under the nonmineral .public land laws, The meeting is open to the public and unless or until the lands have been clas­ for them the words “ the International Room, Fairmont Hotel, University Place, written or oral statements concerning sified. Any application that is filed will the program content are welcome. be considered on its merits. The lands New Orleans, Louisiana 70140” . 4. In paragraph 3, page 31671, line Those who expect to attend should will not be subject to occupancy or dis­ communicate their intention not later position until they have been classified. 1, strike the tract designation “ 36-44” and substitute for it the tract designa­ than September 27 to the Board’s Chair­ 4. Subject to any existing, valid rights man: and the requirements of applicable law, tion “ 36-42.” Also in Paragraph 3, page the national resource lands described 31671, in the next to the last line, correct Frank E. Ciarke, Senior Scientist, U.S. Geo­ above are hereby Opened to filing of the spelling of the word “rayalty” to read logical Survey, Room 4443, Interior Build­ petition-application. and selection in “royalty” . ing, Washington, D.C. 20240, 202-343-3888. accordance with the following: 5. In paragraph 7, page 31671, strike Written comments or statements a. Applications and selections under the words “the Presidential Salon, Bran- should be submitted to the Chairman the nonmineral puhlic land laws, and iff Place” and substitute for them the not later than September 27. words “the International Room, Fair­ offers under the mineral leasing laws may G eorge L. T urcott, be presented to the Division of Techni­ mont Hotel” . v Associate Director, cal Services, Arizona State Office, begin­ 6. In paragraph 14, page 31673, strike Bureau of Land Management. ning on the date of this order. Such ap­ the acreage figure for tract 36-190, ap­ plications, selections, and offers will be pearing as “ 4999.98” and substitute for it Dated: Septembers, 1974. considered as filed on the hour and re­ the figure “ 4999.96” . R oland G. R obiso n , Jr., spective dates shown for the various Also in paragraph 14, page 31673, strike Acting D eputy Assistant classes enumerated in the following the acreage figure for tract 36-191, ap­ Secretary of the Interior. paragraphs. pearing as “ 3007.56” and substitute for (1) Applications by persons having it the figure “ 3007.52”. [FR Doc.74-20878 Filed 9-6-74; 10:05 am] prior existing valid settlement rights, 7. On page 31674, strike footnote #2, preference rights conferred by existing and substitute for it the following lan­ DEPARTMENT OF AGRICULTURE laws, or equitable claims subject to allow­ guage: Forest Service ance and confirmation will be adjudi­ “That portion of Block 253 located cated on the facts presented in support more than three marine leagues seaward TIMBER MANAGEMENT of each claim or right. All applications of a line extending from a point on Shell KLAMATH NATIONAL FOREST presented by persons other than those Keys at latitude 29°24'32.15"N., longi­ / Notice of Availability of Final referred to in this , paragraph will be tude. 91°51'16.59"W. (X=l,834,019, Environmental Statement subject to the applications and claims Y=270,301) northwesterly in a straight Pursuant to section 102(2) CC) of the mentioned in this paragraph. line to Tigre Point at latitude 29°32'- (2) All valid applications and selec­ 23.13" N., longitude 92°14'57.15" W. National Environmental Policy Act of tions under the nonmineral public land (X=l,708,756, Y=318,661). The coordi­ 1969, the Forest Service, Department o f laws presented prior to 10 a.m., on Octo­ nates used refer to the Louisiana Plane Agriculture, has prepared a final environ­ ber 17, 1974 will be considered as simul­ Coordinate System, South Zone.” mental statement for the Timber Man­ taneously filed at that hour. Rights under agement Plan, Klamath National Forest, G eorge L. T urcott, such applications and selections and of­ California USDA-FS—R5-FES(Adm)- fers filed after that hour will be governed . Associate Director, 74-1. by the time of filing. Bureau of Land Management. The environmental statement concerns 5. Persons claiming preference rights Approved: September 4,1974. a proposed timber management plan for based upon settlement, statutory pref­ the management of the timber resources erence, or equitable claims must enclose J o h n C. W h itak er, on the forest. properly executed statements in support Under Secretary of the Interior. This final environmental statement of their applications, setting forth all [FR Doc.74-20829 Filed 9-6-74;8 r45 ami was transmitted to CEQ on August 1974. facts relevant to their claims. Detailed Copies are available for inspection dur­ rules and regulations governing applica­ ing regular working hours at the follow­ OUTER CONTINENTAL SHELF RESEARCH ing locations : tions which may be filed pursuant to this MANAGEMENT ADVISORY BOARD notice can be found in Title 43 of the TTSDA, Forest Service Code of Federal Regulations. Notice and Agenda for Meeting South Agriculture Bldg., Room 3230 This notice is issued in accordance 12th St. & Independence Ave., S.W. C harles G. B azan, Jr., Washington, D.C. 20250 Chief, Branch of Records with the provisions of the Federal Advi­ and Data Management. sory Committee Act, Pub. L. No. 92-463, TJSDA, Forest Service 5 U.S.C. App. I and the Office of Manage­ 630 Sansome Street, Rm. 531 [FR Doc.74-20710 Filed 9-6-74; 8:45 ami ment and Budget Circular No. A-63, Re- San Francisco, California 94111 vised. Klamath National Forest 1215 S. Main Street OIL AND GAS LEASE SALE #36 The Outer Continental Shelf Research Yreka, California 96097 Management Advisory Board will meet Amendments and Corrections during the period 9:30 a.m. to 4 p.m., A limited number of single copies are The following amendments and cor­ Rooms 7000 A and B, Department of the available upon request to Regional For­ rections are hereby made to the F ederal Interior, October 3 and 4. The meeting ester, Douglas R. Leisz, California Re­ gion, U.S. Forest Service, 630 Sansome Register notice which appeared on Fri­ will cover the following agenda items: Street, San Francisco,. California 94111. day, August 301, 1974, beginning on page 1. Approval of Minutes of June-10 meeting Copies of the environmental statement 31670 of Vol. 39, No. 170. 2. Status of Mississippi-Alabama-Florida have been sent to various Federal, State, 1. Strike the words “October 1, 1974” (MAFIiA) and Gulf of Alaska OCS bench­ and local agencies as outlined in the CEQ mark data program wherever they appear in the notice and 3. Overall plan, and schedule for future guidelines. Substitute for them the words “October environmental data collection on the OCS Dated: August 26,1974. 16, 1974”. 4. Preliminary work plans for environ­ D ouglas R . L eisz, mental monitoring, MAFLA area 2. Strike the words “September 30, 5. Preliminary work plans for bench-mark Regional Forester. 1974” wherever they appear in the notice data gathering, South Texas, Southern Cali­ [FR Doc.74-20711 Filed 9-6-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO. T75— M ONDAY, SEPTEMBER 9, 1974 32570 NOTICES

DEPARTMENT OF COMMERCE DEPARTMENT OF HEALTH, tical, related, or similar products, not EDUCATION, AND WELFARE the subject of an approved new drug ap,- Domestic and International Business plication, will then be unlawful. Administration Food and Drug Administration Dated: August 30, 1974. ADVISORY COMMITTEE ON EAST-WEST [DESI12339; Docket No. FDC-D-457; TRADE NDANo. 12-339] J. R ichard Grout, Notice of Meeting D irector, Bureau o f Drugs. CERTAIN COMBINATION DRUGS FOR [FR Doc.74-20715 Filed 9-6-74;8:45 am] A meeting of the Advisory Committee INHALATION on East-West Trade will be held at 10 Withdrawal of Approval of Parts of New a.m., Wednesday, September 25, 1974 in Drug Application [DESI 5597; Docket No. FDC-D-688; NDA No 11-702] Room 4830, U.S. Department of Com­ A notice of opportunity for hearing merce, 14th Street and Constitution Ave­ (DESI 12339) was published in the Fed­ COMBINATION DRUG CONTAINING ME­ nue NW., Washington, D.C. eral R egister of May 24, 1974 (39 FR PROBAMATE, ETHOHEPTAZINE CIT- 18315), in which the Commissioner of RATE AND ASPIRIN The purpose of the Committee is to Food and Drugs proposed to issue an Rescission of Notice Offering Opportunity advise the Department, through the order under section 505(e) of the Federal for Hearing on Proposal to Withdraw Deputy Assistant Secretary for East- Food, Drug, and Cosmetic Act (21 U.S.C. Approval of New Drug Application 355(e)) withdrawing approval of parts West Trade, on ways to facilitate and A notice published in the F ederal Reg­ of NDA 12-339 providing for Bronkom- coordinate the expansion of two-way ister of July 10, 1974 (39 FR 25375) of­ eter Aerosol (isoetharine methanesul- trade with countries having céntrally fered an opportunity for hearing on a fonate, phenylephrine hydrochloride, proposal to withdraw approval of that planned economies, so as to enhance the and thenyldiamine hydrochloride) and balance of trade and payments situation. part of new drug application No. 11-702, Bronkospray Solution (isoetharine hy­ held by Wyeth Laboratories, Division of Agenda items are as follows: drochloride, phenylephrine hydro­ American Home Products Corp., P.O. Box chloride, and thenyldiamine hydrochlo­ 1. Welcoming Statement. 8299, Philadelphia, Pa. 19101, providing ride) ; Breon Laboratories, Inc., Sub­ for Equagesic Tablets (meprobamate, 2. Introductory Statement : sidiary of Sterling Drug, Inc., 90 Park a. Report on status of Bureau of East-West ethoheptazine, and aspirin). Avenue, New York, N.Y. 10016. The basis That notice stated that no new evi­ Trade mission and programs; of the proposed action was the lack of b. Advisory Committee charter and func­ dence in support of effectiveness of the substantial evidence of effectiveness as drug had been submitted. That state­ tions; fixed combinations for the labeled in­ ment was incorrect; the NDA holder had c. Introduction of Committee Chairman dications. submitted evidence which is undergoing and Vice-Chairman. Neither the holder of the application review. Therefore, the notice of July 10, 3. Discussion Topics: nor any other person filed a written ap­ 1974 is herewith rescinded. a. Outlook for continued expansion of pearance of election as provided by said East-West Trade; notice. The failure to file such an appear­ Dated: August 30, 1974. b. Identification of industry problems in ance constitutes election by such persons J. R ichard Crout, East-West Trade; not to avail themselves of the opportu­ Director, Bureau of Drugs. nity lor a hearing. c. Evaluation of Bureau of East-West [FR Doc. 74-20713 Filed 9-6-74;8:45 am] Trade, trade statistics and other publications. All identical, related, or similar prod­ 4. Agenda items suggested by Committee ucts, not the subject of an approved new drug application, are covered by the new Office of Education members. drug application (s) reviewed and are 5. Review of items submitted by the subject to this notice (21 CFR 310.6). TRAINING GRANTS public. Any person who wishes to determine Closing Date for Receipt of Applications 6. Setting of date fdr next meeting. whether a specific product is covered by Pursuant to the authority contained The public will be permitted to attend this notice should write to the Food and in sections 631, 632, and 634 of the Edu­ Drug Administration, Bureau of Drugs, cation of the Handicapped Act (20 U.S.C. the meeting, and a limited number of Office of Compliance (HFD-300), 5600 seats will be available to the public. Any 1431, 1432, and 1434), notice is hereby Fishers Lane, Rockville, Md. 20852 given that the U.S. Commissioner of Edu­ member of the public who wishes to file The Director of the Bureau of Drugs, cation has established the final closing a written statement with the Committee pursuant to the provisions of the Federal date of October 15, 1974 for receipt of may do so before or after the meeting. Food, Drug, and Cosmetic Act (sec. 505, applications for new and continuation 52 Stat. 1053, as amended; 21 U.S.C. 355), training grants under Part D of the Act. Persons who wish to attend the meeting and under authority delegated to him (21 should contact Robert Frothingham III, CFR 2.121), finds that on the basis of A notice of proposed rulemaking gov­ Director, Liaison and Coordination Divi­ erning grants for teacher training, au­ new information before him with respect thorized under Part D of the Act, was sion, Office of Joint Commission Secre­ to the drug products, evaluated together published in the F ederal R egister on tariat, Bureau of East-West Trade, U.S. with the evidence available to him when October 11, 1973 (38 FR 28238-28240), Department of Commerce, 14th Street the application was approved, there is a lack of substantial evidence that the and will govern the program when re­ and Constitution Avenue NW., Washing­ drug products will have the effects they published in the F ederal R egister as ton, D.C. 20230, Room 4814A, 202/967- purport or are represented to have under final regulations. Awards are also sub­ ject to the Office of Education General 4425. the conditions of use prescribed, recom­ mended, or suggested in their labeling. Provisions Regulations, 45 CFR Part Dated: September 3,1974. Therefore, pursuant to the foregoing 100a. Applications must be received by the R obert F rothingham III, findings, approval of those parts of new drug application No. 12-339 applying to U.S. Office of Education Application Director, Liaison and Coordina­ Bronkometer Aerosol and Bronkospray Control Center on or before October 15, tion Division, Office of Joint Solution and all amendments and sup­ 1974. Commission Secretariat, Bu­ plements applying thereto is withdrawn A. Applications sent by mail. An application sent by mail should be reau of East-West Trade. effective on September 19,1974. Shipment in interstate commerce of addressed as follows: U.S. Office of Edu­ {PR Doc.74-20765 Filed 9-6-74;8:45 am] the above-listed products or of any iden­ cation, Application Control Center, 400

FEDERAL REGISTER, VOL. 39, NO. 1/5— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32571

Maryland Avenue SW., Washington, D.G; erator leakage. Subsequent investiga­ the interim amendment, excluding the 20202, Attention: 13.448 and 13.451. An tions by the licensee disclosed that the 90-day and 60 percent-power limitations application sent by mail will be consid­ leakage was caused by steam generator set forth therein. ered to be received on time by the Ap­ tube corrosion which was, in turn, caused Prior to the issuance of the proposed plication Control Center if : by sulphur and phosphate salts there­ amendment, the Commission will have (1) The application was sent by regis­ tofore utilized by the licensee for steam made the findings required by the Act tered or certified mail not later than the generator water chemistry control. As a and the Commission’s regulations. fifth calendar day prior to the closing result of its investigations and analyses, By October 9, 1974, the licensee may date (or if such fifth calendar day is a the licensee adopted a program involv­ file a request for a hearing and any per­ Saturday, Sunday, or Federal holiday, ing (1) plugging of damaged tubes in son whose interest may be affected by not later than the next following busi­ accordance with a specified plugging cri­ this proceeding may file a petition for ness day), as evidenced by the U.S. Postal terion, (2) removal of the corrodents leave to intervene. Requests for a hear­ (Service postmark on the wrapper or through a flushing program, and (3) ing and petitions for leave to intervene envelope, or on the original receipt from implementation of a different method of shall be filed in accordance with the the U.S. Postal Service; or water chemistry control. The plugging Commission’s “Rules of Practice” in 10 (2) The application is received, on or of damaged tubes has been completed, CFR Part 2. If a request for a hearing or before the closing date by either the De­ and the removal of corrodents and the a petition for leave to intervene is filed partment of Health, Education, and Wel­ change in the method of water chemistry within the time prescribed in this notice, fare, or the U.S. Office of Education mail control are in progress. the Commission will issue a notice of rooms in Washington, D.C. (In estab­ The licensee has stated, and the Direc­ hearing or an appropriate order, lishing the date of receipt, the Commis­ torate of Regulation has determined, that For further details with respect to this sioner will rely on the time-date stamp the corrodent flushing program should action, see (1) the licensee’s Request for of such mail rooms or other documentary proceed without delay in the interest of Change to the Technical Specifications evidence of receipt maintained by the arresting the corrosion process with min­ dated August 20, 1974, and its letter to Department of Health, Education, and imum additional damage. the Directorate of Licensing dated Au­ Welfare, or the U.S. Office of Education.) The interim amendment, which was gust 28,1974, requesting interim Techni­ B. Hand delivered a? vacations. made effective upon issuance and will cal Specifications, (2) Amendment No. An application to be hand delivered remain in effect for a limited period of 10 to License No. DPR-20, with any at­ must be taken to the U.S. Office of Edu­ 90 days from the date of issuance, revises tachments, and (3) the Commission’s re­ cation Application Control Center, Room the Technical Specifications by reducing lated Safety Evaluation. All of these allowable primary system pressure limits items are available for public inspection 5673, Regional Office Building Three, 7th and differential pressure limits and by and D Streets SW-. Washington, D.C. at the Commission’s Public Document incorporating an augmented inservice in­ Room, 1717 H Street NW., Washintgon, Hand delivered applications will be ac­ spection program for steam -generators. cepted daily between the hours of 8 a.m. D.C. and at the Kalamazoo Public Li­ The interim amendment imposes further brary, 315 South Rose Street, Kalamazoo, and 4 p.m. Washington, D.C. time except a limitation of 60 percent on the maxi­ Saturdays, Sundays, or Federal holidays. Michigan. As it becomes available, the mum core power level. Commission’s Safety Evaluation related Applications will not be accepted after The interim amendment authorizes the 4 p.m. on the closing date. licensee to conduct the corrodent flush­ to operation beyond the 90-day interim C. Program information and forms. ing program subject to the Technical period will be available at the above lo­ Information and application forms Specifications as revised. The licensee has cations. may be obtained from the Division of represented that in keeping with the lim­ A copy of items (2) and (3), and of Personnel Preparation, Bureau of Edu­ ited objective (flushing of corrodents) of cation for the Handicapped, U.S. Office the Safety Evaluation related to opera­ initial operation, the facility will be oper­ tion beyond, the 90-day interim period, of Education, Washington, D.C. 20202. ated substantially in accordance with (20U.S.C. 1431, 1432, 1434) guidelines which provide for an ascent when available, may be obtained upon request addressed to the U.S. Atomic Dated: August 30,1974. from lower to higher power levels as the concentrations of the corrodents are re­ Energy Commission, Washington, D.C. T. H. B ell, duced; limit cumulative operation at 20545, Attention: Deputy Director for Re­ U.S. Commissioner of Education. power plateaus above a nominal 30 per­ actor Projects, Directorate of Licensing— cent power level; and require cycling of (Catalog of Federal Domestic Assistance Regulation. Number 13.448 Handicapped Physical Educa­ power levels such that periods of opera­ tion and Recreation Training and 13.451 tion above a nominal 30 percent power Dated at Bethesda, Maryland, this 30th Handicapped Teacher Education) level will be followed by periods of opera­ day of August 1974. [PR Doc.74-20706 Filed 9-6-74;8:45 am] tion at levels not exceeding a nominal 30 percent. For the Atomic Energy Commission. The application for interim amend­ ATOMIC ENERGY COMMISSION ment, dated August 28, 1974, complies R obert A. P urple, [Docket No. 50-255] with the standards and requirements of Chief, Operating Reactors Branch #1 Directorate of CONSUMERS POWER CO. the Atomic Energy Act of 1954, as Licensing. amended (the Act), and the Commis­ Issuance of Amendment to Provisional Op­ sion’s rules and regulations. The Com­ [FR Doc.74-20702 Filed 9-6-74;8:45 am] erating License and Proposed Issuance mission has made, with respect to the ' of Amendment to Provisional Operating interim amendment, appropriate findings License as required by the Act and the Commis­ PROTECTION AGAINST ACCIDENTS IN Notice is hereby given that the U.S. sion’s rules and regulations in 10 CFR NUCLEAR POWER REACTORS Atomic Energy Commission (the Com­ Chapter 1. These findings are set forth mission) has issued Amendment Nò. 10 in the interim amendment. Interim General Statement of Policy (the interim amendment) and is consid­ The proposed permanent amendment C orrection ering the issuance of a further..amend­ would revise the Technical Specifications ment (the proposed permanent amend­ as appropriate to permit completion of In FR Doc. 74-19771 in the issue of ment) revising Technical Specifications the flushing program and, following a Tuesday, August 27, 1974, make the fol­ for operation of the Palisades Nuclear required shutdown and inspection, a re­ lowing change: Generating Plant (the facility) located turn to normal facility operation. The The comment period deadline of Oc­ in Covert Township, Van Buren County, proposed permanent amendment, if Michigan. adopted in the form requested by the li­ tober 11, 1974, referred to in the third On August 11, 1973, the facility was censee in its application dated August 20, column of page 30965, is changed to shut down because of excess steam gen­ 1974, would be substantially identical to November 1, 1974.

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175----- 6 32572 NOTICES

CIVIL AERONAUTICS BOARD that (1) as a replacement service for air to unreasonable and discriminatory [Dockets 26838, 27003, Order 74-0-4] express, the proposed service is not com­ limitations and provisions, and whether parable to the present service offered it is consistent with the Board’s flndmg CONTINENTAL AIR LINES, INC. AND and it is unnecessary and unacceptable that the carrier Is under an obligation WESTERN AIR LINES, INC. in its present form; (2) a service so to offer highly expedited inter-carrier Order of Investigation and Consolidation limited in scope as a single line-service priority service as a replacement for air has minimal value for the shipping pub­ express (Order 73-12-36) .* Among other Adopted by the Civil Aeronautics lic; (3) the basis for the 30 percent rate things, the Board is concerned about (l) Board at its office in Washington, D.C. increase is not appropriate and is strictly the percentage of premiums for specific on the 4th day of September, 1974. an inflationary rate which has not been commodities, which will be greater than By tariff revisions bearing the issue cost justified; (4) the three-hour res­ for general commodities because the date of August 7, and marked to become ervation restriction is an inconvenience rates for all traffic will be 30 percent effective September 6, 1974, Continental that the increased rates certainly do not above the GCR’s; (2) the use of 10 Air Lines, Inc. (Continental) proposes to justify; and (5) the proposed service is pounds per cubic foot as the dimensional establish premium general commodity inappropriate -at this time because (a) weight, which has not been fully sub­ rates for a new “Proud Bird Express” REA has been granted an extension of stantiated; and (3) the adequacy of the reserved freight service. The proposed the expiration date for air express; and cost justification in support of the rates amount to 130 percent of the appli­ (b) the airlines are still in the process of premium service charge. cable general commodity rates, with discussions concerning an industry-wide The Board has considered the request minimum charges per shipment equal to priority air freight service. for rejection and finds no basis for such the charges per 100 pounds. The shipper REA contends,-inter alia, that (1) Con­ action. is provided a reservation, which is defined tinental’s proposal fails to provide ship­ Accordingly, pursuant to the Federal as a commitment by the carrier to trans­ pers who have used air express with the Aviation Act of 1958, and particularly port a predetermined volume of freight adequate replacement service they need; sections 204(a), 403, 404, and 1002 on a specific flight. Advance reservation (2) the proposed tariff fails to provide thereof, must be made with the carrier at least armed-guard service, pick-up and de­ It is ordered, That: 1. An investigation 3 hours prior to the flight requested, and livery service, and will not guarantee is instituted to determine whether the the shipment must be tendered to the same-day service; (3) the three-hour charges and provisions in Rule No. 71 carrier at least 45 minutes prior to the advance-reservation requirements does on the Original Page 38-E and Original scheduled flight departure. not permit shippers to get priority serv­ Page 38—P and reissues thereof of Tariff The shipper will be charged for the ice upon tender less than an hour before total volume reserved, whether or not flight time, as they can with air ex­ C.A.B. No. 169 issued by Airline Tariff actually tendered, on the basis of actual press; (4) Continental’s tariff violates Publishers, Inc., Agent} and rules, regu­ weight of the shipment or its cubic den­ Section 404(a) of the Act if it intends lations, or practices affecting such sity at 10 pounds per cubic foot, which­ to replace air express; (5) the proposal charges and provisions are or will be ever is greater. However, if the unutilized will deny shippers the right they present­ unjust, unreasonable, unjustly discrimi­ space does not exceed 10 percent of that ly have to get their traffic on the first natory, unduly preferential, unduly prej­ reserved, the charge-will be only for the available flight, no matter which carrier actual or cubic weight shipped. is operating, at a uniform rate level; udicial, or otherwise unlawful, and if In the event the shipment is not car­ and (6) Board Order 73-12-36 states that found to be unlawful, to determine and ried on the agreed-upon flight, the all airlines have an obligation to provide prescribe the lawful charges and provi­ shipper will be refunded the surcharge priority service, with inter-airline co­ sions and rules, regulations, and prac­ applicable for this service, and will be ordination as part of their obligation to tices affecting such provisions; charged the applicable rates for stand­ provide adequate service under section ard service. The proposal bears an expiry 404(a), and the Board has no jurisdic­ 2. The investigation initiated herein, date of December 31, 1974. tion to modify this order since it is being designated Docket 27003, is hereby con­ In support of its proposal, Continental reviewed by the Court. solidated into the Priority Reserved Air contends essentially that (1) the pro­ In answer to the complaints, Conti­ Freight Rates Investigation, Docket posed service is basically an extension nental asserts, inter alia, that its pro­ 26838; of its existing small package tariff, a re­ posal is not comparable to current air ex­ 3. Except to the extent granted herein, placement for air express, and a new press (and on this point it agrees with service for all types of shipments that complainants), because it would apply the complaints of The National Small require expedited service; (2) shippers of also to large shipments than those car­ Shipments Traffic Conference, Inc., in any size of shipment—not just small ried by air express; that its 30 percent Docket 26967, and REA Express, Inc., in shipments—will have the ability to re­ premium is appropriate; and that the Docket 26955 are dismissed; and serve space on a particular flight; (3) airport-to-airport service proposed 4. Copies of this order shall be served the reservation system will enable the would satisfy most shippers requiring carrier to preplan the flight and ensure expedited service, in which shippers upon Continental Air Lines, Inc., and that the higher priority shipment will be would provide their own pick-up and de­ REA Express, Inc., which are hereby accommodated on the exact flight agreed livery service. made parties to Docket 26838. upon; (4) the proposed service will at­ By Order 74-6-136, dated June -28, This order will be published in the tract traffic outside the present realm 1974, the Board instituted an investiga­ F ederal R egister, of air express—the documented growth tion of the “Priority Reserved” air of small package traffic testifies to the freight rates proposed by Western Air By the Civil Aeronautics Board. fact that confirmed traffic on an agreed Lines, Lie. (Western), but permitted flight is a service acceptable to shippers; [seal! Edw in Z. H olland, them to become effective. Continental’s Secretary. and (5) in regard to capacity costs, the instant proposal is almost identical to 30 percent markup is in line with the Western's, and the reasons for our f PR Doc.74-20743 Piled 9- 6- 74; 8:45 am] weighting applied to priority air freight actions on the latter proposal are equally in Docket 18381. applicable to the instant filing. Consist­ Complaints requesting rejection, nr •It should be noted that, while Con­ ent with the Board’s finding regarding tinental states that this new priority service suspension and investigation of the pro­ Western’s filing and upon consideration is intended as a replacement fear air express, posed rates, were filed by The National of all relevant factors, the Board finds Continental still transports air express traf­ Small Shipments Traffic Conference, Inc. that Continental’s tariff proposal may fic. However, Continental has announced its (National) and REA Express, Inc. be unjust, unreasonable, unjustly dis­ intention to withdraw from the air express criminatory, unduly preferential, un­ agreement effective December 28, 1974. In (REA).* National contends, inter alia, duly prejudicial, or otherwise unlawful, addition, the carrier is also a participant in and should be investigated. the current inter-carrier discussions to de­ 1 REA requested rejection or suspension and cide on the procedures and details of how investigation, while National requested sus­ There is a significant question as to best to provide a coordinated interline pension pending investigation. whether the proposed service Is subject priority service to replace air express.

FEDERAL REGISTER, VOL. 39, NO. 175— MONDAY, SEPTEMBER 9, 1974 NOTICES 32573

[Docket; 38638; Order 74-9-IJ the Southern Idaho Regional Airport of traffic cannot economically support HUGHES AIRWEST (Burley). services by Airwest. Furthermore, the Upon consideration of Airwest’s ap­ lack of objection to Airwest’s application Order To Show Cause plication, the lack of any civic opposi­ by any Burley-Rupert civic parties indi­ Adopted by the Civil Aeronautics Board tion, and all other relevant facts, the cates those communities’ satisfaction at its office in Washington, D.C. on the Board has determined to issue this order with Twin Falls certificated services in 3rd day of September, 1974. to show cause which proposes to grant lieu of direct commuter carrier services* By application filed April 22, 1974, the requested deletions. We tentatively The situation here differs from the Hughes Airwest requests amendment of find and conclude that the public con­ one before us last year when the Board its certificate of public convenience and venience and necessity require the denied Airwest’s application for hyphen­ necessity for route 76 so as to delete amendment of Airwest’s certificate for ation of Sun Valley and Burley Rupert therefrom the points Sun Valley-Hailey- route 76 so as to delete therefrom the with Twin Falls, Order 73-6-115 (June Ketchum (Sun Valley) and Burley- points Sun Valley-Hailey-Ketchum, 28, 1973), since here there is no opposi­ Rupert, Idaho. The carrier asks that the Idaho, and Burley-Rupert, Idaho* In tion by any party and no question of Board proceed by way of an order to support of this ultimate conclusion we traveler confusion over services actually show cause or, alternatively, set the mat­ make the tentative findings and con­ provided. ter for an expedited hearing.1 clusions appearing below. The Board also finds that the proposed In support of its request for deletion, It is the Board’s judgment that the action will not have any significant envi­ the carrier asserts that neither airport overall air service needs of the two points ronmental consequences, since it simply is adequate for F-27 aircraft—the in question are being efficiently and eco­ proposes , to make permanent the envi­ smallest equipment type operated by Air- nomically met by Part 298 commuter ronmental status quo existing for the west at the time its application was carrier service (in the case of Sun Valley) past three and one-half years. Thus, the filed;2 that neither point is isolated in or by certificated service at Twin Falls proposed deletion of Airwest is not a terms of ground travel; that both points (in the case of Burley-Rupert), upon major Federal action significantly affect­ receive regularly-scheduled commuter which the points in question have relied ing the quality of the human environ­ carrier service; * and that both points for over three and one-half years. In the ment within the meaning of the Na­ case of Sun Valley, the commuter carrier have been poor generators of traffic and tional Environmental Policy Act of 1969. services appear to have won widespread Interested persons will be given twenty as a result the subsidy need per passen­ acceptance by the community and the days following service of this order to ger would be prohibitively high, esti­ traveling public, as is evidenced by the show cause why the tentative findings mated by Airwest at $21.25 per passenger. lack of any civic opposition to Airwest’s and conclusions set forth herein should No answers in opposition to the dele­ deletion application, and by the substan­ not be made final. We expect such per­ tion application have been filed. Sun tial O&D traffic growth in the last two sons to support their objections, if any, years: 5 Valley Key Airlines has submitted a let­ with detailed answers, specifically set­ ting forth the tentative findings and ter supporting the deletion, as has the o &d Traffic Y e a r; Sun Valley conclusions to which objection is taken. Chairman of the Board of Trustees of 1969 ______7,369 Such objections should be accompanied 1970 ______2,088 by arguments of fact or law and should ‘ Airwest has been suspended at both 1971 ______:___ 2,474 be supported by legal precedent or de­ points for the past three and one-half years, 1972 ____3______-___'* 12, 239 tailed economic analysis. If any eviden­ subject to a condition requiring the con­ 1973 ______24,111 tiary hearing is requested, the objector tinuation of existing regularly-scheduled In addition, Sim Valley travelers may shall state in detail why such a hear­ commuter carrier services. See Orders 69-12— avail themselves of Airwest’s services at ing is considered necessary and what 94 (December 23, 1069), 73-1-9'(January 3, relevant and material facts he would 1973) , and 73-2-87 (February 23, 1973). The Twin Falls. Under aramgements with condition has been recently lifted by the Airwest, direct bus service is provided expect to establish through such a hear­ Board, pending final decision on this dele­ between Sun Valley and Airwest’s serv­ ing that cannot be established in written tion application, Order 74-7-53 (July 12, ice at the Twin Falls airport. pleadings. General, vague, or unsup­ 1974) . The Board last year also denied an In the case of Burley-Rupert, it ap­ ported objections will not be entertained. Airwest application seeking, through show pears that the certificated services at cause procedures, the hyphenation of Sun Accordingly, it is ordered, That; 1. All Valley and Burley-Rupert with Twin FaUs, Twin Falls are meeting that commu­ interested persons are directed to show nity’s needs. Indeed, direct Burley- Idaho, Order 73-6-115 (June 28, 1973). cause why the Board should not issue ‘ The carrier hah now completed plans to Rupert commuter carrier traffic® has dispose of its remaining F-27 aircraft, In been declining since Airwest’s suspen­ an order making final the tentative find­ favor of an all DC-9 fleet. Nonetheless, as we sion, averaging .43 passengers boarded ings and conclusions stated herein, and have recently observed, the carrier’s lack of and .39 passengers deplaned per flight amending the certificate of public con­ propjet equipment suitable for service at small communities will not be dispositive for the nine-month period ending venience and necessity of Hughes Air­ of any application to be relieved of its cer­ April 30, 1974.7 It is clear that this level west for route 76 so as to delete Sun tificate obligations. See Order 74-8-45, dated Valley-Hailey-Ketchum and Burley- August 12,1974. s At present Sun Valley Key Airlines, a * We further tentatively find that Airwest Rupert, Idaho, therefrom; commuter carrier, provides six round trips is a citizen of the United States within the 2. Any interested persons having ob­ meaning of the Act and Is fit, willing and per day in the Boise-Sun Valley market and jections to the issuance of an order mak­ five round trips per day in the Salt Lake City- able properly to perform the transportation Sun Valley market. Official Airline Guide, pursuant to the amended certificate proposed ing final any of the proposed findings, July 15, 1974. Air Idaho (formerly Trans and to conform to the provisions of the Act conclusions, or certificate amendments Magic), which had provided two round trips and the Board’s rules, regulations, and re­ set forth herein shall, within 20 days per day between Sun Valley, on the one hand, quirements thereunder. and Boise and Salt Lake City, on the other ■Data for 1970 thru 1973 submitted on after service of a copy of this order, file hand, and one round trip between Sun Valley Form 298 by Sim Valley Key Airlines and with the Board and serve upon all per­ Air Idaho (formerly Trans Magic); 1969 is and Twin Falls, as well as Burley-Rupert sons listed in Appendix A a statement of service, was recently authorized by the Idaho Airwest’s on-line O&D traffic at Sun Valley. PUC to temporarily suspend all air carrier «Carried, until Its recent suspension by objections together with a summary of service within the State of Idaho pending a Air Idaho. testimony, statistical data and other evi- hearing on a further suspension. Idaho Pub­ 7 Application of Air Idaho to the Idaho lic Utilities Commission Cases No. A-1001-16 PUG for authority to suspend service to Bur­ and A-1001—17, Order No. 11535 (July 17, ley. Air Idaho further alleges that the re­ 8 Burley is only 40 miles from Twin Falls 1974). The cessation of Air Idaho’s service quired breakeven enplaning and deplaning via modern Interstate highway, assuring has left Burley-Rupert without regularly- passenger count is 4.22 per arrival and easy access to the superior air transporta­ scheduled air services. departure. tion services available at Twin Falls.

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 32574 NOTICES

dence expected to be relied upon to sup­ P.O. Box 807 Hailey, Idaho 83333 discussions would be held to bring port the stated objections;9 United States textile and apparel 3. If timely and properly supported ob­ Idaho Department of Aeronautics Boise Municipal Airport agreements into conformity with the jections are filed, full consideration will Arrangement, and negotiations could be be accorded the matters and issues raised 3103 Airport Way Boise, Idaho 83705 held to renew existing agreements or to by the objections before further action is reach new agreements. The notice in­ taken by the Board; Idaho Public Utilities Commission State Building vited the public to submit views or pro­ 4. In the event no objections are filed, vide data or information on any or on all further procedural steps will be Boise, Idaho 83707 Air Idaho all these agreements, the treatment of deemed to have been waived and the Joslin Field any product under them or any other Board may proceed to enter an order in Twin Falls, Idaho 83301 aspect of the agreements. accordance with the tentative findings Sun Valley Key The Committee anticipates holding and conclusions set forth herein; and 3909 South Airport Road textile and apparel agreement bilateral 5. A copy of this order shall be served Ogden, Utah 84403 discussions between the Government of upon the persons listed in Appendix A, United Air Lines, Inc. the United States and the Government attached hereto. P.O. Box 66100 of Colombia. Any party wishing to ex­ Chicago, Illinois 60666 press a view or provide data or infor­ This order will be published in the Western Air Lines, Inc. mation with regard to the treatment Federal R egister. 6060 Avion Drive of any product under this agreement P.O. Box 92005 By the Civil Aeronautics Board. World Way Postal Center and any other aspect thereof, or with respect to imports of other textile prod­ [ seal] E dw in Z. H olland, Los Angeles, California 90009 Federal Aviation Administration ucts from this country, is invited to Secretary. submit such in ten copies to Mr. Seth Appendix A Department of Transportation Attn: Director of Airport Services M. Bodner, Chairman of the Commit­ Copies of the foregoing Order have been 800 Independence Avenue, S.W. tee for the Implementation of Textile served upon the following: Washington, D.C. 20590 Agreements and Deputy Assistant Sec­ The Honorable Cecil B. Andrus [FR Doc.74-20742 Filed 9-6-74;8:45am] retary for Resources and Trade Assist­ Governor of the State of Idaho ance, U.S. Department of Commerce, State Building 14th and Constitution Avenue, N.W., Boise, Idaho 83701 [Docket 20472] Room 3826, Washington, D.C. 20230. Mayor, City of Boise Comments on the bilateral textile dis­ City Hall PH ! LADELPHIA-ROCH ESTER / Boise, Idaho 83702 SYRACUSE CASE cussions with Colombia should be re­ ceived by September 30, 1974. Comments Mayor, City of Sun Valley Notice of Hearing P.O. Box 43 received after September 30, 1974 will Sun Valley, Idaho 83353 Notice is hereby given, pursuant to the be taken into consideration to the ex­ Mayor, City of Hailey provisions of the Federal Aviation Act of tent possible consistent with the sched­ City Hall 1958, as amended, that a public hearing ule of discussions. HaUey, Idaho 83333 in the above-entitled proceeding is as­ Views, data or information submitted Mayor, City of Ketchum signed to be held on October 1, 1974, at under this procedure will be available CityHall 10 a.m. (local time) in Room 911, Univer­ for public inspection at the Central Ketchum, Idaho 83340 sal Building, 1825 Connecticut Avenue, Reference and Records Inspection Fa­ Mayor, City of Burley N.W., Washington, D.C., before the cility, U.S. Department of Commerce, City Hall undersigned. 14th and Constitution Avenue, N.W., Burley, Idaho 83318 For information concerning the issues Room 7043, Washington, D.C. 20230 and Mayor, City of Rupert involved and other details of this pro­ may be obtained upon written request City Hall ceeding, interested persons are referred pursuant to the Freedom of Informa­ Rupert, Idaho 83350 to the various documents which are in tion Act (5 U.S.C. 522) and the regula­ Mayor, City of Twin Palls the docket of this case on file in the tions of the Department of Commerce City HaU (15 CFR 4). Whenever practicable, pub­ Twin Falls, Idaho 83301 Docket Section of the Civil Aeronautics Board. lic comment may be invited concerning The Postmaster General views, comments or information re­ Attn: Asst. Postmaster General Dated at Washington, D.C., Septem­ ceived from the public which the Com­ Bureau of Transportation ber 3, 1974. Post Office Department mittee for the Implementation of Tex­ Washington, D.C. 20260 [ seal] R obert M. Johnson, tile Agreements considers appropriate Sun Valley Corporation Administrative Loan Judge. for further consideration. Sun Valley, Idaho 83353 [FR Doc.74-20741 Filed 9-6-74;8:46 am] The solicitation of comments on any Southern Idaho Regional Airport Authority negotiation, consultation, market dis­ Ponderosa Inn ruption or any other matter pursuant Burley, Idaho 83318 COMMITTEE FOR THE IMPLEMEN­ to this notice is not a waiver in any Manager TATION OF TEXTILE AGREEMENTS respect of the exemption contained in Burley Municipal Airport Burley, Idaho 83318 / TEXTILE AGREEMENTS. 5 U.S.C. 553(a)(1) and 554(a)(4) of Manager Bilateral Discussions With Colombia the Administrative Procedure Act, re­ Twin Falls Municipal Airport lating to matters which constitute “a Twin Falls, Idaho 83301 The Committee for the Implemen­ tation of Textile Agreements, as an­ foreign affairs function of the United Chairman Blaine County Airport Commission nounced in its F ederal R egister no­ States.” Hailey Friedman Memorial Airport tice of April 12, 1974, solicits comments S eth M. B odner, on the United States Government ac­ Chairman, Committee for the tions implementing the GATT Ar­ Implementation of Textile 9 AU motions and/or petitions for recon­rangement Regarding International Agreements, and Deputy As- sideration shaU be filed within the period Trade in Textiles hereafter referred to . sistant Secretary for Re­ allowed for filing objections and no further sources and Trade Assist­ such motions, requests or petitions for re­ as the Arrangement. In the April 12 consideration of this order wlU be enter­ notice the Committee announced that ance. tained. in the following 12 months bilateral [FR Doc.74-20746 Filed 9- 6- 74;8:45 am]

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32575

COMMISSION ON TH E ORGANIZA- ing the organization and procedures used testimony would include views on the types of personnel needed, what orga­ TION OF THE GOVERNMENT FOR in development of strategic doctrine so that foreign policy considerations are nizational and procedural steps should THE CONDUCT OF FOREIGN given adequate weight. Relevant areas be taken to improve the personnel man­ POLICY also include the mechanisms for coordi­ agement and budget processes and what nating defense goals with other agencies systems could be used to mesh policy­ n a t io n a l s e c u r i t y , a r m s c o n t r o l , making and resource allocation more intelligence , p u b l ic d ip l o m a c y in the national security structure, and effectively by foreign affairs agencies in a n d s u p p o r t a c t i v i t i e s the proper balance between defense needs and competitive domestic or economic Washington and by the Ambassadors and Public Hearings considerations which also influence for­ Country Teams abroad. Notice is hereby given that the Com­ eign policy. What obstacles stand in the Testimony need not be limited to those mission on the Organization of the Gov­ way of more effective organization and issues. We do, however, request that wit­ ernment for the Conduct of Foreign procedures and what recommendations nesses confine themselves to organiza­ Policy will hold public hearings, on the can be made toward improvement. tional, procedural, and personnel mat­ subject areas noted below, in Philadel­ With respect to Arms Control, what in ters and avoid substantive policy matters. phia, Pennsylvania, on October 8, 1974, realistic terms are the principal ob­ Interested persons are encouraged to at 9:30 a.m., at Congress Hall, on the stacles in terms of organization, pro­ present information and views in the southeast comer of Independence cedures, processes, and institutions which course of the Commission hearing, sub­ Square. The hearings are held in fur­ hinder effective arms control and dis­ ject to the following conditions and pro­ therance of the Commission’s mandate, armament planning in national security cedures: as stated in section 603(a) of Pub. L. 92- policy? How can better coordination of (1) Any person wishing to present in­ 352 (92nd Congress, H.R. 14734) : current arms control negotiations be formation and views to the Commission achieved? What limitations impede the shall submit a request in writing, speci­ Sec. 603(a) The Commission shall study fying the date of the hearing for which and investigate the organization, methods of effectiveness of research, technical anal­ operation, and powers of all departments, ysis, and field testing as necessary ele­ the request is made, a concise summary agencies, independent establishments, and ments of arms control policy making in of the proposed presentation, and the instrumentalities of the United States coordination of technical issues of arms amount of time requested for oral testi­ Government participating in the formulation control within the U.S. Government? mony (if any). Such request must be and implementation of United States foreign received at the offices of the Commission policy and shall make recommendations With respect to Intelligence, what is the essential role of intelligence in the no less than 14 days prior to the pro­ which the Commission considers appropriate posed hearing date. to provide improved governmental processes conduct of foreign policy and how can and programs in the formulation and imple­ this role be most efficiently pursued in a (2) The Chairman shall, within three mentation of such policy, including, but not free and open society? How can congres­ days from receipt of any such request, limited to, recommendations with respect sional oversight be effective without be­ notify the requesting person whether the to—■ ing. overly intrusive? What is the proper proposed presentation is consistent with (1) the reorganization of the departments, the legislative mandate of the Commis­ agencies, independent establishments, and role, if any, of covert political actions? Testimony need not be limited to the sion, and how much time (if any) can be instrumentalities of the executive branch allotted for oral testimony. participating in foreign policy matters; above issues. The only restriction is that (2) more effective arrangements between witnesses confine themselves to orga­ (3) Two typewritten copies of all ma­ the executive branch and Congress, which nizational, structural, and procedural terial to be presented to the Commission will better enable each to carry out its con­ matters and not to substantive policy shall be filed with the Commission no stitutional responsibilities; matters. less than two business days prior to the (3) improved procedures among depart­ 2. Public Diplomacy and Support Ac­hearing to which it relates. Any state­ ments, agencies, independent establishments, tivities. ment or material for which no time for and instrumentalities of the United States oral presentation has been allotted or is Government to provide improved coordina­ The objective of the Commission in tion and control with respect to the conduct soliciting testimony from private sector available shall be included in the official of foreign policy; witnesses is to receive suggestions, com­ hearing record. (4) the abolition of services, activities, and ments and criticisms aimed at improving (4) Any person who takes exception functions not necessary to the efficient con­ governmental organization in the fol­ to any determination of the Commis­ duct of foreign policy; and lowing specific functional areas: sion may present in writing to any Com­ (5) other measures to promote peace, Public Diplomacy missioner the basis for such exception economy, efficiency, and improved adminis­ and thereafter the decision of the Chair­ tration of foreign policy. Cultural affairs programs, including stu­ man shall be considered by the Com­ dent, scientific, and artistic exchange; The hearing will focus upon two spe­ mission and may be overruled by a ma­ Foreign information programs, including jority vote. Such person shall be notified cific subject areas: those of the U.S. Information Service, Voice 1. National Security, Arms Control, by certified mail of the decision of the of America, Radio Free Europe, and Radio Commission, which shall be final. and Intelligence. Liberty. The objective of the Commission in Requests for further information, soliciting testimony from private sector Support Activities questions, and other communications witnesses on the subject of national se­ Personnel management; Budgeting and should be addressed to the Executive Di­ curity, arms control, and intelligence program planning; and Organization and rector, Commission on the Organization matters is to receive suggestions, com­ management of UJS. establishments overseas. of the Government for the Conduct of ments, criticisms and recommendations Foreign Policy, 2025 M Street NW., Testimony in the Public Diplomacy Washington, D.C. 20506, Suite 3002, aimed at improving the organization of field should concentrate on issues and the U.S. Government in the following suggested improvements in concepts, Telephone 202-254-9850 or to the World specific functional areas: jurisdiction, organizational structure, Affairs Council of Philadelphia, The National Security; coordination, and improved procedures John Wanamaker Store, Third Floor Arms Control; and to make our informational and cultural Gallery, 13th & Market Streets, Phila­ Intelligence. affairs programs more effective. In the delphia, Pennsylvania 19107, Telephone Support field, the Commission is par­ 215-563-5363. Testimony should be directed at Iden­ ticularly interested in learning how well tifying problem areas and suggesting im­ the Government is organized for acquir­ By the Commission. provements in the organization, proce­ ing and utilizing the resources needed for dures, and effectiveness with which the F rancis O. W ilcox, the effective conduct of foreign relations, Executive Director. D-S. Government formulates and imple­ in Washington and at our missions ments National Security Policy, includ­ abroad. Specifically, we would hope that (FR Doc.74-20722 Filed 9-6-74;8:45 am]

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974 32576 NOTICES

DEFENSE MANPOWER services involved. The presentations to emptions were published in the Federal COMMISSION be provided at the briefings will contain R egister on December 3, 1973 (38 fr classified information concerning mili­ 33303). Notice of Meeting tary force structures programmed The European alfalfa beetle is an eco­ Pursuant to the provisions of the Fed­ through 1980, which will contain infor­ nomic plant pest of importance in Europe eral Advisory Committee Act (Public Law mation on proposed personnel plans in on legume forage crops and has been 92-463), notice is hereby given that the the area of personnel requirements, known to reduce alfalfa yields in Europe Commissioners of the Defense Man­ training, utilization, management, and up to 80 percent. The introduction of the power Commission will meet on Septem­ costs which have not yet been approved pest into the United States and the con­ ber 27, 1974, to be briefed by the Marine by the services. firmation of its existence in Bergen Corps. The briefings will be held at 9 These briefings will include, among County, New Jersey is considered a a.m. at a location in the Pentagon to be other things, presentations on the Oper­ threat to alfalfa forage in that State. identified by the briefers. The briefings ational Technical Managerial System, No registered pesticide is available to had originally been scheduled for Au­ Marine Officer Promotions and Acces­ control or eradicate this pest. However, gust 9, 1974, as anounced in the Federal sions, Aviation Warfare Officer Study, carbaryl is registered for the control of R egister oh July 26, 1974. Enlisted Performance, Enlisted Reten­ the-Mexican bean beetle, which is a The Commission was established by tion Program, Marine Aviation Policy, member of the same sub-family, Epi- Pub. L. 93-155 to, among other things, Force Structure, Guerrilla Warfare, and lachininae, as the European alfalfa conduct a comprehensive study and in­ Women Marines. beetle. At the time the infestation was vestigation of the overall manpower re­ The briefings must be held under con­ confirmed, the insect was in the first gen­ quirements of the Department of De­ ditions which are conducive to an un­ eration in the immature state (pupae, fense on both a short and long term basis restricted presentation of information perpupae, and larvae). Because this pest with a view to determining what the and materials while safeguarding classi­ in the adult stage could spread to nonin- manpower requirements are currently fied information. The briefers have in­ fested areas, the time element with re­ and will likely be over the next ten years, formed the Commission that all portions spect to the application of a pesticide was and how manpower can be more effec­ of the briefings will cover information critical. Therefore, the Department of tively utilized in the Department of which is classified and that since classi­ Agriculture availed itself of a crisis Defense. fied information will be integrated exemption, and treatment and eradica­ In carrying out its study and investi­ throughout both the briefings and ques­ tion efforts for this plant pest commenced gation, the Commission has been directed tion-answer periods it would be imprac­ on June 19,1974. to give special consideration to: tical to separate this information for The location of the pest and the site (1) The effectiveness with which ci­ purposes of separate presentations. This of the pesticide application is confined vilian and active duty personnel are complete presentation of all relevant in­ to about one acre in Bergen County in utilized, particularly in headquarters formation on each subject area is a ne­ an isolated area that is removed from staffing and in the number of support cessity if the briefings are to fulfill the public access. No croplands are nearby forces in relation to combat forces; purpose of a thorough indoctrination of and the area is adjacent to a salt marsh­ (2) Whether the pay structure, includ­ the Commission members. land. Two and one-half pounds of car­ ing fringe benefits, is adequate and equi­ Therefore, in accordance with provi­ baryl per acre were applied by qualified table at all levels; sions of section 10 (d) of the Federal Ad­ pesticide applicators with the use of (3) The distribution of -grades within visory Committee Act, it has been deter­ ultra-low volume (ULV) mist sprayers each armed force and the requirements mined by the Director of the Office of and the salt marshland was protected. for advancement in grade; Management and Budget that these In accordance with the regulations (40 (4) The cost effectiveness and man­ briefings fall within Exemption. (1) of 5 CFR 166.8), the Department of Agricul­ power utilization of the United States U.S.C. 552(b), and will not be open to ture is required to submit to the EPA Armed Forces as compared with the the public. certified information concerning the nature and scope of the emergency, in­ armed forces of other countries; Dated: August 28, 1974. (5) Whether the military retirement cluding the pest involved, and the par­ system is consistent with overall Depart­ Paul C. K eenan, Jr., ticulars of the pesticide application. The ment of Defense requirements and is Acting Executive Director. official file concerning this exemption is comparable to civilian retirement plans; [FR Doc.74-20319 Filed 9-6-74;8:45 am] available for inspection in the Office of (6) The methods and techniques used tho Director, Registration Division, EPA, to attract and recruit personnel for the 401 M Street SW., Room 347 East Tower, armed forces, and whether such methods ENVIRONMENTAL PROTECTION Washington, D.C. 20460. and techniques might be improved or AGENCY Dated: September 3, 1974. new and more effective ones utilized; [OPP—180015; FRL 261-2] James L. Agee, (7) The implications for the ability of PESTICIDE CARBARYL the armed forces to fulfill their mission Acting Assistant Administrator as a result of the change in the socio­ Notice of Crisis Exemption fo r W ater and Hazardous Materials. economic composition of military en­ Pursuant to the provisions of the Fed­ listees since the enactment of new re­ eral Insecticide, Fungicide, and Roden- [FR Doc.74-20692 Filed 9-6-74;8:45 am] cruiting policies provided for in Pub. L. ticide Act (FIFRA), as amended (86 Stat. 92-129 and the implications for national 995) and the regulations thereunder (40 [OPP-32000/107; FRL 261-3] policies of this change in the composi­ CFR 166.10) , the Environmental Protec­ tion of the armed forces; and tion Agency (EPA) hereby gives notice NOTICE OF RECEIPT OF APPLICATIONS (8) Such other matters related to man­ of a crisis exemption use of the pesticide FOR PESTICIDE REGISTRATION power as the Commission deems perti­ carbaryl to control the European alfalfa Data To Be Considered in Support of nent to the study and investigation au­ beetle, Subcoccinella 24-punctata (L.), Applications thorized by this title. which has been identified as a new pest On November 19, 1973, the Environ­ Attendant to these responsibilities, sec­ to the United States. The first known mental Protection Agency (EPA) pub­ tion 703(c) of the Act charged the Com­ occurrence of this threat has been con­ lished in the Federal R egister (38 FR mission with the responsibility to “estab­ firmed in Bergen County, New Jersey. 31862) its interim policy with respect to lish appropriate measures to insure the Because of the immediate threat posed the administration of section 3 (c) (1)®) safeguarding of all classified information by the insect, the United States Depart­ of the Federal Insecticide, Fungicide, and submitted to or inspected by it in carry­ ment of Agriculture availed itself of a Rodenticide Act (FIFRA), as amended. ing out its duties * * The briefings crisis exemption under section 18 of the This policy provides that EPA will, upon FIFRA, as amended (86 Stat. 995), and will be informational in nature and con­ receipt of every application for registra­ cerned with a wide variety of topics re­ the regulations thereunder [40 CFR 166.- lating to the manpower systems of the 2 (c)], The regulations concerning ex­ tion, publish in the Federal R egister a

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32577 notice containing the information shown EPA File Symbol 32690-1. Biochemical, Inc., mond CA 94804. ORTHOCIDE HCB 2-2 1353 Ellsworth Ind. Dr., N.W., Atlanta GA FLOW ABLE SEED PROTECTANT. Active below. The labeling furnished by the ap­ 30318. INDUSTRIAL CLEANER/DIS3N - Ingredients: Captan 18%; Hexachloroben- plicant will be available for examination FEC.TANT CLEANER DEODORIZER DIS­ zene 18%. Method of Support: Application at the Environmental Protection Agency, INFECTANT FUNGICIDE. Active Ingredi­ proceeds under 2 (c) of interim policy. Room EB-37, East Tower, 401 M Street ents: n-Alkyl (60% C14, 30% C16, 5% C12, EPA File Symbol 8540-RO. Garratt-Callahan SW., Washington, D.C. 20460. 5% C18) dimethyl benzyl ammonium chlo­ . Co., I ll Rollins Rd., Millbrae CA 94030. By November 8, 1974, any person who rides 0.8%; n-Alkyl (68% C12, 32% C14) . GARRATT-CALLAHAN FORMULA 38. Ac­ (a) is or has been an applicant, (b) be­ dimethyl ethylbenzyl ammonirmi chlorides tive Ingredients: Disodium cyanodithio- O. 8%; Sodium Metasilicate Anhydrous midocarbonate 6.35%; Ethylenediamine lieves that data he developed and sub­ 2.40%; Potassium N-methyldlthiocarba- mitted to EPA on or after October 21, 2.4%; Tetrasodium ethylenediamine tetra­ acetate 1.0%. Method of Support: Applica­ . mate 8.75%. Method of Support: Applica­ 1972, is being used to support an appli­ tion proceeds under 2 (c) of interim policy. tion proceeds under 2 (c) of interim policy. cation described in this notice, (c) de­ EPA File Symbol 30948-RG. Bionomical EPA File Symbol 6175—RN. Hart-Delta, Inc., sires to assert a claim for compensation Chemicals and Services, Inc., 1003 Pine- 5055 Choctaw Dr., Baton Rouge LA 70805. under section 3(c)(1)(D ) for such use ville Rd., Chattanooga TN 37405. DM-310 D-TICK LOTION. Active Ingredients: Pe­ of his data, and (d) wishes to preserve LIQUID WEED KILLER. Active Ingredi­ troleum Distillate 0.86%; N-Octyl bicyclo- his right to have the Administrator ents: Monuron Tichloroacetate (3-(p-chlo- heptene dicarboximlde 0.60%; 2,3:4,5-Bis- rophenyl -1-1 -dimethylurea trichloroace- (2 - butylene )tetrahydfo - 2 - fur aldehyde determine the amount of reasonable 0.50%; Piperonyl butoxide, technical compensation to which he is entitled for tate 1.59%. Method of Support: Applica­ tion proceeds under 2 (c) of interim policy. 0.36%; Pyrethrins 0.18%. Method of Sup­ such use of the data, must notify the Ad­ EPA Reg. No. 106-51. Brulin & Co., Inc., PO port: Application proceeds under 2(c) of ministrator and the applicant named in Box 27O-B, Indianapolis IN 46206. JET-O- interim policy. the notice in the F ederal R egister of his CIDE. Active Ingredients: Orthophenyl- EPA File Symbol 407-GTO. Imperial Inc., drum by certified mail. Notification to the phenol 0.176%; ParatertiaryanylphenOl PO Box 423, Shenandoah, IA 51601. IM- Administrator should be addressed to . 0.044%; Essential Oils 0.300%; Ethanol PERTAL SOD WEBWORM AND BILLBUG the information Coordination Section, 53.460%. Method of Support: Application CONTROL NO. 1 CONTAINS DIAZINON. proceeds under 2 (b) of interim policy. Active Ingredients: 0,0-diethyl 0-(2-isopro- Technical Services Division (WH-569), pyl-6-methyl-4-primidinyl) phosphorothio- Office of Pesticide Programs, 401 M Street EPA Reg. No. 106-60. BruUn & Co., Inc., PO Box 270—B, Indianapolis IN 46206. DISIN­ ate 12.5%; Aromatic Petroleum derivative SW., Washington, D.C. 20460. Every such FECTANT CLEANER # 6. Active Ingredi­ Solvent 73.0%. Method of Support : Appli­ claimant must include, at a minimum, ents: Isopropanol 10.00%; Potassium 4- cation proceeds under 2 (c) of interim the information listed in the interim chloro-2-cyclopentylphenate 4.03%; Potas­ policy. policy of November 19,1973. sium O-phenylphénate 2.76%; Potassium EPA File Symbol 961-GNE. Lebanon Chemi­ Applications submitted under 2(a) or p-tertiary amylphenate 1.11%; Tetrasodi­ cal Corp., PO Box 180, Lebanon PA 17042. 2(b) of the interim policy will be proc­ um ethylene diamine tetraacetate 0.60%. GREENVIEW EXPEL GRANULAR LAWN Method of Support: Application proceeds WEED^ KILLER. Active Ingredients: Iso­ essed to completion in accordance with octyl ester of 2,4-dichlorophenoxyacetic existing procedures. Applications sub­ under 2 (a) of interim policy. EPA File Symbol 10445-RU. Calgon Corp., acid 1.72%; Isooctyl ester of sil vex [2- mitted under 2(c) of the interim policy Calgon Center, PO Box 1346, Pittsburgh (2,4,5-trichlorophenoxy) propionic acid] cannot be made final until the 60 day PA 15230. CALGON B-60 MICROBIOCIDE. 0.83%. Method of Support: Application period has expired. If no claims are re­ Active Ingredients: Didecyl Dimethyl Am­ proceeds under 2 (c) of interim policy. ceived within the 60 day period, the 2(c) monium Chloride 20.0 % ; Isopropyl Alcohol EPA File Symbol 1266-RLT. Malter Interna- application will be processed according to 8.0%. Method of Support: Application pro­ . tional Corp., PO Box 6099, New Orleans LA normal procedure. However, if claims are ceeds under 2 (c) of interim policy. 70114. BYE BYE BUG-II. Active Ingredi­ EPA File Symbol 22521-R. Carrillo & Co., Ave. ents: Petroleum distillates 18.270 %; Essen­ received within the 60 day period, the tial Oils 0.300%; Tetramethrin 0.250%; and applicants against whom the claims are P. D. Corres, Num 6, Santa Barbara, Rio ' Piedras, P.R. 00923. X-22 (INSECTICIDE). related compounds 0.034%; (5-B‘enzyl-3- asserted will be advised of the alterna­ Active Ingredients: Petroleum Oil 98.80%; furyl) methyl 2,2-dimethyl-3-(2-methylpro- tives available under the Act. No claims Piperonil Butoxide 1.00%; Pyrethrins penyl) cyclopropanecarboxylate 0.250%; will be accepted for possible EPA ad­ • 0.20%. Method of Support: Application and related compounds 0.033%. Method of judication which are received after • proceeds under 2 (c) of interim policy. Support: Application proceeds under 2(c) November 8, 1974. , EPA File Symbol 343-EO. Castle Chemical Co., of interim policy. EPA File Symbol 5743-G. Michigan Co., Inc., APPLICATIONS RECEIVED 301 Moster Ave., Savage MN 55378. CAS­ TLE’S SUPERIOR DUSTS 5% SEVIN 6% 400 E. Michigan Ave., Lansing MI 48933. EPA File Symbol 9403-0. Alken-Murray DITHANE M-45, Active Ingredients: Man­ MICHCO INSTANT BOWL CLEANSE. Ac­ ' Corp., I ll Fifth Ave., New York NY 10003. ganese (C4H6N2S4) 0.96%; Ethylene Bis- tive Ingredients: Hydrogen Chloride 21.- ALKEN V—6. Active Ingredients: Disodium dithiocarbamate 3.60%; 1 Napthyl N- 8%; Oxalic Acid 12%. Method of Support: cyanodlthiolmidocarbonate 3.18%; Ethyl­ methylcarbamate (Carbaryl) 5.00%. Meth­ Application proceeds under 2(c) of interim ènediamine 1.20%; Potassium N-methyl- od of Support: Application proceeds un­ policy. dlthlocarbamate 4.37%. Method of Sup-t der 2 (c) of interim policy. EPA File Symbol 8123-AN. Frank, Miller & port: Application, proceeds under 2(b) of EPA File Symbol 343-GN. Castle Chemical Sons, 13831 S. Emerald Ave., Chicago IL interim policy. Co., 301 Moster Ave., Savage IVIN 55378. 60627. AG—INSECTICIDE. Active Ingredi­ EPA File Symbol 34144-E. Andersen Water CASTLE’S SUPERIOR DUSTS 6% DI­ ents: Malathion 57%; Methylated Naph­ Engineering . Co., 843 W. Monroe St., Chi­ THANE M-45. Active Ingredients: Manga­ thalenes 34%. Method of Support: Appli­ cago IL 60607. CHEMITROL ALGAECIDE nese (C4H„N2S4) 0.96%; Ethylene Bis- cation proceeds under 2 (c) of interim N. Active Ingredients: Disodium cyano- ‘ dithiocarbamate Ion 3.60%. Method of policy.. dithiolmidocarbonate 3.18%; Ethylènedi­ Support: Application proceeds under 2 EPA File Symbol 16928-R. Norman Manufac­ amine 1.20%; Potassium N-methyldithio- (c) of interim policy. turing Co., 15780 E. Fourteen Mile Rd., carbamate 4.37. Method o f Support: Appli- EPA File Symbol 29910-1« Castle Chemical Fraser MI 48026. ALGAECIDE XHD. Active cation proceeds under 2 (b) of interim Corp., 830 Grand Blvd., Deer Park NY Ingredients: Poly[oxyethylene(dimethyl- policy. - 11729. CASTACIDE. Active Ingredients: imlnio) ethylene (dimethyliminio) ethylene EPA File Symbol 8959-RT. Applied Biochem­ Pyrethrins 1.00%; Piperonyl Butoxide, dichloride]. 10.0%. Method of Support: Ap­ ists, Inc., 5300 West County Line Rd., 96N, Technical 10.00%; Amorphous Silica Gel plication proceeds under 2 (b) of interim Mequon WI 53092. CHLORTRINE CONCEN­ 40.00%; Petroleum Hydrocarbons 49.00%. policy. TRATED POOL CHLORINE. Active Ingre­ Method of Support: Application proceeds EPA File Symbol 16928-E. Norman Manufac­ dients: Sodium Dlchioro-S-Triazinetrione under 2 (c) of interimpolicy. turing Co. SWIM KING ALGAECIDE Dihydrate 100%. Method of Support: Ap­ EPA File Symbol 15146-RN. Chemwood Corp., CONCENTRATE. Active Ingredients: Poly plication proceeds'under 2 (b) of interim 810 Washington Ave., PO Box 4270, Mem­ [oxyethylene (dimethyliminio) ethylene policy. phis TN 381104. CHEMTOX-7. Active In­ dlchloride] 60.0%. Method of Support: Ap- EPA File Symbol 12455-RR. Bell Laborato­ gredients: Sodium Carbonate 25.6%; Sodi­ : plication proceeds under 2 (b) of interim ries, Inc., PO Box 5133 Madison WI 53705. um Pentachlorophenate 57.1%; Sodium policy. . , “RODENT CAKE” INDOOR OUTDOOR. Ac­ Salts of Other Chlorophenols 7.1%. Method EPA File Symbol 16928-G. Norman Manufac­ tive Ingredients : Warfarin, (3-(Alpha-Ace- of Support: Application proceeds under 2 turing Co. SWIM KING ALGAECIDE. Ac- tonylBenzyl) -4-Hydroxycoumarin 0.025%. (c) of interim policy. . tive Ingredients: Poly [oxyethylene (di­ Method of Support: Application proceeds EPA File Symbol 239-EUEI. Chevroli Chemi­ methyliminio) ethylene (dimethyliminio) under 2(c) of interim policy. cal Co., 940 Hensley St., Ortho Div., Rich- ethylene dichloride] 10.0 %. Method of Sup-

EEDERAL REGISTER, VOL. 39, N O . 175— M O ND AY, SEPTEMBER 9, 1974 32578 NOTICES

port: Application proceeds tinder 2(b) of Method o f Support: Application proceeds lems by Broadcast Applicants,” 27 FCC Interim policy. under 2 (c) of interim policy. 2d 650 (1971) , and the Commission’s re­ EPA File Symbol 11541-1. O’Brien Industries, EPA Pile Symbol 14775-GR. Asgrow Florida cent decision in “Voice of Dixie, Inc.,” Inc.» 513 W. Mount Pleasant Are., Liv­ CO., Subsidiary of the Upjohn Co., PO ingston NJ 07039. O’B ALOE 671. Active Drawer D, Plant City PL 33566. CHLORO- 45 FCC 2d 1027 (1974) , an appropriate Ingredients: PaIy[oxyethylene(dimethyl- PENE 15 SOIL FUNGICIDE AND NEMATI- issue has been included. iminio) ethylene (dimethyliminio) ethylene CIDE. Active Ingredients: 1,3-Dichloropro- 4. Except as indicated by the issues dichloride 15.0%. Method of Support: Ap­ pene and related chlorinated aliphatics specified below, the applicants are quali­ plication proceeds under 2 (b) of interim 85%; Chloropicrin (Trichloronitrometh- fied to construct and operate as proposed. policy. ane) 15%. Method of Support: Application However, since the proposals are mutu­ EPA Pile Sybol 11541-T. O’Brien Industries, proceeds under 2 (c) of interim policy. ally exclusive, they must he designated Inte.,. 513 W. Mount Pleasant Ave., Liv­ EPA Pile Symbol 8772-EG. Blue Cross Chemi­ for hearing in a consolidated proceed­ ingston NJ 07039. O’B ALGE 670. Active cal Div. Zarov Chemical Co., 1301 S. First Ingredients: Poly [oxyethylene( dimethyl­ Ave., Maywood IL 60153. ALGAE-ZAP REG­ ing on the issues specified below. iminio) ethylene (dimethyliminio) ethylene ULAR. Active Ingredients: Foly[oxyethyl- 6. Accordingly, it is ordered, That, pur­ dichloride] 10.0%. Method of Support: Ap­ ene (dimethyliminio) ethylene (dimethyl­ suant to section 309(e) of the Communi­ plication proceeds under 2 (b) of interim iminio) ethylene dichloride) 7.5%. Method cations Act of 1934, as amended, the ap­ policy. of Support: Application proceeds under plications are designated for hearing in EPA Pile Symbol 2217-AEI. PBI-Gordon 2 (b) of interim policy. a consolidated proceeding, at a time and Corp., 300 South 3rd; Kansas City MO Dated: August 31, 1974. place to be specified in a subsequent 66118. METHOXYCHLOR 75 DUST BASE. Order» upon the following issues: Active Ingredients: Methoxychlor Techni­ J ohn B. B itch, Jr., cal 75.0%. Method of Support: Applica­ Director, Registration Division. 1. To determine the efforts made by Pacific tion proceeds under 2 (c) of interim policy. Quadracasting to ascertain, the community EPA Pile Symbol 2217-AEI. PBI-Gordon |FR Doc.74-20691 Filed 9-6-74; 8:45 am) problems of the area to be served, and the Corp., 300 South 3rd, Kansas City MO means by which the applicant proposes to 661 IK METHOXYCHLOR 25 DUST BASE meet these problems. SPECIAL. Active Ingredients: Methoxy­ FEDERAL COMMUNICATIONS 2. To determine which of the proposals chlor Technical 25.0% t Method of Sup­ COMMISSION would, on a comparative basis, better serve port: Application proceeds under 2 (c) of the public interest. [Docket Nos. 20143, 20144; File Nos. 3. To determine, in the light of the evi­ interim policy. BPH-8320, BPH—8498] EPA Pile Symbol 9922-E. Pool & Patio Supply, dence adduced pursuant to the foregoing 11409 West 89th St., Overland Park KS ATLAS BROADCASTING CO. AND issues which, if either, of the applications 66214. HIGH POTENCY ALGAECIDE NP. PACIFIC QUADRACASTING should be granted. Active Ingredients: Poly[oxyethylene(di- Applications for Hearing 6. It is further ordered, That, to avail methyliminio) ethylene (dimethyliminio) themselves of the opportunity to be ethylene dichloride] 60.0%. Method of Sup­ 1. The Chief of the Broadcast Bureau, port: Application proceeds under 2(b) of heard, therapplicants herein, pursuant to interim policy. acting pursuant to delegated authority § 1.221(c) of the Commission’s rides, in EPA Pile Symbol 677-ATT. Chipman Div. of C§ 0.281 of the rules), has under consid­ person or by attorney, shall, within 20 Rhodia Inc., 23 Belmont Dr., Somerset NJ eration the above-captioned applications, days of the mailing of this Order, file 08873. BUTOXONE A SELECTIVE WEED which are mutually exclusive in that the with the Commission in triplicate a writ­ KILLER. Active Ingredients: Dimethyla- applicants seek the same channel in ten appearance stating an intention to mine salt of 4-(2,4-dichlorophenoxy) bu­ Fresno, California. appear on the date fixed for the hearing tyric acid 23.0%. Method of Support: Ap­ 2. An examination of the program­ and present evidence on the issues spec­ plication proceeds under 2 (c) of interim ming proposals is warranted when one policy. ified in this Order. EPA Pile Symbol 538-REA. O. M. Scott & applicant proposes predominantly spe­ 7. It is further ordered, That the appli­ Sons, Marysville CHI 43040. STOP INSECTS cialized programming and the other, gen­ cants herein shall, pursuant to section LIQUID. Active Ingredients: O.O-diethyl eral market programming. Ward L. 311(a) (2) of the Communications Act of O ' - (2-isopropyl-6-methyl-4-pyrimidinyl) Jones, FCC 67-82(1967);“Policy State­ 1934, as amended, and § 1.594 erf the Com­ phosphorothioate 12.50%. Method of Sup­ ment on Comparative Broadcast Hear­ mission’s rules, give notice of the hearing, port: Application' proceeds under 2(c) of ings,” 1 FCC 2d 393, footnote 9 at 397 either individually or, if feasible and Interim policy. (1965). In this case, Atlas Broadcasting consistent with the rules, jointly, within EPA Pile Symbol 3282-UB. The d-Con CO., Inc., Subsidiary of Sterling Drug Inc., 90 Company proposes 84 hours per week the time and in the manner prescribed in Park Ave., New York NY 10016. d-CON Spanish-language and music program­ such rule, and shall advise the Commis­ PROFESSIONAL FORMULA TREE & ming oriented toward the Mexican- sion of the publication of such notice as SHRUB INSECT KILLER. Active Ingre­ American segment of the population and required by I L594(g) of the rules. dients: Pyrenthrins 0.056%; Rotenone 35 additional hours per week English Adopted: August 27,1974. 0.024%; Other cube resins 0.048%; Meth­ programming (scheduled for 1 p.m. to oxychlor, technical 0.500%; Petroleum dis­ 6 p.m. daily) which will be oriented to­ Released: September 3, 1974. tillate 10.280%. Method of Support: Ap­ wards the Black segment of the commu­ F ederal Communications plication proceeds under 2 (c) of interim nity. Affiliation with the Mutual Black policy. Commission, EPA Pile Symbol 3282-UR. The d-Con Co., Network is proposed. Pacific Quadracast­ EsealI W allace E. Johnson, Inc., Subsidiary of Sterling Drug Inc. D- ing proposes general market program­ Chief, Broadcast Bureau. ming. Therefore, the relative need for CON PROFESSIONAL FORMULA ANT & [FB Doc.74-20726 Filed a-6-74;8:45 am) ROACH h t t .t .f r Active Ingredients: Py- programming of the applicants may be rethrins 0.30%; Plperonyl butoxide techni­ compared under the standard compara­ cal 0.60%; N-octyl bicycloheptene dicar- tive issue. [Docket Nos. 19897, 19898, 19900, 19901; Fite boximide 1.00%; Petroleum distillate 3. In the community-leader portion of Nos. BP-19073» BP-19201, BP-19203, BP- 95.10%. Method of Support: Application 19204] proceeds under (c) of interim policy. iter ascertainment of community problems 2 and needs, Pacific Quadracasting failed EPA Pile Symbol 3282-UN. The d-Con Cot, CAVALLARO BROADCASTING CORP. Ttw„ Subsidiary of Sterling Drug Inc. D- to give sufficient data concerning the E T AL. CON PROFESSIONAL FORMULA FLYING Fresno business, educational, and re­ ligious organizations within the com­ Memorandum Opinion and O rder Regard­ INSECT KILLER. Active Ingredients: Py- ing Construction Permits; Enlarging TPt.hrins 0.50%; Plperonyl Butoxide, tech­ munity. Further, the applicant appar­ Issues nical 1 .00%; N-octyl bicycloheptene dicar- ently failed to contact any leaders of the boximide 1.00%; Petroleum distillate following groups: labor unions, religion, By the Review Board?: 2.00%. Method, of Support: Application and industry. In addition, we can find 1. This proceeding involves the above- proceeds under 2 (c) of interim policy. n o leaders listed as representatives of the :aptioned mutually exclusive applica.” EPA 14775^-GN. Asgrow Florida Co., Subsidi­ Mexican-American or Black communi­ ions. Each seeks an authorization to ary of the. Upjohn Go.» PO Drawer D> Plant onstruct a new standard b r o a d c a st sta- City PL 33566. PARATKLQN E. Active In­ ties. In view of the requirements of ques­ 8 lon in its respective c o m m u n ity to gredients; Parathlon (O.O-diethyl O-p- tion and answer 11(a) of the “Primer on nitrophenyl phosphorothioate) 78.7%« the Ascertainment of Community Prob­ perate on 1030 kHz. By C om m ission

FEDERAL REGISTER, V O t. 39> N O . 175— M ONDAY, SEPTEMBER 9, M W NOTICES 32579

Memorandum Opinion and Order, 44 clearly designed to establish a dialogue ing. Therefore, we believe a Suburban FCC 922, released December 27, 1973, with the community. Thus, Vieques issue is warranted. Initially, in light of these applications were designated for Radio alleges that its president and his Vieques Radio’s failure to submit a com­ consolidated hearing on various issues. associates personally consulted with plete demographic profile indicating the Presently before the Review Board is a over 1,000 Viequeans and listed 374 of composition of the community it proposes petition to add issues, filed January 22, these interviewees, identifying them by to serve, it has not been possible for the 1974, by Cavallaro Broadcasting Cor­ name and background. It is alleged that Board to determine that the leaders con­ poration (Cavallaro), seeking the ad­ a tabulation of these interviewees indi­ tacted by the applicant are representa­ dition of ascertainment, legal qualifi­ cates that people from almost every seg­ tive of the community. See Jerry cation, and § 1.580(f) (1) issues against ment of the population were interviewed. Lawrence, FCC 74R-288, released August Vieques Radio Corporation (Vieques Additionally, Vieques Radio observes 13, 1974; Robert Cowan Wagner, 38 FCC Radio) ,1 that its vice-president held various meet­ 2d 403, 25 RR 2d 1095 (1972). Other than ings for the purpose of airing problems general statements indicating several A scertainment Issue and that several letters, written by com­ factors which allegedly make the Island 2. Cavallaro alleges that Vieques Ra­ munity leaders to the Commission, docu­ of Vieques unique, the application is al­ dio’s Suburban showing is deficient in ment its assertions regarding these meet­ most devoid of data providing a break­ at least four significant respects. First, ings. In response to the allegation that it down of the population, economic activ­ Cavallaro alleges that Vieques Radio’s solicited program preferences rather ities, governmental structure and cul­ initial general public survey was con­ than information to identify community tural and other significant organizations. ducted to solicit program preferences problems, Vieques Radio argues that its Moreover, although Vieques Radio claims and gain support for its application application and an amendment filed on that 90% of the community is racially within the community rather than to September 11, 1972, identified numerous and ethnically homogenous, the appli­ ascertain community problems. Caval­ problems. Vieques Radio also argues that cant has failed to submit any data re­ laro also argues that, whereas Vieques at long as problems are sought out and garding the other 10 percent of the pop­ Radio also conducted “various meetings” received, neither the discussion of the ulation of Vieques.4 with members of the public, informa­ potential of a radio station to alleviate The applicant also failed to identify tion with regard to these meetings is community problems, nor requests for who conducted its community leader sur­ lacking as to how, when, and by whom program preferences, are disqualifying. vey in accordance with Primer, Q. & A. the general public was polled; the num­ Turning to Cavallaro’s allegation that an 11(a). And, although it did identify the ber of contacts made; and whether a insufficient number of female com­ principal conducting the “meetings” with cross-section of the community was in­ munity leaders were interviewed, Vieques members of the community, in the ab­ terviewed. Second, petitioner asserts Radio argues that it cannot be faulted if sence of specific detail as to these meet­ that only two of twenty-eight commu­ the results of its survey indicate that the ings, these contacts cannot be relied nity leaders interviewed by Vieques community leaders of Vieques are pre­ upon. Finally, although Vieques Radio Radio were women and that neither of dominantly men. In addition, Vieques disclaims any intention to serve those the two has been shown to be a leader Radio argues that three of the 28 leaders areas its signal will reach beyond the of the community or of any community it interviewed were women, not two as Island of Vieques, its concession that it group. Cavallaro also argues that Vieques petitioner alleges. In response to the will serve foriner residents of Vieques now Radio’s Suburban showing is deficient allegation that it failed to consult lead­ living and working in the Virgin Islands, in that, while 99,150 persons reside ers in outlying areas to which program­ leads us to conclude that the applicant within the proposed 5 mv/m contour, ming is proposed, Vieques Radio argues should have surveyed at least the leaders Vieques Radio has limited its ascertain­ that they are adequately served by exist­ of that particular segment of the popu­ ment efforts to the island of Vieques ing stations, except that they do have a lation of the Virgin Islands. Cf. Tung (population 7,767). In this regard, Ca­ need for information about events on Broadcasting Co., 33 FCC 2d 1145, 23 RR vallaro asserts that Vieques Radiò has Vieques. This need, it is argued, stems 2d 1185 (1972) . In our view, it cannot not described its outlying service areas, from the fact that a large number of be assumed that these former residents and has consulted with but one non­ Viequeans have migrated to St. Croix and of Vieques will share the needs of the resident of Vieques. Moreover, petitioner now live and work in the Virgin Islands. present inhabitants of that island. More­ argues that, notwithstanding a dis­ Consequently, Vieques Radio alleges, the over, the applicant has failed to submit claimer of service to these areas, programs with the words “Virgin Is­ information regarding major communi­ Vieques Radio proposes substantial pro­ lands” in their title are not designed to ties in its service area and specific rea­ gramming devoted to the Virgin Is­ serve the Virgin Islands, but only the sons for not serving them.® See Prim er, lands. Finally, Cavallaro argues that many Viequans who live and work there. Q. & A. 6; compare “ Gilroy Broadcast­ Vieques Radio has not adequately de­ In regard to Cavallaro’s final allegation, ing Company, Inc.,” 41 FCC 2d 20, 27 Vieques Radio argues that its application scribed programs which it proposes to RR 2d 1034 (1973). meet community needs and no correla­ provides an adequate explanation of tion between ascertained needs and what specific programs are designed to Legal Competence meet problems which have been dis­ programs proposed has been set forth covered.8 5. The second issue that Cavallaro re­ as required by the “Primer on Ascer­ 4. The Review Board is of the viewquests deals with Vieques Radio’s legal tainment of Community Problems by qualifications to hold a station license. In Broadcast Applicants (Primer) 27 FCC that several of Cavallaro’s allegations 2d 650, 21 RR 2d 1507 (1971), (Q. & A. raise substantial questions as to the ade­ support of this request, Cavallaro alleges 29). quacy of Vieques Radio’s Suburban show- that Vieques Radio has failed to demon­ 3. In opposition, Vieques Radio first strate its compliance with section 310(a) Provides a lengthy description of the 2 The applicant states that Vieques is an (4) of the Communications Act of 1934, unique nature and size of Vieques, island located 18 miles southeast of the Puerto Rican mainland: The island is ap­ Puerto Rico.2 The applicant then asserts proximately 50 square miles in area. The U.S. * Although we agree with Vieques Radio that when considered in this unusual Navy controls 71 percent of the island and that petitioner has not shown specific wom­ context, its ascertainment efforts were the remaining 29 percent is the only in­ en’s organizations or female leaders who habited area. There is only one major popu­ were overlooked, because of the deficient lation center, Isabel Segunda, where ap­ demographic information submitted, we can­ ‘ The Board also has before It for con­ proximately 5,000 of the Island’s 7,800 per­ not conclude that this presumptively signifi­ sideration the following related pleadings: sons reside. Vieques has no newspapers and cant portion of the community was ade­ (a) opposition, filed February 4, 1974, by newspapers from other areas are not avail­ quately surveyed. Vieques Radio; (b) comments, filed able to the public at newsstands. Communi­ 6 We do not, however, find that the Inci­ March 4, 1974, by the Broadcast Bureau; cation is had by word of mouth and loud­ dental elicitation of program tastes together (c) letter, filed March 22, 1974, by Caval­ speakers mounted on cars. with community needs Is a deficiency or that laro; (d) reply to opposition and comments, 8 The Broadcast Bureau also opposes addi­ the allegations regarding description of pro­ Wed April 11, 1974, by Cavallaro. tion of the requested ascertainment issue. grams and correlation to needs are borne out.

FEDERAL REGISTER, VOL. 39, NO. 175— MONDAY, SEPTEMBER 9, 1974 No. 175------7 32580 NOTICES as amended,6 since no information has asserts that the notice did not seek to FEDERAL ENERGY ADMINISTRATION been furnished concerning the citizen­ apprise the public of transfer of control, WHOLESALE PETROLEUM ADVISORY ship of two of Vieques Radio’s sub­ that the amendment as published was COMMITTEE scribers, Raphael S. Carillo and Israel adequate to inform the public of Vieques Delgado Ramos, whose combined in­ Radio’s filing, and that it was in sub­ Notice of Meeting terests allegedly comprise over 30 per­ stantial compliance with the require­ Pursuant to the provisions of the Fed­ cent of Vieques Radio stock issued or sub­ ments of § 1.580(f) (1). Additionally, eral Advisory Committee Act (Pub. L. scribed. In opposition, Vieques Radio Vieques Radio alleges that Mr. Carillo 92-463, 86 Stat. 770), notice is hereby states that it has been “informed in­ was previously identified as a minority given that the Wholesale Petroleum Ad­ formally that both Raphael S. Carillo stockholder in the original application. visory Committee will meet Monday, Sep­ and Israel Delgado Ramos are citizens”, Finally, Vieques Radio submits that the tember 23, 1974, at 9 a.m. in the Garden and that Mr. Carillo is a naturalized citi­ omission of Mr. Carillo’s name as a sub­ Lounge, Del Webb Towne House Hotel, zen. Specific data as to Mr. Carillo’s scriber of 15,000 out of 146,500 shares, 8th & Market Streets, San Francisco, naturalization is provided. not 81,500 as alleged by Cavallaro, was California. 6. The Board will add the requested inadvertent and does not raise a signifi­ The Committee was established to ad­ legal qualifications issue. Question 7, cant question as to its qualifications to vise the Administrator, Federal Energy Section II of Form 301 requests informa­ be a Commission licensee. Administration, with expert and techni­ tion for any party to this application who 8. The Review Board will add the re­ cal advice concerning the wholesale trade claims citizenship by reason of natural­ quested issue. It is well established that of selling heating oil, residual fuel, and ization. Since Vieques Radio has not pro­ an amendment proposing a change in gasoline. vided this information with regard to frequency is a major amendment of an The agenda for the meeting is as Raphael S. Carillo and Israel Delgado application which requires publication in follows: Ramos, we cannot conclude that “ an accordance with § 1.580 of the Commis­ I. Old Business. affirmative showing of citizenship to at sion’s rules. See § 1.571(b) of the Com­ A. Review and Discussion of Prob­ least a reasonable degree” has been made. mission’s rules; and “Lauderdale Broad­ lems Concerning Allocation and “Kentucky Broadcast Corp., 6 FCC 776, cast, Inc.” 20 FCC 2d 498, 17 RR 2d 1004 Pricing of no lead gasoline. 778 (1939). Furthermore, the “informal” (1969). In addition, it appears that at B. Comments on Market Share Situ­ ation. information which Vieques Radio pro­ the time of the amendment in question, Carillo had subscribed to 18 percent of C. Committee Reorganization. vides in its opposition does not comport Vieques Radio’s outstanding stock; thus, II. New Business. with the support or specificity require­ A. Discussion of Allowable Margins. his name was required in the publication. B. Discussion of Antifreeze Availa­ ments of § 1.229(c) of the Commission’s However, we have no reason to doubt bility. rules. Therefore, the issues must be en­ Vieques Radio’s claim of inadvertence, C. Review of Two-Tier Crude Oil larged to provide the applicant the op­ and in light of this fact and the fact that Pricing System. D. Discussion of Deallocation of portunity to develop the necessary facts this isolated incident took place over two years ago, we will add the issue on a Fuels. on the record.7 comparative basis only. E. Discussion of Class of Trade Allo­ cation System. S ection 1.580(f) (1) 9. Accordingly, it is ordered, That the F. Review of Proposed Regulations. petition to add issues, filed January 22, 7. Cavallaro also requests an issue to G. Remarks from the Floor (10 min­ 1974, by Cavallaro Broadcasting Cor­ ute rule). determine whether Vieques Radio has poration, is granted to the extent indi­ failed to give proper public notice of a cated herein, and is denied in all other The meeting is open to the public; proposed frequency change as required respects; and however, space and facilities are limited. 10. It is further ordered, That the is­ The Chairman of the Committee is by § 1.580(f) (1) of the Commission’s empowered to conduct the meeting in a rules.8 sues in this proceeding are enlarged by the addition of the following issues: fashion that will, in his judgment, fa­ Petitioner asserts that Vieques Radio did cilitate the orderly conduct of business. (a) To determine the efforts made by Any member of the public who wishes to not comply with the requirements of Vieques Radio Corporation to ascertain file a written statement with the Com­ § 1.580(f) (1), since its July, 1972 notice the community needs and interests of the mittee will be permitted to do so, either area to be served by its proposed station neglected to name Mr. Carillo, although before or after the meeting. Members of he had subscription rights to 15,000 or and the means by which the applicant the public who wish to make oral state­ proposes to meet those needs and ments should inform Ms. Lois Weeks, 18 percent of the 81,500 shares then interests. issued or subscribed. In opposition, Advisory Committee Management Office, (b) To determine whether a grant of (202) 961-7022 at least 5 days before Vieques Radio concedes that it" failed to the application of Vieques Radio Cor­ the meeting and reasonable provision publish Mr. Carillo’s name. However, it poration would be consistent with the will be made for their appearance on the provisions of section 310(a) (4) of agenda. 0 Section 310(a) (4) of the Communications the Communications Act of 1934, as Further information concerning this Act provides: - amended. meeting may be obtained from the Ad­ (a) The station license required hereby (c) To determine whether the ap­ visory Committee Management Office. shall not be granted or held by— plicant has violated § 1.580(f) (1) of the Minutes of the meeting will be made (4) Any corporation of which any officer available for public inspection at the Fed­ or director is an alien or of which more than Commission’s rules g,nd, if so, to deter­ one-fifth of the capital stock is owned of mine the effect thereof upon the ap­ eral Energy Administration, Washing­ record or voted by aliens or their representa­ plicant’s comparative qualifications to be ton, D.C. tives or by a foreign government or repre­ a Commission licensee. Issued at Washington, D.C. on Sep­ sentative thereof or by any corporation orga­ tember 3,1974. nized under the laws of a foreign country; 11. Jf is further ordered, That the 7 Should the evidence adduced at hearing burden of proceeding with the introduc­ R obert E. M ontgomery, Jr., General Counsel. under this issue raise a substantial question tion of evidence and the burden of proof as to the applicant’s compliance with [FR Doc.74-20688 Filed 9- 6- 74;8:45 am] §§ 1.514 or 1.65, we would at that time enter­ under issues (a) and (b) added herein tain an appropriately filed petition to en­ shall be on Vieques Radio Corporation. large. FEDERAL POWER COMMISSION 8 Section 1.580(f)(1) of the Commission’s Adopted: August 27,1974. [Docket No. RP73-108] rules provides, inter alia, that: Released: August 29,1974. (f) The notice required * * * shall con­ PANHANDLE EASTERN PIPE LINÉ CO. tain the following information, * * * F ederal C ommunications Order Approving Rate Settlement (1) * * * the names of those persons Commission, holding 10 percent or more of the capital [ seal] V incent J. M ullins, A ugust 30, 1974. stock or other ownership interest if the ap­ Secretary. plicant is a corporation or an unincorporated On August 1, 1974, the Presiding Ad­ association. [FR Doc.74-20727 Filed 9-6-74;8:45 am] ministrative Law Judge certified to tne

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32581

Commission for approval a proposed set­ no further revision shall be made to Pan­ service adjusted for an increase in com­ tlement agreement in the above-entitled handle’s depreciation rates prior to modity rates of 2.35 cents per Mcf rep­ proceeding. If approved, the settlement January 1,1977. resenting increased purchased gas costs agreement would resolve all issues in this (4) Article V provides for an “Advance which become effective February 1, 1974, proceeding. The proposed settlement Payment Tracker” to be reflected in the in Docket No. RP73-36. Rates for the pe­ rates would result in a reduction of ap­ commodity charges of Panhandle’s two- riod May 1, 1974, to August 1, 1974, are proximately $16.7 million annually in part rates and in its one-part rates. Ad­ based on a total company cost of service Panhandle’s presently effective rates. vance payments for gas totaling $22,136,- of approximately $339 million (Appendix This proceeding involves a general rate 832 are included in the settlement cost of A). This cost of service reflects the in­ increase application filed by Panhandle service fate base. The cost of service ef­ clusion of $3.17 million of increased wage on May 15, 1973, for jurisdictional natu­ fect of advance payment changes from expenses which became effective on ral gas sales and services of $36.9 million the established advance payment base May 1 and May 6, 1974. Rates for the annually based on estimated costs and will be computed by applying a return period from and after Aug. 1, 1974, are sales for the 12-month period ending and income tax factor of 12.97 percent based on a total company cost of serv­ January 31, 1973, as adjusted. By Com­ times the change in the advance pay­ ice of approximately $354.7 million (Ap­ mission order issued June 28, 1973, the ment base. The Commission is not pre­ pendix A>. This cost of service reflects proposed increase was suspended for the cluded from suspending rate increases the further inclusion of $15.7 million of maximum statutory period of 5 months, related to advance payments and allow­ costs associated with the construction following which the increased rates be­ ing such rate changes to be made effec­ and operation of Panhandle’s Denver - came effective on December 1, 1973, sub- tive subject to refund. Julesburg Basin gas supply project cer­ ject to refund. (5) A rticle VI describes the manner tificated by the Commission in Docket Commencing on March 14, 1974, and in which any changes in Federal Income No. CP 72-181. Inclusion of the Denver- continuing intermittently until July 29, tax rates or imposition of new Federal Julesburg costs was contingent upon the 1974, conferences were held between and Income taxes will be reflected in Pan­ project being placed in service prior to among the parties to the proceeding. The handle’s rates. If any such changes November 1, 1974. On August 1, 1974, subject settlement agreement is the result occur, the commodity component of its Panhandle notified the Commission that of these conferences. The proposed set­ two-part rates and its one-part rates will the subject facilities had been com­ tlement agreement was received as a part be increased or decreased, as the case pleted and placed in service. of the record on July 29, 1974, and was may be, by $0.0015 per Mcf for each 1 In addition, the August 1 rates include certified to the Commission, together percent by which the new effective tax additional increased purchased gas costs with the entire hearing record relating rate is more or less than 48 percent. of 3.79 cents per Mcf which became ef­ thereto, on August 1,1974. At the July 29, (6) Article VII provides for a mora­ fective on August 2, 1974, in Docket No. 1974, prehearing conference; all parties torium on rate increases until Novem­ RP73-36. in attendance were provided the oppor­ ber 1,1975, except for increases to reflect The settlement costs of service include tunity to state their positions with re­ adjustments for purchased gas costs, ad­ a return on Panhandle’s net investment spect to the proposed settlement. All par­ vance payments, and federal income tax rate base of 8.31 percent resulting in an ties commenting either supported the rates. This article provides, however, that allowance of 11.75 percent on common settlement or took no position on it. No the moratorium shall not preclude Pan­ equity. The settlement capitalization and party opposed the settlement. Public no­ handle from proposing a research and rate of return components are shown in tice of the settlement was issued on Au­ development provision pursuant to Appendix B hereto. We find the settle­ gust 14, 1975, providing for comments to Order No. 483 in Docket No. R-462, and ment costs of service, rate of return, and be filed on or before August 21, 1974. No to implement such provision if approved resulting rates to be reasonable and in additional comments have been received by the Commission. the public interest, and they are hereby in response to the notice. The principal (7) A rticle VIII incorporates certain approved. provisions of the settlement agreement procedural conditions and provides for Based on our review of the proposed may be summarized as follows: waiver of the Commission’s regulations settlement agreement, the entire record (1) Article I is an introductory state­ if required to permit the settlement terms relating thereto, and the comments of ment of the formal proceedings and set­ and provisions to become effective as the parties, we find that the settlement tlement conferences in the subject doc­ proposed. agreement represents a reasonable res­ ket. Article II is a. statement of the In addition, the settlement agreement olution of the issues in this proceeding settlement rates, referenced to the appro­ incorporates certain proposed tariff in the public interest, and that accord­ priate appendices, for the several time sheets1 pursuant to which Panhandle ingly it should be approved. However, periods in which various rate changes would apply a demand charge adjust­ that portion of Panhandle’s rates repre­ occur as a result of PGA filings by Pan­ ment in the form of a commodity sur­ sented by its most recent PGA increase in handle and for a major increase in Pan­ charge in computing charges to its cus­ Docket No. RP73-36 should be made ef­ handle’s employees salaries and wages. tomers. The proposed demand charge fective on August 2, 1974, rather than This article, and the appropriate appen­ adjustment will allow Panhandle’s dis­ August 1 as contemplated by the settle­ dices, set forth both the rates upon which tributor customers to recover increased ment agreement. refunds will be computed, as well as the costs of gas purchased by them during The Commission finds: The settlement rates which will be applied prospectively. periods of curtailment in deliveries by of this proceeding on the basis of the set­ Refunded amounts will include interest Panhandle. Panhandle’s ability to re­ tlement agreement certified by the Pre­ computed at 7 percent per annum for cover its proper level of revenues siding Judge on August 1, 1974, is rea­ the period from date of payment to the will not be affected. The proposed tariff sonable and proper and in the public date of refund. sheets are attached to the settlement interest in carrying out the provisions of (2) Article III sets forth the agreed-to agreement as Appendix G (b). the Natural Gas Act, and such agreement jurisdictional cost of service, jurisdic­ should be approved as hereinafter tional demand units and sales volumes, The settlement incorporates rates ap­ ordered. and total system sales volumes, which plicable to four separate time periods. The Commission orders: (A) The set­ are reflected in the rates applicable to Rates for the period December 1, 1973, tlement agreement certified by the Pre­ prospective jurisdictional sales. to February 1, 1974, are based on a total siding Judge on August 1, 1974, is in­ (3) Article IV provides for a revision in company cost of service of $335.8 million, corporated by reference and made a part Panhandle’s depreciation rates from the as set forth in Appendix A hereto. Rates hereof, and is approved and adopted. previously Commission approved com­ for the period Febraury 1,1974, to May 1, 1974, are based on the previous cost of (B) Within 30 days from the date of posite rate of 3.5 percent to new depre­ this order, Panhandle shall file with the ciation rates of 4 percent for transmis­ Commission revised tariff sheets in con­ sion property, 8 percent for gathering 1 Interim Original Tariff Sheets 42-C.l and Property, and 3.5 percent for storage 42-C.2, to Panhandle’s FPC Gas Tariff, Orig­ formity with the terms of the settlement Property. This article also provides that inal Volume No. 1. agreement.

FEDERAL REGISTER, VOL. 39, NO. 175— MONDAY; SEPTEMBER 9, 1974 32582 NOTICES

(C) That portion of Panhandle’s rates its staff, Panhandle, or by any other sional, Evinger,- State and local agen­ which represent the increased cost of party or person affected by this order cies. purchased gas as filed by Panhandle on in any proceedings now pending or here­ June 14, 1974, shall become effective on P hillip D. Larsen, after instituted by or against Panhandle Budget and Management Officer. August 2, 1974, rather than August 1, in or any other person or party. accordance with the Commission’s order [FR Doc. 74-20764 Filed 9-6-74;8:45 am] of July 31, 1974, in Docket No. RP73-36. (E) The Secretary shall cause the (D) This order is without prejudice prompt publication of this order in the ' PENNSYLVANIA AVENUE F ederal R egister. to any findings or orders which have DEVELOPMENT CORPORATION been made or which may hereafter be By the Commission. made, by the Commission, and is without COMMUNITY ADVISORY GROUP prejudice to any claims or contentions [seal] K enneth F. P lumb, Notice of Meeting which may be made by the Commission, Secretary. Pursuant to the provisions of section A p p e n d ix A .—Panhandle Eastern Pipe Line Company Docket No. RP7S-108 10 of Pub. L. 92-463, effective January 5, Settlement Costs of Service 1973/notice is hereby given that a meet­ ing of the Community Advisory Group Item . December 1,1973 May 1,1974 August 1,1974 will be held on Thursday, September 19, Operation and maintenance...... $235,461,633 $238,579,536 $251,465,167 1974 at 2 p.m. Depreciation and amortization...... 32,587,643 32,587,643 34,771,963 The meeting will be held in the confer­ Other gas revenues—credit______,______...... (8,021,125) (8,021,125) (12,603,813) Return (8.31 percent)...... 37,637,945 37,670,332 40,164,168 ence room of the Pennsylvania Avenue Taxes—Federal income...... 25,081,289 25,099,726 27,141,434 Development Corporation, Suite 1148 of State income____ ;...... 1,946,268 1,947,804 1,970,906 Other...... ______11,115,210 11,115,210 11,753,878 the Pennsylvania Building, 425 13th Street Northwest, Washington, D.C. Total cost of service...... ______335,808,863 338,979,126 354,663,703 The purpose of the meeting will be to present a progress report and review of A p p e n d ix B.—Panhandle Eastern Pipe Line Company the unofficial Pennsylvania Avenue Plan Capitalization and Bate of Beturn, January 31,1974, Docket No. BP73-108 1974 as proposed. Potential landscape Line Weighted schemes as developed by the Corpora­ No. Amount Ratio Cost return tion’s consultants for the Avenue will Percent Percent ' Percent also be discussed. i . . Long term debt...... $324,277,000 57.14 6.38 3.65 The meeting will be open to the public . Preferred Stock______...... 37,821,000 6.66 6.88 0.46 3______Accumulated deferred income tax ...... 2,428,082 0.43 0.00 0.00 to the extent that space and facilities 4 ™ ...... Common equity...... 203,010,116 35.77 11.75 4.20 will permit. 5 - ...... $567,536,198 100.00 8.31 For further information call Ms. Katherine Gresham, Urban Planner, [FR Doc.74-20651 Filed 9-6-74;8:45 am] Pennsylvania Avenue Development Cor­ poration, Washington, D.C. Area code OFFICE OF MANAGEMENT AND DEPARTMENT OF HOUSING AND URBAN 202/343-9423. BUDGET DEVELOPMENT P eter T. M eszoly, General Counsel. CLEARANCE OF REPORTS Departmental : Prototype Evaluation for the Basic Homes Program, Form—, [FR Doc.74—20738 Filed 9-6-74;8:45 am] List of Requests Single time, CVAD, Individuals. The following is a list of requests for NATIONAL SCIENCE FOUNDATION OWNERS AND TEN AN TS ADVISORY clearance of reports intended for use in BOARD collecting information from the public The General Public and Community received by the Office of Management Leaders View the Revenue-Sharing Notice of Meeting and Budget on September 4, 1974 (44 Program, Form 51259A, 51259B, Single Pursuant to the provisions of section USC 3509). The purpose of publishing time, Ellett/Wann, General public and 10 of Pub. L. 92-463, effective January 5, this list in the F ederal R egister is to in­ community leaders. 1973, notice is hereby given that a meet­ form the public. Sewerage Facilities Planning Question­ ing of the Owners and Tenants Advisory The list includes the title of each re­ naire Water Facilities, Planning Ques­ Board will be held on Wednesday, Sep­ quest received; the name of the agency tionnaire, Form—, Single time, Ellett, tember 18, 1974 at 2 p.m. sponsoring the proposed collection of Public works Directors of cities with The meeting will be held in the confer­ information; the agency form number, 25,000-100,000 pop. ence room of the Pennsylvania Avenue if applicable; the frequency with which Development Corporation, Suite 1148 of the information is proposed to be- col­ DEPARTMENT OF TRANSPORTATION the Pennsylvania Building, 425 13th lected; the name of the reviewer or re­ National Highway Traffic Safety Admin­ Street Northwest, Washington, D.C. viewing division within OMB, and an in­ istration: General Requirements of the The purpose of the meeting will be to dication of who will be the respondents Federal Motor Vehicle Standards, present a progress report and review of to the proposed collection. Form HS 189, Occasional, Lowry, Im­ the unofficial Pennsylvania Avenue Plan The symbol (x) identifies proposals porters of nonconforming vehicles. 1974 as proposed. Potential landscape which appear to raise no significant is­ schemes as developed by the Corpora­ sues, and are to be approved after brief DEPARTMENT OF TRANSPORTATION tion’s consultants for the Avenue will notice through this release. Departmental : Boston SMSA Manu­ also be discussed. Further information about the items facturers Space Use Survey, Form----- , The meeting will be open to the public on this Daily List may be obtained from Single time, Strasser/Ellett/Sunder- to the extent that space and facilities the Clearance Office, Office of Manage­ hauf, Manufacturers in greater Boston will permit. ment and Budget, Washington, D.C., area. For further information call Ms. 20503 (202-395-4529). R evisions Katherine Gresham, Urban Planner, None New F orms Pennsylvania Avenue Development Cor­ Extensions DEPARTMENT OP AGRICULTURE poration, Washington, D.C. Area code DEPARTMENT OF AGRICULTURE 202/343-9423. Forest Service: Selway Bitterroot Wil­ P eter T. M eszoly, derness Use Study, Form —, Annual, Food and Nutrition Service: Regula- General Counsel. Planchón, Visitor groups in Selway tions-Food Stamp Program and Dis­ Bitterroot Wilderness in Mont. aster Procedures, F o r m ___ , Occa­ [FR Doc.74-20739 Filed 9-6-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32583 SECURITIES AND EXCHANGE trading day depending on whether the Miller P. Holmes, Delta National Bank, P.O. COMMISSION stated conditions were met as of the Box 750, Yazoo City, Mississippi, Director. previous close, without the need for any Thomas J. Long, 2605 13th Street, Gulf BOSTON STOCK EXCHANGE action or notice by the Exchange. South Building, Gulfport, Mississippi, The proposed amendment will become Chairman of the Board of Directors, Di­ Application for Unlisted Trading Privileges rector. and of Opportunity for Hearing effective upon the 30th day after this notice appears in the F ederal R egister, Kent E. Lovelace, Jr., 2500 14th Street, A ugust 30,1974. or upon such earlier date as the Commis­ Gulfport, Mississippi, Director. The above named national securities Lewis F. Mallory, Jr., National Bank of Mis­ sion may allow unless the Commission sissippi, P.O. Drawer 391, Starkville, Missis­ exchange has filed an application with shall disapprove the change in whole or sippi, Director. the Securities and Exchange Commis­ in part as being inconsistent with the Frank Oakes, P.O. Box 83, McComb, Missis­ sion pursuant to section 12(f) (1) (B) of public interest or the protection of in­ sippi, Director.' the Securities Exchange Act of 1934 and vestors. Harry D. Owen, 202 East Pearl Street, Jack- Rule 12f-l thereunder, for unlisted trad­ All interested persons are invited to son, Mississippi, Director. ing privileges in the common stock of the submit their views and comments on the Jerry Owens, 300 Katie Avenue, Hattiesburg, following company, which security is Mississippi, Director. proposed amendment to CBOE’s plan Thomas C. Parry, P.O. Box 388, Yazoo City, listed and registered on one or more other either before or after it has bécome ef­ Mississippi, Director. national securities exchange : fective. Written statements of views and Herman Pride, 1072 Lynch Street, Jackson, MAREMONT CORPORATION (DELAWARE) ; FILE NO. comments should be addressed to the Mississippi, Vice President, Director. 7—4645 Secretary, Securities and Exchange The company will begin operations Upon receipt of a request, on or before Commission, 500 North Capitol Street, with private capital of approximately September 14, 1974, from any interested Washington, D.C. 20549. Reference $1.5 million. No concentration in any person, the Commission will determine should be made to file number 10-54. particular industry is planned. The appli­ whether the application shall be set down The proposed amendment is, and all such cant intends to make investments in for hearing. Any such request should comments will be, available for public in­ small business concerns, with growth state briefly the nature of the interest spection at the Public Reference Room potential located primarily in the State of the person making the request and the of the Securities and Exchange Commis­ of Mississippi. position he proposes to take at the hear­ sion at 1100 L Street NW , Washington, D.C. In addition, the applicant plans to ing, if ordered. In addition, any inter­ form a wholly-owned subsidiary known ested person may submit his views or any [seal] G eorge A. F itzsimmons, as Invesat Capital Corporation to oper­ additional facts bearing on the said ap­ Secretary. ate as a section 301(d) licensee, as de­ plication by means of a letter addressed A ugust 27, 1974. fined in the Act. A section 301(d) Li­ to the Secretary, Securities and Ex­ [FR Doc.74-20703 Filed 9-6-74;8:45 am] censee is a small, business investment change Commission, Washington, D.C., company, the investment policy of which 20549 not later than the date specified. is to provide equity funds, long-term If no one requests a hearing, this appli­ SMALL BUSINESS loans and management assistance solely cation will be determined by order of the ADMINISTRATION to small business concerns which will Commission on the basis of the facts contribute to a well-balanced national stated therein and other information INVESAT CORP. economy by facilitating ownership in contained in the official fifes of the Com­ [License No. 04/04-0110] such concerns by persons whose partici­ mission pertaining thereto. Application for a License as a Small pation in the free enterprise system is For the Commission, by the Division Business Investment Company hampered because of social or economic disadvantage. of Market Regulation, pursuant to dele­ Notice is hereby given concerning the gated authority. It is anticipated that the wholly-owned filing of an application with the Small subsidiary will have initial capital of [sealI G eorge A. F itzsimmons, Business Administration (SBA), pursu­ $150,000 and the officers and directors of Secretary. ant to § 107.102 of the regulations gov­ the parent will also serve on the sub­ erning small business investment com­ [PR Doc.74-20705 Filed 9-6-74;8:45 am] sidiary’s Board of Directors. panies (SBIC’s) (13 CFR 107.102 Matters involved in SBA’s considera­ (1974)) under the name of Invesat tion of the application include the gen­ CHICAGO BOARD OPTIONS EXCHANGE, Corporation, Jackson, Mississippi for a eral business reputation and character INC. license to operate in the State of Mis­ of the proposed owners and management, sissippi as an SBIC under the provi­ Amendment to Option Plan and the probability of successful opera­ sions of the' Small Business Investment tions of the new company under their Notice is hereby given that the Chicago Act of 1958 (Act), as amended (15 management, including adequate profit­ Board Options Exchange, Inc. (CBOE) U.S.C. 661 et seq.). ability and financial soundness, in ac­ has filed a proposed amendment to its The applicant is registsering under cordance with the Act and Regulations. Option Plan pursuant to Rule 9b-l under the Securities Act of 1933 and the In­ Notice is further given that any inter­ the Securities Exchange Act of 1934 (17 vestment Company Act of 1940. It ap­ ested person may, not later than Septem­ CFR 240.9b-l). pears that there will not be any single ber 19, 1974 submit to SBA, in writing, The main thrust of the new proposal, stockholder owning ten (10) or more per­ relevant comments on the proposed com­ which is a new Rule 4.17, would be to pro­ cent of the issued and outstanding stock. pany. Any communication should be ad­ hibit members from entering orders for The proposed officers and directors dressed to: Deputy Associate Adminis­ opening purchase transactions and open­ are: trator for Investment, Small Business ing writing transactions (subject to sev­ Administration, 1441 “L” Street, N.W., eral exceptions) in any series of options J. Thomas Noojin, 3077 E. Colonial Way, Washington, D.C. 20416. Atlanta, Georgia, President. “ to which, as of the last previous trad- A copy of this Notice shall be published tag day’s close, (i) the market price of Reuben V. Anderson, 538% North Farish Street, Jackson, Mississippi, Secretary- in a newspaper of general circulation in the underlying stock was more than 5 Treasurer, Director. . Jackson, Mississippi. Points below the exercise price and (ii) the option premium was less than one- James B. Campbell, 4152 North Honey­ Dated: September 4,1974. half point. suckle Dr., Jackson, Mississippi, Director. Douglas L. Conner, 123 North Washington James T homas Phelan, Under the proposal there would be St., Starkville, Mississippi, Director. Deputy Associate Administrator automatic imposition and removal of re­ Mel D. Ellis, First National Bank, Meridian, for Investm ent. strictions at the commencement of each Mississippi, Director. [FR Doc.74-20756 Filed 9-5-74; 10:17 am]

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32584 NOTICES

[Declaration of Disaster Loan Area 1088; affirmative action hiring and/or training Arndt 1] bid conditions and failure to submit the requirements on federally assisted con­ certification will render the bid nonre- FLORIDA struction already subject to Federal mi­ sponsive to the invitation for bids. nority hiring and/or training plans Amendment to Declaration of Disaster Part IV recites the terms and condi­ Loan Area established pursuant to Executive Order tions under which contractors must per­ 11246, as amended, shall submit such form their responsibilities under either As a result of heavy rains and flood­ requirements to the Director of the Of­ Part I or Part II of the bid conditions ing which occurred June 27 to July 1, fice of Federal Contract Compliance. Furthermore, Part TV provides that those 1974, the State of Florida was declared a Such State and local requirements will contractors or subcontractors who do not disaster loan area. This amendment re­ be deemed applicable to federally as­ meet their goals or show a good faith defines the incidence period as having sisted construction contracts unless the effort to do so will be subject to one or commenced on June 24, 1974. (See 39 OFCC Director, or in the case of an ap­ more sanctions including termination, FR 28481.) peal of the Director’s determination, the suspension and liquidated damages All other conditions under this Assistant Secretary for Employment equal to $4 of 1 percent of the contract Declaration remain the same. Standards, determines that such require­ price for each day of non-compliance, Dated: August 9, 1974. ments are inconsistent with the Order such amount to be no less than $25 per or incompatible with the effective imple­ day but no more than $100 per day. T homas S. K leppe, mentation of the Federal minority hiring Administrator. Copies of the County of San Diego and/or training plan (either voluntary Bid Conditions and Affirmative Action [FR Doc.74-20709 Filed 9-6-74;8:45 am] or imposed) in the area. Requirements for Equal Opportunity Pursuant to 41 CFR 60-1.4(b) (2), the may be obtained from the County Con­ County of San Diego submitted its Bid CASPER DISTRICT ADVISORY COUNCIL tract Compliance Office, Human Re­ Conditions and Affirmative Action Re­ sources Agency, 5555 Overland Avenue, Meeting quirements for Equal Employment Op­ Building 11, San Diego, California 92123, portunity to the OFCC Director. In The Small Business Administration or Philip J. Davis, Director, "office of relevant part, the County EEO bid con­ Federal Contract Compliance, U.S. De­ Casper District Advisory Council will ditions are substantially similar to the convene at 1 p.m., e.d.t., Friday, Septem­ partment of Labor, 14th and Constitu­ Federal EEO Bid Conditions incorporat­ tion Avenue, N.W., Washington, D.C. ber 27, 1974, in the Hospitality Room of ing the Federal hiring and training plan the Pacific Power & Light Company, 206 20210. in effect in San Diego. The County EEO Decision. After careful review of the South Third Street, Laramie, Wyoming, bid conditions, like the Federal EEO Bid to discuss ^uch business as may be pre­ County of San Diego Bid Conditions and Conditions, consist of four parts and Affirmative Action Requirements for sented by members and the staff of the operate in a similar manner. Small Business Administration. Equal Employment Opportunity, in ac­ Part I of the County EEO bid condi­ cordance with the provisions of 41 CFR Dated: August 30,1974. tions incorporates the Federal hiring and 60-1.4(b) (2), I have determined that the training plan known as the Ban Diego J ohn Jameson, County’s EEO bid conditions are not Director, Office of Advisory Plan which-was formulated by local con­ inconsistent with Executive Order 11246, Councils, Small Business tractors, contractors associations, build­ as amended, and not incompatible with Administration. ing trades unions and minority organiza­ the effective implementation of the Fed­ tions and includes annual employment [FR Doc.74-20708 Filed 9-6-74;8:45 am] eral San Diego Plan. Accordingly, the goals for individual trades. Signatories County of San Diego may include its of the Federal San Diego Plan are also EEO bid conditions in federally assisted subject to the terms and conditions of construction contracts. MONTPELIER DISTRICT ADVISORY Part I of the County’s EEO bid condi­ COUNCIL Rights of Appeal. On August 30,1974, tions when performing county assisted in accordance with 41 CFR 60-1.4(b) (2), Meeting construction work. I communicated my determination to The Small Business Administration For those contractors and unions not Mr. Victor L. Reed, Contract Compliance Montpelier District Advisory Council will signatory to, or for any reason, not eli­ Coordinator, Human Resources Agency, convene at 12 noon, e.d.t. Tuesday, Sep­ gible to or desirous of participating in by registered mail, return receipt tember 24, 1974, at the Space Research the Federal San Diego Plan, Part II of requested. Corporation, North Troy, Vermont, to the County’s EEO bid conditions sets Pursuant to 41 CFR 60-1.4(b) (2), any discuss the assignment of projects for forth mandatory affirmative action re­ persons or groups affected by my deter­ quirements generally paralleling those of mination, including construction con­ the Council in the coming year and to the Federal San Diego Plan. The princi­ review the current programs in Vermont. tractors, labor organizations, associa­ pal distinction with respect to the ap­ tions or other organizations of construc­ Dated: August 30, 1974. plications of Parts I and n is that the tion trades contractors and/or labor obligations of contractors under Part II J ohn Jameson, are individual obligations that run to organizations, and minority community Director, Office of Advisory groups, may appeal this determination their own work forces and as to which to Mr. Bernard E. DeLury, Assistant Sec­ Councils, Small Business Ad­ they must make good faith efforts to ministration. reach goals for minority utilization. Un­ retary for Employment Standards, 14th i[FR Doc.74-20707 Filed 9-6-74;8:45 am] der Part I of the Federal San Diego and Constitution Avenue, N.W., Wash­ Plan, the minority utilization obligations ington, D.C. 20210, by requesting a hear­ ing by September 30,1974. Following this DEPARTMENT OF LABOR are trade obligations and it is the admin­ istrative committee of the San Diego appeal period, if any requests for a hear­ Office of Federal Contract Compliance Plan that assigns “fair share” goals to ing have been filed with the Assistant the individual members of the trade. The Secretary, the Department of Labor shall STATE AND LOCAL GOVERNMENT EQUAL then designate an administrative latf EMPLOYMENT OPPORTUNITY REQUIRE­ ultimate goals for Part n of both the Federal and County bid conditions are 24 judge who shall conduct a hearing to MENT FOR FEDERALLY ASSISTED CON­ make proposed findings and a recom­ STRUCTION CONTRACTS to 30 percent. The Federal EEO Bid Con­ ditions, however, require achievement of mended decision to the Assistant Secre­ Approval of the County of San Diego Bid these goals by 1976, while the County bid tary upon the basis of the record before Conditions and Affirmative Action Re­ him. The administrative law judge shall quirements and Opportunity for Appeal conditions are effective through 1977. Part III of the County’s EEO bid con­ give reasonable notice of the opportunity Background. 41 CFR 60-1.4 (b) (2) ditions consists of a Bidders’ Certifica­ to participate in such hearing by regis­ (39 2365, January 21, 1974) prescribes tered mail, return receipt requested, to tion form which is required to be com­ those requesting the hearing and shall procedures whereby State and local pleted by all bidders. The Bidders’ Certi­ also give reasonable notice of such hear­ governments intending to impose fication is a material condition of the ing in the Federal R egister to inform

FEDERAL REGISTER, VOL. 39, N O . 175— M O NDAY, SEPTEMBER 9, 1974 NOTICES 32585 all other persons, organizations and (Irvin Klein, Trustee), now assigned Octo­ August 27, 1974, it has been determined ber 7, 1974, at New York, N.Y„ will be held that the proposed abandonment of the line other entities affected by my determina­ in Room A—238, 26 Federal Plaza. of the Chicago and North Western Trans­ tion of their opportunity to participate MC 139645, Service Motor Freight, Inc., now portation Company between Winthrop, Sib­ in the hearing. Each participant shaU assigned October 9,1974, at New York, NY., ley County, and Klossner, Nicollet County, have the right to counsel and a fair will be held in Room A-238, 26 Federal a distance of approximately 12.8 miles all opportunity to present his case, includ­ Plaza. in Minnesota, If approved by the Commis­ ing such cross-examination as the ad­ MC 99208 Sub 12, Skyline Transportation, sion, does not constitute a major Federal ministrative law judge may deem appro­ Inc., now assigned October 1, 1974, will be action significantly affecting the quality of priate in the circumstances. Within 80 held In Room LL-8, 301 Cumberland Bldg., the human environment within the mean­ Knoxville, Tenn. days ing of the National Environmental Policy of the close of the appeal period MC 127834 Sub 99, Cherokee Hauling and Act Of 1969 (NEPA), 42 U.S.C. §§4321 et for requesting a hearing, the Assistant Rigging, Inc., now assigned October 8, seq., and that preparation of a detailed en­ Secretary shall make a final decision on 1974, will be held in Room 844, 167 N. Main vironmental impact statement will not be tiie basis of the record before him, which St., Memphis, Tenn. required under section 4332(2) (C) of the ,chan consist of the rulings and recom­ MC 108676 Sub 58, A. J. Metier Hauling & NEPA. mended decision of the administrative Rigging, Inc., now assigned October 7, 1974, It was concluded, among other things, law judge, and the exceptions and briefs will be held in Room 844, 167 N. Main St., that the environmental effects of the pro­ hied subsequent to the administrative Memphis, Tenn. posed abandonment are insignificant be­ cause no major adverse ecological effects [ seal] R obert L. O swald, law judge’s decision. are anticipated if the action is authorized. Signed at Washington, D.C. this 30th Secretary. The amount of freight shipped over the day of August, 1974. [Pit Doc.74-20748 Filed 9-6-74;8:45 am] line is relatively minor, and there are no new developmental plans in the area de­ P hilip J. D avis, pendent on this line for raU service. Fur­ Director, Office of Federal [Finance Docket No. 26877] thermore, the Minnesota Department of Contract Compliance. Natural Resources has expressed its desire CHICAGO AND NORTH WESTERN to purchase the right-of-way for recrea­ [PR Doc.74-20744 Filed 9-6-74; 8:45 am] TRANSPORTATION CO. tional purposes or a wildlife habitat area. Abandonment Between Winthrop, Sibley This determination was based upon the INTERSTATE COMMERCE County, and Klossner, Nicollet County, staff preparation and consideration of an Minnesota evironmental threshold assessment survey, COMMISSION which is available for public inspection upon [Notice No. 586] Upon consideration of the record in request to the Interstate Commerce Commis­ the above-entitled proceeding, and of sion, Office of Proceedings, Washington, D.C. ASSIGNMENT OF HEARINGS a staff-prepared environmental thresh­ 20423; telephone 202-343-2086. Interested parties may comment on this S eptember 4,1974. old assessment survey which is avail­ matter by the submission of representations Cases assigned for hearing, postpone­ able for public inspection upon request; to the Interstate Commerce Commission, ment, cancellation, or oral argument ap­ and Washington, D.C. 20423, on or before Sep­ pear below and will be published only It appearing, that no environmental tember 24, 1974. impact statement need be issued in this once. This list contains prospective as­ [FR Doe.74-20750 Filed 9-6-74;8:45 am] signments only and does not include proceeding, because this proceeding cases previously assigned hearing dates. does not represent a major Federal ac­ The hearings will be on the issues as pres­ tion significantly affecting the quality of IRREGULAR-ROUTE MOTOR COMMON ently reflected in the Official Docket of the human environment within the CARRIERS OF PROPERTY meaning of the National Environmental the Commission. An attempt will be made Elimination of Gateway Letter Notices to publish notices of cancellation of Policy Act of 1969, 42 U.S.C. ss 4321, et hearings as promptly as possible, but in­ seq.; and good cause appearing therefor: September 4, 1974. terested parties should take appropriate It is ordered, That applicant be, and The following letter-notices of pro­ steps to insure that they are notified of it is hereby, directed to publish the ap­ posals to eliminate gateways for the pur­ cancellation or postponements of hear­ pended notice in a newspaper of gen­ pose of reducing highway congestion, al­ ings in which they are interested. No eral circulation in Sibley and Nicollet leviating air and noise pollution, mini­ amendments will be entertained after Counties, Minnl, within 15 days of the mizing safety hazards, and conserving September 9, 1974. date of service of this order, and certify fuel have been filed with the Interstate MC 130228, Moreno Tours, Inc., now assigned to the Commission that this has been Commerce Commission under the Com­ September 9, 1974, at New York, N.Y., is accomplished. mission’s Gateway Elimination Rules (49 postponed indefinitely. And it is further ordered, That notice CFR 1065(a)), and notice thereof to all MC 114211 Sub 222, Warren Transport, Inc., of this order shall be given to the gen­ Interested persons is hereby given as pro­ now assigned October 1, 1974, will be held eral public by depositing a copy thereof vided in such rules. In Room 1614, Everett McKinley Dirksen in the Office of the Secretary of the An original and two copies of protests Bldg., 219 S. Dearborn Street, Chicago, HL MC 114273 Sub 161, Cedar Rapids Steel Trans­ Commission at Washington, D.C., and against the proposed elimination of any portation, Inc., now assigned October 2, by forwarding a copy to the Director, gateway herein described may be filed 1974, will be held in Room 1614, Everett Office of the Federal Register, for pub­ with the Interstate Commerce Commis­ McKinley Dirksen Bldg., 219 S. Dearborn lication in the Federal R egister. sion on or before September 19, 1974. A St., Chicago, 111. , Dated at Washington, D.C., this 27th copy must also be served upon applicant Me 139335 Sub 2, Jackson Transfer, Inc., now or its representative. Protests against the assigned October 3, 1974, will be held in day of August 1974. elimination of a gateway will not operate Room 1614, Everett McKinley Dirksen Bldg., 219 S. Dearborn St., Chicago, 111. By the Commission, Commissioner to stay commencement of the proposed Me 116519 Sub 21, Frederick Transport Lim­ Tuggle. operation. Successively filed letter-notices of the ited, now assigned October 7, 1974, will be [ seal] R obert L. O swald, held in Room 1086A, Everett McKinley same carrier under these rules win be Dirksen Bldg., 219 S. Dearborn St., Chicago, Secretary. numbered consecutively for convenience Interstate Commerce Commission in identification. Protests, if any, must MC 123639 Sub 155, J. B. Montgomery, Inc., refer to such letter-notices by number. now assigned October 21, 1974, will be held notice in Room 595, U.S. Courthouse, 1929 Stout [Finance Docket No. 26877] No. MC-2261 (Sub-No. E2), filed St., Denver, Colo. May 28, 1974. Applicant: KEENAN JT-426 Sub 1, Express Forwarding and Stor­ THE CHICAGO AND NORTH WESTERN TRANS­ PORTATION COMPANY ABANDONMENT BE­ TRANSFER AND STORAGE, INC., PO. age Co., Inc., now assigned October 16,1974, Box 3258, Albany, Ga. 31702. Applicant’s at New York, N.Y., will be held in Room TWEEN WINTHBOP, SIBLEY COUNTY, AND B-2231, 26 Federal Plaza. KLOSSNER, NICOLLET COUNTY, MINNESOTA representative: J. Sewell Elliott, Suite MC-F-12114, Preston Trucking Company, The Interstate Commerce Commission 506, American Federal Bldg., Macon, Ga. Inc.—Purchase (Portion) -rExpress/S.D.Z. hereby gives notice that by order dated 31201. Authority sought to operate as a

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 32586 NOTICES common carrier, by motor vehicle, over No. MC-2261 (Sub-No. E5), filed tion of U.S. Highway 82, thence along irregular routes, transporting: House­ May 28, 1974. Applicant: KEENAN U.S. Highway 82 to the junction of U.S. hold goods, as defined by the Commis­ TRANSFER AND STORAGE, INC., P.O. Highway 29, thence along U.S. High­ sion, from points in Florida on, east, and Box 3258, Albany, Ga. 31702. Applicant’s way 29 to the Alabama-Florida State southeast of a line from the Florida- representative: J. Sewell Elliott, Suite line. The purpose of this filing is to Georgia State line along U.S. Highway 506, American Federal Bldg., Macon, Ga. eliminate the gateway of La Grange, 221 to Perry, thence along Florida High­ 31201.-Authority sought to operate as a Ga., and points within 35 miles thereof! way 361 to Keaton Beach on the Gulf of common carrier, by motor vehicle, over No. MC-2261 (Sub-No. E8), filed Mexico to points in Alabama and irregular routes, transporting: House­ May 28, 1974. Applicant: KEENAN Georgia on, north, and east of a line hold goods, as defined by the Commis­ TRANSFER AND STORAGE, INC., P.O. from the Alabama-Mississippi State line sion, from points in Florida on and west Box 3258, Albany, Ga. 31702. Applicant’s along U.S. Highway 80 to the junction of of a line from the Georgia-Florida State representative: J. Sewell Elliott, Suite Interstate Highway 85, thence along In­ line along U.S. Highway 319 to Wakulla, 506, American Federal Bldg., Macon, Ga. terstate Highway 85 to the junction of thence along Florida Highway 363 to the 31201. Authority sought to operate as a U.S. Highway 27 at La Grange, Ga., Gulf of Mexico at St. Marks, to points in common carrier, by motor vehicle, over thence along U.S. Highway 27 to the Georgia on and east of a line from the irregular routes, transporting: House­ Georgia-Tennessee State line. The pur­ Georgia-Tennessee State line along U.S. hold goods, as defined by the Commis­ pose of this filing is to eliminate the Highway 27 to the junction of Georgia sion, from points in Tennessee, North gateway of La Grange, Ga., and points Highway 109 at La Grange, and on and Carolina, and South Carolina on and within 35 miles thereof. north of a line from La Grange along east of a line from the Tennessee- No. MC-2261 (Sub-No. E3), filed Georgia Highway 109 to Greenville, Kentucky State line along Tennessee May 28, 1974. Applicant: KEENAN thence along Georgia Highway 18 to the Highway 56 to the junction of Tennessee TRANSFER AND STORAGE, INC., P.O. junction of U.S. Highway 19, thence Highway 108, thence along Tennessee Box 3258, Albany, Ga. 31702. Applicant’s along U.S. Highway 19 to the junction of Highway 108 to the junction of Tennes­ representative: J. Sewell Elliott, Suite Georgia Highway 16, thence along see Highway 27, thence along Tennessee 506, American Federal Bldg., Macon, Ga. Georgia Highway 16 to Jackson, thence Highway 27 to the Tennessee-Georgia 31201. Authority sought to operate as a along Georgia Highway 36 to Covington, State line and on and west of a line common carrier, by motor vehicle, over thence along Georgia Highway 81 to from Kitty Hawk, N.C., along U.S. High­ irregular routes, transporting: House­ Walnutgrove thence along Georgia High­ way 158 to Elizabeth City, thence along hold goods, as defined by the Commis­ way 138 to the junction of U.S. Highway U.S. Highway 17 to the junction of U.S. sion from points in Florida on and east 78, thence along U.S. Highway 78 to Highway 13, thence along U.S. Highway of a line from the Georgia-Florida State Athens, thence along Georgia Highway 13, to the junction of U.S. Highway 64, line along U.S. Highway 221 to Perry, 72 to the Georgia-South Carolina State thence along U.S. Highway 64, to the thence along Florida Highway 361 to line. The purpose of this filing is to elimi­ junction of North Carolina Highway 49, nate the gateway of La Grange, Ga., and thence along North Carolina 49 to Keaton Beach 'and the Gulf of Mexico to Charlotte, thence along Interstate High­ points in Alabama and Georgia on, north, points within 35 miles thereof. No. MC-2261 (Sub-No. E6), filed way 85 to the South Carolina-Georgia and east of a line from the Alabama- State line, to points in Georgia and Mississippi State line along U.S. High­ May 28, 1974. Applicant: KEENAN TRANSFER AND STORAGE, INC., P.O. Alabama on and south of a line from way 278 to the junction of U.S. Highway the Mississippi-Alabama State line 78, thence along U.S. Highway 78 to the Box 3258, Albany, Ga. 31702. Applicant’s representative: J. Sewell Elliott, Suite along Interstate Highway 10 to Mobile, junction of Interstate Highway 20, thence along Interstate Highway 65, to thence along Interstate Highway 20 to 506, American Federal Bldg., Macon, Ga. 31201. Authority sought to operate as a Montgomery, thence along Interstate the Alabama-Georgia State line, thence Highway 85 to La Grange, Ga., thence along the Alabama-Georgia State line to common carrier, by motor vehicle, over irregular routes, transporting: House­ along U.S. Highway 27 to Columbus, the southern boundary of Carroll County, Ga., thence along U.S. Highway 280 to Ga., thence along the southern boundary hold goods, as defined by the Commission from points in North Carolina and South the junction of Georgia Highway 55, of Carroll County to Georgia Highway thence along Georgia Highway 55 to the 100, thence along Georgia Highway 100 Carolina on and east of a line from the junction of U.S. Highway 82, thence to the junction of Georgia Highway 18 North Carolina-Virginia State line along along U.S. Highway 82 to Albany, thence thence along Georgia Highway 18, to North Carolina Highway 18 to Wilkes- along U.S. Highway 19 to the Georgia- Woodbury, thence along Georgia High­ boro, thence along North Carolina Highway 115 to StateSville, thence along Florida State line. The purpose of this way 85 to Atlanta, thence along U.S. filing is to eliminate the gateway of La Highway 23 to the Georgia-North Caro­ U.S. Highway 70 to Salisburg, thence along Interstate Highway 85 to Kan­ Grange, Ga., and points within 35 miles lina State line. The purpose of this filing thereof. is to eliminate the gateway of La Grange, napolis, thence along U.S. Highway 601 Ga., and points within 35 miles thereof. to Camden, S.C., thence along U.S. High­ No. MC-2261 (Sub-No. E8), filed way 1 to Columbia, thence along Inter­ May 28, 1974. Applicant: KEENAN No. MC-2261 (Sub-No. E4), filed state Highway 20 to the South Carolina- TRANSFER AND STORAGE, INC., P.O. May 28, 1974. Applicant: KEENAN Georgia State line and the Savannah Box 3258, Albany, Ga. 31702. Applicant’s TRANSFER AND STORAGE, INC., P.O. River thence along the Savannah River representative: J. Sewell Elliott, Suite Box 3258, Albany, Ga. 31702. Applicant’s to the Atlantic Ocean to points in 506 American Federal Bldg., Macon, Ga. representative: J. Sewell Elliott, Suite Georgia and Alabama on and west of a 31201. Authority sought to operate as a 506, American Federal Bldg., Macon, Ga. line from the Tennessee-Alabama State common carrier, by motor vehicle, over 31201. Authority sought to operate as a line along U.S. Highway 231 to the junc­ irregular routes, transporting: House* common carrier, by motor vehicle, over tion of Alabama Highway 66, thence hold goods, as defined by the Commission, irregular routes, transporting: House­ along Alabama Highway 66 to the junc­ from points in Tennessee, North Caro­ hold goods, as defined by the Commis­ tion of U.S. Highway 431, thence along lina, and South Carolina on and east of sion from points in Florida on and west U.S. Highway 431 to the junction of a line from the Tennessee-Kentucky of a line from the Georgia-Florida State Alabama Highway 86, thence along State line along Tennessee Highway 56 line along U.S. Highway 221 to Perry, Alabama Highway 86 to the Georgia- to the junction of Tennessee Highway thence along Florida Highway 361 to Alabama State line, thence along Geor­ 108, thence along Tennessee Highway 108 to the junction of Tennessee High­ Keaton Beach and the Gulf of Mexico, to gia Highway 244 to the junction of Georgia Highway 109, thence along way 27, thence along Tennessee Highway points in Georgia on, north, and west of Georgia Highway 109 to the junction of 27 to the Tennessee-Georgia State line Interstate Highway 85. The purpose of U.S. Highway 29, thence along U.S. High­ and on and west of a line from Kitty this filing is to eliminate the gateway of way 29 to La Grange, thence along Hawk, .N.C., along U.S. Highway 158 to La Grange, Ga., and points within 35 U.S. Highway 27 to Columbus, thence Elizabeth City, thence along U.S. High­ miles thereof. along Alabama Highway 26 to the junc­ way 17 to the junction of U.S. Highway

FEDERAL REGISTER, V O L 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32587

13, thence along U.S. Highway 13, to the from points in Georgia on. and west of a eliminate the gateways indicated by junction of U.S. Highway 64, thence line from Manchester, Ga., along Georgia asterisks above. along U.S. Highway 64, to the junction Highway 41 to the junction of Georgia of North Carolina Highway 49, thence Highway 55, thence along Georgia, High­ No. MC-8958 (Sub-No. E7), filed along North Carolina 49 to Charlotte, way 55 to Dawson, thence along UJS. June 4, 1974. Applicant: THE YOUNGS­ thence along Interstate Highway 85 to Highway 82 to Albany, thence along TOWN CARTAGE CO., 825 West Federal the South Carolina-Georgia State line, Georgia Highway 3 to Carmilla, thence St., Youngstown, Ohio 44501. Applicant’s to points in Georgia and Alabama on along Georgia Highway 333 to the representative: John P. McMahon, Suite and south of a line from the Mississippi- Georgia-Florida State line and points in 1800-100 East Broad St., Columbus, Alabama State line along Interstate Georgia east of a line from Manchester Ohio 43215. Authority sought to operate Highway 10 to Mobile, thence along In­ along U.S. Highway Alternate 27 to as a common carrier, by motor vehicle, terstate Highway 65, to Montgomery, Columbus, thence along the Georgia- over irregular routes, transporting: Iron thence along Interstate Highway 85 to Alabama State line to the Florida State and steel articles of the kind used in La Grange, Ga., thence along U.S. High­ line to points in Tennessee and points in Construction and manufacture, and con ­ way 27 to Columbus, Ga., thence along South Carolina and North Carolina on tractors’ equipment and machinery, be­ U.S. Highway 280 to the junction of and north of a line from the Atlantic tween points in Pennsylvania, on the one Georgia Highway 55, thence along Ocean at Wilmington, N.C., along U.S. hand, and, on the other, points in that Georgia Highway 55 to the junction of Highway 74 to the junction of North part of Ohio on, west, and north of a U.S. Highway 82, thence along U.S. High­ Carolina Highway 211, thence along line beginning at Lake Erie, thence along way 82 to Albany, thence along U.S. North Carolina Highway 211 to the Interstate Highway 71 to junction U.S. Highway 19 to the Georgia-Florida State junction of U.S. Highway 220, thence Highway 30, thence along U.S. Highway line. The purpose of this filing is to along U.S. Highway 220 to the junction 30 to junction U.S. Highway 30S near eliminate the gateway of La Grange, of North Carolina Highway 24, thence Mansfield, thence along U.S. Highway Ga., and points within 35 miles thereof. along North Carolina Highway 24 to SOS to junction U.S. Highway 30 near Charlotte, thence along U.S. Highway 29 Delphos, thence along U.S. Highway 30 No. MC-2261 (Sub-No. E9), filed to the Ohio-Indiana State line. The pur­ May 28, 1974. Applicant: KEENAN to the South Carolina-Georgia State line. The purpose, of this filing is to eliminate pose of this filing is to eliminate the gate­ TRANSFER AND STORAGE, INC., P.O. way of Niies, Ohio. Box 3258, Albany, Ga. 31702. Applicant’s the gateway of LaGrange, Ga-. and representative:. J. Sewell Elliott (same as points within 35 miles thereof. No. MC-15897 (Sub-No. E38), filed above). Authority sought to operate as a No. MC-2261 (Sub-No. E ll), filed June 2, 1974. Applicant: O.K. TRANS­ common carrier, by motor vehicle, over May 28, 1974. Applicant: KEENAN FER AND STORAGE COMPANY, 207 irregular routes, transporting: House­ TRANSFER & STORAGE, INC., P.O. South Union, Shawnee, Okla. 74807. Ap­ hold goods as defined by the Commission Box 3258, Albany, Ga. 31702. Applicant’s plicant’s representative: Wilburn L. from points in Tennessee on and west of representative: J. Sewell Elliott, Suite Williamson, Suite 280 National Founda­ a line from the Termessee-Virginia State 506 American Federal Bldg., Macon, Ga. tion Life Center, 3535 N.W. 58th, Okla­ line along U.S. Highway 23, to Kings­ 31291. Authority sought to operate as a homa City, Okla. 73112. Authority sought port, thence along U.S. Highway 11W to common carrier, by motor vehicle, over to operate as a common carrier, by motor the junction of U.S. Highway 25E, irregular routes, transporting: House­ vehicle, over irregular routes, transport­ thence along U.S. Highway 25E, to hold goods as defined by the Commission ing: Household goods, as defined by the Knoxville, thence along US. High­ from Columbus, Ga., to points in Florida, Commission, between points in that part way 11, via Tennessee Highway BR2 Tennessee, North Carolina, and South of Texas, on, west, and north of a line to Chattanooga, thence along US. Carolina. The purpose of this filing is to beginning at the Texas-New Mexico Highway 27 to the Georgia-Tennessee eliminate the gateway of LaGrange, Ga., State line, thence along U.S. Highway 87 State line to points in Alabama and and points within 35 miles thereof. to junction Texas Highway 349, thence Georgia on and south of a line from the along Texas Highway 349 to junction No. MC—8958 (Sub-No. E6), filed U.S. Highway 90, thence along U.S. Alabama-Florida State line along Ala­ June 4,1974. Applicant: THE YOUNGS­ bama Highway 1 to Dothan, thence Highway 90 to junction UJS. Highway TOWN CARTAGE CO., 825 West Federal 385, thence along UJ3. Highway 385 to along U.S. Highway 431 to the junction St., Youngstown, Ohio 44501. Applicant’s of Alabama Highway 87, thence along junction Texas Highway 118, thence representative: John P. McMahon, Suite along Texas Highway 118 to the United Alabama Highway 87 to the junction of 1800,100 East Broad St., Columbus, Ohio Interstate Highway 85, thence along In­ States-Mexico International Boundary 43215. Authority sought to operate as a line near Boquillas, on the one hand, terstate Highway 85 to La Grange, Ga., common carrier, by motor vehicle, over thence along US. Highway 27 to the and, on the other, points in Kentucky. irregular routes, transporting: Iron and The purpose of this filing is to eliminate junction of Georgia Highway 190, thence steel articles of the kind used in con­ along Georgia Highway 190 to Man­ the gateway of points in Creek County, struction and manufacture, and con­ Okla., and Lamar County, Texas. chester, thence along Georgia Highway tractors’ equipment and machinery, (1) 41 to Buena Vista, thence along Georgia between points in Ohio, on the one hand,' No. MC-15897 (Sub-No. E39), filed Highway to Americus, Ga., thence along and, on the other, points in Massachu­ June 2, 1974. Applicant: O.K. TRANS­ US. Highway 280 to Cordele, Ga., thence setts, Rhode Island, Connecticut, and FER AND' STORAGE CO., 207 South along Interstate Highway 75 to Tifton, Delaware, and the District of Columbia Union, Shawnee, Okla. 74807. Applicant’s thence along U.S. Highway 82 to Way- (points in that part of Pennsylvania representative: Wilburn L. Williamson, cross, thence along US- Highway 84 to on and east of U.S. Highway 15 and Suite 280 National Foundation Life Cen­ Brunswick, thence along the unnum­ Niles, Ohio) *; and (2) between points ter, 3535 Northwest 58th, Oklahoma City, bered Toll Road to Sea Island. The pur­ in Ohio, on the one hand, and, on Okla. 73112. Authority sought to operate pose of this filing is to eliminate the the other, points in New York, that part as a common carrier, by motor vehicle, gateway of La Grange, Ga., and points of New Jersey on and north of a line be­ over irregular routes, transporting: within 35 miles thereof. ginning at the New York-New Jersey Household goods, as defined by the Com­ No. MC-2261 (Sub-No. E10), filed State line, thence along Interstate High­ mission, between points in that part of May 28, 1974. Applicant: KEENAN way 287 to junction New Jersey Highway Texas on, south, and west of a line be­ TRANSFER & STORAGE, INC., P.O. 31, thence along New Jersey Highway 31 ginning at the United States-Mexico In­ Box 3258, Albany, Ga. 31702. Applicant’s to junction Interstate Highway 80, ternational Boundary line near El Paso, representative: J. Sewell Elliott, Suite thence along Interstate Highway 80 to thence along Interstate Highway 10 to 506 American Federal Bldg., Macon, Ga. the New Jersey-Pennsylvania State line, junction UJS. Highway 181, thence along 31201. Authority sought to operate as a and that part of Pennsylvania on and UJS. Highway 181 to Corpus Christi, on the one hand, and on tibte other, points in common carrier, by motor vehicle, over north of Interstate Highway 80, and on Look, Lake, McHenry, Boone, Winnebago, ^regular routes, transporting: House- and east of U.S. Highway 15 Niles, Stephenson, and Jo Daviess Counties, 111. hold goods as defined by the Commission, Ohio) *. The purpose of this filing is to The purpose of this filing is to eliminate

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175— 8 32588 NOTICES the gateway of points in Creek County, County, 111.) *. The purpose of this filing and granite (except when moving in Okla., and. Lamar County, Texas. is to eliminate the gateways marked bulk) . from points in Sequatchie County, No. MC-15897 (Sub-No. E49), filed with asterisks above. Tenn., to points in Colorado (points in June 2, 1974. Applicant: O.K. TRANS­ No. MC-16903 ,(Sub-No. E14), filed Monroe County, Ind.)*; and (6) stone, FER AND STORAGE CO., 207 South June 4, 1974. Applicant: MOON slate, marble, and granite, from points Union, Shawnee, Okla. 74807. Applicant’s FREIGHT LINES, INC., P.O. Box 1275, in Sequatchie County, Tenn., to points representative: Wilburn L. Williamson, Bloomington, Ind. 47401. Applicant’s in Vermont, New Hampshire, and Maine Suite, 280, National Foundation Life Cen­ representative: Walter F. Jones, Jr., (points in Holmes County, Ohio) *. The ter, 3535 Northwest 58th, Oklahoma City, 601 Chamber of Commerce Bldg., In­ purpose of this filing is to eliminate the Okla. 73112. Authority sought to operate dianapolis, Ind. 46204. Authority sought gateways indicated by asterisks above. as a common carrier, by motor vehicle, to operate as a common carrier, by mo­ No. MC-16903 (Sub-No. E21), filed over irregular routes, transporting: tor vehicle, over irregular routes, trans­ June 4, 1974. Applicant: MOON Household goods, as defined by the Com­ porting: Stone, granite, and marble, FREIGHT LINES, INC., P.O. Box 1275, mission, between points in that part of cut, uncut, finished or in the rough, Bloomington, Ind. 47401. Applicant’s rep­ Mississippi on and north of U.S. Highway from points in Pickens County, Ga„ to resentative: Walter F. Jones, Jr., 601 80 and in and south of Coahoma, Tal­ points in Kansas, Missouri, Oklahoma, Chamber of Commerce Bldg., Indianap­ lahatchie, Yalobusclia, Calhoun, Chicka­ and Illinois (points in Cumberland olis, Ind. 46204. Authority sought to op­ saw, and Monroe Counties, on the one County, Tenn.) *, points in Indiana, erate as a common carrier, by motor hand, and, on the other, points in that Michigan, Ohio, West Virginia, Penn­ vehicle, over irregular routes, transport­ part of Kansas on and west of U.S. sylvania, Maryland, Delaware, New Jer­ ing: (1) Stone, cut, uncut, finished, and Highway 81. The purpose of this filing is sey, New York, Virginia, and the District in the rough (except when moving ih to eliminate the gateway of points in of Columbia (points in Knox County, bulk and except commodities the trans­ Creek County, Okla., and Lamar County, Tenn.) *, points in Kentucky (points in portation of which require the use of Texas. Cumberland County, Tenn., and Knox special equipment), from points in Dela­ No. MC—16903 (Sub-No. E ll), filed County, Tenn.) *, points in Vermont ware, Chester, Bucks, and Philadelphia June 4, 1974. Applicant: MOON and New Hampshire (points in Knox Counties, Pa., to points in Minnesota, FREIGHT LINES, INC., P.O. Box 1275, County, Tenn., and Albemarle County, North Dakota, and South Dakota (points Bloomington, Ind. 47401. Applicant’s Va.) *, and points in Maine (points in in Milwaukee County, Wis.)*; (2) representative: Walter F. Jones, Jr., Knox County, Tenn., and Albemarle dressed and sawed stone (except when 601 Chamber of Commerce Bldg., In­ County, Tenn.) *. The purpose of this moving in bulk and except commodities dianapolis, Ind. 46204. Authority sought filing is to eliminate the gateways the transportation of which require the to operate as a common carrier, by mo­ marked with asterisks above. use of special equipment), from points tor vehicle, over irregular routes, trans­ No. MC-16903 (Sub-No. E15), filed in Delaware, Chester, Bucks, and Phila­ porting: (1) Stone, cut, uncut, finished, June 4, 1974. Applicant: MOON delphia Counties, Pa., to points in Ne­ and in the rough from points in Pot­ FREIGHT LINES, INC., P.O. Box 1275, braska, Oklahoma, Louisiana, Arkansas, ter, Cameron, and Clinton Counties, Bloomington, Ind. 47401. Applicant’s and Mississippi (points in Monroe Pa., to points in Minnesota (points in representative: Walter F. Jones, Jr., County, Ind.)*; (3) stone (except when Milwaukee County, Wis.) *, points in 601 Chamber of Commerce Bldg., In­ moving in bulk, and except commodities North Dakota and South Dakota (points dianapolis, Ind. 46204. Authority sought the transportation of which require the in Blue Earth County, Minn.) *, points to operate as a common carrier, by mo­ use of special equipment), from points in Arkansas, Louisiana, and Mississippi tor vehicle, over irregular routes, trans­ in Delaware, Chester, Bucks, and Phila­ (points in Cumberland County, Tenn.) *, porting: Stone and marble, cut, uncut, delphia Counties, Pa., to points in Iowa, and points in Florida (points in Camp­ finished and in the rough from points Missouri, and Kansas (points in Monroe bell County, Va.)*; (2) Dressed and in Rutland County, Vt., to points in County, Ind.) *; (4) stone, marble, and sawed stone from points in Potter, Texas (points in Union County, 111.) *. granite (except when moving in bulk, Cameron, and Clinton Counties, Pa., to The purpose of this filing is to elimi­ and except commodities the transporta­ points in Nebraska, Kansas, and Okla­ nate the gateway marked with asterisks tion of which require the use of special homa (points in Monroe County, above. equipment), from points in Delaware, Ind.)*; (3) Stone (except when moving Chester, Bucks, and Philadelphia Coun­ in bulk) from points in Potter, Cam­ No. MC-16903 (Sub-No. E19), filed ties, Pa., to points in Colorado (points in eron, and Clinton Counties, Pa., to June 4, 1974. Applicant: MOON Monroe County, Ind.)*; and (5) stone points in Colorado (points in Monroe FREIGHT LINES, INC., P.O. Box 1275, and marble (except when moving in bulk County, Ind.) *. The purpose of this fil­ Bloomington, Ind. 47401. Applicant’s rep­ and except commodities the transporta­ ing is to eliminate the gateways marked resentative: Walter F. Jones, Jr., 601 tion of which require the use of special with asterisks above. Chamber of Commerce Building, Indi­ equipment), from points in Delaware, anapolis, Ind. 46204. Authority sought to Chester, Bucks, and Philadelphia Coun­ No. MC-16903 (Sub-No. E13), filed operate as a common carrier, by motor ties, Pa., to points in Texas (points in June 4, 1974. Applicant: MOON vehicle over irregular routes, transport­ Union County, 111.)*. The purpose of this FREIGHT LINES, INC., T.O. Box 1275, ing: (1) Stone, cut, uncut, finished, and filing is to eliminate the gateways indi­ Bloomington, Ind. 47401. Applicant’s in the rough, from points in Sequatchie cated by asterisks above. representative: Walter F. Jones, Jr., County, Tenn., to points in Minnesota, 601 Chamber of Commerce Bldg., In­ North Dakota, and South Dakota (points No. MC-16903 (Sub-No. E22), filed dianapolis, Ind. 46204. Authority sought in Milwaukee County, Wis.) *, points in June 4, 1974. Applicant: MOON to operate as a common carrier, by mo­ Oklahoma (points in Jasper County, FREIGHT LINES, INC., P.O. Box 1275, tor vehicle, over irregular routes, trans­ Mo.)*, and points in New York, Penn­ Bloomington, Ind. 47401. Applicant’s porting: (1) Stone, marble, and sylvania, Massachusetts, Rhode Island, representative: Walter F. Jones, Jr., 601 granite, cut, uncut, finished or in the Connecticut, and New Jersey (points in Chamber of Commerce Bldg., Indianap­ rough (except when moving in bulk), Scioto County, Ohio)*; (2) Stone from olis, Ind. 46204. Authority sought to op­ from Campbell County, Va., to points in points in Sequatchie County, Tenn., to erate as a common carrier, by motor Colorado (points in Monroe County, points in Iowa (points in Monroe County, vehicle, over irregular routes, transport­ Ind.)*; (2) Stone, marble, granite, and Ind.)*; (3) Dressed and sawed stone ing: (1) Stone, cut, uncut, finished, and slate, cut, uncut, finished or in the from points in Sequatchie County, Tenn., in the rough (except when moving in bulk and except commodities the size or rough from points in Campbell County, to points in Nebraska (points in Monroe weight of which require the use of special Va., to points in South Carolina (points County, Ind.) *; (4) Stone, granite, and in Surry County, N.C.)*; (3) Stone and equipment), from points in Montgomery marble, cut, uncut, finished and in the and Baltimore Counties, Md., to points in m arble cut, uncut, finished, or in the rough from points in Sequatchie County, Minnesota, North Dakota, and South rough from points in Campbell County, Tenn., to points in Kansas (points in Jas­ Dakota (points in Milwaukee County, Va., to points in Texas (points in Union per County, Mo.)*; (5) Stone, marble, Wis.)*; (2) stone (except when moving

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32589 in bulk, and except commodities the size land County, Tenn.) *; and points in points in Iowa, Kansas, and Missouri or weight of which require the use of Virginia, Maryland, Delaware, the Dis­ (points in Monroe County, Ind.)*. The special equipment), from points in Mont­ trict of Columbia, New Jersey, Pennsyl­ purpose of'this filing is to eliminate the gomery and Baltimore Counties, Md., to vania, and New York (points in Surry gateways indicated by asterisks above. points in Iowa and Kansas (points in County, N.C.) *; and (2) marble (except Monroe County, Ind.) *; (3) dressed and in bulk), from Gantts Quarry, Ala., to No. MC-59150 (Sub-No. E l), filed sawed stone (except when moving in points in Indiana, Kentucky, Virginia, June 4,1974. Applicant: PLOOF TRANS- bulk and except commodities the size or Maryland, Delaware, New Jersey, Penn­ FER CO., INC., 1901 Hill St., Jackson­ weight of which require the use of special sylvania, New York, and the District of ville, Fla. 32207. Applicant’s representa­ equipment), from points in Montgomery Columbia (points in Cumberland Coiinty, tive: Martin Sack, Jr., 1754 Gulf Life and Baltimore Counties, Md., to points Tenn., and Surry Coirnty, N.C.) *. The Tower, Jacksonville, Fla. 32207. Author­ in Nebraska, Oklahoma, and Arkansas ity sought to operate as a common car­ purpose of this filing is to eliminate the rier, by motor vehicle, over irregular (points in Monroe County, Ind.) *; (4) gateways indicated by asterisks above. stone, marble, and granite (except when routes, transporting: Commodities, No. MC-16903 (Sub-No. E26), filed which because of size or weight require moving in bulk and except commodities June 4, 1974. Applicant: MOON the size or weight of which require the the use of special handling or rigging, be­ use of special equipment), from points FREIGHT LINES, INC., P.O. Box 1275, tween points in that part of Georgia in in Montgomery and Baltimore Counties, Bloomington, Ind. 47401. Applicant’s and south of Seminole, Decatur, Grady, Md., to points in Colorado (points in representative: Walter F. Jones, Jr., 601 Thomas, Brooks, Lowndes, Lanier, Monroe County, Ind.)*; and (5) stone, Chamber of Commerce Bldg., Indian­ Clinch, Ware, Brantley, and Glynn granite, and marble, cut, uncut, finished, apolis, Ind. 46204. Authority sought to Counties, on the one hand, and, on the and in the rough (except when moving in operate as a common carrier, by motor other, points in Tennessee. The purpose vehicle, over irregular routes, transport­ of this filing is to eliminate the gateway bulk and except commodities the size or ing: (1) Stone and marble (except in weight of which require the use of spe­ of points in Florida. cial equipment), from points in Mont­ bulk) from points in Sumner and Cowley No. MC-59150 (Sub-No. E2), filed June gomery and Baltimore Counties, Md., to Counties, Kans., to points in Maine, New 4, 1974. Applicant: PLOOF TRANSFER points in Texas (points in Jasper County, Hampshire, Vermont, Massachusetts, CO., INC., 1901 Hill Street, Jacksonville, Mo., and Union County, HI.) *. The pur­ Connecticut, and Rhode Island (points Florida 32207. Applicant’s representa­ in Holmes County, Ohio)*; and (2) tive: Martin Sack, Jr:, 1754 Gulf Life pose of this filing is to eliminate the gate­ stone, cut, uncut, finished, and in the ways indicated by the asterisks above. Tower, Jacksonville, Florida 32207. Au­ rough (except in bulk), from points in thority sought to operate as a common No. MC-16903 (Sub-No. E24), filed Sumner and Cowley Counties, Kans., to carrier, by motor vehicle, over ir­ June 4, 1974. Applicant ; MOON points in New York, New Jersey, Dela­ FREIGHT LINES, INC., P.O. Box 1275, regular routes, transporting: Commod­ ware, Maryland, and the District of Co­ ifies, which because of size or weight, re­ Bloomington, Ind. 47401. Applicant’s rep­ lumbia (points in Cameron County, resentative: Walter F. Jones, Jr., 601 quire the use of special handling or rig­ Pa.)*. The purpose of this filing is to ging, between points in Georgia, in and Chamber of Commerce Bldg., Indianap­ eliminate the gateways indicated by olis, Ind. 46204. Authority sought to asterisks above. south of Early, Baker, Mitchell, Colquitt, operate as a common carrier, by motor Cook, Berrien, Atkinson, Ware, Pierce, vehicle, over irregular routes, transport­ No. MC-16903 (Sub-No. E27), filed Brantley, and Glynn Counties, on the ing: (1) Stone (except in bulk), from June 4, 1974. Applicant: MOON one hand, and, on the other, points in points in Las Cruses County, N. Mex., to FREIGHT LINES, INC., P.O. Box 1275, Virginia. The purpose of this filing is to Bloomington, Ind. 47401. Applicant’s eliminate the gateway of points in (a) points in Michigan, Ohio, New York, Florida. Pennsylvania, New Jersey, and the Dis­ representative: Walter F. Jones, Jr., 601 trict of Columbia (points in Monroe Chamber of Commerce Bldg., Indian­ No. MC-59150 (Sub-No. E4), filed County, Ind.) *; (b) points in Vermont apolis, Ind. 46204. Authority sought to June 4,1974. Applicant: PLOOF TRANS­ operate as a common carrier, by motor FER CO., INC., 1901 Hill St., Jackson­ and New Hampshire (points in Monroe vehicle, over irregular routes, transport­ and Holmes Counties, Ind.)*; (2) ston e' ville, Florida 32207. Applicant’s repre­ and marble (except in bulk), from points ing: Stone and marble (except in bulk), sentative: Martin Sack, Jr., 1754 Gulf in Las Cruces, N. Mex., to * points in from points in Hartford County, Md., to Life Tower, Jacksonville, Florida 32207. Maine (points in Union County, XBJ *; points in Colorado. The purpose of this Authority sought to operate as a com ­ (3) stone and marble, cut, uncut, fin­ filing is to eliminate the gateway of mon carrier, by motor vehicle, over ir­ ished, and in the rough (except in bulk) points in Monroe County, Ind. regular routes, transporting: Commod­ from points in T-as Cruces County, N. No. MC-16903 (Sub-No. E30), filed ities, which because of size or weight Mex., to points in Delaware, Maryland, June 4, 1974. Applicant: MOON require the use of specialized handling or West Virginia, Virginia, North Carolina, FREIGHT LINES, INC., P.O. Box 1275, rigging, between points in that part of South Carolina, and Georgia (points in Bloomington, Ind. 47401. Applicant’s Georgia in and south of Early, Baker, Knox County, Tenn.)*; and (4) dressed representative: Walter F. Jones, Jr., 601 Mitchell, Colquitt, Cook, Berrien, At­ and sawed stone (except in bulk), from Chamber of Commerce Bldg,, Indian­ kinson, Ware, Pierce, Brantley, and points in Las Cruces County, N. Mex., to apolis, Ind. 46204. Authority sought to Glynn Counties, on the one hand, and, on points in Massachusetts, Rhode Island, operate as a common carrier, by motor the other, points in North Carolina. The and Connecticut (points in Monroe vehicle, over irregular routes, transport­ purpose of this filing is to eliminate the County, Ind.) *. The purpose of this filing ing: (1) Dressed and sawed stone (ex­ gateway of points in Florida. is to eliminate the gateways indicated cept machine finished stone), from No. MC-59150 (Sub-No. E5), filed June by asterisks above. points in Avery, Watauga, Mitchell, and 4, 1974. Applicant: PLOOF TRANSFER Yancey Counties, N.C., to points In Min­ No. MC-16903 (Sub-No. E25), filed CO., INC., 1901 Hill St., Jacksonville» nesota, North Dakota, South Dakota, and Florida 32202. Applicant’s representa­ ¿une 4, 1974. Applicant; MOON Nebraska (points in Monroe County, FREIGHT LINES, INC., P.O. Box 1275, tive: Martin Sack, Jr., 1754 Gulf Life Ind.) *; (2) Stone (except machine fin­ Tower, Jacksonville, Florida 32207. Au­ Bloomington, Ind. 47401. Applicant’s ished stone and except when moving in representative: Walter F. Jones, Jr., 601 thority sought to operate as a common bulk), from points in Avery, Watauga, carrier, by motor vehicle, over irregular Chamber of Commerce Bldg., Indianap­ Mitchell, and Yancey Counties, N.C., to olis, Ind. 46204. Authority sought to op­ routes,transporting: Commodities, which points in Colorado (points in Monroe because of size or weight, require the use erate as a common carrier, by motor ve­ Comity, Ind.) *; and points in Connecti­ hicle, over irregular routes, transporting: of special handling or rigging, between cut, Rhode Island, Massachusetts, Ver­ points in that part of Alabama in and U) Stone and marble, cut, uncut, fin­ mont, New Hampshire, and Maine ished, and in the rough (except in bulk), (points in Harford County, M d.)*; and south of Washington, Clarke, Monroe, irom points in Etowah, Calhoun, and (3) stone (except maehine finished Butler» Crenshaw, Pike, Dale, and Dothan Talladega Counties, Al., to points in In- stone), from points in Avery, Watauga, Counties, on the one hand, and on the ®ana and Kentucky (points in Cumber­ Mitchell, and Yancey Counties, N.C., to other, points in that part of Georgia in,

FEDERAL REGISTER* VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32590 NOTICES south, and west of Seminole, Decatur, Missouri (points in Jefferson County, sentative: Clyde W. Carver, 5299 Roswell Mitchell, Worth, Crisp, Wilcox, Telfair, Ohio, and Bloomington, 111., and points Rd. NE„ Suite 212, Atlanta, Ga. 30342. Jeff Davis, Appling, Wayne, Long, Lib­ within 25 miles thereof) * ; points in Authority sought to operate as a common erty, Bryan, and Chatham Counties. The Montana (points in Jefferson County, carrier, by motor vehicle, over irregular purpose of this filing is to eliminate the Ohio, Bloomington, 111., and points within routes, transporting: Canned goods, from gateway of points in Florida. 25 miles thereof, Newton, Kans., and points in New Jersey on and south of No. MC-59150 (Sub-No. E7), filed June points within 15 miles thereof, points in U.S. Highway 30, to points in Colorado 4, 1974. Applicant: PLOOF TRANSFER Kimball, Banner, and Cheyenne Coun­ on and south of U.S. Highway 160. The COMPANY, INC., 1901 Hill Street, Jack­ ties, Nebr., and points in Wyoming) * ; purpose of this filing is to eliminate the sonville, Fla. 32202. Applicant’s repre­ Points in Nebraska (points in Jeffer­ gateway of Pilse and Spaulding Counties sentative: Martin Sack, Jr., 1754 Gulf son County, Ohio, Bloomington, 111., and Ga. points within 25 miles thereof, and New­ Life Tower, Jacksonville, Fla. 32207. Au­ No. MC-107515 (Sub-No. E7) (Cor­ thority sought to operate as a common ton, Kans., and points within 15 miles thereof) * ; points in New Mexico (points rection) , filed May 29, 1974, published in carrier, by motor vehicle, over irregular the F ederal R egister August 16, 1974. routes, transporting: Commodities, which in Jefferson County, Ohio, Bloomington, ni., and points within 25 miles thereof, Applicant: REFRIGERATED TRANS­ because of size or weight require the use PORT CO., INC., Suite 375, 3379 Peach­ of special handling or rigging, between points in Cowley County, Kans., and points in Canadian County, Okla.)*; tree Rd. NE., Atlanta, Ga. 30326. Appli­ points in Mobile and Baldwin Counties, cant’s representative: R. M. Tettlebaum, Ala., on the one hand, and, on the other, points in Oklahoma (points in Jefferson County, Ohio, Bloomington, 111., and Suite 375, 3379 Peachtree Rd. NE., At­ points in that part of Georgia in and lanta, Ga. 30326. Authority sought to south of Floyd, Bartow, Cherokee, For­ points within 25 miles thereof and points in Cowley County, Kans.)*; points in operate as a common carrier, by motor syth, Hall, Banks, Franklin, and Hart vehicle, over irregular routes, transport­ Counties. The purpose of this filing is to Oregon (points in Jefferson County, Ohio, Bloomington, 111., and points within 25 ing: Unfrozen meats and meat products, eliminate the gateway of points in from Luling, Texas, to points in Massa­ Florida, miles thereof, Newton, Kans., and points within 15 miles thereof, points in Colo­ chusetts, New Jersey, Maryland, Dela­ No. MC-88368 (Sub-No. E28), filed May rado, and points in Washington east of ware, Connecticut, Rhode Island, New 15, 1974. Applicant: CARTWRIGHT the Cascade Mountains) * ; points in Tex­ Hampshire, Vermont, Maine, that part of VAN LINES, INC., 1109 Cartwright Ave., as (points in Jefferson County, Ohio, Pennsylvania on and east of U.S. High­ Grandview, Mo. 64030. Applicant’s rep­ Bloomington, 111., and points within 25 way 219, that part of Virginia on and east resentative: Theodore Polydoroff, Suite miles thereof, points in Cowley County, of a line beginning at the Virginia-North 600, 1250 Connecticut Ave. NW., Wash­ Kans., points in Harlan County, Ky., Carolina State line, thence along U.S. ington, D.C. 20036. Authority sought to Florence, Sheffield, and Tuscumbia, Ala., Highway 29 to junction U.S. Highway 60, operate as a common carrier, by motor and points in Mississippi)*; points in thence along U.S. Highway 60 to junc­ vehicle, over irregular routes, transport­ Washington (points in Jefferson County, tion Virginia Highway 29, thence along ing: Household goods (1) from points Ohio, Bloomington, 111., and points with­ Virginia Highway 29 to junction Virginia in Pennsylvania to points in Alabama in 25 miles thereof, Newton, Kans., and Highway 39, thence along Virginia High­ (points in Jefferson County, Ohio, points points within 15 miles thereof, and points way 39 to junction U.S. Highway 220, in Harlan County, Ky., and points in Vir­ in Colorado) * ; and points in Wyoming thence along U.S. Highway 220 to the ginia) *; points in California in and north (points in Jefferson County, Ohio, Virginia-Maryland State line, and that of Mendocino, Glenn, Butte, and Plumas Bloomington, HI., and points within 25 part of New York on and east of a line Counties (points in Jefferson County, miles thereof, Newton, Kans., and points beginning at the Pennsylvania-New York Ohio, Bloomington, 111., and points within within 15 miles thereof, and points in State line, thence along U.S. Highway 25 miles thereof, Newton, Kans., and Kimball, Banner, and Cheyenne Coun­ 220, to junction New York 70, thence points within 15 miles thereof, points in ties, Nebr.)*; and (2) from Philadel­ along New York Highway 21 to the In­ Colorado, and points in Washington east phia, Pa., to points in Maine, New Hamp­ ternational Boundary line between the of the Cascade Mountains) *; points in shire, Rhode Island, and Vermont (Bos­ United States and Canada, and the Dis­ Colorado (points in Jefferson County, ton, Mass., and points within 25 miles trict of Columbia. The purpose of this Ohio, Bloomington, 111., and points within thereof) *. The purpose of this filing is filing is to eliminate the gateway of 25 miles thereof, and Newton, Kans., and to eliminate the gateways indicated by Gatesville, N.C. The purpose of this cor­ points within 15 miles thereof) *; points asterisks above. rection is to correct the spelling of the in Idaho (points in Jefferson County, origin point. Ohio, Bloomington, 111., and points within No. MC-95540 (Sub-No. E276), filed No. MC-107515 (Sub-No. E8) (Cor­ 25 miles thereof, Newton, Kans., and May 3, 1974. Applicant: WATKINS rection) , filed May 29,' 1974, published MOTOR LINES, INC., P.O. Box 1636, points within 15 miles thereof, and points in the F ederal R egister August 16,1974. in Colorado, Montana, and Wyoming, Atlanta, Ga. 30301. Applicant’s repre­ Applicant: REFRIGERATED TRANS­ and points in Kimball, Banner, and sentative: CLYDE W. CARVER, Suite PORT CO., INC., P.O. Box 308, Forest Cheyenne Counties, Nebr.)*; points in 212, 5299 Roswell Rd. NE., Atlanta, Ga. Park, Ga. 33050. Applicant’s representa­ Illinois within 100 miles of Danville, 111., 30342. Authority sought to operate as a tive: Bruce E. Mitchell, Suite 375, 3379 including Danville (points in Jefferson common carrier, by motor vehicle, over Peachtree Road NE., Atlanta, Ga. 30326. County, Ohio and Bloomington, 111., and irregular routes, transporting: Frozen Authority sought to operate as a com­ points within 25 miles thereof) *; Harlan, Foods, from Tifton, Ga., to points in Ken­ mon carrier, by motor vehicle, . over Iowa, and points in Iowa within 15 miles tucky on, north and west of a line begin­ irregular routes, transporting: Frozen thereof (points in Jefferson County, Ohio ning at the Kentucky-Indiana State line m eats, and frozen edible meat products, and Bloomington, HI., and points within and extending along U.S. Highway 421 from Palestine, Texas, to points in West 25 miles thereof) *; points in Kansas to its junction with Kentucky Highway Virginia, and those parts of Virginia and (points in Jefferson County, Ohio and 55, thence along Kentucky Highway Pennsylvania on and west of U.S. High­ Bloomington, 111., and points within 25 55 to its junction With Kentucky High­ way 15. The purpose of this filing is to miles thereof)*; points in Harlan way 44, thence along Kentucky Highway eliminate the gateway of Atlanta, Ga. County, Ky., points in Jefferson County, 44 to its junction with Interstate High­ The purpose of this correction is to re­ Ohio) *; points in Louisiana (points in way 65, thence along Interstate Highway flect the correct gateway to be elimi­ Jefferson County, Ohio, points in Harlan 65 to the Kentucky-Tennessee State line. nated. County, Ky., and Birmingham, Ala., and The purpose of this filing is to eliminate the gateway of Florence, Ala. No. MC-108449 (Sub-No. E15), filed points within 100 miles thereof) *; points May 17, 1974. Applicant: INDIANHEAD in Mississippi (points in Jefferson No. MC-95540 (Sub-No. E601), filed TRUCK LINE, IN C ., 1947 West County County, Ohio, points in Harlan County, May 28, 1974. Applicant: WATKINS Road C, St. Paul, Minn. 55113. Appli­ Ky., and points in Alabama within 100 MOTOR LINES, INC., P.O. Box 1636, cant’s representative: W. A. Myllenbeck miles of Birmingham, Ala.)*; points in Atlanta, Ga. 30301. Applicant’s repre­ (same as above). Authority sought to

FEDERAL REGISTER, VOL. 39, N O . 175— M O NDAY, SEPTEMBER 9, 1974 NOTICES 32591 operate as a common carrier, by motor Line Company Terminal located at or Road C, St. Paul,, Minn. 55113. Appli­ vehicle, over irregular routes, transport­ near Spencer or Spirit Lake, Iowa. cant’s representative: W. A. Myllenbeck ing: Petroleum products, as described in (same as above). Authority sought to No. MC-108449 (Sub-No. E33), filed operate as a common carrier, by motor Appendix XIII to the report in Descrip­ May 17, 1974. Applicant: INDIANHEAD tions in M otor Carrier Certificates, in vehicle, over irregular routes, transport­ TRUCK LINE, INC., 1947 West County ing: Petroleum products, in bulk, in tank bulk, in tank vehicles, and restricted to Road C, St. Paul, Minnesota 55113. Ap­ the transportation of commodities mov­ vehicles, from Fargo, N. Dak., and points plicant’s representative: W. A. Myllen­ within 10 miles thereof, to points in the ing in foreign commerce, from the port beck (same as above). Authority sought Upper Peninsula of Michigan. The pur­ of entry at or near Noyes, Minn., on the to operate as a common carrier, by motor United States-Canada Boundary line, to pose of this filing is to eliminate the gate­ vehicle, over irregular routes, transport­ way of McGregor, Minn. points in South Dakota on and north of ing: Petroleum products, as described in U.S. Highway 12 and on and east of U.S. Appendix XIII to the report in Descrip­ No. MC-110525 (Sub^No. E824) (Cor­ Highway 281. The purpose of this filing tions in Motor Carrier Certificates, 61 rection) , filed May 20, 1974, published in is to eliminate the gateway of West Far­ M.C.C. 209, in bulk, in tank vehicles, from the F ederal R egister August 22, 1974. go, N. Dak. Minneapolis and St. Paul, Minn., and Applicant: CHEMICAL LEAMAN TANK No. MC-108449 (Sub-No. E16), filed points within ten miles thereof, to points LINES, INC., P.O. Box 200, Downing- May 17, 1974. Applicant: INDIANHEAD in Wyoming. The purpose of this filing town, Pa. 19335. Applicant’s representa­ TRUCK LINE, INC., 1947 West County is to eliminate the gateway of the ter­ tive: Thomas J. O’Brien (same as above). Road C, St. Paul, Minn. 55113. Appli­ minal facilities of the Kaneb Pipe Line Authority sought to operate as a common cant’s representative: W. A. Myllenbeck Company located on or near Aberdeen, carrier, by motor vehicle, over irregular (same as above). Authority sought to op­ S. Dak, routes, transporting: Liquid chemicals, in bulk, in tank vehicles, from points in erate as a common carrier, by motor ve­ No. MC-108449 (Sub-No. E34), filed hicle, over irregular routes, transporting: Pennsylvania to points in New Mexico. May 17, 1974, Applicant: INDIANHEAD The purpose of this filing is to eliminate Petroleum products, as described in Ap­ TRUCK LINE, INC., 1947 West County pendix x m to the report in Descriptions the gateway of Addyston, Ohio. The pur­ Road C, St. Paul, Minnesota 55113, Ap­ pose of this correction is to establish the in Motor Carrier Certificates, 61 M.C.C. plicant’s representative: W. A. Myllen­ 209, in bulk, in tank vehicles, and re­ correct “E” number—previously pub­ beck (same as above). Authority sought lished as E569. stricted to commodities moving in for­ to operate as a common carrier, by motor eign commerce, from the port of entry vehicle, over irregular routes, transport­ No. MC-111545 (Sub-No. E371) (Cor­ at or near Noyes, Minn., on the United ing: Petroleum products, in bulk, in tank rection) , filed June 4, 1974, published in States-Canada Boundary line, to points vehicles, from Minneapolis and St. Paul, the F ederal R egister July 31, 1974. Ap­ in that part of South Dakota on, north, Minn., and points within ten miles plicant: HOME TRANSPORTATION and west of a line beginning at Winship, thereof, to points in Montana. The pur­ CO., INC., P.O. Box 6426, Station A, and extending along U.S. Highway 281 pose of this filing is to eliminate the Marietta, Ga. 30062. Applicant’s repre­ to its junction with U.S. Highway 12, gateway of the terminal facilities of the sentative: Robert E. Bom (same as thence along U.S. Highway 12 to Web­ Kaneb Pipe Line Company located at or above). Authority sought to operate as a ster, thence along South Dakota Highway near Aberdeen, S. Dak. common carrier, by motor vehicle, over 25 to Howard, thence along South Da­ irregular routes, transporting: Valves, kota Highway 34 to Madison, thence No. MC-108449 (Sub-No. E35), filed hydrants, indicator posts, floor stands, along South Dakota Highway 19 to its May 17, 1974. Applicant: INDIANHEAD fittings, sleeves, and covers, the trans­ junction with South Dakota Highway 46, TRUCK LINE, INC., 1947 West County portation of which, because of size or thence along South Dakota Highway 46 Road C, St. Paul, Minn. 55113. Ap­ weight, requires the use of special equip­ to the South Dakota-Iowa State line. The plicant’s representative: W. A. Myllen­ ment, from points in that part of Ala­ purpose of this filing is to eliminate the beck (same as above). Authority sought bama within 175 miles of Chattanooga, gateway of the terminal facilities of the to operate as a common carrier, by motor Tenn., to points in Arizona, California, Kaneb Pipe Line Company located at or vehicle, over irregular routes, transport­ ing: Petroleum products, in bulk, in tank Idaho, Montana, Nevada, Oregon, Utah, near Jamestown, N. Dak. vehicles, from Winona, Minn., to points Washington, and Wyoming. The purpose No. MC-108449 (Sub-No. E17), filed in Illinois. The purpose of this filing is of this filing is to eliminate the gateway May 17, 1974. Applicant: INDIANHEAD to eliminate the gateways of La Crosse, of Anniston, Ala. The purpose of this cor­ TRUCK LINE, INC., 1947 West County Wis., and the storage facilities utilized rection is to indicate the complete list of Road C, St. Paul, Minn. 55113. Appli­ by American Oil Co. in Dubuque, Iowa. destination States. cant’s representative: W. A. Myllenbeck No. MC-108449 (Sub-No. E38), filed No. MC-111545 Sub-No. E526), filed (same as above). Authority sought to op­ June 2, 1974. Applicant: HOME TRANS­ erate as a common carrier, by motor ve­ May 17, 1974. Applicant: INDIANHEAD TRUCK LINE, INC., 1947 West County PORTATION COMPANY, INC., P.O. hicle, over irregular routes, transporting: Box 6426, Station A, Marietta, Ga. 30062. Petroleum products, in bulk, in tank ve­ Road C, St. Paid, Minnesota 55113. Appli­ cant’s representative: W. A. Myllenbeck Applicant’s representative: Robert E. hicles, from Minneapolis and St. Paul, Bom (same as above). Authority sought Minn., and points within ten miles there­ (same as above). Authority sought to operate as a common carrier, by motor to operate as a common carrier, by motor of, to points in Illinois. The purpose of vehicle, over irregular routes, transport­ this filing is to eliminate the gateway of vehicle, over irregular routes, transport­ ing: Liquefied petroleum gas, in bulk, in ing: (1) Heat exchangers or equalizers the storage facilities utilized by Ameri­ for air, gas, or liquids; (2) M achinery can Oil Company in Dubuque, Iowa. tank vehicles, from the port of entry on the United States-Canada International and equipment for heating, cooling, con­ No. MC-108449 (Sub-No. E18), filed ditioning, humidifying, dehumidifying, Boundary line at Pine Creek, Minne­ and moving of air, gas, or liquids; and May 17, 1974. Applicant: INDIANHEAD sota, to points in Missouri. TRUCK LINE, INC., 1947 West County (3) Parts, attachments, and accessories Road C, St. Paul, Minnesota 55113. Ap­ Note.—The 'authority expires December 6, for use in the installation and operation plicant’s representative: W. A. Myllen­ 1977. of (1) and (2) above, from points in that beck (same as above). Authority sought The purpose of this filing is to elimi­ part of Minnesota on and east of a line to operate as a common carrier, by motor nate the gateways of Mentor, Minn., and beginning at the Minnesota-Iowa State vehicle, over irregular routes, transport­ the Williams Brothers Pipe Line Com­ line, thence along U.S. Highway 218 to ing: Petroleum products, in bulk, in tank pany Terminal located at or near Spencer Owatonna, thence along Interstate High­ vehicles, from Minneapolis and St. Paul, or Spirit Lake, Iowa. way 35 to Minneapolis, thence along Minn., and points within ten miles No. MC-108449 (Sub-lTo. E40), filed U.S. Highway 52 to the Minnesota-South thereof, to points in Missouri. The pur­ Dakota State line, to points in that part pose of this filing is to eliminate the May 17, 1974. Applicant: INDIANHEAD gateway of the Williams Brothers Pipe TRUCK LINE, INC., 1947 West County of Louisiana on, east, and south of a

FEDERAL REGISTER, VOL. 39, NO . 175— M O NDAY, SEPTEMBER 9, 1974 32592 NOTICES

line beginning at the Louisiana-Arkan- No. MC-111545 (Sub-No. E543), filed PORTATION CO., INC., P.O. Box 6426, sas State line, thence along U.S. High­ May 30, 1974. Applicant: HOME Station A, Marietta, Ga. 30062. AppliJ way 167 to Alexandria, thence along U.S. TRANSPORTATION COMPANY, INC., .cant's representative: Robert E. Bom Highway 165 to junction Interstate P.O. Box 6426, Station A, Marietta, (same as above). Authority sought to Highway 10, thence along Interstate Ga. 30062. Applicant’s representative: operate as a common carrier, by motor 10 to the Louisiana-Texas State line, re­ Robert E. Born (same as above). Au­ vehicle, over irregular routes, transport­ stricted to the transportation of com­ thority sought to operate as a common ing: Such tractors (except tractors used modities which, because of size or weight, carrier, by motor vehicle, over irregular in pulling commercial highway trailers), require the use of special equipment. routes, transporting: Machinery and scrapers, motor graders, wagons, engine ’s The purpose of this filing is to eliminate contractor’s equipment, the transporta­ (except aircraft and missile engines), the gateways of Davenport, Iowa, and tion of which, because of size or weight, generators, engines and generators com­ the plant and warehouse facilities of the requires the use of special equipment, bined, welders and road rollers, as are Trane Company at Clarksville, Tenn. from points in Minnesota to points in highway and bridge construction and No. MC-111545 (Sub-No. E531), filed New Mexico. The purpose of this filing is maintenance machinery and equipment May 27, 1974. Applicant: HOME to eliminate the gateway of points in and parts and attachments of and for TRANSPORTATION COMPANY, INC., Missouri. such commodities from points in Iowa, P.O. Box 6426, Station A, Marietta, Ga. No. MC-111545 (Sub-No. E544), filed that part of Illinois on and north of a 30062. Applicant’s representative: Rob­ May 30,1974. Applicant: HOME TRANS­ line beginning at the Hlinois-Iowa State ert E. Born (same as above). Authority PORTATION CO., INC., P.O. Box 6426, line, thence along U.S. Highway 136 to sought to operate as a common carrier, Station A, Marietta, Ga. 30062. Appli­ Heyworth, thence along U.S. Highway 51 by motor vehicle, over irregular routes, cant’s representative: Robert E. Born to Bloomington, thence along U.S. High­ transporting: Self-propelled articles, (same as above). Authority sought to way 66 to Chenoa, thence along US. each weighing 15,000 pounds or more and operate as a common carrier, by motor Highway 24 to the Hlinois-Indiana State related machinery, tools, parts, and sup­ vehicle, over irregular routes, transport­ line, that part of Minnesota on and south plies, moving in connection therewith, ing: (1) Machinery and contractor’s of U.S. Highway 12, and points in Wis­ between points in the Lower Peninsula equipment, the transportation of which, consin, except Green Bay and points of Michigan, on the one hand, and, on because of size or weight, requires the within 50 miles'of Green Bay, to points the other, points in that part of Mis­ use of special equipment, points in Okla­ in Alabama, Florida; Georgia, North souri on and west of a line beginning at homa and Texas, on the one hand, and, Carolina, and South Carolina. The pur­ the Mississippi River, thence along Mis­ on the other, points in Illinois, Iowa, pose of this filing is to eliminate the souri Highway 47 to Hawk Point, thence Minnesota, and that part of Wisconsin gateway of the plant site of Caterpillar along Missouri Highway 47 to Old Mines, within 300 miles of Ames, Iowa (points Tractor Co., at or near Peoria or De­ thence along Missouri Highway 21 to the in Missouri) *; (2) Heavy machinery and catur, HI. Missouri-Arkansas State line, restricted contractor’s equipment, the transporta­ No. MC-113Q08 (Sub-No. E15), filed to the transportation of commodities tion of which, because of size or weight, June 4, 1974. Applicant: ERICKSON which are transported on trailers. The requires the use of special equipment, TRANSPORT CORP., P.O. Box 3180, purpose of this filing is to eliminate the between points in Oklahoma and Texas, Glen Stone Station, Springfield, Mo. gateway of Keokuk, Iowa. on the one hand, and, on the other, 65804. Applicant’s representative: John points in that part of Wisconsin, not No. MC-111545 (Sub-No. E532), filed E. Jandera, 641 Harrison St. Topeka, within 300 miles of Ames, Iowa (points Kansas 66603. Authority sought to oper­ May 30, 1974. Applicant: HOM E in Iowa and points in Missouri)*. The TRANSPORTATION COMPANY, INC., ate as a common carrier, by motor vehi­ purpose of this filing is to eliminate the cle, over irregular routes, transporting: P.O. Box 6426, Station A, Marietta, Ga. gateways indicated by asterisks above. 30062. Applicant’s representative: Rob­ Vinegar, in bulk, in tank vehicles, from ert E. Bom (same as above). Authority No. MC-111545 (Sub-No. E545), filed Nixa, Mo., to points in California. The sought to operate as a common carrier, May 30,1974. Applicant: HOME TRANS­ purpose of this filing is to eliminate the by motor vehicle, over irregular routes, PORTATION CO., INC., P.O. Box 6426, gateway of points in Oklahoma. transporting: Commodities (except knit­ Station A, Marietta, Ga. 30062. Appli­ No. MC-113908 (Sub-No. E27), filed ting machines), the transportation of cant’s representative: Robert E. Bom June 4, 1974. Applicant: ERICKSON which, because of size or weight, requires (same as above). Authority sought to TRANSPORT CORP., P.O. Box 3180, the use of special equipment, from the operate as a common carrier, by motor Glen Stone Station, Springfield, Mo. District of Columbia to points in that vehicle, over irregular routes, transport­ 65804. Applicant's representative: John part of Colorado on, south, and west of a ing: Such tractors (except tractors used E. Jandera, 641 Harrison St., Topeka, line beginning at the Colorado-Kansas in pulling commercial highway trailers), Kansas 66603. Authority sought to oper­ State line, thence along U.S. Highway 24 scrapers, motor graders, wagons, engines ate as a common carrier, by motor vehi­ to Limon, thence along U.S. Highway 40 (except aircraft and missile engines), cle, over irregular routes, transporting: to Denver, thence along U.S. Highway generators, engines and generators com­ Vinegar Stock and vinegar, in bulk, in 87 to the CoJorado-Wyoming State line. bined, welders, and road rollers, as are tank vehicles, from points in California The purpose of this filing is to eliminate machinery and contractor’s equipment, and Washington, to points in New York the gateways of Ringgold, Ga., and from points in Iowa, Minnesota, Ne­ and Pennsylvania. The purpose of this Miami, Okla. braska, Wisconsin, and points in that filing is to eliminate the gateway of part of Illinois on and north of a line be­ points in Texas. No. MC-111545 (Sub-No. E533), filed ginning at the Ulinois-Iowa State line, May 30, 1974. Applicant: HOME thence along U.S. Highway 136 to Hey- No. MC-113908 (Sub-No. E39), filed TRANSPORTATION COMPANY, INC., worth, thence along U.S. Highway 51 June 4, 1974. Applicant: ERICKSON P.O. Box 6426, Station A, Marietta, to Bloomington, thence along U.S. High­ TRANSPORT CORP., P.O. Box 3180, Ga. 30062. Applicant’s representative: way 66 to Chenoa, thence along U.S. Glen Stone Station, Springfield, Mo. Robert E. Born (same as above). Au­ Highway 24 to the Illinois-Indiana State 65804. Applicant’s representative: John thority sought to operate as a common line, to points in Alabama, restricted to E. Jandera, 641 Harrison St., Topeka, carrier, by motor vehicle, over irregular the transportation of commodities which, Kansas 66603. Authority sought to oper­ routes, transporting: Commodities, the because of size or weight, require the use ate as a common carrier, by motor vehi­ transportation of which, because of size of special equipment. The purpose of this cle, over irregular routes, transporting: or weight, requires the use of special filing is to eliminate the gateway of the Vinegar, in bulk, in tank vehicles, from Nixa, Mo., to points in Texas. The pur­ equipment, from points in Ohio to points plant site of Caterpillar Tractor Com­ pose of this filing is to eliminate the in Colorado. The purpose of this filing pany, at or near Peoria, HI. gateway of Rogers, Ark. is to eliminate the gateways of Keokuk, No. MC-111545 (Sub-No. E546), filed No. MC-113908 (Sub-No. E55), filed Iowa, and St. Joseph, Mo. May 30,1974. Applicant: HOME TRANS­ June 4, 1974. Applicant: ERICKSON

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32593 t r a n s p o r t corporation , p .o . erate as a common carrier, by motor lumbus, Ohio 43215. Authority sought Box 3180, G.S.S., Springfield, Mo. vehicle, over irregular routes, transport­ to operate as a common carrier, by motor 65804. Applicant’s representative: John ing: Vinegar, in bulk, in tank vehicles, vehicle, over irregular routes, transport­ E. Jandera, 641 Harrison St., Topeka, from Nixa, Mo., to points in California, ing: Fibre drums, from Van Wert, Ohio, Kans. 66603. Authority sought to oper­ The purpose of this filing is to eliminate to points in Wisconsin and Iowa. The ate as a common carrier, by motor ve­ the gateway of points in Arkansas. purpose of this filing is to eliminate the gateway of Addison, 111. hicle, over irregular routes, transporting: No. MC-113908 (Sub-No. E108), filed Animal fats and animal oils, in bulk, in June 4, 1974. Applicant: ERICKSON No. MC-119531 (Sub-No. E241), filed tank vehicles, from the plant site of Wil­ TRANSPORT, P.O. Box 3180, Glen Stone May 17,1974. Applicant: SUN EXPRESS, son & Co., Inc., at or near Cherokee, Iowa, Station, Springfield, Mo. 65804. Appli­ INC., 5391 Wooster Road, Cincinnati, to points in Mississippi, Alabama, Geor­ cant’s representative: John E. Jandera, Ohio 45226. Applicant’s representative: gia, South Carolina, Tennessee, and 641 Harrison St., Topeka, Kansas 66603. Paul F. Beery, 8 East Broad Street, points in that part of Kentucky south' Authority»sought to operate as a common Columbus, Ohio 43215. Authority sought of U.S. Highway 60. The purpose of this carrier, by motor vehicle, over irregular to operate as a common carrier, by motor filing is to eliminate the gateway of routes, transporting: Vinegar, in bulk, vehicle, over irregular routes, transport­ Springfield or Verona, Mo. in tank vehicle, from Hutchinson, and ing: Paper and paper products, from the No. MC-113908 (Sub-No. E62), filed Wichita, Kansas to points in that part of plant and warehouse sites of Weyer­ June 4, 1974. Applicant: ERICKSON California in and north of San Fran­ haeuser Company at Columbus, Ind., to TRANSPORT CORP., P.O. B ox 3180, cisco, Alameda, San Joaquin, Calaveras, points in New Jersey. The purpose of this Glen Stone Station, Springfield, Mo. and Alpine Counties. The purpose of this filing is to eliminate the gateway of 65804. Applicant’s representative: John filing is to eliminate the gateway of Cleveland, Ohio. E. Jandera, 641 Harrison St. Topeka, points in Missouri. No. MC-119531 (Sub-No. E242), filed Kansas 66603. Authority sought to oper­ No. MC-113908 (Sub-No. E116), filed May 17,1974. Applicant : SUN EXPRESS, ate as a common carrier, by motor ve­ June 4, 1974. Applicant: ERICKSON INC., 5391 Wooster ROad, Cincinnati, hicle, over irregular routes, transporting: TRANSPORT CORPORATION, P.O. Box Ohio 45226. Applicant’s representative: Vinegar, in bulk, in tank vehicles, from 3180 G.S.S., Springfield, Mo. 65804. Ap­ Paul F. Beery, 8 East Broad Street, Fremont, Bailey, and Belding, Mich., to plicant’s representative: John E. Jan­ Columbus, Ohio 43215. Authority sought points in California (except points in, Del dera, 641 Harrison St., Topeka, Kans. to operate as a common carrier, by motor Norte, Siskiyou, Humboldt, Trinity, and 66603. Authority sought to operate as a vehicle, over irregular routes, transport­ Shasta Counties). The purpose of this common carrier, by motor vehicle, over ing: Paper and paper products, from the filing is to eliminate the gateway of irregular routes, transporting: Vinegar, plant site of St. Regis Paper Co., at or points in Tennessee. in bulk, in tank vehicles, from points in near Willis, Mich., to Cleveland, Ohio. No. MC-113908 (Sub-No. E63), filed Washington, to points in that part of The purpose of this filing is to eliminate June 4, 1974. Applicant: ERICKSON Oklahoma east of U.S. Highway 81. The the gateway of that part of Ohio on, TRANSPORT CORP., P.O. Box 3180, purpose of this filing is to eliminate the west, and north of a line beginning at Glen Stone Station, Springfield, Mo. gateway of Marionville, Mo. Sandusky, Ohio, and extending along 65804. Applicant’s representative: John No. MC-113908 (Sub-No! E129), filed Ohio Highway 4 to Marion, thence along E. Jandera, 641 Harrison St., Topeka, June 4, 1974. Applicant: ERICKSON U.S. Highway 3OS to junction U.S. High­ Kansas 66603. Authority sought to oper­ TRANSPORT CORPORATION, P.O. Box way 30 near Delphos, and thence along ate as a common carrier, by motor ve­ 3180 G.S.S., Springfield, Mo. 65804. Ap­ U.S. Highway 30 to the Ohio-Indiana hicle, over irregular routes, transporting: plicant’s representative: John E. Jan­ State line. Beverage base, used as alcoholic liquors dera, 641 Harrison St., Topeka, Kans. No. MC-119531 (Sub-No. E243), filed and neutral spirits, in bulk, in tank vehi­ 66603. Authority sought to operate as a May 29,1974. Applicant: SUN EXPRESS, cles, from Auburndale and Lake Alfred, common carrier, by motor vehicle, over INC., 5391 Wooster Road, Cincinnati, Fla., to Denver, Colo. The purpose of this irregular routes, transporting: Nitrogen Ohio 45226. Applicant’s representative: filing is to eliminate the gateway of liquid fertilizer solution, in bulk, in tank Paul F. Beery, 8 East Broad Street, Co­ Cicero, 111. vehicles, from Nebraska City, Nebr., to lumbus, Ohio 43215. Authority sought to No. MC-113908 (Sub-No. E65), filed points in that part of Iowa on and south operate as a common carrier, by motor June 4, 1974. Applicant: ERICKSON of U.S. Highway 20, and points in that vehicle, over irregular routes, transport­ TRANSPORT CORP., P.O. Box 3180, part of Kansas on and north of a line ing: (A) Paper cartons, from Bremen, Glen Stone Station, Springfield, Mo. beginning at the Colorado-Kansas State Canal Winchester, and Lancaster, Ohio, 65804. Applicant’s representative: John line, thence along U.S. Highway 40 to (1) to points in Wisconsin and (2) to E. Jandera, 641 Harrison St., Topeka, junction Interstate Highway 70, thence points in Missouri; and (B) Fiberboard Kansas 66603. Authority sought to oper­ along Interstate Highway 70 to junction cartons, to points in Minneosta. The pur­ ate as a common carrier, by motor ve­ U.S. Highway 40, thence along U.S. High­ pose of this filing is to eliminate the hicle, over irregular routes, transporting: way 40 to the Kansas-Missouri State line. gateways of (1) Rockdale, HI., for (A) (1) Vinegar, vinegar stock, and apple juice, The purpose of this filing is to eliminate above; (2) the plant and warehouse sites in bulk, in tank vehicles, (1) from points the gateway of Waverly, Mo. of Weyerhaeuser Company at Columbus, in Texas, to points in New York, Penn­ No. MC-114301 (Sub-No. Ell), filed Ind., for (A) (2) above; and (3) Ander­ sylvania, and Maryland; and (2) points May 30, 1974. Applicant: DELAWARE son, Ind., for (B) above. in that part of Texas on and west of a EXPRESS CO., P.O. Box 97, Elkton, Md. No. MC-119531 (Sub-No. E244), filed line beginning at the Oklahoma-Texas 21921. Applicant’s representative: Walter May 29,1974. Applicant: SUN EXPRESS, State line, thence along U.S. Highway J. Winther (same as above). Authority INC., 5391 Wooster Road, Cincinnati, 81 to junction U.S. Highway 281, thence sought to operate as a common carrier, Ohio 45226. Applicant’s representative f along U.S. Highway 281 to the United by motor vehicle, over irregular routes, Paul F. Beery, 8 East Broad Street, Co­ States-Mexico International Boundary transporting: Liquid fertilizer, in bulk, lumbus, Ohio 43215. Authority sought to line near Hidalgo to points in Delaware. in tank vehicles, from Baltimore, Md., to operate as a common carrier, by motor The purpose of this filing is to eliminate points in Maryland, Pennsylvania, and vehicle, over irregular routes, transport­ the gateway of Belding, Mich. Delaware, within 20 miles of Newark, ing: (1) Pulpboard, from Noblesville, Del., and Cranbury, N.J. The purpose of No. MC-113908 (Sub-No. E100), filed Ind., (a) to points in West Virginia, and this filing is to eliminate the gateway of (b) to Cleveland, Ohio, and (2) Pulp- June 4, 1974. Applicant: ERICKSON Newark, Del., and Havre de Grace, Md. TRANSPORT CORP., P.O. Box 3180, board containers, from Noblesville, Ind., Glen Stone Station, Springfield, Mo. No. MC-119531 (Sub-No. E196), filed to points in Maryland. The purpose of May 25,1974. Applicant: SUN EXPRESS, this filing is to eliminate the gateways 65804. Applicant’s representative: John INC., 5391 Wooster Road, Cincinnati, of (a) Circleville, Ohio for (1) (a) above; E. Jandera, 641 Harrison St., Topeka, Ohio 45226. Applicant’s representative: (b) points in Ohio for (1) (b) above; and Kansas 66603. Authority sought to op­ Paul F. Beery, 8 East Broad St., Co­ (c) Mt. Vernon, Ohio for (2) above.

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 32594 NOTICES

No. MC-119531 (Sub-No. E246), filed ing: Corrugated paper cartons, knocked Paul F. Beery, 8 East Broad St., Colum­ May 29,1974. Applicant: SUN EXPRESS, down, from the plant site and warehouse bus, Ohio 43215. Authority sought to op­ INC., 5391 Wooster Road, Cincinnati, facilities of Container Corporation of erate as a common carrier, by motor ve­ Ohio 45226. Applicant’s representative: America and Continental Can Company, hicle, over irregular routes, transporting: Paul P. Beery, 8 East Broad Street, Co­ Inc., at St. Louis, Mo., and from the plant Metal containers, closures for metal con­ lumbus, Ohio 43215. Authority sought to site and warehouse facilities of Container tainers, and equipment, used in the man­ operate as a common carrier, by motor Corporation of America at Chesterfield, ufacture, sale, and distribution of metal vehicle, over irregular routes, transport­ Mo., points in Michigan on and south of containers and metal container closures ing: Paper and paper products, (1) from a line beginning at Ludington, Mich., and from Baltimore, Md., North Bergen, N.J.] the plant and warehouse sites of Weyer­ extending along U.S. Highway 10 to Sagi­ and Winchester, Va., to points in Arkan­ haeuser Company at Columbus, Ind., to naw, thence along U.S. Highway 23 to- sas, Kansas, Minnesota, and Nebraska, points in New Jersey; (2) from the plant Bay City, thence along the shore of the restricted (1) to the transportation of and warehouse sites of Weyerhaeuser Saginaw Bay to the shore of Lake Huron, traffic originating at the plant site and Company at Columbus, Ind., to points in and thence along the shore of Lake Hu­ warehouse facilities of Crown Cork and New York and Pennsylvania. The pur­ ron to Port Huron. The purpose of this Seal Co., Inc. at Baltimore, Md., North pose of this filing is to eliminate the filing is to eliminate the gateway of Bergen, N.J., and Winchester, Va.; (2) gateways of (a) Cleveland, Ohio, for (1) Anderson, Ind. against the transportation of commodi­ above; and (b) the plant and warehouse No. MC-119531 (Sub-No. E250), filed ties in bulk; (3) to movement in mixed sites of Container Corporation of Amer­ loads with the commodities specified ica at Ravenna, Ohio, for (2) above. May 29,1974. Applicant: SUN EXPRESS, INC., 5391 Wooster Road, Cincinnati, above; and (4) against the transporta­ No. MC-119531 (Sub-No. E247), filed Ohio 45226. Applicant’s representative: tion of commodities requiring the use May 29,1974. Applicant: SUN EXPRESS, Paul F. Beery, 8 East Broad Street, Co­ of special equipment. The purpose of INC., 5391 Wooster Road, Cincinnati, lumbus, Ohio 43215. Authority sought to this filing is to eliminate the gateway of Ohio 45226. Applicant’s representative: operate as a common carrier, by motor Cincinnati, Ohio. Paul F. Beery, 8 East Broad Street, Co­ vehicle, over irregular routes, transport­ No. MC-119531 (Sub-No. E254), filed lumbus, Ohio 43215. Authority sought to ing : Corrugated paper cartons, from the May 29,1974. Applicant: SUN EXPRESS, operate as a common carrier, by motor plant and warehouse facilities of Con­ INC., 5391 Wooster Road, Cincinnati, vehicle, over irregular routes, transport­ tainer Corporation of America and Con­ Ohip 45226. Applicant’s representative: ing: (A) Pulpboard and pulpboard prod­ tinental Can Company, Inc., at St. Louis, Paul F. Beery, 8 East Broad St., Colum­ ucts, from Medina, Ohio, to points in Mo., and from the plant site and ware­ bus, Ohio 43215. Authority sought to op­ Indiana and Illinois; (B) Fiberboard house facilities of Container Corporation erate as a common carrier, by motor ve­ containers, from Medina, Ohio, to points of America at Chesterfield, Mo., to points hicle, over irregular routes, transporting: in Minnesota; (C) Paper cartons, from in West Virginia. The purpose of this Fiber board containers, from Indiana, Medina, Ohio, to points in Wisconsin; filing is to eliminate the gateway of (2) to points in Minnesota, and (3) to and (D) Pulpboard and pulpboard prod­ Circleville, Ohio . points in Kentucky on and west of Inter­ ucts, from Medina, Ohio, to points in No. MC-119531 (Sub-No. E251), filed state Highway 65 and points in Missouri. Missouri. The purpose of this filing is to May 29,1974. Applicant: SUN EXPRESS, The purpose of this filing is to eliminate eliminate the gateways of (1) Cleveland, INC., 5391 Wooster Road, Cincinnati, the gateways of (A) Cleveland, Ohio for Ohio for (A) above; (2) Cleveland, Ohio Ohio 45226. Applicant’s representative: (1) above, (5) Cleveland, Ohio, and An­ and Anderson, Ind. for (B) above; (3) Paul F. Beery, 8 East Broad Street, Co­ derson, Ind. for (2) above, and (C) Cleveland, Ohio and Rockdale, HI. for lumbus, Ohio 43215. Authority sought to Cleveland, Ohio and the plant site and (C) above; and (4) Cleveland, Ohio and operate as a common carrier, by motor warehouse site of Weyerhaeuser Com­ the plant and warehouse sites of Weyer­ vehicle, over irregular routes, transport­ pany at Columbus, Ind. haeuser Company at Columbus, Hid. for ing: Pulpboard, boxes, from the plant site (D) above. No. MC-119531 (Sub-No. E255), filed of Container Corporation of America at June 2,1974. Applicant: SUN EXPRESS, No. MC-119531 (Sub-No. E248), filed Carol Stream, HI., (a) to points in New INC., 5391 Wooster Road, Cincinnati, May 29,1974. Applicant: SUN EXPRESS, York, New Jersey, and Pennsylvania; and Ohio 45226. Applicant’s representative: INC., 5391 Wooster Road, Cincinnati, (b) to points in West Virginia. The pur­ Paul F. Beery, 8 East Broad St., Colum­ Ohio 45226. Applicant’s representative: pose of this filing is to eliminate the gate­ bus, Ohio 43215. Authority sought to op­ Paul F. Beery, 8 East Broad Street, Co­ ways of (1) Cleveland, Ohio, for (a) erate as a common carrier, by motor lumbus, Ohio 43215. Authority sought to above; and (2) Circleville, Ohio, for (b) vehicle, over irregular routes, transport­ operate as a common carrier, by motor above. ing: Scrap paper and waste paper, from vehicle, over irregular routes, transport­ NOi MC-119531 (Sub-No. E252), filed points in West Virginia, to points in Mis­ ing: Pulpboard and pulpboard products, May 25,1974. Applicant: SUN EXPRESS, souri (except points east of a line begin­ from points in Indiana on and north of INC., 5391 Wooster Road, Cincinnati, ning at Crystal City, Mo., and extending U.S. Highway 30 to that part of Kentucky Ohio 45226. Applicant’s representative: along U.S. Highway 67 to the Missouri- on and east of Interstate Highway 75, Paul F. Beery, 8 East Broad Street, Co­ Arkansas State line). The purpose of this and from points in Indiana on and east lumbus, Ohio 43215. Authority sought to filing is to eliminate the gateway of the of a line beginning at the Michigan-Indi- operate as a common carrier, by motor plant and warehouse sites of Weyer­ ana State line and extending along Indi­ vehicle, over irregular routes, transport­ haeuser Co. at Columbus, Ind. ana State Highway 9 to Columbia City, ing: (A) Fiberboard containers, from No. MC-119531 (Sub-No. E256), filed thence along U S. Highway 30 to the Cincinnati, Ohio, to points in Minne­ Indiana-Ohio State line, to points in June 2,1974. Applicant: SUN EXPRESS, sota, and Wisconsin, and (B) pulpboard INC., 5391 Wooster Road, Cincinnati, Kentucky on and east of Interstate High­ and pulpboard products, from Cincin­ way 65 (except Louisville). The purpose Ohio 45226. Applicant’s representative: nati, Ohio, to points in Missouri. The Paul F. Beery, 8 East Broad Street, Co­ of this filing is to eliminate the gateway purpose of this filing is to eliminate the of Cincinnati, Ohio. lumbus, Ohio 43215. Authority sought to gateways of Anderson, Ind. for (A) operate as a common carrier, by motor No. MC-119531 (Sub-No. E249), filed above and (2) the plant and warehouse vehicle, over irregular routes, transport­ May 29,1974. Applicant: SUN EXPRESS, sites of Weyerhaueuser Company at Co­ ing: Paper boxes, knocked down, from INC., 5391 Wooster Road, Cincinnati, lumbus, Ind., for (B) above. Louisville, Ky., and Jeffersonville, Ind., to Ohio 45226. Applicant’s representative: points in Michigan on and south of a line Paul F. Beery, 8 East Broad Street, Co­ No. MC-119531 (Sub-No. E253), filed beginning at Ludington, Mich., and ex­ lumbus, Ohio 43215. Authority sought to May 29,1974. Applicant: SUN EXPRESS, tending along U.S. Highway 10 to Sagi­ operate as a common carrier, by motor INC., 5391 Wooster Road, Cincinnati, naw, thence along U.S. Highway 23 to vehicle, over irregular routes, transport­ Ohio 45226. Applicant’s representative: Bay City, thence along the shore of the

FEDERAL REGISTER. VOL. 39. NO . 175— M ONDAY, SEPTEMBER 9, 1974 NOTICES 32595

Saginaw Bay to the shore of Lake Huron, York, and Pennsylvania, and (c) to Ohio 45226. Applicant’s representative: and thence along the shore of Lake points in Kentucky on and east of In­ Paul P. Beery, 8 East Broad St., Colum­ bus, Ohio 43215. Authority sought to H u ron to Port Huron, restricted to traf­ terstate Highway 65. The purpose of this filing is to eliminate the gateway operate as a common carrier, by motor fic originating at the plant and ware­ vehicle, over irregular routes, transport­ h ouse sites of Container Corporation of of (1) points in Indiana for (a) above, ing: (A) Empty glass containers, from A m erica at Louisville, Ky., and Jefferson­ (2) points in Indiana and Cleveland, the plant site of the Liquid Box Corp., ville, Ind. The purpose of this filing is to Ohio for (b) above, and (3) the plant eliminate the gateway of Anderson, Ind. and warehouse sites of Weyerhaeuser and the plant site of Continental Can Company at Columbus, Ind. Company, Worthington, Ohio, to points No. MC-119531 (Sub-No. E257), filed in Minnesota and Iowa; and (B) Glass June 2,1974. Applicant: SUN EXPRESS, No. MC-119531 (Sub-No. E263), filed containers, from the plant site of the INC., 5391 Wooster Road, Cincinnati, May 29,1974. Applicant: SUN EXPRESS, Liquid Box Corp., and the plant site of Ohio 45226. Applicant’s representative: INC., 5391 Wooster Road, Cincinnati, Continental Can Co., Worthington, Ohio, Paul P. Beery, 8 East Broad St., Co­ Ohio 45226. Applicant’s representative: to points in Missouri. The purpose of this lumbus, Ohio 43215. Authority sought to Paul F. Beery, 8 East Broad St., Colum­ filing is to .eliminate the gateways of (1) operate as a common carrier, by motor bus, Ohio 43215. Authority sought to Lapel, Ind*, for (A) above, and (2) the vehicle, over irregular routes, transport­ operate as a common carrier, by motor plant and warehouse sites of Midland ing: Wood pulp, scrap paper, and sup­ vehicle, over irregular routes, transport­ Glass Co., Inc., at or near Terre Haute, plies (except commodities in bulk), used ing: Molded plastic containers, from the plant site and warehouse facilities of Ind. in the manufacture of pulpboard and No. MC-119531 (Sub-No. E271), filed pulpboard products, from points in Ken­ Continental Can Company, Inc., at Three Rivers, Mich., to points in Tennessee on May 25,1974. Applicant: SUN EXPRESS, tucky (except points east of a line begin­ and west of Tennessee Highway 69, re­ Il^C., 5391 Wooster Road, Cincinnati, ning at the Indiana-Kentucky State line stricted to the transportation of traffic Ohio 45226. Applicant’s representative: and extending along Kentucky Highway originating at the above-described origin Paul P. Beery, 8 East Broad St., Colum­ 69 to its intersection with U.S. Highway point. The purpose of this filing is to bus, Ohio 43215. Authority sought to 231, thence along U.S. Highway 231 to its eliminate the gateway of Chicago, 111. operate as a common carrier, by motor intersection with Interstate Highway vehicle, over irregular routes, transport­ 65, and thence along Interstate Highway No. MC-119531 (Sub-No. E264), filed ing: Empty glass containers, from Zanes­ 65 to the Kentucky-Tennessee State June 2,1974. Applicant: SUN EXPRESS, ville, Ohio, to points in Wisconsin, Min­ line) and points in Missouri, to Cincin­ INC., 5391 Wooster Road, Cincinnati, nesota, and Iowa. The purpose of this nati, Ohio. The purpose of this filing is to Ohio, 45226. Applicant’s representative: Paul P. Beery, 8 East Broad St., Colum­ filing is to eliminate the gateway of eliminate the gateway of the plant and Lapel, Ind. warehouse sites of Weyerhaeuser Com­ bus, Ohio 43215. Authority sought to pany at Columbus, Ind. operate as a common carrier, by motor No. MC-119531 (Sub-No. E272), filed vehicle, over irregular routes, transport­ May 26,1974. Applicant: SUN EXPRESS, No. MC-119531 (Sub-No. E259), filed ing: Glass containers, from Rockdale, INC., 5391 Wooster Road, Cincinnati, June 2,1974. Applicant: SUN EXPRESS, HI., (a) to points in West Virginia, and Ohio 45226. Applicant's representative: INC., 5391 Wooster Road, Cincinnati, (b) to New York, N.Y. The purpose of Paul P. Beery, 8 East Broad St., Colum­ Ohio 45226. Applicant’s representative: this filing is to eliminate the gateways bus, Ohio 43215. Authority sought to Paul P. Beery, 8 East Broad St., Co­ of (1) Zanesville, Ohio, for (a) above, operate as a common carrier, by motor lumbus, Ohio 43215. Authority sought to and (2) Zanesville, Ohio, and Vienna, vehicle, over irregular routes, transport­ operate as a common carrier, by motor W. Va. for (b) above. ing: Pulpboard cartons, from the plant vehicle, over irregular routes, transport­ and warehouse sites of Fremont Con­ ing: Fibreboard cans, from the plant and No. MC-119531 (Sub-No, E265), filed June 2, 1974. Applicant: SUN EXPRESS, tainer Co. at Fremont, Ohio, to points in warehouse sites of Container Corpora­ Wisconsin. The purpose of this filing is tion of America at Raveriha, Ohio, to INC., 5391 Wooster Road, Cincinnati, Ohio 45226. Applicant’s representative: to eliminate the gateway of Rockdale, points in New Jersey on and north of 111. U.S. Highway 30. The purpose of this Paul P. Beery, 8 East Broad St,, Colum­ filing is to eliminate the gateway of bus, Ohio 43215. Authority sought to No. MC-119531 (Sub-No. E274), filed Bradford, Pa. operate as a Common carrier, by motor May 26, 1974. Applicant: SUN EX­ vehicle, over irregular routes, transport­ PRESS, INC., 5391 Wooster Road, Cin­ No. MC-119531 (Sub-No. E260), filed ing: Molded plastic containers, from cinnati, Ohio 45226. Applicant’s repre­ June 2,1974. Applicant: SUN EXPRESS, Massillon, Ohio, to points in Wisconsin. sentative: Paul P. Beery, 8 East Broad INC., 5391 Wooster Road, Cincinnati, The purpose of this filing is to eliminate St., Columbus, Ohio 43215. Authority Ohio 45226. Applicant’s representative: the gateway of Chicago, 111. sought to operate as a common carrier, Paul P. Beery, 8 East Broad Street, Co­ by motor vehicle, over irregular routes, lumbus, Ohio 43215. Authority sought to No. MC-119531 (Sub-No. E266), filed June 2,1974. Applicant: SUN EXPRESS, transporting: Supplies used in the man­ operate as a common carrier, by motor ufacture of pulpboard (except in bulk), vehicle, over irregular routes, transport­ INC., 5391 Wooster Road, Cincinnati, Ohio 45226. Applicant’s representative: from points in New York and Pennsyl­ ing: Fibre drums, from Louisville, Ky., to vania, to Chicago and Rock Island, 111. points in Wisconsin, and points in Iowa Paul P. Beery, 8 East Broad St., Colum­ bus, Ohio 43215. Authority sought to The purpose of this filing is to eliminate (except points south of a line beginning the gateway of Coshocton, 111. at Muscatine, Iowa, and extending along operate as a common carrier, by motor Iowa Highway 92 to Winterset, and vehicle, over irregular routes, transport­ No. MC-125335 (Sub-No. E9), filed thence along U.S. Highway 169 to the ing: (A) Pulpboard and pulpboard prod­ June 4, 1974. Applicant: GOOD-WAY, Iowa-Missouri State line. The purpose of ucts, from Circleville, Ohio, to Addison, INC., P.O. Box 2283, York, Pa. 17405. this filing is to eliminate the gateway of 111., and (B) Fiber cylindrical containers, Applicant’s representative: Chester A. Addison, 111. from Circleville, Ohio, to points in Iowa Zyblut, 1522 K Street NW., Washington, (except points south of a line beginning D.C. 20005. Authority sought to operate No. MC-119531 (Sub-No. E261), filed at Muscatine, Iowa, and extending along as a common carrier, by motor vehicle, June 2,1974. Applicant: SUN EXPRESS, Iowa Highv/ay 92 to Winterset and thence over irregular routes, transporting: INC., 5391 Wooster Road, Cincinnati, along U.S. Highway 169 to the Iowa- Frozen foods (except dressed poultry) Ohio 45266. Applicant’s representative: Missouri State line). The purpose of this from points in West Virginia east of In­ Paul P. Beery, 8 East Broad St., Colum­ filing is to eliminate the gateways of terstate Highway 77 to points in Mas­ bus, Ohio 43215. Authority sought to (1) Anderson, Ind., for (A) above, and sachusetts, Connecticut, Rhode Island, operate as a common carrier, by motor (2) Anderson, Ind., and Addison, 111. New Jersey, and the District of Colum­ vehicle, over irregular routes, transport­ bia, points in Maryland, Pennsylvania, ing: Corrugated pulpboard boxes, from No. MC-119531 (Sub-No. E268), filed Virginia, and West Virginia within 40 North Chicago, 111., (a) to Cleveland, May 25,1974. Applicant: SUN EXPRESS, miles of Hagerstown, Md., points in Ohio, (b) to points in New Jersey, New INC., 5391 Wooster Road, Cincinnati, Pennsylvania in excess of 40 miles of Ha-

FEDERAL REGISTER, VOL. 39, NO . 175— M ONDAY, SEPTEMBER 9, 1974 No. 175------9 32596 NOTICES

gerstown east of U.S. Highway 11 and hicle, over irregular routes, transporting: No. MC-134755 (Sub-No. E l), filed south of U.S. Highway 22, points in New Frozen foods (except dressed poultry), June 4,1974. Applicant: CHARTER EX­ York on and east of Interstate Highway from points in Massachusetts, Connecti­ PRESS, INC., 1959 East Turner, Spring- 87, points in North Carolina, and Geor­ cut, New York, New Jersey, Delaware, field, Mo. 65804. Applicant’s representa­ gia on and east of Interstate Highway Pennsylvania, the District of Columbia, tive: Warren H. Sapp, Suite 910 Fairfax 95, points in Florida and Louisiana, and and points in Maryland, West Virginia, Bldg., 101 West Eleventh, Kansas City, Mobile, Ala. The purpose of this filing and Virginia within 40 miles of Hagers­ Mo. 64105. Authority sought to operate is to eliminate the gateway of Hagers­ town, Md., to points in North Carolina, as a common carrier, by motor vehicle, town, Md., and Winchester, Va. South Carolina, Kentucky, Tennessee, over irregular routes, transporting: (l)’ No. MC-125335 (Sub-No. E10), filed Georgia, Alabama, Louisiana, and Flor­ Meats, meat products, and meat by­ June 4, 1974. Applicant: GOOD-WAY, ida. The purpose of this filing is to elimi­ products, and articles, distributed by INC., P.O. Box 2283, York, Pa. 17405. nate the gateway of Winchester, Va., and meat-packing houses, as described in Applicant’s representative: Chester A. Hagerstown, Md. Sections A and C of Appendix I to the Zyblut, 1522 K Street NW., Washington, No. MC-125335 (Sub-No. E13), filed report in Descriptions on M otor Carrier D.C. 20005. Authority sought to operate June 4, 1974. Applicant: GOOD-WAY, Certificates, 61 M.C.C. 209 and 766 (ex­ as a common carrier, by motor vehicle, INC., P.O. Box 2283, York, Pa. 17405. cept commodities in bulk in tank vehi­ over irregular routes, transporting: Applicant’s representative: Chester A. cles) , from the site of the plant of Iowa Frozen foods (except dressed poultry), Zyblut, 1522 K St. NW., Washington, Beef Packers, Inc., located at or near from points in the District of Columbia 'D.C. 20005. Authority sought to operate Emporia, Kansas to points in Massachu­ to points in West Virginia, Ohio, Indi­ as a common carrier, by motor vehicle, setts, Maine, Connecticut, Vermont, New ana, Michigan, Illinois, Wisconsin, Min­ over irregular routes, transporting: Hampshire, Rhode Island, New York, nesota, Iowa, Nebraska, Kentucky, Ten­ Frozen foods (except dressed poultry), New Jersey, Delaware, Maryland, Penn­ nessee, North Carolina, South Carolina, (1) from points in Massachusetts and sylvania, West Virginia, Virginia, and Georgia, Alabama, Louisiana, Florida, Connecticut to Hagerstown, Md., and the District of Columbia (Springfield, and Hagerstown, Maryland, and points points in Pennsylvania, Maryland, and M o.);* (2) Meats, meat products, and in Maryland, Virginia, and Pennsylvania, Virginia within 40 miles of Hagerstown, meat by-products, and articles dis­ within 40 miles of Hagerstown, points in points in Maryland (except as previously tributed by meat-packing houses, as de­ Pennsylvania (except as previously noted) west of a line from the Maryland- scribed in Sections A and C of Appendix noted) on, and west of U.S. Highway West Virginia State line along U.S. High­ I to the report in Descriptions in Motor 219, and those points in Maryland west Carrier Certificates, 61 M.C.C. 209 and way 522 to the junction of Interstate 766 (except hides and commodities in of a line from the Maryland-West Vir­ Highway 70, thence along Interstate ginia State line along U.S. Highway 522 bulk, in tank vehicles), from the plant- Highway 70 to the Maryland-Pennsyl­ site and storage facilities of Missouri to the junction of Interstate Highway vania State line, points in Pennsylvania 70, thence along Interstate Highway 70 Beef Packers, Inc., at or near Phelps (except as previously noted) on, and west City, Mo., to points in Massachusetts, to the Maryland-Pennsylvania State of U.S. Highway 219, points in West Vir­ line. The purpose of this filing is to elim­ Maine, Connecticut, Vermont, New ginia, Ohio, Indiana, Illinois, Michigan, Hampshire, Rhode Island, New York, inate the gateways of Winchester, Va., Wisconsin, Minnesota, Iowa, and Ne­ and Hagerstown, Md. New Jersey, Delaware, Maryland, Penn­ braska; (2) from points in New York sylvania, West Virginia, Virginia, and No. MC-125335 (Sub-No. E ll), filed on and south of U.S. Highway 1-84, and the District of Columbia restricted to the June 4, 1974. Applicant: GOOD-WAY, points in New Jersey on and north of New transportation of traffic originating at INC., P.O. Box 2283, York, Pa. 17405. Jersey Highway 33 to Hagerstown, Md., the plantsite and storage facilities of Applicant’s representative: Chester A. and points in Pennsylvania, Maryland, Missouri Beef Packers, Inc., at or near Zyblut, 1522 K Street NW., Washington, and Virginia within 40 miles of Hagers­ Phelps City, Mo. (Macon, Mo.);* (3) D.C. 20005. Authority sought to operate town, Md., and points in Maryland (ex­ Unfrozen bakery goods, from the plant- as a common carrier, by motor vehicle, cept as previously noted) west of a Hrn=> site of the United States Baking Co. at over irregular routes, transporting: from the Maryland-West Virginia State Seeleyville, Ind., to points in Colorado Frozen food (except dressed poultry), line along U.S. Highway 522 to the junc­ (Sedalia, M o.); * (4) Cheese, from points from points in Pennsylvania on and east tion of Interstate Highway 70, thence in Kansas, to New York, N.Y., and Balti­ of Interstate Highway 81 and south of along Interstate Highway 70 to -the more, and Hagerstown, Md. (Springfield, Interstate Highway 78 to Hagerstown, Maryland-Pennsylvania State line, Mo.).* The purpose of this filing is to Md., and points in Maryland, Virginia, points in Pennsylvania (except as pre­ ' eliminate the gateways indicated by and Pennsylvania within 40 miles of viously noted) on and west of U.S. High­ asterisks above. Hagerstown and points in Maryland (ex­ way 219, and points in West Virginia, cept as previously noted) west of a line Ohio, Indiana, Michigan, Illinois, Wis­ No. MC-136553 (Sub-No. E2), filed from the Maryland-West Virginia State consin, Minnesota, Iowa, and Nebraska, June 3, 1974. Applicant: ART PAPE line along U.S. Highway 522 to the junc­ and (3) from points in New Jersey on and TRANSFER, INC., 1080 East 12th St., tion of Interstate Highway 70, thence south of New Jersey Highway 33, and Dubuque, Iowa 52001. Applicant’s repre­ along Interstate Highway 70 to the points in Delaware to Hagerstown, Md., sentative: Arthur Pape (same as above). Maryland-Pennsylvania State line, and points in Maryland, Pennsylvania, Authority sought to operate as a common points in Pennsylvania (except as pre­ and Virginia within 40 miles of Hagers­ carrier, by motor vehicle, over irregular viously noted), on, and west of U.S. town, points in Maryland (except as pre­ routes, transporting: Fertilizer and fer­ Highway 119 south of Interstate High­ viously noted) west of a line from the tilizer materials, dry, in bags, and in bulk (except tank vehicles), from Dubuque, way 80 and on and west of U.S. Highway Maryland-West Virginia State line along 219 north of Interstate Highway 80, and U.S. Highway 522 to the junction of In­ Iowa, to points in Nebraska on and west points in West Virginia, Ohio, Indiana, terstate Highway 70, thence along Inter­ of a line beginning at the South Dakota- Michigan, Illinois, Wisconsin, Minnesota, state Highway 70 to the Maryland- Nebraska State line, thence along U.S. Iowa, and Nebraska. The purpose of this Pennsylvania State line, points in Penn­ Highway 83 to its junction with Ne­ filing is to eliminate the gateways of sylvania (except as previously noted) on braska Highway 2, thence along Ne­ Hagerstown, Md., and Winchester, Va. and west of U.S. Highway 119 south of braska Highway 2 to its junction with No. MC-125335 (Sub-No. E12), filed U.S. Highway 1-80, and on and west of Nebraska Highway 21, thence along June 4, 1974. Applicant: GOOD-WAY, U.S. Highway 219, north of U.S. Highway Nebraska Highway 21 to its junction INC., P.O. Box 2283, York, Pa. 17405. 1-80, and points in West Virginia, Ohio, Indiana, Michigan, Illinois, Wisconsin, with U.S. Highway 283, thence along Applicant’s representative: Chester A. Minnesota, Iowa, and Nebraska. The pur­ U.S. Highway 283 to the Nebraska-Kan- Zyblut, 1522 K Street NW., Washing­ pose of this filing is to eliminate the gate­ sas State line. The purpose of this filing ton, D.C. 20005. Authority sought to op­ way of Hagerstown, Md., and Win­ is to eliminate the gateway of Rock Is­ erate as a common carrier, by motor ve­ chester, Va. land, 111., and Webster City, Iowa.

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No. MC-136553 (Sub-No. E3), filed No. MC-136553 (Sub-No. E9), filed and fertilizer materials, dry, in bulk, in June 3, 1974. Applicant: ART PAPE June 3, 1974. Applicant: ART PAPE dump vehicles, from Clinton, Iowa, to TRANSFER, INC., 1080 East 12th St., TRANSFER, INC., 1080 East 12th points in Indiana east of U.S. Highway Dubuque, Iowa 52001. Applicant’s rep­ Street, Dubuque, Iowa 52001. Applicant’s 31 and south of U.S. Highway 24, and resentative: Arthur Pape (same as representative: Arthur Pape (same as points in Michigan within an area be­ above). Authority sought to operate as a above). Authority sought to operate as a ginning at St. Joseph, and extending common carrier, by motor vehicle, over common carrier, by motor vehicle, over along Lake Michigan to Muskegon, irregular routes, transporting: Fertilizer irregular routes, transporting: Fertilizer thence along Interstate Highway 96 to and fertilizer materials, dry, in bags, and and fertilizer materials, dry, in bags and its junction with U.S. Highway 27, in bulk (except in tank vehicles), from in bulk (except in tank vehicles), from thence along U.S. Highway 27 to the Rock Island, 111., to points in Minnesota. Dubuque, Iowa, to points in Indiana on Michigan-Indiana State line, thence The purpose of this filing is to eliminate and east of U.S. Highway 31 and on and along the Michigan-Indiana State line the gateway of Dubuque, Iowa. south of U.S. Highway 24, and points in to U.S. Highway 33, thence along U.S. Michigan commencing at St. Joseph, Highway 33 to St. Joseph, Mich. The pur­ No. MC-136553 (Sub-No. E4), filed Mich., and extending along Lake Michi­ pose of this filing is to eliminate the gate­ June 3, 1974. Applicant: ART PAPE gan to Muskegon, thence along Inter­ way of Streator, 111. TRANSFER, INC., 1080 East 12th St., state Highway 96 to its junction with No. MC-136553 (Sub-No. E13), filed D ubuque, Iowa 52001. Applicant’s repre­ U.S. Highway 27, thence along U.S. High­ sentative: Arthur Pape (same as above). June 3, 1974. Applicant: ART PAPE way 27 to the Michigan-Indiana State TRANSFER, INC., 1080 East 12th Street, Authority sought to operate as a common line, thence along the Michigan-Indiana carrier, by motor vehicle, over irregular Dubuque, Iowa 52001. Applicant’s repre­ State line to U.S. Highway 33, thence sentative: Arthur Pape (same as above). routes, transporting: Dry fertilizer and along U.S. Highway 33 to St. Joseph, dry fertilizer materials, from Rock Authority sought to operate as a common Mich. The purpose of this filing is to carrier, by motor vehicle, over irregular Island, HI,, to points in Indiana and those eliminate the gateway of Streator, 111. in that part of Michigan on and' west of routes, transporting: Dry fertilizer and U.S. Highway 27, and on and south of- No. MC-136553 (Sub-No. E10), filed fertilizer materials, from Henry, 111., to Interstate Highway 96. The purpose of June 3, 1974. Applicant: ART PAPE points in Nebraska (except points on, this filing is to eliminate the gateway of TRANSFER, INC., 1080 East 12 th south, and east of a line beginning at Streator, 111. St., Dubuque, Iowa 52001. Applicant’s the Iowa-Nebraska State line, and ex­ representative: Arthur Pape, (same as tending along Interstate Highway 80 to No. MC-136553 (Sub-No. E6), filed above). Authority sought to operate as a its intersection with U.S. Highway 77, June 3, 1974. Applicant: ART PAPE common carrier, by motor vehicle, over thence along U.S. Highway 77 to the TRANSFER, INC., 1080 East 12th St., irregular routes, transporting: Fertilizer Nebraska-Kansas State line). The pur­ Dubuque, Iowa 52001. Applicant’s repre­ and fertilizer materials, dry, in bags, and pose of this filing is to eliminate the sentative: Arthur Pape (same as above). in bulk (except tank vehicles), from gateway of Webster City, Iowa. Authority sought to operate as a common Dubuque, Iowa, to points in Iowa on and carrier, by motor vehicle, over irregular south of a line beginning at Davenport, No. MC-136553 (Sub-No. E14), filed routes, transporting: Dry fertilizer, in Iowa, and extend along U.S. Highway 61 June 3, 1974. Applicant: ART PAPE bags, from Fulton* 111., to points in to its junction with Iowa Highway 92, TRANSFER, INC., 1080 East 12th Street, Nebraska on or west of U.S. Highway 385. thence along Iowa Highway 92 to its Dubuque, Iowa 52001. Applicant’s repre­ The purpose of this filing is to eliminate junction with Iowa Highway 48, thence sentative: Arthur Pape (same as above). the gateway of Dubuque, Iowa, Rock along Iowa Highway 48 to its junction Authority sought to operate as a common Island, 111., and Webster City, Iowa. with U.S. Highway 6, thence along U.S. carrier, by motor vehicle, over irregular routes, transporting: Fertilizer and fer­ No. MC-136553 (Sub-No. E7), filed Highway 6 to the Iowa-Nebraska State line. The purpose of this filing is to tilizer materials, dry, in bulk, in dump June 3, 1974. Applicant: ART PAPE vehicles, from Clinton, Iowa, to points in TRANSFER, INC., 1080 East 12th St., eliminate the gateway of Rock Island, 111. Nebraska (except those points on, south, Dubuque, Iowa 52001. Applicant’s repre­ and east of a line beginning at the Iowa- sentative: Arthur Pape (same as above). No. MC-136553 (Sub-No. E ll), filed Nebraska State line and extending along Authority sought to operate as a common June 3, 1974. Applicant: ART PAPE U.S. Highway 30 to its intersection with carrier, by motor vehicle, over irregular TRANSFER, INC., 1080 East 12 th U.S. Highway 77, thence along U.S. High­ routes, transporting: Fertilizer and fer­ St., Dubuque, Iowa 52001. Applicant’s way 77 to the Nebraska-Kansas State tilizer materials, dry, in bags and in bulk representative: Arthur Pape (same as line). The purpose of 'this filing is to (except tank vehicles), from Streator, above). Authority sought to operate as a eliminate the gateway of Rock Island, 111., to points in Minnesota. The purpose common carrier, by motor vehicle, over 111., and Webster City, Iowa. of this filing is to eliminate the gateway irregular routes, transporting: Fertilizer of Dubuque, Iowa. and fertilizer materials, dry, in bulk, in v No. MC-136553 (Sub-No. E15), filed June 3, 1974. Applicant: ART PAPE No. MC-136553 (Sub-No. E8), filed dump vehicles, from Clinton, Iowa, to June 3, 1974. Applicant: ART PAPE points in Iowa on, southland west of a TRANSFER, INC., 1080 East 12th Street, TRANSFER, INC., 1080 East 12th St„ line beginning at Davenport, Iowa, and Dubuque, Iowa 52001. Applicant’s repre­ Dubuque, Iowa 52001. Applicant’s repre­ extending along Interstate Highway 80 sentative: Arthur Pape (same as above). sentative: Arthur Pape (same as above). to its junction with U.S. Highway 218, Authority sought to operate as a common Authority sought to operate as a common thence along U.S. Highway 218 to its carrier, by motor yehicle, over irregular carrier, by motor vehicle, over irregular junction with U.S. Highway 63, thence routes, transporting: Salt, origin terri­ routes, transporting: Fertilizer and fer­ along U.S. Highway 63 to the Iowa-Min- tory: From points in Missouri on and tilizer materials, dry, in bags, and in bulk nesota State line. The purpose of this east of a line starting at the Iowa- (except in tank vehicles), from Streator, filing is to eliminate the gateway of Rock Missouri State line and extending along hi., to points in Nebraska (except points Island, 111. U.S. Highway 61 to its junction with on, south, and east of a line beginning No. MC-136553 (Sub-No. E12), filed Missouri Highway 19, thence along Mis­ at the Iowa-Nebraska State line, and ex­ June 3, 1974. Applicant: ART PAPE souri Highway 19 to its junction with tending along U.S. Highway 30 to its TRANSFER, INC., 1080 East 12 th U.S. Highway 66, thence along U.S. High­ intersection with U.S. Highway 77, St., Dubuque, Iowa 52001. Applicant’s way 66 to its junction with U.S. Highway thence along U.S. Highway 77 to the representative: Arthur Pape (same as 63, thence along U.S. Highway 63, to its Nebraska-Kansas State line). The pur­ above). Authority sought to operate as a junction with Missouri Highway 17, pose of this filing is to eliminate the gate­ common carrier, by motor vehicle, over thence south along Missouri Highway 17 way of Webster City, Iowa. irregular routes, transporting: Fertilizer to its junction with U.S. Highway 63,

FEDERAL REGISTER, VOL. 39, NO . 175— M O NDAY. SEPTEMBER 9, 1974 32598 NOTICES thence south along U.S. Highway 63 to No. MC-136553 (Sub-No. E20), filed TRANSFER, INC., 1080 East 12th Street, the Missouri-Arkansas State line (ex­ June 3, 1974. Applicant: ART PAPE Dubuque, Iowa 52001. Applicant’s repre­ cept points in Missouri within the St. TRANSFER, INC., 1080 East 12th Street, sentative: Arthur Pape (same as above). Louis, Mo.-East St. Louis, HI. Commercial Dubuque, Iowa 52001. Applicant’s repre­ Authority sought to operate as a common Zone); to points in Minnesota and points sentative: Arthur Pape (same as above). carrier, by motor vehicle, over irregular in Wisconsin on and north of a line Authority sought to operate as a common routes, transporting: (1) Wooden pallets, beginning at the Hlinois-Wisconsin State carrier, by motor vehicle, over irregular and (2) Lumber, in mixed loads with line and extending along U.S. Highway routes, transporting: Fertilizer and wooden pallets, from Chicago, HI., to 151 to its junction with Wisconsin High­ fertilizer materials, dry, in bags and in points in Minnesota, points in Wisconsin way 23 near Fond du Lac, Wis., thence bulk (except in tank vehicles), from on or west of a line beginning at the along Wisconsin Highway 23 to Sheboy­ Dubuque, Iowa, to points in Hlinois Illinois-Wisconsin State line and extend­ gan, Wisconsin. The purpose of this filing south of U.S. Highway 136. The purpose ing along UJS. Highway 61 to its junc­ is to eliminate the gateway of Dubuque, of this filing is to eliminate the gateway tion with U.S. Highway 53, thence along Iowa. of Rock Island, 111. U.S. Highway 53 to its junction with U.S. No. MC-136553 (Sub-No. E16), filed No. MC-136553 (Sub-No. E21), filed Highway 10, thence along U.S. Highway June 3, 1974. Applicant: ART PAPE June 3, 1974. Applicant: ART PAPE 10 to its junction with Wisconsin High­ TRANSFER, INC., 1080 East 12th Street, TRANSFER, INC., 1080 East 12th Street, way 27, thence along Wisconsin Highway Dubuque, Iowa 52001. Applicant’s repre­ Dubuque, Iowa 52001. Applicant’s repre­ 27 to its junction with U.S. Highway 63, sentative: Arthur Pape (same as above). sentative: Arthur Pape (same as above). thence along U.S. Highway 63 to Ash­ Authority sought to operate as a common Authority sought to operate as a common land, Wis. Hie purpose of this filing is carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular to eliminate the gateway of Dubuque, routes, transporting: Dry fertilizer, and routes, transporting: Fertilizer and fer­ Iowa. dry fertilizer materials, from Prairie du tilizer materials, dry, in bags and in bulk No. MC-136553 (Sub-No. E25), filed Chien, Wis., to points in Nebraska. The (except in tank vehicles), from Prairie June 3, 1974. Applicant: ART PAPE purpose of this filing is to eliminate the du Chien, Wis., to points in Wisconsin TRANSFER, INC., 1080 East 12th Street, gateway of Webster City, Iowa. on and south of a line beginning at the Dubuque, Iowa 52001. Applicant’s repre­ Illinois-Wisconsin State line and extend­ No. MC-136553 (Sub-No. E17), filed sentative: Arthur Pape (same as above). ing along Wisconsin Highway 69 to its Authority sought to operate as a com­ June 3, 1974. Applicant: ART PAPE junction with Wisconsin Highway 81, TRANSFER, INC., 1080 East 12th Street, mon carrier, by motor vehicle, over irreg­ thence east along Wisconsin Highway 81 ular routes, transporting: Dry animal Dubuque, Iowa 52001. Applicant’s rep­ to its junction with Wisconsin Highway resentative: Arthur Pape (same as and poultry feed ingredients (except in above). Authority sought to operate as a 15, thence along Wisconsin Highway 15 bulk), from Chicago, 111., to points in common carrier, by motor vehicle, over to its junction with Wisconsin Highway Minnesota, points in Wisconsin on and irregular routes, transporting: Dry fer­ 11, thence along Wisconsin Highway 11 west of a line beginning at the Hlinois- tilizer and dry fertilizer materials, from to Racine, Wis. The purpose of this filing Wisconsin State line, and extending Prairie du Chien, Wis., to points in Mich­ is to eliminate the gateway of Dubuque, along U.S. Highway 61 to its junction igan on, south, and west of a line be­ Iowa. with U.S. Highway 53, thence along U.S. ginning at Lake Michigan and extending No. MC-136553 (Sub-No. E22), filed Highway 53 to its junction with U.S. along Interstate Highway 96 to its inter­ June 3, 1974. Applicant: ART PAPE Highway 10, thence along U.S. Highway section with U.S. Highway 27, thence TRANSFER, INC., 1080 East 12th Street, 10 to its junction with Wisconsin High­ along UJS. Highway 27 to the Michigan- Dubuque, Iowa 52001. Applicant’s repre­ way 27, thence along Wisconsin Highway Indiana State line, and points in Indiana sentative: Arthur Pape (same as above)’. 27 to its junction with U.S. Highway 63, (except those on, north, and west of a Authority sought to operate as a common thence along UJ3. Highway 63 to Ashland, line beginning at the Hlinois-Indiana carrier, by motor vehicle, over irregular Wis., and points in Missouri on and west State line and extending along Indiana routes, transporting: Fertilizer and fer­ of a line beginning at the Iowa-Missouri Highway 2 to its intersection with U.S. tilizer materials, dry, in bulk, in dump State line and extending along US. Highway 421, thence along U.S. High­ vehicles, from Clinton, Iowa, to points in Highway 63 to its junction with US. way 421 to Lake Michigan. The purpose Highway 36, thence along US. Highway Illinois south of U.S. Highway 136. The 36 to its junction with UJ3. Highway 65, of this filing is to eliminate the gateway purpose of this filing is to eliminate the of Streator, HI. thence along U.S. Highway 65 to its junc­ gateway of Rock Island, I1L tion with U.S. Highway 54, thence along No. MC-136553 (Sub-No. E18), filed No. MC-136553 (Sub-No. E23), filed UJS. Highway 54 to its junction with US. June 3, 1974. Applicant: ART PAPE June 3, 1974. Applicant: ART PAPE Highway 71, thence along US. Highway TRANSFER, INC., 1080 East 12th Street, TRANSFER, INC., 1080 East 12th Street, 71 ending at the Missouri-Arkansas State Dubuque, Iowa 52001. Applicant’s repre­ Dubuque, Iowa 52001. Applicant’s repre­ line. The purpose of this filing is to elimi­ sentative : Arthur Pape (same as above). sentative: Arthur Pape (same as above). nate the gateway of Dubuque, Iowa. Authority sought to operate as a common Authority sought to operate as a common carrier, by motor vehicle, over irregular No. MC-136553 (Sub-No. E26), filed carrier, by motor vehicle, over irregular June 3, 1974. Applicant: ART PAPE routes, transporting: Dry fertilizer and routes, transporting: Fertilizer and fer­ dry fertilizer materials, in bulk, in dump TRANSFER, INC., 1080 East 12th Street, tilizer materials, dry, in bulk. In dump Dubuque, Iowa 52001. Applicant’s repre­ vehicles, from Marseilles, 111., to points vehicles, from Clinton, Iowa, to points in in Minnesota. The purpose of this filing sentative: Arthur Pape (same as above). Wisconsin on and north of a line begin­ Authority sought to operate as a c o m m o n is to eliminate the gateway of Dubuque, ning at the Minnesota-Wisconsin State carrier, by motor vehicle, over irregular Iowa. line and extending along U.S. Highway routes, transporting: Fertilizer and fer­ 10 to its junction with Wisconsin High­ No. MC-136553 (Sub-No. E19), filed tilizer materials, dry, in bags, from Chi­ June 3, 1974. Applicant: ART PAPE way 27, thence along Wisconsin Highway TRANSFER, INC., 1080 East 12th Street, 27 to its junction with U.S. Highway 8, cago, HI., to points in Minnesota and Dubuque, Iowa 52001. Applicant’s repre­ thence along U.S. Highway 8 to its junc­ points in Wisconsin south and west of a sentative: Arthur Pape (same as above). tion with Wisconsin Highway 47, thence line beginning at the Illinois-Wisconsin Authority sought to operate as a common along Wisconsin Highway 47 to its junc­ State line and extending along U.S. tion with Wisconsin Highway 22, thence Highway 61 to its junction with U.S., carrier, by motor vehicle, over* irregular east along UH. Highway 22 to its junc­ routes, transporting: Dry fertilizer and tion with UJS. Highway 41, thence along Highway 53, thence along U.S. Highway dry f ertilizer materials, in bulk, in dump U.S. Highway1 41 to Marinetta, Wis. The 53 to its junction with U.S. Highway 10» vehicles, from Marseilles, HI., to points purpose of this filing is to eliminate the thence along U.S. Highway 10 to the in Nebraska. The purpose of this filing gateway of Rock Island, 111. Wisconsin-Minnesota State line. The is to eliminate the gateway of Webster No. MC-136553 (Sub-No. E24), filed purpose of this filing is to eliminate the City, Iowa. June 3, 1974. Applicant: ART PAPE gateway of Dubuque, Iowa.

FEDERAL REGISTER, VOL. 39, NO . 175— M O NDAY, SEPTEMBER 9, 1974 NOTICES 32599

No. MC-136553 (Sub-No. E27), filed as a common carrier, by motor ve­ relied upon by petitioners must be speci­ June 3, 1974. Applicant: AR T PAPE hicle, over irregular routes, transporting: fied in their petitions with particularity. TRANSFER, INC., 1080 East 12th Street, Fertilizer and fertilizer materials, dry, No. MC-FC-75332. By order of Au­ Dubuque, Iowa 52001. Applicant’s repre­ in bags, and in bulk (except in tank vehi­ gust 27, 1974 the Motor Carrier Board sentative: Arthur Pape (same as above). cles) , from the warehouse of Etter Bros., approved the transfer to W. N. Daul Authority sought to operate as a common Inc., at or near Webster City, Iowa, to Transfer Lines, Inc., Kewaunee, Wis., of c a r r ie r , by motor vehicle, over irregular points ih Indiana, and those in Michigan the operating rights in Certificate No. routes, transporting: Salt, from points in on, west, and north of a line beginning at MC-68717 issued December 10, 1954, to Iowa on and east of a line beginning at the Indiana-Michigan State line and ex­ Walter N. Daul, doing business as W- N. the Iowa-Minnesota State line and ex­ tending along U.S. Highway 27 to its in­ Daul Transfer Line, Kewaunee, Wis., tending along U.S. Highway 52 to Du­ tersection with Interstate Highway 96, authorizing the transportation of gen­ buque, Iowa, on and within a line to thence along Interstate Highway 96 to eral commodities, with exceptions, over points in Wisconsin commencing at the Lake Michigan. The purpose of this fil­ regular routes between specified points Illino is -Wisconsin State line and extend­ ing is to eliminate the gateway of Du­ in Wisconsin and household goods be­ ing along U.S. Highway 151 to its junc­ buque, Iowa, and Streator, 111. tween Kewaunee, Wis.', on the one hand, tion with Wisconsin Highway 11, thence No. MC-136553 (Sub-No. E32), filed and, on the other, points in the Chicago, along Wisconsin Highway 11 to its junc­ June 3, 1974. Applicant: ART PAPE HI., commercial zone. Rolfe E. Hanson, tion with Wisconsin Highway 81, thence TRANSFER, INC., 1080 East 12th Street, 121 W. Doty St., Madison, Wis., 53703, along Wisconsin Highway 81 to its junc­ Dubuque, Iowa 52001. Applicant’s rep­ attorney for applicants. tion with Wisconsin Highway 15, thence resentative: Arthur Pape (same as along Wisconsin Highway 15 to its junc­ No. MC-FC-75339. By order of Sep­ above). Authority sought to operate tember 3, 1974, the Motor Carrier Board tion with Wisconsin Highway 11, thence as a common carrier, by motor ve­ along Wisconsin Highway 11 to its junc­ approved the transfer to Plegge Truck tion with Wisconsin Highway 43, thence hicle, over irregular routes, transporting: Service, Inc., 424 Park Drive, Bethalto, along Wisconsin Highway 43 to Kenosha, Fertilizer and fertilizer materials, dry, 111., of the operating rights in Certificates thence along Lake Michigan to the Wis- in bags, and in bulk (except in tank vehi­ Nos. MC—31122 and MC-31122 (Sub-No. consin-Illinois State line, thence along cles) , from Dubuque, Iowa, to points in 1) issued September 6, 1943, and Au­ the Wisconsin-Illinois State line to U.S. Iowa on and north of a line beginning gust 1, 1949, to Edward W. Plegge, doing Highway 151. The purpose of this filing at McGregor, and extending along Iowa business as Plegge Truck Service, 424 is to eliminate the gateway of Dubuque, Highway 76 to its junction with Iowa Park Drive, Bethalto, 111. 62010, author­ Highway 9, thence along Iowa Highway Iowa. izing the transportation of livestock and 9 to its junction with U.S. Highway 52, agricultural coipmodities, over a regular No. MC-136553 (Sub-No. E28), filed thence along U.S. Highway 52 to its junc­ route from Bethalto, 111., to St. Louis, June 3, 1974. Applicant: ART PAPE tion with Iowa Highway 24, thence along Mo., and general commodities, Usual ex­ TRANSFER, INC., 1080 East 12th Street, Iowa Highway 24 to its junction with U.S. ceptions, over the same regular route Dubuque, Iowa Dubuque, Iowa 52001. Ap­ Highway 18, thence along U.S. Highway from St. Louis, Mo., to Bethalto, 111., serv­ plicant’s representative: Arthur Pape 18 to its junction with Iowa Highway 4, ing points in St. Louis County, Mo., with­ (same as above). Authority sought to op­ thence along Iowa Highway 4 to its junc­ in the St. Louis, Mo.-East St. Louis, 111., erate as a common carrier, by motor ve­ tion with Iowa Highway 3, thence along commercial zone as defined by the Com­ hicle, over irregular routes, transporting: Iowa Highway 3 to its junction with U.S. mission and points within 5 miles of Fertilizer and fertilizer materials, dry, Highway 75, thence along U.S. Highway Bethalto, 111., as intermediate and off- in bulk, in dump vehicles, from Clinton, 75 to Sioux City, Iowa. The purpose of route points. Iowa, to points in Iowa on, south, and this filing is to eliminate the gateway east of a line beginning at the Minnesota of Prairie Du Chien, Wis. No. MC-FC-75340. By order of August State line and extending along U.S. 27, 1974 the Motor Carrier Board ap­ Highway 63 to its intersection with U.S. By the Commission. proved the transfer to Shippers Best Highway 18, thence along U.S. Highway [ s e a l ] ’ R o b e r t L. O s w a l d , Express, Inc., Salt Lake City, Utah, of 18 to the' Wisconsin-Iowa State line. The Secretary. the operating rights in Permit No. MC- 138056 (Sub-No. 1) issued June 21, 1973 purpose of this filing is to eliminate the [FR Doc.74-20747 Filed 9-6-74:8:45 am] gateway of Prairie du Chien, Wis. to Dick Simon Trucking, Inc., Salt Lake City, Utah, authorizing the transporta­ No. MC-136553 (Sub-No. E29), filed [Notice No. 151] tion of frozen cherries and bottled and June 3, 1974. Applicant: ART PAPE canned fruit juices from plant sites at or TRANSFER, INC., 1080 East 12th Street, MOTOR CARRIER BOARD TRANSFER near Payson, Provo and Moroni, Utah to Dubuque, Iowa Dubuque, Iowa 52001. Ap­ PROCEEDINGS points in California. Chester A. Zyblut, plicant’s representative: Arthur Pape Synopses of orders entered by the 1522 K St. NW., Washington, D.C. 20005, (same as above). Authority sought to op­ Motor Carrier Board of the Commission attorney for applicants. erate as a common carrier, by motor ve­ pursuant to sections 212(b), 206(a), 211, hicle, over irregular routes, transporting: No. MC-FC-75348. By order of Sep­ 312(b), and 410(g) of the Interstate tember 3, 1974, the Motor Carrier Board Fertilizer and fertilizer materials, dry, Commerce Act, and rules and regulations in bags, and in bulk (except in tank vehi­ prescribed thereunder (49 CFR Part approved the transfer to Burkhardt cles), from the plantsite and warehouse 1132), appear below: Bros., Inc., Scituate, Mass., of Certifi­ facilities of Eter Bros., Inc., located at or Each application (except as otherwise cates Nos. MC-3844 and MC-3844 Sub-2 near Webster City, Iowa, to points in Uli- specifically noted) filed after March 27, issued by the Commission November 17, npis on, east, and north of a line begin­ 1972, contains a statement by applicants 1959, and August 2, 1960, respectively, ning at the Iowa-Illinois State line, and that there will be no significant effect to Savin Hill Movers, Ine., Scituate, extending along U.S. Highway 67 to its on the quality of the human environ­ Mass., authorizing the transportation of intersection with U.S. Highway 136, ment resulting from approval of the household goods between Boston, Mass., thence along U.S. Highway 136 to the application. As provided in the Commis­ on the one hand, and, on the other, points Illinois-Indiana State line. The purpose sion’s Special Rules of Practice any in­ in Connecticut, New Hampshire, New of this filing is to eliminate the gateway terested person may file a petition seek­ York, Rhode Island, and Vermont, be­ of Dubuque, Iowa. ing reconsideration of the following num­ tween New York, N.Y., on the one hand, and, on the other, points in Connecticut, No. MC-136553 (Sub-No. E31), filed bered proceedings on or before Septem­ ber 30, 1974. Pursuant to section 17(8) of Massachusetts, New Hampshire, New June 3, 1974. Applicant: ART PAPE Jersey, New York, Pennsylvania, and TRANSFER, INC., 1080 East 12th Street, the Interstate Commerce Act, the filing Rho'de Island, between Philadelphia, Pa., Dubuque, Iowa 52001. Applicant’s rep­ of such a petition will postpone the ef­ on the one hand, and, on the other, points resentative: Arthur Pape (same as fective date of the order in that proceed­ in New York, New Jersey, Delaware, above). Authority sought to operate ing pending its disposition. The matters Pennsylvania, Maryland, Virginia, and

FEDERAL REGISTER, VOL. 39, NO. 175— M ONDAY, SEPTEMBER 9, 1974 32600 NOTICES

the District of Columbia, potted flowers and plants from Norward, Pa., to Wil­ mington, Del., and New York, N.Y.; and household goods between Lynn, Mass., on the one hand, and, on the other, points in Massachusetts, New Hampshire, Maine, Rhode Island, Connecticut, and New York, respectively. Francis E. Bar­ rett, Jr., Esq., 10 Industrial Park Road, Hingham, Mass. 02043. [ seal] R obert L. O sw ald, Secretary. [FR Doc.74-20749 Filed 9-6-74; 8:45 am]

FEDERAL REGISTER, VOL. 39, N O . 175— M ONDAY, SEPTEMBER 9, 1974

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of July 1, 1974)

Title 32—National Defense (Parts 9 -3 9 ) ______. $4.05

Title 35— Panama Canal ______; 3.25

IA Cumulative checklist of CFR issuances for 1974 appears in the first issue of the Federal Register each month under Title I]

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