Federal Register: 40 Fed. Reg. 2791 (Jan. 16, 1975). - Loc

THURSDAY, JANUARY 16, 1975WASHINGTON, D.C.

Volume 40 E Number ilPages 2791-2969 -

PART I

HIGHLIGHTS OF THIS ISSUEThis listing does not affect the legal statusof any document published In this Issue. Detailedtable of contents appears Inside. -MORTGAGE INSURANCE AND HOME IMPROVEMENT

LOANS--HUD lowers maximum interest rates; effective11-25-74 2800

STUDENT LOANS--HE //OE authorizes special allow-ances atthree percent for last quarter;, effective 3-3-75- 2813

ENERGY-FEA clarifies definitions of covered products under man-

datory price regulatons- 2795FEA announces market shares questionnaires to be sent

,IU to petroleum marketers-... 2872

CHILD-RESISTANT PACKAGING-CPSC proposal on cer-tain preparations containing iron; comments by2-17-75 2827

ti CUSTOMS VIOLATIONS--Treasury/Customs regulationsI on voluntary disclosure and prepenalty notice proce-

a0 dure; effective 1-16-75 ..... 2797

DRUG PRODUCT SALVAGING-HEIW/FDA proposal onImproperly stored drugs; comments by 3-17-75- 2822

FREEDOM OF INFORMATION-Treasury Department in-cluding IRS proposal on fees and method of payment;,comments by 2-18-75 _ 2829

to (Continued inside)

PART If:GLASS MANUFACTURING POINT SOURCE

CATEGORY-EPA Issues effluent limitations guidelines; effec.

tive 2-18-75 2951EPA proposes pretreatment standards for exist-

ing sources; comments by 2-18-75 2963

PART III:AREAWIDE WASTE MANAGEMENT-

EPA and Army Department announce finalplanning assistance agreemen _ 2967

remindersfou: There were no Items published after October 1, 1972, that are eligibe f rc

Inclusion In the list of RuLEs GoiNr ITro EFFECT TODAY.

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on ofiolal Federalholidays), by the OMce of the Federal Register, National Archives and Records Service, General ServicesAdministration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C.,Ch. 15) and the regulations of the Administrative Committee of the Federal Register (I CF Ch. I). Distribution

>- 1 is made only by the Superintendent of Documents, U.S. Government Printing Offce, Washington, D.C. 20402.

The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices Issuedby Federal agencies. These include Presidential proclamations and Executive orders and Federal agency documents havinggeneral applicability and legal effect, documents required to be published by Act of Congress and other Federal agencydocuments of public interest.

The FEDERAL REGISTEa wll be furnished by mail to subscribers, free of postage, for $5.00 per month or $46 per year, payablein advance. The charge for individual copies Is 75 cents for each Issue, or 75 cents for each group of pages as actually bound.Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Offce, Washington,D.C. 20402.

There are no restrictions on the republication of material appearing in the FEDERAL REcsT .

FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

ATTENTION: Questions, corrections, or requests for information regarding the contents of this issue only maybe made by dialing 202-523-5282. For information on obtaining extra copies, please call 202-523-5240.To obtain advance information from recorded highlights of selected documents to appear in the next issue,dial 202-523-5022.

(fl mnom, a

04E

e)Af C

HIGHLIGHTS--Continued

FOOD ADDITIVE-HEW/FDA and EPA provide for safe use of certain

herbicide on raw agricultural commodities (2 docu-ments); effective 1-16-75 .... --....... -._ 2799, 2803

HEW/FDA amends requirements -for octyltin stabilizers;effective 1-16-75; objections by 2-18-75.......... 2798

CAREER OPPORTUNITIES AND URBAN/RURAL SCHOOLDEVELOPMENT PROGRAMS-HEW/OE sets closingdate of 2-10-75for receipt of grant applications.....

TIMBER PRODUCTS PROCESSING--EPA interim rule on effluent limitations and guidelines..

'EPA proposes pretreatment standards for existingsources; comments by 2-18-75-

EPA proposes final rule on effluent limitations and gulde-lines; comments by 2

JMEETINGS--Commerce/NOAA. State fish and wildlife directors, 2-12

S and 2-13-75-----------------

Commission on the Review of the National PolicyToward Gambling, 2-4 and 2-5-75_

CPSC. National Advisory Committee for the FlImmableFabrics Act, 1-28 and 1-29-75

2853

2804

2833

2834

2852

2886

2827

DOD: DDR&E High Energy Lasar Review Group, 2-12and 2-13-75 . .

Wage Committee, 2-4, 2-11, 2-18 and 2-25-75-Air. Community College of the Air Force Advisory

Committee, 2-11-75... .

GSA- Regional Public Advisory Panel on Architecturatand Engineering Services, 2-3-75.

HEW: Child and Family Development Research ReviewCommittee, 2-5 through 2-7-75

NIH: Advisory Committee meetings for February andMarch

OE. National Advisory Council on Equality of Educa-tional Opportunity, 2-28 and 3-1-75

Labor/OSHA: Standards Advisory Committee on MarineTerminal Facilities, 2-11 through 2-13-75

Marine Mammal Commission and Committee of Scien-tific Advisors on Marine Mammals, 2-20 through2-22-75

Telecommunications Policy Office: ElectromagneticRadiation ManagementAdvisory Council, 2-6-75__

CANCELLED MEETING-Commerce: CTAB Panel on Project Independence Blue-

print

contents- AGRICULTURAL MARKETING SERVICE

RulesGrade standards:

Oranges grown In Pla.....__._ 2792Tomatoes (fresh) 2791

Import-xegulatlons:I.mes ---------------------- 2793

Limitation of handling and ship-ments:

Lettuce grown In south Tex_.._ 2794Limes grown in Fla ------- 2793Oranges (navel) grown in Ari-

zona and designated part ofCalifornia -.... 2792

Proposed RulesGrade, size and maturity stand-

ards:Onions, imported ---------- 2818

AGRICULTURE DEPARTMENTSee also Agricultural Marketing

Service; Farmers Home Admin-istration; Forest -Service; SoilConservation Service.

RulesImport quotas and fees; cheese--- 2791NoticesMeat import limitations; first

quarterly estimates -------- 2850

AIR FORCE DEPARTMENTNoticesMeetings:

Community College of the AirForce Advisory Committee_ 2840

ALCOHOL, DRUG ABUSE, AND MENTALHEALTH ADMINISTRATION

Notices -Advisory Committee; renewaL___ 2852

ARMY DEPARTMENTProposed RulesConduct of public hearing; policy

and procedure ......---------- 2816NoticesWater quality programs and im-

plementation plans; final agree-nent 2840

ATOMIC ENERGY COMMISSIONNoticesApplications, etc.:

Georgia Power Co___ 2861Louisiana Power & Light Co-. 2863Northeast Nuclear Energy Co.

et al,2861Omaha Public Power District. 2863Power Authority of the State of

New York et a -.....-------- 2862Environmental statement; pluto-

nium powered cardlac. pace-makers 2863

Regulatory guides:Issuance and availability .... 2862

CIVIL AERONAUTICS BOARDRules

.Embargo notice, contents of---- 2797Proposed RulesFreedom of information; docu-

ment search and duplication;schedule of fees ----------- 2826

NoticesHearings etc.:

Airspan Flight Charter, Ltd- --- 2863International Air Transporta-

tion Association (4 docu-menL............. 2863-2869

Los Angeles Airways ------ 2869

COMMERCE DEPARTMENTSee also Economic DevelopmentAdministration; Maritime Ad-ministration; National Oceanicand Atmospheric, AdmInistr-tion.

Proposed RulesFreedom of information; schedule

of fees... ---- 2821Notices

Meeting:ProJect Independence Blueprint,

CTAB Panel on-_. -- 2852

COMMISSION FOR THE REVIEW 6FTHE NATIONAL POLICY TOWARDGAMBLING

NoticesMeetings 2886

COMPTROLLER OF THE CURRENCYProposed RulesCustomer - bank communication

terminals; hearing------ 2836CONSUMER PRODUCT SAFETY

COMMISSIONProposed RulesIron containing preparations;

child-resistant packaging.. 2827NoticesMeetings:

Flammable Fabrics Act, Na-tional Advisory Committee-for 2869

CUSTOMS SERVICERulesFines, penalties and forfeitures;

voluntary disclosure of viola-'ions 2197


2840

2840

2840

2883

2860

2860

2854

2885

2883

2883

2852

CONTENTS

DEFENSE DEPARTMENTSee Air Force Department; Army

Department.NoticesMeetings:

High Energy Laser ReviewGroup ------------------ 2840

Wage Committee -------------- 2840

DELAWARE RIVER BASIN COMMISSIONNotices

Hearing ------------------ 2869

DISEASE CONTROL CENTERNoticesAdvisory Committee recharter:

Coal Mine Health Research Ad-visory Committee ---------- 2852

DRUG ENFORCEMENT ADMINISTRATIONNoticesHearings, etc.:

National Organization for theReform of Marihuana Laws,et al ------------------- 2841

ECONOMIC DEVELOPMENTADMINISTRATION

RulesEconomic Development Program;

review provisions ------------ 2796

EDUCATION OFFICERulesLow-interest loans; special allow-

ances -------------------- 2813NoticesApplications closing dates:

Career Opportunities and Ur-ban/Rural School Develop-ment programs ----------- 2853

Meetings:Equality of Educational Oppor-

tunity, National AdvisoryCouncil on ..-------------- 2854

ENVIRONMENTAL PROTECTION AGENCYRulesAir implementation plans:

Coal refuse burning ---------- 2803New Jersey traffic control plan 2802Prevention of significant deteri-

oration ----------------- 2802Pesticide chemicals, tolerances,

etc.:4-amino-6-(1,1-dimethylethyl) -

3- (methylthio) -1,2,4-triazin-5 (4H) -one --------------- 2803

Water pollution; effluent guide-lines for certain point sourcecategories:

Glass manufacturing --------- 2951Timber products processing ---- 2804

Proposed RulesAir quality implementation plans;

various states:Connecticut ------------------ 2832New Jersey -------------- 2833

Water pollution; effluent guide-lines for certain point sourcecategories:

Glass manufacturing --------- 2933Timber products processing (2

documents) ---------- 2833, 2834

NoticesAir qdality standards; hearing on

proposed maintenance areas--- 2869Water quality programs and im-

plementation plans; final inter-agency agreement ----------- 2967

FARMERS HOME ADMINISTRATIONNoticesDisaster areas:, Nebraska ----------------- 2848

FEDERAL AVIATION ADMINISTRATIONRulesAirworthiness directives:

AiResearch, correction ...------- 2797Noise standards; propeller driven

small airplanes, correction --- 2797Proposed RulesControl zones ------------------ 2824Noise standards; propeller driven

small airplanes; correction ... 2823Transition areas (5 docu-

ments) ---------------- 2824, 2825NoticesAuthority delegations ---------- 2861FEDERAL COMMUNICATIONS

COMMISSIONRulesFrequency allocations:

Apollo Space Program supportprovisions, deletion --------- 2813

Scientific data telemetering .... 2813Proposed RulesFM broadcast stations; table of

assignments:Maine -------------------- 2828

NoticesCommon carrier services informa-

tion; domestic public radio serv-ices applications ------------ 2870

-FEDERAL ENERGY ADMINISTRATIONRulesMandatory petroleum price regu-

lations:.Clarifications to covered prod-

ucts definitions ----------- 2795NoticesMarket -shares questionnaires;

mailed to letroleum marketers. 2872FEDERAL MARITIME COMMISSIONNoticesAgreements, etc.:

Global Terminal and ContainerServices, Inc. and Dart Con-tainerline Co., LTD --------- 2875

Tulsa Port of Catoosa and Tulo-ma Stevedoring, Inc -------- 2876

United States Atlantic and GulfPorts and Ports in Central andSouth America and the Carib-bean ------------------- 2875

Oil pollution; certificates of finan-cial responsibility (2 docu-ments) --------------- 2873, 2874

FEDERAL POWER COMMISSIONNoticesHearings, etc.:

California Co ---------------- 2876Colorado Interstate Gas Co. (2

documents)- 2876Consolidated Gas Supply Corp- 2877Florida Gas Transmission Co., et. al., (2 documents) ---------- 2877

Lawrenceburg Gas TransmissionCorp --------------------- 2878

National Fuel Gas Supply Corp. 2878North Penn Gas Co ---------- 2870Public Sevice Co. of Colorado (2

documents) -------------- 2879Rockland Electric Co --------- 2879South Carolina Electric & Gas

Co ----------------------- 2880Texas Gas Transmission Corp.. 2880Transcontinental Gas Pipe Line

Corp --------------------- 2880United Gas Pipe Line Co ------- 2082Western Transmission Corp .... 2F'12

FISH AND WILDLIFE SERVICERulesFishing:

Bear River Migratory Bird Ref-uge, Utah ---------------- 2815

FOOD AND DRUG ADMINISTRATIONRulesAnimal drugs:

Monensin Sodium, Zinz Bacitra-cin ----------------------- 2800

Food additives:4-amino-6- (1,1-dimethylethyl) -

3- (methylthlo) -1,2,4-trlazin-5(4H-one ---------------- 279

Octyltin stabilizers in vinyl chlo-ride plastics -------------- 2798

Food Identity standards:Fruit Jelly and preserves ------ 2798

Proposed RulesDrug product salvaging; regula-

tion ------------------------ 2822NoticesNew animal drug application,

withdrawal; H. Clay Glover Co.,Inc ------------------------- 2852

FOREST SERVICENoticesEnvironmental statements, avail-

ability, etc.:Bighorn National Forest, timber

management plan ---------- 2849Maine Spruce Budworm Sup-

pression Project ---------- 2849Salmon National Forest, Idaho;

Silverleads Planning Unit.... 2849Siskiyoy, Siuslaw, and Umpqua

National Forests, Oreg.: vege-tation management using se-lective herbicides ---------- 2850

GENERAL SERVICES ADMINISTRATIONRulesFederal procurement regulations:

Formal advertising ---------- 2810Proposed RulesFreedom of information; fees .... 2838NoticesMeeting:

Regional Public Advisory Panelon Architectural and Engi-neering Services ---------- 2883

HEALTH, EDUCATION, AND WELFAREDEPARTMENT

See alsq Alcohol, Drug Abuse, andMental Health Administration;Disease Control Center; Educa-tion Office; Food and Drug Ad-ministration; National Insti-tutes of Health.


CONTENTS

Proposed RulesFamily planning programs; serv-

ices training -------------- 283NoticesCommittee renewal,-etc.:

Board- of Advisors; Improve-ment of Postsecondary Edu-cation ------------------ 2860

Child and Family DevelopmentResearch Review Committee 2860

HOUSING AND URBAN DEVELOPMENTDEPARTMENT -

RulesInterest rates:

-Mortgage insurance and homeimprovement loans ---- --- _ 2800

IMMIGRATION AND NATURALIZATIONSERVICE

Rules"Extension of temporary stay:

Visitors for pleasure, ineligibil-ity -------------------- 2794

Proposed RulesFreedom of information; records

availability; schedule of fees-.. 2817

INDIAN AFFAIRS BUREAUNoticesEligibility of unlisted vflIages:

BEyak, Alaska ------------------ 2841Ineligibility of unlisted villages:

Alexander Creek, Alaska. ...- -2841Anton Larsen Bay, Alaska ------ 2842Ayakulik, Alaska ------------ 2842Bells Flat, Alaska ----------- 2842Kasilof, Alaska --------------- 2843Litnik, Alaska_ ---- -- - 2843Point Possession, Alaska------2843Port William, Alaska...------2844Soloman, Alaska -------...----- 2844Uganik, Alaska --------------- 2844

INTERIOR DEPARTMENT• See Indian Affairs Bureau; Land

Management Bureau; NationalPark Service; ReclamationBureau.

RulesProcurement responsibility *and. negotiation, correction ------- -2812

NoticesAuthority delegation ..---------- 2848Environmental statements:

Mill Creek Metropolitan Parkproposal - ----- 2848

Livestock grazing on public lands;fees schedule, 1975 ---------- 2847

INTERNAL REVENUE SERVICERulesIncome tax:

Foreign tax credit determina-tions,, corrections ----- --- 2802

NoticesCommittee establishment and re-

organization:Small Business Advisory Com-

mittee to Commissioner --- 2840

INTERSTATE COMMERCE COMMISSIONNoticesCar service exemptions, manda-

tory:Atchison, Topeka & Santa Fe

Railroad Co. (2 documents)Atlanta & West Point Railroad

Co.---------------Fourth section application for

relief------------ --Hearings assignments -----....Motor carrier, broker, water car-

rier, and freight forwarder ap-plications ...................

Motor carriers:Irregular route property car-

riers; gateway elimination--Temporary authority applica-

tions .....................Rerouting of traffic:

Baltimore & Ohio Railroad Co.Penn Central Railroad Co ....

JUSTICE DEPARTMENTSee Drug Enforcement Adminis-

tration; Immigration and Nat-uralization Service.

LABOR DEPARTMENTSee Occupational Safety and

Health Administration.

2887

2886

28872886

2901

2890

2888

288728.8

LAND MANAGEMENT BUREAURulesGrazing administration:

Grazing fees; establishment.. 2812Proposed RulesSpecial land use peimits; princi-

ples and procedures ------- - 2818NoticesApplications, etc.:

New Mexico (5 documents) ---- 2845Northwest Pipeline Corp ------ 2846

Withdrawal and reservation oflands, proposed, etc.: W,

New Mexico --------------- 2845

MARINE MAMMAL COMMISSIONNoticesMeetings:

Commission and Committee ofScientific Advisors on MarineMammals -------------- 2883

MARITIME ADMINISTRATIONNoticesApplications, etc.:

SS Canada Ma...-------2851Mercantile National Bank of

Dallas ----- - - .------------ 2851

NATIONAL INSTITUTES OF HEALTHNoticesCommittee renewals:

Biometry and EpidemiologyContract Review Committee,et al ..-------- -------- 2854

Molecular Control WorkingGroup; renewal ------------ 2857

Meetings:Behaviorlal Sciences Research

Contract Review Committee. 2855Breast Cancer Experimental

Biology Committee ....... ------ 2855Breast Cancer Treatment Ad

Hoc Review Group --------- 2854

Cancer Control Community Ac-tivities Review Committee--- 2855

Cancer Control Grant ReviewCommittee 2856

Cancer Control InterventionPrograms Review Committee 2856

Committee on Cancer Immuno-biology 2856

Contraceptive DevelopmentContract Review Committee_ 2856

Dental qxles Program AdvisoryCommittee 2857

Mammalian Mutant Cell Lines-Committee - 2857

Mental Retardation ResearchCommittee 2857

NANDS Council Planning Sub-committee 2857

NINDS Workshop on ResearchStatus of Spinal ManipulativeTherapy 2858

National Advisory Allergy andInfectious Council - 2858

National Advisory Environmen-tal Health Sciences CounciL. 2880

National Advisory NeurologicalDiseases and Stroke Council- 2860

National Advisory Research Re- •soifrces CounciL_ .. --- 2860

National Cancer Advisory BoardSubcommittee on Centers-.... 2854

National Library of MedicineBoard of Regents- . ....... 2855

Periodontal Diseases AdvisoryCommittee -. 2858

Tobacco Working Group ------ 2859Virus Cancer Program Scientific

Review Committee A (2 docu-ments) 2859

Virus Cancer Program ScientificReview Committee B ..... 2859

NATIONAL OCEANIC AND ATMOSPHERICADMINISTRATION

Proposed RulesEndangered species; abandon-

ment to Customs Service-.... 2820Marine mmnmals; abandonment

to Customs Service ...---------- 2820NoticesMeetings:

State fish and wildlife directors- 2852Marina mammals (2 docu-

ments - 2852

NATIONAL PARK SERVICENoticesAuthority delegations:

Assistant Superintendent, et al.,Mammoth CavelatonalPark,xy 2847

Assistant Superlntendent,-et al.,Natchez Trace Parkway, Miss- 2847

OCCUPATIONAL SAFETY AND HEALTHADMINISTRATION

Proposed RulesNolse exposure; extension of com-

ment- period- ............ 2822NoticesMeeting:

Marine Terminal FacilitiesStandards Advisory Commit-tee 2885

State plans for enforcement ofstandards:

Oregon, approval of plan. ..- 2885


CONTENTS

RECLAMATION BUREAUNoticesEnvironmental statements:

El Paso Coal Gasification Pro]-ect --------------- 2846

SECURITIES AND EXCHANGECOMMISSION

NoticesChicago Board Options Exchange,

Inc ------------------------ 2884Hearings, etc.:

Alabama Power Co., et aL --- 2883Royal Properties Inc --------- 2884Winner Industries, Inc -------- 2885

SELECTIVE SERVICE SYSTEMNoticesReconciliation Service Manual;

availability ---------------- 2885

SMALL BUSINESS ADMINISTRATIONNoticesSize standards appeals:

Procedures and regulations re-view----------

SOIL CONSERVATION SERVICENoticesEnvironmental statements on

watershed projects:County Line Creek, N.C .......Elk Creek, W. Va --------------Little Sandy Creek and Trail

Creek, Ga.; negative declara-tion

Mission Creek, -Nebr. andKans.; negative declaration--

STATE DEPARTMENTRulesFees and charges:

Passport fees

I TELECOMMUNICATIONS POLICY OFFICENoticesMeeting:

Electromagnetic Radiation2885 Management Advisory Coun-

oil ------------------------ 2883

TRANSPORTATION DEPARTMENTSee Federal Aviation Administra-

tion.

285j TREASURY DEPARTMENT2850 See Comptroller of Currency; Cus-

toms Service; Internal RevenueService.

2851 Proposed Rules2851 Disclosure of records; uniform feo

schedule -------------------- 2830

VETERANS ADMINISTRATIONProposed RulesFreedom of Information; regula-

2800 tory development ------------ 2820

FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 1,6, 1975

list of cfr parts affectedThe following numerical guide Is-a list of the parts of each title of the Code of Federal Regulations affected by documents published In today's

issue. A cumulative list of parts affected, covering the current month to date, follows beginning with the second Issue of the month.A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published

since January 12, 1974, and specifies how they are affected.

7 CFR6 -------------------------5 1 ------------- -- . . .

905 ---- -------- : -------------907 --------------------- ------911-.-----------------------944--------- -971_- -

PRoposED" RULEsnon

8 CFR214_ -- ----------------PROPOSED RuiES: ....103 ----------------------------

10 CFR'210 ----. -.- .------- --.::7..--- .---212 ----------------------------

PRoPosEDRuLEs:------------------------------

-13 CFR304 ----------------------------

14 CFR21.--- --- -- ----------------

39_----------------------- ------228----------------------PROPOSED UILES:21 ------------------------------36 -------- -71 (6 documents ----------- 2824,310 ---------------------------385 - --- -389--------------------------

15 CFR

PROPOSED RULES:

4 ------------------------------

16 CFR2791 PROPOSED RULES:2791 1700 ............27922792 19 CFR2793 171 ..............

2794 21 CFR29 ------------------------

2819 121 (2 documents) ......-...-- 2798,135e ---------------------------PROPOSED RULES:12

2794

2817

27952795

2836

2796

2797279727972797

2823282328252826.28262826

2821

13------------------------133 ----------- z ..................

22 CFR22 -------------.--.....- ---------

24 CFR203 ----------------------------205 ---------------------------207 ---------------- .-----------213 --------------------------220-----------------------

232 ----------------------------234 ---------------------------235 ---------------------------236 ---------------------------241 ------- .-----------------242 ----------------244..----------------

26 CFR

29 CFRPROPOSED RULES:1910 ----------------.

31 CFRPROPOSED RULES:

33 CFRPROPOSED RULES:209 ------ -------.------

2827

2797

2798

38 CFRPorosED RuLES:

40 CFR52 (2 documents)--------------60 .........180-----429-.....---.--- -

2829

28022803280329522801

2800 PROPOSED RULES:52 (2 documents) 2832, 2833

2822 426_ 29632822 429 (2 documents) ---- 2833,2831

41 CFR2800 1----------------------- 2810

1-2 ---. -- --.- - ----.-- - 28111-7_--_ 2812

2800 14-1 .... ---------------- ------ 28122800 14-3 ------------- 2812

280028.0280128012801280128012801280128022802

PRoPosED RULES:

105-60 ........

42 CFRPROPOSED RULES:59.- - - - -- -- - - - - - - -

43 CFR4110 .------------------------PROPOSED RULES:

2920 -------------.------

45 CFR2802 177------------------------

2822

47 CFR2 (2 documents) -------

PRoPoSED RULES:'12

2836 50 CFR33----- -

PROPOSED RULES:

2816 219 ----- --

2838

2823

2812

2818

2813

28132813

2828

2815

28202820

FEDERAL REGISTER, VOL 40, NO. ll-THURSDAY, JANUARY 16, 1975

-- - ----. . . . . . --

CUMULATIVE LIST OF PARTS AFFECTED-JANUARY

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

5 CFR213 --------- 1499, 1681,2173,2435,2575,

2709 294 ----------------------------- 2436352 -------------------------- 1223

2592

3 CFRPROCLA*IATIONS:

1 4339 ---------------------- 749EXECUTIVE ORDERS:

6073 (Revoked In part by EO11825) - - - 1003

6260 (Revoked by EO 11825) -- 10036359 (Revoked n part by EO

11825) ------------------ 10036556 (Revoked byEO 11825)__ 10036560 (See EO 11825) --------- 100310289 (Revoked n part by EO

11825) ------------------- 100310896 (Revoked by EO 11825)_ 100310905 (Revoked by EO 11825). 100311037 (Revoked byEO 11825). 100311126 (Council continued byEO 11827) --------------- 1217

11145 (Committee continuedby EO 11827) ------------ 1217

11183 (Commission continuedby EO 11827) ------------ 1217

11287 (Committee continuedby EO 11827) ------------- 1217

11342 (Committee continuedby EQ 11827) ------------ 1217


11472 (Committee continuedby EO 11827) ------------- 1217

11562 (Council continued byEO 11827) --------------- 1217





11756 (See EO 11824) ------- 75111768 (Amended by EO 11831)_ 241311776 (Committee continued

by EO 11827) ------------- 121711807 (Council continued byEO 11827) - --- 1217

11824 ---------------------- 75111825 --------------------- 100311826 --------------------- 100411827 --------------------- 121711828 --------------------- 121911829 --------------------- 149711830 --------------------- 241111831 --------------------- 241311832 ---------------------- 241511833--------------------- 2673

PRESIDENTIAL DocuTENTs OTHERTHAw PROCLAMIATIONS OR EXEIvU-TIVE ORDERS:

Memorandum of December 30,1974 -------------------- 1221

Message to Congress --------- 1637Notice of International Trade

Negotiations ------------- 2670

7 CFR-PRoPosE

10621063


203 .....


2 .....

PROPOSED RULES: 106410652401 ------ 2214 1068

7 CR 10691070

2 --------------------------- 2419 10716 --------------------------- 2791 107351 --------------------------- 2791 1075180 ---------- ------ 1026 1076220 -------------------------- 1499 1078270 -------------------------- 1882 1079271 ---------------------- 1884,2204 1090272 -------------------------- 1894 1094273 -------------------------- 1897 1096274 -------------------------- 1899 1097301 -------------------------- 1223 1098401 --------------------- 1701,1703 1099722 -------------------------- 1704 1101730 --------- - .---------------- 1027 1102874 ---------------------------- 1028 1104905 -------------------------- 2792 1106907 ------------------ 753,1228,1704 1108910 --------.. ----- 753,1228,2205 1120911 -------------------------- 2793 1121912 -------------------------- 2206 1124913-------------------------- 2206 1125915 ------------------------------ 2677 1126916 -------------------------- 1499 1127944 ---------------------------- 2793 1128971 ---------------------- 1028,2794 11291139 ------------------------- 2694 11301421 ------------------------- 1029 11311434 ------------------------- 2726 11321474 ------------------------- 1705 11331806 --------------------.-...... 2420 11341822 ------- ------------------ 1229 1136PROPOSED RULES: 1137

113820 ------------------------ 1711 113926 ----------------------- 2208 120755 ------------------- 1706,2694 143456 ------------------- 1706,269459 ------------------- 1706,2694 8 CFR70 ----------------- 1706 269A 214 ----220 ------------- --------- 2697 PROPOSE916 ---------------------- 1515917------------------------- 1516 103-980 ---------------------- 2819 9 CFR981 ---------------------- 2589989.-787, 788 73 -----1001--------------------28 78-1001 ------------------ 2589 78 ----

1004 ------------------- 2589 91------1002 ---------------------- 2589 97 ------

1006 ---------------------- 2589 113 ---

1011 ---------------------- 2589 305 -----1012 ---------------------- 2589 317 -----

1013 ----------------------- 2589 317 --1013 ---------------------- 2589 445 -----1030 ---------------------- 2589 PROPOSE

1032 ---------------------- 2589 112.1033 ---------------------- 2589 113.1036 ---------------------- 2589 114-1040 ---------------------- 25891044 2589 10 CFR1046 ---------------------- 2589 11049 ---------------------- 25891050 ---------------------- 2589 210 .....1060 ---------------------- 2589 211-.----1061 ---------------------- 2589 212 -----


ContinuedSRuLEs-Continued---------------------- 2589---------------------- 2589*---------------------- 2589

------------------------. 2589------------------------. 2589

-----------------------. 2589------------------------. 2589-.. --------------------. 2589------------------------. 2589------------------------ 2589

---------------------- 2589------------------------. 2589-------------..------- 2589------------------------. 2589------------------------ 2589------------------------. 2589------------------------. 2589------------------------. 2589------------------------. 2589------------------------ 2589------------------------ 2589------------------------. 2589--.. --------------... 25809------------------------. 2589------------------------. 2509

1-------------------- 7,2589------------------------ 2589------------------------ 2589---------------------- 7,2589--------------------. - 7,2589---------------------- 7,2589-------------------- 7,2589- 7,2589---------------------- 2589---------. ------------. - 2589------------------------ 2589------------------------ 2589------------------------ 2589------------------- ..... 2589------------------------ 2589------------ ----- 2589,2095------------------------ 2697-----------------.------ 2726

.---------------------- 2791

D RULES:.---------------------- 2817

. . .------------------- 757

.---------------------- 2173---------------------- 2691.---------------------- 757-------------- 757,2691,2092.---------------------- 2575.---------------------- 2570.---------------------- 2570.---------------------- 1500.---------------------- 1500D RULES:.---------------------- 788. . ..---------------------- 788.---------------------- 788

.---------------------- 1230

.------------ ---------- 2795------------------ 2560,2692.---------------------- 2795

10 CFR--Continued:PROPOSED RULES:

FEDERAL REGISTER

15 CFR--ContnuedPROPOSED ,RULES:

101 --------------------.-...... . 2419107 ----------------- 1230,1231120_ -1682

301. --------- 1029304 ------------------------------. 2796

14 CFR21 - ------- 1029,2173,2420, 2576, 279723 - -257725 . 257729 ..---------- 242036 ------------------ 1029,2173,279739 ----- 1,2,1036,1037,1232,1682,279771- 299,1038,1507,1508,1682,2421,2422,

257773 --- - --------- 299, 103875 ----------------- -- 29991 -------------------------- 2420955------------- -- 257797-- ------------ 1232121 ------------------- 1039228 -------------------------- 2797239 --- ---------------------- 1039288.._ _ __ 1040372a --------------------------- 1233

PROPOSED RULES:21. -------------------- 1061,282336 ---------------- --- 1061,282339 ------------------- 171149 ------------------------ 244571 .---- 1059-1061,1518,2824,282573 - --------------- 151891 -------- 1072310 ----------------------- 2826385 ------------------------ 2826-389 ------------------------- 2826401 ------------------------- 24461206 ------------------------ 2716

15 CFR37 --------------------- 1041,2174399 --------- 1041923 --------- 1683

'760761761'61

1480

---------------------

-----------------------

--------------------------------------------

D RULES:

----- -714 4-19- ---------- - - 799 2r. CFR

7992 70 9 2 . . . ..2

51 - - ------------------ 1005 3 R O

207 ..-------- ---- --------- 2212 4.....132--- 5

12 CFRt 1500--225 ------ ---------- 2677 PROPOSE226 ---- - - - - - - - - - - - - 1681 4L._265 ............................-- 1505 438.

PRoPoSED RuLES. 439-7----------------- ------------- 2836 150(226 -------- 1717 1511309 --------------------- 2715 1700329__-- -.-- 2212 17 CFR404 -------.- .....-------- 2449 211505_ --------- --------- 2715 200.523 ---------------------- 1277 210524 --------------- - - 1277 231525 --------------------- 1277 240.526 - -- .. . ....--- 1277 241532 ------- 1277 249545 ------------------ 076,1278 251556 -------- ----- 1278

% .561 .... 1076 PRoPoSE563 ------ ----- 1076 1---

.---------------- 1279 210-588 .- ----------------- 1279 240.602__ --- ----------- 2590 249.720 ..... - 2591 18 CFR

13.CFR 9

260 ............PROPOSED RULES:

1 ------ ---- 10772 -------------- 27163_.- 1077154.------------------------ 2716157 ------------------- 2716

19 CFR171 -------------------------- 2797PROPOSED RULES:

1 ------------- ------------- ' 54 ------------------------..... 2437152 ..---------------..-- 2437174 --........-------------- 2437177 ........... 2437201 ------------------------ 2452

20 CFR404.. . ..-------------------- 1233, 2683405 ------- 1022416 -------...... 1508614 -------------------- 3PROPOSED RULES:

405797. 1057

730 ------------------------ 791

21 CFR2 -----.- ...----------....- 258029 -------- ---------- 2798121. -....... 2580, 2581, 2683, 2798, 2799135 --------------------- 1013,2422135c ... ----------- 1013, 1014135e ----------------- 1013, 2422, 2800450 ---------------------- 15121308 1236PROPOSED RULES:

132 ----------------133940 ------------------- 81304 ------------..---....- .. 7871308 ---------------------- 787

PROPOSED RULMS:

42__-4D1i

23 CFRA nn625. ..---

712 ..SE .R . .EPROPOSED RULES:

.244315152442

258121792179

2708

..... ....---- . . . . 24502450

..... -24510----. 1480, 1488, 1491, 2211, 2212.-------------.1493,2211,2212

.-- 2827*--------------- --------- 227

1695, 2678- -1012, 2678

1695, 26781013

.--------------------- -2678D RULES:-------- - ------------- '89

- - 1078, 10791079,1520,1719,2215

.--------- ----------- 1079

91

1240

28 CFRPROPoSED RULES:

16- 2443

29 CFR99 ----- --------- 236051514

2555- 2203

PROPOSED RULES:

lo- - ------ 2705103_--- - 25911208-... 24511908- - 27031910. -- ------ - 97/,2822

1952 ... . .... 1082

FEDERAL REGISTER, VOL 40, 1NO. 11-THURSDAY, JANUARY 16, 1975

22 CFR

2821 51.2800

- 1512

- - - ----.. . .. . ---- -

- -- - ---- - -

24 CFR58 -1392203 ------- 2800205-- - 3, 2800207-- 2800213....---2800220 .. 2801221------------------...2801

2801232------- 28012801.

236- - 2801241--------- 2801242............ 2802_ .2802300..----------- 2683

570 -............ 25821914--______ 766, 767, 2180, 2181, 2424, 2_251915 -....... 767, 776, 2182-2203, 2425

PROPOSED RULES:1902


221_- -787

26 CFR1.___ 1014, 1236,1238. 16972683.28023 -123711_._ 101620 - - - 1240

25..... 1240

PROPOSED RULES:

1----.........1044,1250,269131_. .1251301 1044:

27 CFR

FEDERAL REGISTER

31 CFR316 ---------------------------- 754PROPOSED RULES:

1 ------------------------ 2836223 ------------------- 786, 2694

32 CFR737 -------------------------- 14021459 --------------------------- 12401470 --------------------------- 1240PROPOSED RULES:

286 ---------------------- 22081608 --------------------- 2593

33 CFR110 ------------------- ------- 1016,2688127 -------------------------- 1016210 --------- ----------------- 2582PROPOSED RULES:

209 ---------------------- 2816263 ---------------------- 1612380 ---------------------- 1619384 ------------------------- 1620

35 CFR67 --------------------------- 2204

36 CFR7 ---------------------------- 762PROPOSED RULES:

404 ---- ------------------ 2447405 ---------------------- 2447

38 CFR3 ------------------------------- 124136 --------------------------- 1513PROPOSED RULES:

1 ------------------------ 282939 CFR281 -------------------------- 2179PROPOSED RULES:

3001 ---------------------- 2451

40 CFR52 ---------------------- 2585,280260 --------------------------- 2803120 -------------------------- 1041180.... 1042, 1043, 1241, 2179, 2586, 2803406 --------------------------- 915418 -------------------------- 2650426 ----- --------------------- 2952427 -------------------------- 1874428 -------------------------- 2334429 -------------------------- 2804432 --------------------------- 902

40 CFR-ContinuedPROPOSED RULES:

52 ---- 1711,-2212, 2448, 2832,2833171 ------------------------ 2528180 --------------- 1276, 1519,2448406 --------------------- 921415 ---------- --------- 1712418 ----------------------- 2654426 ---------------------- 2963427 ---------------------- 1879428 ----------------------- 2347429 ------------------ 2833,2834432 ---------- ------------- 912443 ----------------------- 2352

41 CFR1-1 ----------- -- - ------ 28101-2 ---------------------------- 28111-7 ---------------------------- 28129-7 ---------------------------- 25879-12 --------------------------- 25879-16 ------------------------- 258714-1 --------------------------- 281214-3 ------------------------- 2812101-18 ------------- 2587105-63- - - - - - 2668PROPOSED RULES:

105-60 -------------------- 2838


23 ----------------------- 120459-- 282372 -------------------------- 8

43 CFR4110 ------------------------- 2812PUBLIC LAN ORDERS:

5462---------------------- 017PROPOSED RULES:

2920 --------------------- 28183500 ---------------------- 25903520---------------------- 2590

45 CFR75 ----------------------------- 1 242141 ..--------------------------- 1017177 -------------------------- 2813233 --------- L ------------------ 1435PROPOSED RULES:

19 -------------------------- 270763 ------------------------- 151699 ..........---- .....- 1208,2208103 ------------------------- 8189 ------------- --------- 1053250 ----------------------- 2707

46 CFR35 ---------------------------- 2080978 -------------------------- 268097 ----------------------------- 2680196 ---------------------------- 2689221 ----------------------------- 2434PROPOSED RULES:

30 ------------------------ 2707151 ---- * ------------------- 2707283 ------------------------ 2445538 ----------------------- 1280

47 CFR2 ------------------------ 1243,28135 -------------- --------- 281373 -------- --------------- ---- 170076 ----------------------------- 260081 ------------------------- 243591 .............----- 102195 ----------------------------- 1243PROPOSED RULES:

21 ------------------------ 80073 ------------------------- 801,

1714, 1716, 2449, 2710, 2712,2713,2828

49 CFR173 ----------------------------- 2435178 ----------------------------- 2435217 -------------------------- 2600571 -------------------- 4,1240,12481033 ----------------- 1700,2587,26011064 ------------------------- 12481125 ------- * ------------------ 16241208 --------- ---------------- 2500PROPOSED RULES:

213 ----------------------- 1076395 ----------------------- 2208571 ------------------------- 10575 ---------------- L ........ 1213581 ------------------------ 10Ch. VI --------------------- 25341001 ---------------------- 17181124 ---------------------- 801

50 CFR28 -------------------- -762, 763, 170133 -------------------- 764, 1701, 2815216 ---------------------------- 764219 -----------------------------PROPOSED RULES:

17 -------------------------- 521 ----------------------- 2444216 ----------------------- 2820219 ----------------------- 2820

FEDERAL REGISTER PAGES AND DATES-JANUARY

Pages Data1-747 ----------------------- Jan. 2749-1002 ----------------------- 31003-1216-------------- 6------- 61217-1495----- ----------------- 71497-1679--- 8------------------ 81681-2172 --------------------- - 92173-2409 ---------------------- 102411-2573 ---------------------- 132575-2671 ---------------------. 142673-2790 ---------------------- 152791-2969 --------- 16

FEDERAL'REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

2791

Srules and regulationsThis section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are

keyed to and codified in the Code of Federal Regulations, which Is published under 50 titles pursuant to 44 U.S.C. 1510.The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books am listed In the first FEDERAL

REGISTER Issue of each month.

Title 7--Agriculture

SUBTITLE A--:OFFICE OF THE SECRETARYOF AGRICULTURE

PART 6-IMPORT QUOTAS AND FEESSubpart-Section 22.Import QuotasPRICE DETERSINATION FOR CERTAIN

CHEEsE

The subpart, Section 22 Import Quotas,is amended to" change -the price, deter-mined by the Secretary of Agriculture inaccordance with headnote 3(a) (v) ofPart 3 of the App'endix to the TariffSchedules of the United States, which isused as a basis for establishing, import-restrictions under Section 22 on certaincheese. The change from 78 to 84 centsper-pound is required since one of thefictors used in determining such price(the Commodity Credit-Corporation pur-chase price -for Cheddar 'Cheese underthe milk price support program) has been -increased.

The subpart, Section 22 Import Quotas,of Part 6, Subtitle A of Title 7, isamended as follows:

1. Section 6.16, under the heading"Price Determination for CertainQuotas", is amended to read as follows:§ 6.16 Price determination.

The price referred to in terms 950.10Bthrough 950.10E of Part 3 of the Ap-pendix to the Tariff Schedules, deter-mined by the Secretary of Agriculture inaccordance with headnote 3(a) (v) oft aid Part S8, is 84 cents per pound. Thisprice shall continue in effect; untilchanged by amendment of this section.

2. Group V of Appendix 1, under theheading 'Licensing. Regulations", isamended byehanglng the description ap-,pearing immediately-below Group V toread as follows:

Cheese described below, if shipped other-wise than In pursuance to a purchase, or ifhaving a purchase price under 84 cents perpound.

The foregoing amendment shall be ef-fective January 16, 1975. In accordancewith headnote 3(a) (v) of Part 3 of theAppendix to the Tariff Schedules of theUnited States, the change in price -ef-fected by this amendment would notmake the import restrictions containedIn items 950.10B through 950.10E of Part3 of the Appendix to the Tariff Schedulesof the United States applicable to cheesehaving a purchase price of 78 or morecents per pound if such cheese had beenexported to the United- States on athrough bill of lading or had been placedin bonded warehouse on or before thedate of -publication in. the zEDErAL REG-

ISEE of this amendment. Since the ac-tion taken herewith Involves foreign af-fairs functions of the United States, thisamendment falls within the foreign af-fairs exception to the notice and effec-tive date provisions of 5 U.S.C. 553.(Sec. 3, 62 Stat. 1248, as amended, 7 U.S.C.624; Part 3 of the Appendix to the TarLffSchedules of tho United States, 19 U.S.C.1202)

Issued at Washington, D.C., this 10thday of January 1975.

EARL .BuTz,Secretary.

[Fn Doc.75-1407 Filed 1-15-75;8:45 am]

CHAPTER I-AGRICULTURAL MARKETINGSERVICE (STANDARDS, INSPECTION,MARKETING PRACTICES), DEPART-MENT OF AGRICULTURE

PART 51-FRESH FRUITS, VEGETABLESAND OTHER PRODUCTS (INSPECTION,CERTIFICATION AND STANDARDS)Subpart-United States Standards for

Grades of Fresh Tomatoes1

COLOR CL&SSIFICAX4oNThe United States Department of

Agriculture is amending the UnitedStates Standards for Grades of FreshTomatoes (7 CFR 51.1855-51.1877) toreference newly developed U.S.D.visual aids. These grade standards areissued under authority of the Agricul-tural Marketing Act of 1946 (60 Stat.1087, as amended; 7 U.S.C. 1621-1627),which provides for the issuance of offi-cial U.S. grades to designate differentlevels of quality for the voluntary use ofproducers, buyers, and consumers. Offi-cial grading services are also providedunder this act upon payment of a feeto cover the cost of such service.

Statement of considerations leading tothe amendment of the standards. Thisdocument amends the United StatesStandards for Grades of Fresh Tomatoesby referencing a new U.S.D.A. TomatoVisual Aid TM-L-1. This visual aid con-sists of a chart containing the Color Clas-siflcation § 51.1860 of the Standards and.twelve color photographs Illustratingguides of the shade and percentage ofsurface color specified for the color terms"Green", "Breakers", "Turning", "Pink","Ight Red" and "Red". This visual aidwas developed by The John Henry Com-

'Packing of the product In conformitywith the requirements of theo standardashall not excuse faure to comply with thoprovisions of the Federal Food, Drug andCosmetic Act or with applicablo.State lawsand -egulations.

pany, Lansing, Michigan, with the collab-oration of and approval by the US.Department of Agriculture In coopera-tion with United Fresh Fruit and Vege-table Association. This visual aid is de-signed to promote more uniform inter-pretation and better understanding ofthe grade standards.

The Administrator has designatedUnited States Department of Agricul-ture Visual Aid TlU-L-I, as official to-mato coloi standards and has authorizedits manufacture and sale by The JohnHenry Company.

Section 51.1860 is amended by the ad-dition of the following paragraph (d):§ 51.1860 Color classification.

(d) Tomato color standards U.S.D.A.Visual Aid TMl-L-I consists of a. chartcontaining twelve color photographs il-lustrating the color classification re-quirements, as set forth n this section.This visual aid may be examined in theFruit and Vegetable Division, AMS, U.S.Department of Agriculture, South Build-ing, Washington. D.C. 20250; in any fieldoffice of the Fresh Fruit and VegetableInspection Service; or upon request ofany authorized inspector of such Service.Duplicates of this visual aid may be pur-chased from The John Henry Co., Post0111ce Box 1410, Lansing, Michigan 48904.

It is hereby found that notice of pro-posed rulemaking and public procedurethereon is impracticable, unnecessary,contrary to the public Interest In thatthis amendment is necessary to refer-ence the newly developed color standardsillustrating the color terms set forth in§ 51.1860 of the U.S. Standards forGrades of Fresh Tomatoes.

It is hereby found that good causeexists for not postponing the effectivedate of this amendment 30 days beyondthe date o£ publication hereof in the1rasanA RPcasrx, In that. (1) the 1975packng season for Fresh Tomatoes hasalready started and It is in the Interestof the public and the industry that thisamefidment be placed in effect as soon aspossible; and, (2) no special preparationis required for compliance with thisamendment on the part of members ofthe fresh tomato Industry or of others.

Accordingly, this amendment shall be-come effective February 1, 1975.(Sec. 203, 205, 60 Stat. 1087, as amended,1030 as amended; (7 U.S.C. 1622, 1624))

Dated: January 10, 1975.E. is. PErRso.

Admiizist rat or,Agricultural Marketing Service.

[FF Doc.75-140i Filed 1-15-75;8:45 am]

FEDERAL REGISTER, VOL 40, NO. 11---THURSDAY, JANUARY 16, 1975

RULES AND REGULATIONS

CHAPTER IX-AGRICULTURAL MARKET-ING SERVICE (MARKETING AGREE-MENTS AND ORDERS; FRUITS, VEGE-TABLES, NUTS), DEPARTMENT OFAGRICULTURE

[Orange Reg. 73, Anidt. 4; Export Reg.24, Amdt. 2]

PART 905-ORANGES, GRAPEFRUIT, TAN-GERINES, AND TANGELOS GROWN INFLORIDA

Grade and Size Requirements

These amendments lower the mini-mum grade requirement applicable to

resh shipments of Murcott Honeyoranges, grown in the production area inFlorida, to those grading Florida No. 1Golden. These amendments also lowerthe minimum diameter requirement forsuch shipments to 2-6/16 inches. Thespecification of such lower minimumgrade and size for Florida MurcottHoney oranges is necessary to satisfythe current and prospective demand forsuch oranges. The amended regulationsrecognize the quality of much of theMurcott Honey oranges currently avail-able for fresh shipment.

Findings. (1) Pursuant to the market-ing agreement, as amended, and OrderNo. 905, as amended (7 CFR Part 905),regulating the handling of oranges,grapefruit, tangerines, and tangelosgrown in Florida, effective under theapplicable provisions of the AgriculturalMarketing Agreement Act of 1937, asamended (7 U.S.C. 601-674), and uponthe basis of the recommendation of thecommittee established under the afore-said amended marketing agreement andorder, and upon other available infor-mation, it is hereby found that the reg-ulation of shipments of Murcott Honeyoranges, as hereinafter provided, willtend to effectuate the declared policy ofthe act.

(2) These amendments reflect theDepartment's appraisal of the currentand prospective demand for fresh Mur-cott Honey oranges by domestic and ex-port market outlets. Less restrictivegrade and size requirements for suchfruit are consistent with the externalappearance and available supply of suchoranges in the production area. Fresh1974-75 shipments of Florida MurcottHoney oranges are currently estimatedat 1,200 carlots.

(3) It is hereby further found that itIs impracticable and contrary to thepublic interest to give preliminary no-tice, engage in public rulemaking pro-cedure, and postpone the effective dateof these amendments until 30 days afterpublication in the FEDERAL REGISTER (5U.S.C. 553) because the time interveningbetween the date when information uponwhich these amendments are based be-came available and the time when theseamendments must become effective inorder to effectuate the declared policyof the act is insufficient; and theseamendments relieve restrictions on thehandling of Murcott Honey orangesgrown in Florida.

Order. 1. The provisions of paragraph(b) (7) and (b) (8) and paragraph (c) of

§ 905.555 (Orange Regulation 73; 39 FR32976, 37186, 40745, 42899) are amendedto read as follows:§ 905.555 Orange Regulation 73.

* * * *

(b)(7) Any Murcott Honey oranges,

grown in the production area, which donot grade at least Florida; No. 1 GoldenGrade;

(8) Any Murcott Honey oranges,grown in the production area, which areof a size smaller than 2%6 inches indiameter, except that a tolerance forundersize Murcott Honey oranges shallbe permitted as specified in § 51.1818 ofthe United States Standards for FloridaTangerines;

(c) Terms used in the amended mar-keting agreement and order shall, whenused herein, have the same meaning asis given to the respective term in saidamended marketing agreement andorder; Florida No. 1 Golden Grade shallhave the same meaning as provided inSection (1) (b) of Regulation 105-1.02, asamended, of'the Regulations of the Flor-ida Citrus Commission, and all otherterms relating to grade and diameter, asused herein, shall have the same mean-ing as is given to the respective term inthe United States Standards for FloridaOranges and Tangelos (7 CPR 51.1140-51.1180) or the United States Standardsfor Florida Tangerines (7 CFR 51.1810-51.1835).

* * * * *

2. In § 905.559 (Export Regulation 24;39 FR 32976, 37186) the provisions ofparagraph (b) (7) and (b) (8) and para-graph (c) are amended to, read asfollows:§ 905.559 Export Regulation 24.

• * * * *

(b) * * *(7) Any Murcott Honey oranges,

grown in the production area, which donot grade at least Florida No. 1 GoldenGrade;

(8) Any Murcott Honey oranges,grown in the production area, which areof a size smaller than 26 inches indiameter, except that a tolerance forundersize Murcott Honey oranges shallbe permitted as specified in § 51.1818 ofthe United States Standards for FloridaTangerines;

• * * * *k

(c) Terms used in the amended mar-keting agreement and order, includingImproved No. 2 grade, shall, when usedherein, have the same meanings as aregiven to the respective terms in saidamended marketing agreement andorder; Florida No. 1 Golden Grade shallhave the same meaning as provided inSection (1) (b) of Regulation 105-1.02,as amended, of the Regulations of "theFlorida Citrus Commission, and all otherterms relating to grade, except ImprovedNo. 2 grade, and diameter, as used hereinshall have the same meanings as aregiven to the respective terms in the fol-lowing United States Standards, as ap-

plicable: United States Standards forFlorida Oranges and Tangelos (Q§ 51.1140-51.1180 of this title), United StatesStandards for Florida Grapofrult(§ 51.750-51.784 of this title), or theUnited States Standards for FloridaTangerines (§§ 51.1810-51.1835 of thistitle).(Secs. 1-19 48 Stat. 31, as amended, (7 U.S.C.

601-674))Dated, Jahuary 13, 1975, to become ef-

fective January 20, 1975.CIIARTr.S R. BnAD n,

Acting Director, Fruit andVegetable Division, Agrioul-tural lMarketing Service.

[PR Doc.75-1626 Piled 1-16-758:45 am]

[Navel Orange Reg. 235]PART 907-NAVEL ORANGES GROWN IN

ARIZONA AND DESIGNATED PART OFCALIFORNIA

Limitation of HandlingThis regulation fixes the quantity of

California-Arizona Navel oranges thatmay be shipped to fresh market duringthe weekly regulation period January 17-23,1975. It is issued pursuant to the Agri-cultural Marketing Agreement Act of1937, as amended, and Marketing OrderNo. 907. The quantity of Navel orangesso fixed was arrived at after consider-ation of the total available supply ofNavel oranges, the quantity currentlyavailable for market, the fresh marketdemand for Navel oranges, Navel orangeprices, and the relationship of seasonaverage returns to the parity price forNavel oranges.§ 907.635 Navel Orange Regilation 335.

(a) Findings. (1) Pursuant to the mar-keting agreement, as amended, and OrderNo. 907, us amended (7 CPR Part 907),regulating the handling of Navel orangesgrown in Arizona and designated partof California, effective under the appli-cable provisions of the Agricultural Mar-keting Agreement Act of 1937, as amend-ed (7 U.S.C. 601-674), and upon thebasis of the recommendations and infor-mation submitted by the Navel OrangeAdministrative Committee, establishedunder the said amended marketing agree-ment and order, and upon other avail-able information, it Is hereby found thatthe limitation of handling of such Naveloranges, as hereinafter provided, willtend to effectuate the declared policy ofthe act.

(2) The need for this regulation tolimit the respective quantities of Naveloranges that may be marketed from DIs-trict 1, District 2, and District 3 duringthe ensuing week stems from the pro-duction and marketing situation con-fronting the Navel orange industry.

(I) The committee has submitted itsrecommendation with respeot to thequantities of Navel oranges that shouldbe marketed during the next succeedingweek. Such recommendation, designed toprovide equity of marketing opportunityto handlers in all districts, resulted fromconsideration of the factors enumerated

FEDERAL REGISTER, VOL -40, NO. 1 1-THURSDAY, JANUARY 16, 1975

2792


in the order. The committee further re-ports that the fresh market demand forNavel oranges is fair. Prices f.o.b. aver-aged $3.41 per carton on a reported salesvolume of 928 carlots last week, compared-with an average f.o.b. price of $3.56 per

- carton and sales of 787 carlots a weekearlier. Track and rolling supplies at 368cars were up 13 cars from last week.

(ii) Having considered the recommen-dation and Information submitted by thecommittee, and other available informa-tion, the Secretary finds that the respec-tive quantities of Navel oranges whichmay be handled should be fied-as here-inafter set forth.

(3) It Is hereby further found that itIs impracticable and contrary to th6public interest to give preliminary no-tice,- engage in public rule-making pro-cedure, and postpone the effective dateof this section until 30 days after publi-cation hereof in the mERn R zzasR(5 U-S.C. 553) because the time interven-Ing between the date when informationupon which this section is based becameavailable and the time this section mustbecome effective in order to effectuatethe declared policy-of the act is insuffi-cient, and a reasonable-tlme is permitted.under the circumstances, for prepara-tion for such effective time; and goodcause exists for making the provisionshereof effective as hereinafter set forth.The committee held an open meetingduring the current week,.after giving duenotice thereof, to consider supply andmarket conditions for Navel oranges andthe need for regulation; interested per-sons were afforded an opportunity to sub-mit in-formation and views at this meet-Ing;'the recommendation and support-ing information for regulation, includingits effective time, are identical with theaforesaid recommendation of the com-mittee, and Information concerning suchprovisions and effective time has beendisseminated among handlers of suchNavel oranges; it is necessary, in orderto effectuate the declared policy of theact, to make this section effective duringthe period herein specified; and compli-ance with this '-ection will not require

- any special preparation on the part ofpersons subject hereto which cannot becompleted on or before the effective date'hereof. Stch committee meeting washeld on January 14, 1974.

(b) Order. (1) The respective quanti-ties of Navel oranges grown in Arizonaand designated part of California whichmay be handled-during the period Jan-uary 17, 1975, through January 23, 1975,.are hereby fixed, as follows:

(I) District 1: 1,032,000 cartons;(i) District 2: 144,000 cartons;(iII) District 3: 24,000 cartons.(2) As used in this section, "handled,"

,District. 1,1" "District 2," "District 3,"and "carton" have the same meaning aswhen used In said amended marketing

-agreement and order.

(Ses. 1-19, 48 Stat. 31, as amended (7 US.C.601-674))

Dated: January 15, 1975.CHARLES R. BRADE ,

Acting Director, Fruit andVegetable Division, Agricul-tural Marketing Service.

[FR Doc.75-1711 Flled 1-15-75;11:42 am]

[Llmo Reg. 34, Amdt. 3]

PART 911-LIMES GROWN IN FLORIDALimitation of Shipments

This amendment sets the minimumsize requirement for shipments of Per-sian type limes grown in Florida at 1%inches for the period January 13 throughApril 13, 1975, rather than 1% inchescurrently established for the period. Thisrequirement is designed to promote or-derly marketing and provide consumerswith an ample supply of acceptable-quality fruit.

Findings. (1) Pursuant to the market-ing agreement, as amended, and OrderNo. 911, as amended (7 CFR Part 911),regulating the handling of limes grownin Florida, effective under the applicableprovisions of the Agricultural MarketingAgreement Act of 1937, as amended (7U.S.C. 601-674), and upon the basis ofthe recommendations of the Florida LimeAdministrative Committee, establishedunder the aforesaid. amended market-Ing agreement and order, and upon otheravailable information, It is hereby foundthat the limitation of handling of limes,as hereinafter provided, will tend to ef-fectuate the declared Policy of the act

(2) Shipment of Persian type limes 1%inches in diameter and larger is cur-rently authorized under Lime Regulation34, Amendment 2 (39 FR 15097) throughApril 30, 1975. However, this requirementshould be modified to allow the shipmentof limes 1% inches In diameter andlarger during the period January 13through April 13, 1975, as limes are ma-turing at smaller sizes than normal thisseason, particularly late bloom fruit,which is not sizing normally. Thesesmaller limes are of good quality, andthey meet the minimum Juice contentrequirements. The release of thesesmaller-sized limes would make morefruit available for market during theremainder of this season. The minimumsize requirement would return to 1%inches on April 14, 1975, when new cropfruit becomes available and the higherminimum Is necessary to prevent th6shipment of immature fruit.

(3) It Is hereby further found that ItIs-impracticable and contrary to the pub-lic interest to give preliminary notice,engage in public rulemaking procedure,and postpone the effective date of thisamendment until 30 days after publica-tion thereof in the FEDERAL Rzc rsr (5U.S.C. 553) in that the time intervening

between the date when information uponwhich this amendment is based becameavailable and the time when this amend-ment must become effective in order toeffectuate the declared policy.of the actIs insufficlent; and this amendment re-lieves restrictions on the handling oflimes.

Order. The provisions of paragraph(a) (3) of § 911.336 Lime Regulation 34(38 FR 12324; 13385; 39 FE 15097) areamended to read as follows:§ 911.336 Lime Regulalion 34.

Order. (a) 0 * *(3) Any limes of the group known as

large fruited or Persian "seedless" limes(including Tahiti, Bearss, and similarvarieties) which are of a size smallerthan 1% inches In diameter: Provided,That during the period January 13through April 13,1975, any handler mayhandle limes of such group that aresmaller than 17% inches in diameter pro-viding such limes are not smaller than1% inches In diameter.

(Sees. 1-19, 48 Stat. 31, as amended; (7 VS.C.01-674) )

Dated, January 13, 1975, to becomeeffective January 13, 1975.

CHARLES P_ BRADEn,Acting Director, Fruit and Vege-

table Division, AgriculturalMarketing Service.

[FR Ic.75-1528 Plied 1-15--5;8:45 am -

[Lime Beg. 5, Amdt. 31 -

PART 944--FRUITS; IMPORTREGULATIONS

Limitation of ShipmentPursuat to the provisions of section

8e of the Agricultural Marketing Agree-ment Act of 1937, as amended (7 U.S.C.601-674), paragraph (a) (3) of § 944.204(Lime Regulation 5; 36 FR 10774; 22008;38 FR 12603) .is amended to read as fol-lows:§ 9-14.204 Lime Regulation 5.

(a) ' * 0(3) Such limes of the group known as

large fruited or Persian "seedless" limes(including Tahiti, Bearss, and similarvarities) are of a size not smaller than1% inches In diameter: Provided, Thatduring the period January 13 throughApril 13, 1975, such limes of the groupknown as large fruited or Persian "seed-less" limes (including Tahiti, Bearss, andsimilar varieties) are of a sizenot smallerthan 1% inches In diameter; and

It is hereby found that it is impracti-cable, unnecessary, and contrary to thepublic interest to give preliminary no-tice, engage In public rulemaking proce-dure, and postpone the effective time ofthis amendment beyond that hereinafter

FEDERAL REGISTER, VOL 40, NO. 11-THUSDAY, JANUARY 16, 1975

_ 2793

2794

specified (5 U.S.C. 553) In that (a) therequirements of this amended importregulation are imposed pursuant to sec-tion 8e of the Agricultural Marketing,Agreement Act of 1937, as amended (7U.S.C. 601-674), which makes such regu-lation mandatory; (b) such regulationImposes the same restrictions being madeapplicable to domestic shipments of limesunder Lime Regulation 34, Amendment3 (§ 911.336), which becomes effectiveJanuary 13, 1975; (c) compliance withthis amended import regulation will notrequire any special preparation whichcannot be completed by the effectivetime hereof; and (d) this amendmentrelieves restrictions on the importationof limes.(Secs. 1-19, 48 Stab. 31, as amended; (7U.S.C. 601-074))

Dated, January 13, 1975, to become ef-fective January 13, 1975.

CHARLES R. BRADER,Acting Director, Fruit and

Vegetable Division, Agricul-tural Marketing Service.

[FR Doc.75-1527 Filed 1-15-75;8:45 am]

[Amdt. 1]

PART 971-LETTUCE GROWN IN LOWERRIO GRANDE VAIrLEY IN SOUTH TEXAS

Limitation of HandlingFindings. (a) Pursuant. to Marketing

Agreement No. 144 and Order No. 971 (7CFR Part 971) regulating the handlingof lettuce grown in the Lower RioGrande Valley in South Texas it is here-by found that the amendment to thehandling regulation, hereinafter setforth, will tend to effectuate the declaredpolicy of the act. This program is effec-tive under the Agricultural MarketingAgreement Act of 1937, as amended (7U.S.C. 601 et seq.). The amendment isbased upon recommendations- and infor-mation submitted by the South TexasLettuce Committee, established pursuantto said marketing agreement and orderand upon other available information.

Below freezing temperatures are pre-dicted for the production area. during theweekend of January 11-12. This amend-ment is necessary so that growers canmarket currently available lettuce asquickly as possible and to fully utilize re-maining supplies.

(b) It is hereby found that it is im-practical and contrary to the public in-terest to give preliminary notice, or toengage in public rule making procedure,and that good cause exists for not post-poning the effective date of this amend-ment until 30 days after publication inthe FEDERAL REGISTER (5 U.S.C. 553) inthat (1) this amendment must becomeeffective immediately if producers are toderive any benefits therefrom, (2) com-pliance with this amendment will notrequire any special prepatations on thepart of handlers, (3) Information re-garding the proposed regulation has beenmade available to producers and han-

RULES AND REGULAtIONS

FEDERAL REGISTER, VOL. 40, NO. 11-THURSDAY, JANUARY 16, 1975

dlers in the production area, and (4) In the rules as proposed and as adopteathis amendment relieves restrictions on herein shall apply to any alien who Isthe handling of lettuce grown in the admitted as a B-2 nonimmigrant orproduction area. whose status Is changed to that of a B-2

Regulation, as amended. In § 971.315 nonimmigrant on or after February 16,(39 FR 38888) the introductory para- 1975. The prohibition shall also apply tograph is hereby amended by adding the any alien admitted as a B-2 nonimmi-following thereto: grant or whose status was changed to

971.315 Handling regulation. that of a B-2 nonimmigrant prior toFebruary 16, 1975, who submits an ap-

* * *, except that the prohibition plication for extension of temporary stayagainst the packaging of lettuce on Sun- on or after the latter date and has pre-days shall not apply on January 12 and viously been granted an extension of his19, 1975. temporary stay.

, . * , . . While under the rules adopted herein a3-2 nonimmigrant will not be eligible to

Effective date. Issued January 10, apply for and be granted an extension1975, to become effective upon issuance. of stay beyond the period for which he

CHARLES R. BRADER, has been initially admitted by an Immi-Acting Director, Fruit and Veg- gration officer, existing and long-estab-

etable Division, Agricultural lished Service procedures permit a dis-Marketing Service. trict director of this Service to grant an

alien permission to remain In the UnitedJAUARY 10, 1975. States beyond the alien's previously au-[PR Doc.75-1405 Filed 1-15-15;8:45 am] thorized stay, if such officer determines

__ the existence of compelling circum-Title 8-Aliens and Nationality stances warrant such action.

The proposed rules, as modified, andCHAPTER I-IMMIGRATION AND NATU- as set forth below, are hereby adopted:

RAUZATION SERVICE, DEPARTMENT 1. In § 214.1, the third sentence ofOF JUSTICE paragraph (a) is amended to read as

PART 214-NONIMMIGRANT CLASSES follows:Visitors for Pleasure; Ineligibility for § 214.1 Requirements for admission,

Extension of Temporary Stay extension, and maintenance of status.Reference is made to the Notice of (a) General. * * * A nonimmigrant

Proposed Rule Making wich was pub- other than one in the classes defined inlished in the Federal Register of Septem- section 101 (a) (15) (A) (i) or (i) or (G)ber 12, 1974 (39 FR 32919) pursuant to (I), (il), (Iii), or (lv) of the Act (mem-section 553 of Title 5 of the United States bers of which classes are not required toCode (80 Stat. 383) and in which there obtain extensions of stay If they continuewere set forth the proposed amendments to be so recognized by the Secretary ofof §§ 214.1(a) and 214.2(b) of Part 214, State as members of such classes); sec-Chapter I, Title 8 of the Code of Federal tlon 101(s) (15) (B) who is visiting theRegulations, pertaining to the period of United States temporarily for pleasureadmission of a temporary visitor for and section 101(a) (15) (C), (D), or (W)pleasure and his eligibility for extension of the Act (members of which classes areof his temporary stay. ineligible for extensions of stay); or sec-

The amendment to § 214.1(a), as pro- tion 101(a) (15) (F) or (J) of the Act,posed, provided that a nonimmigrant and whose period of admission has notwithin the class defined in section 101 expired, shall apply on Form 1-539 and'(a) (15) (B) who is visiting the United may be granted or denied, without ap-States temporarily for pleasure is ineligi- peal, an extension' of his period of tem-ble for an extension of his -temporary porary admission by an officer In chargestay. The amendment to § 214.2(b), as of a suboffice or a district director. * * *proposed, retained the existing provision , , ,that a temporary visitor for pleasure 2. In § 214.2, paragraph (b) is amendedcould be admitted for an initial period to read as follows:of not more than six months, but deletedthe Provision that he could be granted § 214.2 Special requirements for admis.extensions of temporary stay in incre- sion, extension, and maintenance ofments of not more than six months. status.

A number- of representations were re- * *ceived concerning the proposed rules of (b) Visitors. The classification of visi-September 12, 1974, and were duly con- tors in the Act has been subdivided forsidered. No change has been made in the visa, admission, and extension purposesproposed amendment of § 214.1(a). A into visitors for business (B-1) and vlsi-modification has been made in the pro- tors for pleasure (B-2). A B-1 visitorposed amendment of § 214.2 (b) which, may be admitted for an Initial period ofwhileproviding thatsB-2nonimmigrant not more than six months and may bewill ordinarily be admitted for a period granted extensions of temporary stay innot exceeding six months, would permit increments of not more than six months.his admission for a period not exceeding ,one year in certain circumstances. A 3-2 visitor shall ordinarily be admit-

The prohibition against extensions of ted for a period of not more than sixstay for 13-2 nonimmigrants contained months, but may be admitted for a

longer period not exceeding one year Ifthe admitting immigration officer deter-_mines that emergent, compelling, orother special circumstances. exist war-ranting such longer admission period.

(Sec. 103, 66 Stat. 173; 8.Us.C. 1103)

The basis and purpose of the above-prescribed rules are to exclude nonimmi-grant visitors for pleasure from theclasses of nonimmigrants eligible to ap-ply for or to be granted extensions oftemporary- stay, thereby reducing the

.workload of applications requiring ad-judication which is necessitated by man-power considerations.

Effective date. !he amendments to theregulations contained in this order shallbecome effective February 16, 1975.

Dated- January 10, 1975.L. F. Cisrzx", Jr.,

Commissioner of Immigrationand Naturalization.

[FRDoc.75-1457 lPled 1-15-75;8:45 am]

Title 10-EnergyCHAPTER I-FEDERAL ENERGY

ADMINISTRATIONPART 210-GENERAL ALLOCATION

- AND PRICE RULESPART 212--MANDATORY PETROLEUM

- PRICE REGULATIONS-Clarifications to the Definitions of Covered

ProductsOn September 6, 1974, the Federal En-

ergy Administration issued a notice pro-posing a number of significant changes inthe Mandatory Petroleum Price Regu-lations, including- possible clarificationsto th- definitions of covered products.(39 FR 32718, September 10, 1974). Com-ments were invited from interested per-sons by September 27, 1974, and morethan 80 comments were received. A pub-lic hearing-on the proposal was heldSeptember 30 and October 1, 1974, atwhich approximately 20 interested per-sons presented statements. The PEA hasconsidered carefully all comments andstatements submitted in this proceeding,and has concluded that action should betaken to clarify the defiuttions of cov-ered products, as was proposed in theSeptember 10, 1974, notice, to be -effec-tive immediately.

The PEA has previously amended itsregulations withrespect to certain ofthe changes proposed in the Septem-ber 10 notice while action on certainother proposals has been deferred pend-ing further study and analysis by thePEA. Those -proposals -hich have notyet been acted on continue to be underactive consideration by PEA for deci-sionin this proceeding.

With respect to "covered products"(i.e., those products which are subject toPEA price regulations), the intent of theFEO, and now the FEA, has always beento- exercise its regulatory authorityunder the Emergency Petroleum Alloca-tion Act of 1973 (Pub. L. No. 93-159),with respect to all products that are sub-ject to that Act. Previous definitions of


"covered products," as Eet forth In theMandatory Petroleum Price Regulations,were in no way Intended to restrict thescope of the price regulations' to any-thing less than all the products subjectto the Act. PEA has, however, concludedthat the clarifying amendments adoptedtoday are needed to provide more specificguidance as to those products which fallwithin the more general categories ofproducts that have been set forth in theAct-and in the PEA regulations.

The Emergency Petroleum AllocationAct of 1973 directs the President to pro-mulgate regulations providing for theallocation and pricing of "crude oil, re-sidual fuel oil, and refined petroleumproducts." While crude oil and residualfuel oil are not defined in the Act, theterm "refined petroleum products' Isfurther defined in section 3(5) to include"gasoline, kerosene, distillates (includingNumber 2 fuel oil), LPG, refined lubri-cating oils or diesel fuel" IPG is fur-ther defined in section 3(6) to mean"propane and butane, but not ethane."

Although this statutory languagespeaks in terms of certain enumeratedproducts, Congress intended to providefor the regulation of a broader rangeof petroleum products than only thosethat meet the technical specifications ofthe products enumerated in the Act. Theaccompanying conference report evi-dences Congress' understanding that aneffective allocation program "must becomprehensive in scope and thereforemst include the major refined compo-nents of a barrel of crude oil" Conf. Rep.1No. 628, 93d Cong., 1st Sess. 20 (1973).The report also makes clear Congress'intent that the regulatory mandate notbe constrained by technical definitionsof the terms used In the Act:

Special mention ahould be made of theterm "refined petroleum product" which istaken from the House amendment. Thisterm Is defined to mean kerosene, gasoline,distillates (including Number 2 fuel oil),LPG (as further defined to mean propaneand butane), refined lubricating olls. or die-sel fuel. The conference committee consIderathe term "keroseno" to also encompass jetfuel and the term "diesel fuel" to alsO referto light commercial heating oil It is under-stood that the term "distillates" when ap-plied In a technical cens would encompamonly Numbers 1, 2, and 4 fuel oils. It is thecommlItte's Intent, however, that this termalso reach to include naphtha and benzenoso as to require the allocation of thee prod-ucts as may be necessary to accomplish theobjective of restoring and fostering competi-tion In the petrochemical sector of industry.In this respect the conference committeewishes to emphasize that, In expre--ing con-giesslonal concern with fostering competi-tion In the petrochemical industry, the com-mittee Intends to also Identify petrochemicalfeedstock needs as Important end-ures forwhich allocatlon should be made.ic. at 16-17o

Pursuant to this congressional direc-tive, PEA (and before that PEO) hassince Its inception sought to dischargecompletely its statutory obligation byadopting Mandatory Petroleum PriceRegulations that encompass the fullspectrum of products within its regula-

-tory responsibility. However, in the Sep-

2795

tember 10 notice, PEA recognized thepossible need "for a more comprehensiveand definitive listing of products whichare covered... "1 (39 PR -32724) Com-ments were therefore'solicited from in-terested parties as to any areas in which-there might be some question whetherparticular products are covered by theregulations.

Comments addressed to this issueranged from the suggestion that FEAadopt a comprehensive listing of petro-leum products, subject to the regula-tions, to the suggestion that FEA listonly those products explicitly exemptfrom mandatory price regulations. PEAhas considered all the comments and theinformation presented at the publichearings and has concluded that anyattempt to provide an all encompassinglisting of each specific petroleum prod-uct that Congress intended to be coveredby mandatory price regulations would bean Impossible task, fraught with prac-tical problems of drafting and Imple-mentation, since derivative products ofcrude petroleum number well in thethousands.

PEA has concluded, however, that asomewhat more comprehensive listing ofthe products covered by its regulationswould serve to ensure that the priceregulations have uniform applicabilityto each entity In the industry. This clar-ifying amendment, therefore, sets forthmore explicitly the covered product cate-gories to which the PEA regulations areapplicable. The amendment does not, byIts explicitness, broaden or narrow thescope of the regulations, or include orexclude any products for the first time.(Emergency Petroleum Allocation Act of1973, Pub. L. 93-159; Federal Energy Admin-istration Act of 1974, Pub. L. 93-275; E.O.21790,39 PR 23185.)

In consideration of the foregoing,Parts 210 and 212 of Chapter Ir, Title 10of the Code of Federal Regulations, areamended as set forth below, effectiveimmediately.

Issued in Washington, D.C. on Janu-ary 10, 1975.

R oaR E. MooLMoYa, Jr,General Counsel,

Federal Energy Administration.1. Section 210.21 is amended to revise

the definition of "Covered products" toread as follows:§ 210.21 Definlilons.

a ~."Covered Products" means crude oil,

residual fuel oil, and refined petroleumproducts and is coextensive with the termcovered products as defined in § 212.31.

2. Section 212.1 is revised in paragraph(a) to read ts follows:§ 212.1 Scope.

(a)- This part sets forth the price rulesfor firms engaged In the production andsale of covered products and the leasingof real property used in the retailing of



:59 p.m., e.s.t., Janu-

* * * * S

3. Section 212.31 is amended to deletethe definitions of "LPG", "Propane-butane mix", and "Refined petroleumproducts", and to revise the definitionsof "Aviation fuels", "Butane", "Coveredproducts", "Crude oil", "Domestic crudepetroleum', "Gasoline", "Propane", and"Residual fuel oil", to read as follows:

§ 212.31 Definitions.

"Aviation fuels" means aviation fuel(kerosene-type), aviation fuel (naphtha-type), and aviation gasoline.

* * * S

"Butane" means a hydrocarbon whosechemical composition is predominantlyC4H1,, whether recovered from naturalgas or crude oil.

"Covered products" means aviationfuels, benzene, butane, crude oil, gas oil,gasoline, greases, hexane, kerosene,lubricant base oil stocks, lubricants,naphthas, natural gas liquids, naturalgasoline, No. 1 heating oil and No. 1-Ddiesel fuel, No. 2 heating oil and No.2-D diesel fuel, No. 4 fuel oil and No.4-D diesel fuel, propane, residual fueloil, special naphthas (solvents), toluene,unfinished oils, xylene, and other fin-Ished products. A blend of two or moreparticular covered products is consideredto be .that particular covered productconstituting the major proportion of theblend.

"Crude oil" means a mixture of hy-drocarbons that existed in liquid phasein underground reservoirs and remainsliquid at atmospheric pressure afterpassing through surface separating facil-ities, and lease condensate, which is anatural gas liquid recovered in associ-ated production by lease separators.

"Domestic crude petroleum" meanscrude oil produced in the United Statesor from the "outer continental shelf"

-as defined in 43 U.S.t. § 1331.

"Gasoline" means all of the variousgrades, other than aviation gasoline, ofrefined petroleum naphtha which, by itscomposition, is suitable for use as acarburant in internal combustionengines.

"Propane" means a hydrocarbon whosechemical composition is predominantlyCJ-L, whether recovered from naturalgas or crude oil.

"Residual fuel oil" means those fueloils commonly known as ASTM GradesNo. 5 and No. 6 fuel oils, heavy diesel,Navy Special, Bunker C and all otherfuel oils which have a fifty percent boil-ing point over 7000 F. in the ASTM D86standard distillation test.

* * * * *

4. Section 212.31 Is amended to addthe following definitions:

gasoline, effective 11ary 14, 1974.

§ 212.31 Definitions.

"Aviation fuel (kerosene-type)" means.a relatively low freezing point distillateof the kerosene type and includes allkerosene products with an average grav-ity of 40.70 API and 10% to 90% distilla-tion temperatures of 390* F. to 470' F.covered by ASTM D1655 specifications,and including JP-5 and other fuels meet-ing military specifications (MIL-T-5624G Amend. 1).

"Aviation fuel (naphtha-type)" means.all fuels in the heavy naphtha boilingrange with an average gravity of 52.8.API and 10% to 90% distillation tem-peratures of 2100 F. to 420 ° F., includ-ing JP-4 and'other fuels meeting mili-tary specifications MIL-F-5624 andMIL-T-5624G, used for turbojet andturboprop aircraft engines, primarily bythe military.

"Aviation gasoline" means all of thevarious grades of aviation gasoline as de-fined in ASTM D910-70.

"Benzene" means an aromatic hydro-carbon whose chemical composition ispredominantly CHo.

* * € * *

"Gas oil" means all liquid petroleumdistillate having a viscosity intermediatebetween that of kerosene and lubricatingoil.

"Greases" means all lubricatinggreases which are solid to semi-fluidproducts comprising a dispersion of athickening agent in a liquid lubricant.

"Hexane" means a hydrocarbon whosechemical composition is predominantlyCH 4.

"Kerosene" means all refined petro-leum distillate suitable for use as anilluminant when burned in a wick lamp.

"Lubricant base oil stocks" means allrefined petroleum products that are pri-mary components used in the com-pounding and blending of lubricants andgreases, including but not limited tobright stocks, solvent neutrals, coastaloils, pale oils and red oils.

"Lubricants" means all grades of lu-bricating oils that have been blendedwith the necessary lubricating oil com-position in a form that is designed to beused for lubricating purposes whereinsaid lubricating oils are comprised ofgreater than ten (10) percent by weightof refined petroleum products.

"Naphthas" means all petroleum frac-tions, not otherwise defined as aviationfuels, gasoline, or special naphthas,made up predominantly of hydrocarbonswhose boiling point falls within the tem-perature range of 85* to 4300 F.

"Natural gas" means natural gas asdefined by the Federal Power Commis-sion.

"Natural gas liquids" means a mixedhydrocarbon -stream containing, in


whole or in substantial part, mixturesof ethane, butane (iso-butane and nor-mal butane), propane or natural gaso-line.

"Natural gasoline" means all liquidhydrocarbon mixtures, containing sub-stantial quantities of pentanes andheavier hydrocarbons, that have beenextracted from natural gas.

"Other finished products" means allfinished products, not otherwise definedas a particular covered product, such as,but not limited to, petrolatum, absorp-tion oils, ram jet fuel, petroleum rocketfuels, and other finished products exceptfinished petrochemicals.

"Special naphthas (solvents)" meansall finished products within the gasolinerange, not otherwise defined as aviationfuels or gasoline, specially refined tospecified flash point and boiling range,for use as paint thinners, cleaners,solvents, etc.

"Toluene" means an aromatic hydro-carbon whose chemical composition ispredominantly C H,.

"Unfinished oils" means all oils re-quiring further processing, i.e., any op-eration except mechanical blending.

* * * * *

"Xylene" means a mixed stream ofaromatic hydrocarbons whose chemicalcomposition is predominantly C8Ho0 con-taining, in whole or in substantial part,the isomers para-xylene, meta-xylene,and ortho-xylene.

JFR Doc.75-1368 Filed 1-13-75;9:28 am]

Title 13-Business Credit and Assistance

CHAPTER Ill-ECONOMIC DEVELOP-MENT ADMINISTRATION, DEPART-MENT OF COMMERCE

PART 304--OVERALL ECONOMICDEVELOPMENT PROGRAM

Grant and Loan Program

Part 304 of Chapter III of Title 13 ofthe Code of Federal Regulations is herebyamended.

In that the material contained hereinIs a matter relating to the grant and loanprogram of the Economic DevelopmentAdministration, the relevant provisionsof the Administrative Procedure Act (5U.S.C. 553) requiring notice of proposedrulemaking, opportunity for public par-ticipation, and delay in effective date areinapplicable.

Section 304.9 is amended by addingparagraph (e) to read as follows!

§ 304.9 Revised OEDP.

(e) Before any revised OEDP for adistrict is approved by EDA, it shall bereviewed by appropriate governmentalbodies and all - organized interestedgroups, especially the appropriate Stateagency, those organizations with OMB

2796

RULES AND IIEGULATIONS

Circular A-95 review authority, and theEDA Regional Of-ace.(See. 701, Pub. L. 89-136 (August 26, 1965);42 U.S.C. 3211; 79 Stat. 570 and Departmentof Commerce Organization Order 10-4,April 1,1970 (35 FR 5970))

Effective date: This amendment be-comes effective on January 16,1975.

Dated: January 10, 1975.D; J. CAIXmr,

Acting Assistant Secretaryfor Economic Development.

FR Doc.75-1397 Filed 1-15-75;8:45 am]

Title 14-Aeronautics and SpaceCHAPTER I-FEDERAL AVIATION ADMIN-

ISTRATION, DEPARTMENT OF TRANS-PORTATION[Docket No. 13243; Amdts. 21-42; 36-4]

PART 21-CERTIFICATION PROCEDURESFOR PRODUCTS AND PARTS

PART 36-NOISE STANDARDS: AIRCRAFTTYPE AND AIRWORTHINESS CERTIFI-CATION I

Noise Standards for Propeller Driven SmallAirplanes

CorrectionIn FR Doe 74-30537 appearing at page

1029 in the issue of Monday, January 6,1975, the following changes should bemade onpage 1034:

In the third column, paragraph (3),-beginning "If the airplane * *" thewords "Appendix W" in the third lineshould read-"Appendix F.

[Airworthiness Docket No. 74-WFR-54-AD;

Amdt. 39-2064]PART 39-AIRWORTHINESS

,DIRECTIVESAiResearch Model GTCP660-4 and -4R

Auxiliary Power Units (APU)Correction -

In FR Doe '75-177 appearing at page1036 in the issue of Monday, January 6,1975 the docket number should read asset forth above.

CHAPTER 1I-CIVIL AERONAUTICSBOARD

SUBCHAPTER A-ECONOMIC REGULATONS

[Beg. E ,-895. Amdt. 1]PART 228-EMBARGOES ONPROPERTY

Contents of Embargo NoticeAdopted by the Civil Aeronautics

Board at its office in Washington, D.C.,January 13, 1975.

By regulation OR-90, adopted Novem-ber 7, 1974, the Board's Office of Con-sumer Affairs was fedesignated as theOffice of the Consumer Advocate. Thereference, in § 228.4(h) of the Board'sEconomic eegulations (14 CIR 228.4(h)), to the "Director of the Office ofConsumer Affairs" must be changed toreflect the redesignation. The purposeof this amendment Is to make suchchange.

This editorial amendment Is issued bythe undersigned pursuant to a delega-tion of authority from the Board to theGeneral Counsel, in 14 CFR 385.19 andshall become effective on February 5,1975. Procedures for review of thisamendment by the Board are set forthin Subpart C of Part 385. (14 CPR 385.0through 385.54).

Accordingly, the Board hereby amendsparagraph (h) of § 228.4 (14 CFR 228.4(h)), effective February 5, 1975, to readas follows:§ 228.4. Contents of cmbargo notice.

(h) A note which reads as follows:Any interested person may make an in-

formal complaint concerning the embargodescribed in this notice by addrcsing suchcomplaint to the Director, Omco of the Con-sumer Advocate, Civil Aeronautic3 Board,Washington, D.C. 20428. In addition, any in-terested person may make a formal com-plaint against such embargo (ceo 14 CFR302.201).(Sec. 204(a). Federal Aviation Act of 1958,as amended, 72 Stat. 743; (49 U.S.O. 1324))

By the Civil Aeronautics Board.lswALI Tnoi=s J. HExr,

General Counsel.[1 Doc.35-1519 Filed 1-15-75;8:45 am]

TiUe 19--Customs DutiesCHAPTER I-UNITED STATFES

CUSTOMS SERVICE[T.D. 75-21]

PART 171-FINES, PENALTIES, ANDFORFEITURES

Voluntary DisclosuresSubpart A of Part 171 of the Customs

Regulations revised to set forth presentCustoms policy n regard to voluntarydisclosures, of Customs violations and toestablish a prepenalty notice procedure.

It has been the established policy ofthe United States Cusfoms Service withrespect to voluntary disclosures of vlo-lations of Customs laws of the type re-ferred to under section 592, Tariff Actof 1930. as amended (19 U.S.C. 1592),which may result in a loss of revenue,to mitigate the statutory liability in suchcases, upon the iling of a petition for re-lief, to an amount not exceeding thetotal loss of revenue, provided a tender,as withheld duties, of the actual loss ofrevenue was made. In order that all in-terested parties may be informed ofCustoms policy In regard to such volun-tary disclosures, It has been decided to setforth this policy in the Customs Regu-lations.

It has also been decided toset forth Inthe Customs Regulations a new pro-penalty notice procedure, which willintroduce an additional element offlexibility in the Customs processing ofcertain penalty cases and afford partiesagainst whom Customs contemplates Is-suing a claim for forfeiture value under§ 162.31 of the Customs Regulations (19CFR 162.31) an opportunity to refute the

allegations prior to the Issuance of theclaim.

Under the prepenaltynotice procedure,the appropriate district director of Cus-toms would Issue such a notice to a partyagainst whom he contemplates ssuinga claim for forfeiture value exceeding$25,00a for a violation of section 592,Tariff Act of 1930, as amended (19 U.S.C.1592). The prepenalty notice would seforth the nature of the alleged violationand would provide that unless the im-porter makes a written presentationwithin 30 days of specific evidence eitherto refute the purported violation or toestablish that he had reasonable causeto believe that his action In the case wasproper, a claim for forfeiture value willbe issued against him. The procedurewould also authorize the district directorto afford the party to whom the pre-penalty notice was Issued an opportunityto make an oral presentation In hisbehalf. A decision as to whether a claimfor forfeiture value would be issued wouldtake into account both vitten and oralpresentations of arguments made pursu-ant to the prepenalty notice.

Accordingly, Part 171 of the CustomsRegulations (19 CFR Part 171) Is revisedin the following manner:

Subpart A of Part 171 of the CustomsRegulations s amended to read asfollows:

Subpart A-Gencrl Pro slons

Sec.171.A Sd "U, prccedures for certain liabili-

tle Incurred under section 592,Tariff Act of 1930, as amended.

171.2 TLmi-tations on, consideration of pe-titions.

Subpart A-Genral Pirovisons171.1 Special procedurcs for certain

liabailities incurred under section 592,Tariff Act of 1930, as amended.

(a) Voluntary disclosure.'Any volun-tary disclosure of violations of Customslaws which may result in aloss of revenueand which would subject either the mer-chandise involved or its value to forfeit-ure under section 592, Tariff Act of 1930,as amended (19 U.S.C. 1592), accom-panied by a tender of the loss of revenue,shall be immediately referred by the dis-trict director to Headquarters, U.S. Cus-toms Service.

(1) Mitigation of statutory liability. Ifappropriate investigation establishesthat the disclosure was truly voluntaryand not promptedby a Customs inquiryor an ongoing Customs investigation,and that the violation was due to negli-gence or fraudulent intent, a notice ofpenalty shall be issued. However, it shallbe the established policy of the CustomsService In a case subject to this volun-tary disclosure procedure, upon the filingof a petition for relief, to mitigate thestatutory liability to an amount not toexceed one time the total loss of revenue,provided the actual loss of revenue isdeposited as withheld duties, regardlessof whether the disclosed violation wasIntentional when committed. Furthermitigation beyond the foregoing maxi-mum may be justified in individual caseson the basis of relevant circumstances,

FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY. JANUARY 16, 1975


such as diligence in disclosing a violationfollowing its discovery.

(2) Detection of undisclosed violationsresulting from a voluntary disclosure.Undisclosed violations discovered byCustoms as a result of the investigationof a voluntary disclosure and tender willbe treated in the same manner as setforth above unless it is determined thatsuch other violations were intentionalwhen committed.

(b) Prepenalty notice procedure. (1)Issuance of prepenalty notice. Prior tothe issuance of a claim for forfeiturevalue under § 162.31 of this chapter inexcess of $25,000 for violation of section592, Tariff Act of 1930, as amended (19U.S.C. 1592), with respect to the entry,or attempted entry, of merchandise thedistrict. director shall notify the owner,importer, consignee, agent, or other per-son entering, or attempting to enter, themerchandise, in writing, of his intentionto issue such a claim. The notice shallcontain a description of the merchandiseand shall set forth the circumstance ofentry or attempted entry, specifying theprovisions of the law alleged to have beenviolated and describing the acts or omis-sions by virtue of which the liability isalleged to have been incurred. In theevent one year or less remains prior tothe expiration of the 5-year statute oflimitations with respect to such analleged violation, the prepenalty noticeprocedure shall not be utilized.

(2) Reply to prepenalty notice. Theperson to whom the district director'sprepenalty notice is addressed shall havea period of 30 days from the date ofits issuance to fie a written reply withthe district director showing why theclaim for forfeiture value should not beissued. The reply should answer theallegations made in the prepenalty no-tice and should set forth evidence eitherrefuting the allegations or establishingthat reasonable cause existed for believ-ing that the acts or omissions describedin the allegations were proper. In addi-tion to a written reply, the district direc-tor may, upon request, allow an oralpresentation of arguments as to why aclaim for forfeiture value should not beissued. Absent a showing of extraordi-nary circumstances, an extension of timeto reply beyond the 30-day period shallnot be granted.

(3) Action on reply. Each reply to aprepenalty notice shall be carefully con-sidered by the district director. In thosecases In which the district director deter-mines that the allegations set forth inthe prepenalty notice have been dis-proved or that the issuance of a claimfor forfeiture value would otherwise beinappropriate, he shall notify the personto whom the prepenalty notice *as ad-dressed that the issuance of the claim forforfeiture value is no longer contem-plated. In all other cases, including thosein which no reply is received, the claimshall be issued.

(4) Exception to prepenalty noticeprocedure. The procedure described Inthis paragraph does not apply In anycase in which criminal prosecution isunder consideration.

171.2 Limitations on consideration ofpetitions.

(a) Case referred for institution oflegal proceedings. No action shall betaken on any petition if the civil liabil-ity has been referred to the United Statesattorney for institution of legal proceed-ings. The petition shall be forwarded tothe United States attorney.

(b) Vessel or vehicle awarded for off-cial use. When a vessel or vehicle is

-awarded for official use, a petition shallnot be considered unless:

(1) It is filed before final dispositionof the property is made; or

(2) It is a petition for restoration ofproceeds of sale fled in accordance withSubpart E of this part.(R.S. 251, as amended, sees. 592, 618, 624, 46Stat. 750, as amended, 757, as amended, 759(5 U.S.C. 301, 19 U.S.C. 66, 1592, 1618, 1624))

That portion of the above amend-ments which pertain to voluntary dis-closures of Customs violations merelyconforms the Customs Regulations withan existing administrative practice. Theremaining amendments concern the es-tablishment of a prepenalty notice pro-cedure, which places no affirmative dutyor burden on the public, or set forth pro-visions which were previously containedin Subpart A of Part 171. Therefore,good cause exists for dispensing with no-tice and public procedure there as un-necessary, and good cause is found forthe amendments to become effective onthe earliest date possible under 5 U.S.C.553.

Effective date. These amendmentsshall become effective January 16, 1974.

[sEAL] LEONARD LnW*,Acting Commissioner of Customs.

Approved: December 31,1974.DAVIDR. MAcD ONALD,

Assistant Secretaryof the Treasury.

IFR Doc.75-1401 Fled 1-15-75;8:45 am]

Title 21-Food and DrugsCHAPTER I-FOOD AND DRUG ADMINIS-

TRATION, DEPARTMENT OF HEALTH,EDUCATION, AND WELFARE

SUBCHAPTER B--FOOD AND FOODPRODUCTS

PART 29-FRUIT BUTTERS, FRUIT JEL-LIES, FRUIT PRESERVES, AND RELATEDPRODUCTS

Fruit Jelly and Preserves Standards;Confirmation of Effective Date

The Commissioner of Food and DrugsIssued a final order, which was publishedin the FEDERAL REGISTER of August 28,1974 (39 FS 31304), amending 21 CFAPart 29 by revising the standards ofidentity for fruit jellies (21 CFR 29.2)and preserves, jams (21 CPR 29.3). Theorder. specified that all labeling usedafter December 31, 1974 must complywith the revised regulations.

One comment from a trade associ-ation commended the Commissioner onhis conclusion that "'lactose" may bedeclared as such or, alternatively, as"milk sugar." This conclusion Is con-

sistent with the Commissioner's proposalto clarify food labeling requirementspublished In the FEDERAL REGISTER OfJune 14, 1974 (39 FR 20888).

The National Preservers Association(NPA), 64 Perimeter Center East, At-lanta, GA 30346, has requested that the,December 31, 1974 compliance date beextended to June 30, 1975, to providefor additional time In which to accom-plish the required label revisions. TWomanufacturers also .have initiated simi-lar requests.

In support of Its request, NPA statedthat: (1),Prior to the revision of §§ 2D.2and 29.3, ingredient labeling was not re-quired for jams and Jellies; (2) the In-dustry's voluntary guideline for ingredi-ent disclosure did not fully conform tothe approach ultimately adopted bY theCommissioner for the disclosure byspecific name of certain technical In-gredlents; (3) It was not clear, prior tothe issuance of the final order, how theCommissioner would rule on such mat-,-ters as the free use of all nutritive carbo-hydrate sweeteners, the reduction In solu-ble solids and adjustment In fruit Input,and the use of added flavoring materials;and (4) it was thus not possible prior tothe issuance of the final order for anyfirm to finalize labeling for compliancewith the revised standards.

In view of the relatively short periodof time between the publication of theorder and the December 31, 1974 date,the Commissioner concludes that the e-quested extension Is justified.

Pursuant to provisions of the FederalFood, Drug, and Cosmetic Act (sees. 401,701(e), 52 Stat. 1046 as amended, 70 Stat.919; 21 U.S.C. 341, 371(e)) and underauthority delegated to the Commissioner(21 CPR 2.120), notice Is given that noobjections were filed to the order of Au-gust 28, 1974, and the effective date forfull compliance with the order Is ex-tended to June 30, 1975 consistent withthe notice on uniform effective date fornew food labeling regulations publishedin the FEDERn REGISTER of November 14,1974 (39 FR 40184).

Dated: January 8, 1975.Ssm D. FINE,

Associate Commissioner forCompliance.

[FR Doc.'75-1446 Filed 1-15-75;8:45 am]

PART 121-FOOD ADDITIVESSubpart F-Food Additives Resulting From

Contact With Containers or Equipmentand Food Additives Otherwise AffectingFood

CN=GE IN TEST PaocEumzs ron OCTYL-TIN STABILIZERS IN VinYL CHLORIDr,PLASTICSThe Commissioner of Food and Drugs

proposed In the FEDERAL REGSTRa ofAugust 12, 1974 (39 FR 28890) that§ 121.2602(b) (21 CFR 12.2602(b)) beamended to (1) provide for use of food-simulating solvents rather than actualfoods to determine octyltin stabilizer mi-gration from vinyl chloride plastics, and(2) to delete the current 1.0 part per

FEDERAL REGISTER, VOL 40, NO. 1 1-THURSDAY, JANUARY 16, 1975


million (ppm) tolerance of the permittedoctyltin stabilizers in food and replaceit with a 0.5 ppm tolerance of the per-mitted octyltin stabilizers in food-simu-lating solvents..

One comment was received in responseto the proposal. The comment requestedclarification of the" status of stocks ofexsting packaging materials whose com-pliance with § 121.2602 was establishedby testing 'with actualfood.

The Commissioner concludes that ex-isting stocks of packaging materialswhose compliance with § 121.2602 wasestablished by testing with actual foodneed not be retested to determine com-pliance with the food-simulating solventlimitation. The petitioner, through ex-haustive testing, has established thatpackaging material tested with actualfood and found to be in compliance withthe 1.0 ppm tolerance of permitted octyl-tin stabilizers will also be in compliancewith the 0.5 ppm tolerance of permittedoctyltin stabilizers in food-simulatingsolvents.

As the comment raised no substantiveissue the Commissioner concludes that

-the -proposed amendment should beadopted without change.

Therefore -pursuant to provisions ofthe Federal Food, Drug, and Cosmetic.Act (sec. 409(d), 72 Stat. 1787; 21 U.S.C.348(d)) and under authority delegatedto the Commissioner (21 CFR 2.120),§ 121.2602 is amended by revising para-graph (b) to read as follows:§ 121.2602 Octyltin. stabilizers in"eyinyl

chloride plastics.

(b) The vinyl chloride plastic contain-ers, film or panels in the finished form.in which they are to contact food, shallmeet the following imitations-

,(1) The finished plastics intended forcontact with foods of the types listedin this section shall be extracted withthe solvent or solvents characterizingthose types. of foods as determined fromtable 2 of § 121.2526(c) at the tempera-ture reflecting the conditions of intendeduse as determined therein. Additionally,extraction tests for acidic foods shall beincluded and simulated by- 3-percentacetic acid at temperatures specified for'water in table 2 of § 121.2526(c). The ex-traction tests shall cover at least threeequilibrium periodic determinations, asfollows:

(I) The exposure time for the first de-termination shall be at least-72 hours foraqueous solvents, and at least 6 hoursfor heptane.

(ii) Subsequent determinations shallbe at a minimum of 24-hour intervals foraqueous solvents, and 2-hour intervals forheptane. These tests shall yield di(n-octyl) tin SSB-bis(isooctylmercaptoace-tate) or di(n-octyl) tin maleate polymeror any combination thereof not to exceed0.5 part per million: as determined by ananalytical method available upon requestfrom the Commissioner of Food andDrugs.

(2) In lieu of the tests prescribed inparagraph (b) (1) of this section, the fin-ished plastics intended for contact with

foods only of types IL V. VI-A (exceptmalt beverages), and VI-C may be end-tested with food-simulating solvents,under conditions of time and tempera-ture, as specified below, whereby suchtests shall yield the octyltin residues citedin paragraph (b) (1) of this section notin excess of 0.5 ppm:

ood-Imnt~ T1 T zcmpcm-

Ihunx DI.rees FType M__ Aectle rxd, 5 ~~45

Type "V-C. Ethyl lol, Wi. . t 133

Any person who will be adversely af-fected by the foregoing order may at anytime on or before February 18, 1975, filewith the Hearing Clerk, Food and DrugAdministration, am. 4-65, 5600 FishersLane, Rockvlle, MD 20852, written objec-tions thereto. Objections shall showwherein the person filing will be adverselyaffected by the order, specify with par-'ticularity the provisions of the orderdeemed objectionable, and state thegrounds for the objections. If a hearing.is" requested, the objections shall statethe Issues for the hearing, shall be sup-ported by grounds factually and legallysufficient to justify the relief sought, andshall include a detailed description andanalysis of the factual Information in-tended to be presented in support of theobjections in the event that a hearing Isheld. Objections may be accompanied bya memorandum 'or brief in supportthereof. Six copies of all documents shallbe filed. Received objections may be seenin the above office during working hours,Monday through Briday.

Effective date. This order shall becomeeffective January 16, 1075.(Sec. 409(d), 72 Stat. 1787; (21 U.S.C. 348(d)).)

Dated: January 8, 1975.SAM D. Faro,

Associate Commfssionr forCompliance.

[FR Doc.75-1444 Fled 1-15-75;8:45 am]

[RL 322-41

PART 121-FOOD ADDITIVESSubpart D-Food Additives Permitted In

Food for Human Consumption4-A amo-6-(1,1-DxnTxzrnyL)-3-

(MrwLTMO) -1,2,4-TnxA=z-5 (4ff) -OirA petition (FAP 5H5076) was filed by

Chemagro Division of Mobay CheicalCorp., P.O. Box 4913, Kansas City, MO64120, in accordance with provisions ofthe Federal Food. Drug, and CosmeticAct (21 U.S.C. 348), proposing establish-ment of a food additive tolerance forcombined residues of the herbicide 4-amino-6-(1,1-dlmethylethyl) -3- (meth-yltbio) -l,2,4-trla~zn-5(4H) -one and Itstriazinone metabolites in processed pota-toes at 3 parts per million, resulting fromapplication of the fungicide to the grow-ing raw agricultural commodity potatoes.

2799-

(For a related document, see this Issueof the FoZr.A REzomn, page 2803.)

The Reorganlzation Plan.No. 3 of 1970.published in the FDEnrAx Rxcasz ofOctober 6, 1970 (35 FR 15623), trans-ferred (effective December 2, 1970) tothe Administrator of the EnvironmentalProtection Agency the functions vestedin the Secretary of Health, Education,and Welfare for establishing tolerancesfor pesticide chemicals under section406, 408, and 409 of the Federal Food,Drug, and Cosmetic Act (21 U.S.C. 346,346a, and 348).

Having evaluated the data submittedn the petition and other relevant ma-

terial. It Is concluded that the toleranceshould be established

Therefore, pursuant to provisions ofthe Federal Food. Drug, and CosmeticAct (sec. 409(c) (1), (4), 72 Stat. 1786;21 U.S.C. 348(c) (1), (4)), the authoritytransferred to the Administrator of theEnvironmental Protection Agency (35F& 15623), and the authority delegatedby the Administrator to the Deputy As-sistant Administrator for Pesticide Pro-grams (39 FR 18805), the followingnew-paragraph Is added to Part 121, Subpart

§ 121.1266 4-Amino - 6-(1,1-dimethyl-c•leyl)- 3 -(methylthio) 1,2,4-triazn-,5(41H)-onc.

A tolerance of 3 parts per million isestablished for combined residues of theherbicide 4 -amino - 6-(1.1-dimethyl-ethyl) -3-(methylthio) - 1,2,4-triazn- 5(4H)-one and its triazinone metabolitesin processed potatoes (including potatochips), resulting from application of theherbicide to the raw agricultural com-modltypotatoes.

Any person who will be adversely af-fected by the foregoing order may-at anytime on. or before February 18, 1975. filewith the Hearing Clerk, EnvironmentalProtection Agency, Room 1019E, 4th &ML'Streets SW., Waterside Mall, Wash-ington, D.C. 20460, written. objectionsthereto in quintuplicate. Objections shall.show wherein the person filing will beadversely affected by the order andspecify with particularity the provisionsof the order deemed objectionable andthe grounds for the objections. If a hear-ing Is requested, the objections muststatethe Issues for the hearing. A hearing willbe granted if the objections are supportedby grounds legally sufficient to justify therelief sought.Objections may be accom.-panled by a memorandum or brief insup-port thereof.

Effectfie date. This order shall becomeeffective on January 16,1975.(Sec. 409(c) (1), (4), 72 Stat 17s (21 u's.c.348(c) (1), (4)J)

Dated: January 13,1975.EaWr I_. Jomqso,,

Acting De'utyAssistantAdmin-istrator for Pesticide Pro-gra --

[MR Doc._7&-2SS1 Piled 1-15-458:45 sail

FEDERAL REGISTER, YOL 40, NO. U1-THURSDAY, JANUARY 16, 1975

2800

SUBCHAPTER C-DRUGS

PART 135e-NEW ANIMAL DRUGS FORUSE IN ANIMAL FEEDS

Monensin Sodium, Zinc BacitracinCorrection

In FR Doe. 74-29321 appearing at page43628 in the issue of Tuesday, Decem-ber 17, 1974 the first entry in the tableon page 43629 under the first columnnow reading, "7. Monensin" should read,"6. Monensin".

Title 22-Foreign Relations

CHAPTER I-DEPARTMENT OF STATESUBCHAPTER C--FEES AND FUNDS

[Dept. Reg. 108.710]

PART 22-FEES AND CHARGES,FOREIGN SERVICE

Passport Fees22 USC 214, as amended by Pub. L.

93-417 of September 17, 1974, providesthat the Secretary of State shall pre-scribe, by regulation, the amount of the:fee charged for the execution of an appli-cation for a passport. Pursuant to thatauthority, § 51.61 of 22 CMR wasamended prospectively on September 9,1974 (39 FR 32984) to establish, at $3.00,the fee to be charged for the execution,in the United States, of an applicationmfor a passport. It was the intent of Pub.L. 93-417 that the fee should be uniformno matter where the service is performed.In order to comply with the intent ofPub. L. 93-417, the Secretary has deter-mined that Item No. 1 of § 22.1(a) mustbe amended.§ 22.1 [Amended]

By virtue of the authority vested inthe Secretary of State by 22 USC 214, asamended by Pub. L. 93-417 of Septem-ber 17, 1974, and authority delegated tome by the Secretary, the "Fee" entryfollowing Item No. 1 of § 22.1(a) isamended by substituting "$3.00" for"$2.00".

If a fee is not prescribed by the Secre-tary by regulation, there would be noauthority to charge a fee for executionof an application for a passport outsidethe United States, and officers of theForeign Service of the United Statesmight be compelled to susp~end this serv-ice. Since immediate action Is required,It is considered that notice, procedure,and effective date requirements of 5 USC553 are unnecessary, impracticable, andcontrary to the public interest.

However, in accordance with the spiritof the public policy set forth in 5 USC553, and since the amount of the fee issubject to periodic review and change,consideration will be given during suchperiodic reviews and changes to anycomments, suggestions, or objectionsthereto which are submitted in writing.to the Passport Offce, Bureau of Securityand Consular Affairs, Department ofState, Washington, D.C. 20524, Atten:Legal Division.(Sees. 3, 4, 63 Stat. 111, as amended; 22 USCella, 2658, E. 0. 10718, 22 1F 4632; 3 CM,1954-1958 Comp., page 382)


Effective date. This amendment Iseffective as- of November 17, 1974.

Dated: January 9, 1975.LEOxA, F. WALENTYxOWICZ,

Administrator, Bureau ofSecurity and Consular Affairs.

[FR Doe.75-1396 Filed 1-15-75;8:45 am]

Title 24-Housing and Urban Development

CHAPTER Il-OFFICE OF ASSISTANT SEC-RETARY FOR HOUSING PRODUCTIONAND MORTGAGE CREDIT-FEDERALHOUSING COMMISSIONER [FEDERALHOUSING ADMINISTRATION], DEPART-MENT OF HOUSING AND URBAN DE-VELOPMENT

[Docket No. r--75-313]-MORTGAGE INSURANCE AND HOME

IMPROVEMENT LOANSChanges in Interest Rates

The following miscellaneous amend-ments have been made to this chapter toreduce from 9Y2 percent to 9 percent themaximum-rate of interest for certainmortgage and loan insurance programsunder the National Housing Act:

PART 203-MUTUAL MORTGAGE INSUR-ANCE AND INSURED HOME IMPROVE-MENT LOANS

Subpart A-Eligibility Requirements1. In § 203.20 paragraph (a) Is amend-

ed to read as follows:§ 203.20 MAaximum interest rate.

(a) The mortgage shall bear interestat the rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where anapplication for commitment was receivedby the Secretary before November 25,1974, the mortgage may bear interest atthe maximum rate in effect at the time ofreceipt of the application.

(See. 211, 52 Stat. 23; (12 U.S.C. 1715b). :In-terpret or apply sec. 203, 52 Stat. 10, asamended; (12 U.S.C. 1709))

2. In §203.74 paragraph (a) isamended to read as follows:§ 203.74 Maximum interest rate.

(a) The loan shall bear interest at therate agreed upon by the lender and theborrower, which rate shall not exceed 9percent, except that where an applica-tion for commitment was received by theSecretary before November 25, 1974, themortgage may bear interest at the maxi-mum rate in effect at the time of receiptof the epplication.

e.*2, "*Sa * * *

(Sec. 211, 52'Stat. 23; 12 U.S.C. 1715b. In-terpret or apply se. 203, 52 Stat. 10, asamended; (12 U.S.C. 1709))

PART 205-MORTGAGE INSURANCEFOR LAND DEVELOPMENT

Subpart A-Eligibility RequirementsSection 205.50 Is amended to read as

follows:

§ 205.50 Maximum interest rate.The mortgage shall bear interest at

the rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where aletter inviting submission of an applica-tion for commitment was Issued by theSecretary before November 25, 1974, oran application for commitment was re-ceived by the Secretary before November25, 1974, the mortgage may bear Interestat the maximum rate in effect at the timeof Issuance of the letter or receipt of theapplication.(See. 1011, formerly see. 1010, 79 Stat. 404,(12 U.S.O. 1749JJ); renumbered Pub. L. GO-754, sec. 401(a), 80 Stat. 1271)

PART 207-MULTIFAMILY HOUSINGMORTGAGE INSURANCE

Subpart A-Eligibility Requirements

In § 207.7 paragraph (a) Is amendedto read as follows:§ 207.7 laximum interest rate.

(a) The mortgage shall bear Interestat the rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where aletter inviting submission of an applica-tion for commitment was Issued by theSecretary before November 25, 1974, oran- application for commitment was re-ceived by the Secretary before Novem-ber 25, 1974, the mortgage shall bear n-terest at the maximum rate in effect atthe time of issuance of the letter or re-ceipt of the application.

* a * * *

(See. 211, 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies sec. 207, 52 Stat. 10, asamended; (12 U.S.C. 1713))

PART 213-COOPERATIVE HOUSINGMORTGAGE INSURANCE

Subpart A-Eligibility Requirements-Projects

1. In § 213.10 paragraph (a) Isamended to read as follows:§ 213.10 Maximum interest rate.

(a) The mortgage or a supplementarYloan shall bear interest at the rate agreedupon by the mortgagee and the mort-gagor, or the lender and the borrower,which rate shall not exceed 9 percent, ex-cept that where a letter inviting submis-sion of an application for commitmentwas issued by the Secretary before No-vember 25, 1974, or an application forcommitment was received by the Secre-tary before November 25, 1974, the mort-gage may bear interest at the maximumrate in effect at the time of Issuance ofthe letter or receipt of the application.

(See. 211, 52 Stat. 23; (12 U.S.C. 1716b). In-terpret or apply see. 213, 64 Stat, 54, aamended; (12 U.S.C. 1715o))

Subpart C-Eligibility Requirements-Individual Properties Released From Proj.ect Mortgage2. In § 213.511 paragraph (a) Is

amended to read as follows:


§213.511 Maximum interest rate.(a) The mortgage shpZ bear Interest

at the rate agreed upon by the mort-gagee and the mortgagor, which rateshall -not exceed 9 percent, except thatwhere an application for commitmentwas- received by the Secretary before No-vember 25, 1974, the mortgage may bearinterestat the maximum rate in effect atthe time of receipt of the application.

* *tt 23*1 *- *

(Sec. 211, 52 Stat. 23; (12 U.S.C: 1715b). In-terpret or apply Sec. 213, 64 Stat. 54, asamended; (12 U.S.C. 1715e))

PART 220-URBAN RENEWAL MORTGAGEINSURANCE AND INSURED IMPROVE-MENT LOANSSubpart C-Eligibility Requirements-

ProjectsIn § 220.576 paragraph (a) is

amended to read as follows:

§ 220.576 llaximum interest rate.(a) The loan shall bear interest at the

rate agreed upon by the lender and theborrower, which rate shall not exceed 9percent, except that where a letter invit-ing submission of an application for com-nitment was issued by the Secretary be-fore November 25, 1974, or an applicationfor commitment was received by the Sec-retary before November 25,1974, the loanmay bear interest at the maximum ratein effect at the time of issuance of theletter or receipt of the application.

* * * * 0

(Sec. 211, 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies sec. 220, 68 Stat. 596, asamended; (12 U.S.C. 1715k))

PART 221-LOW COST AND MODERATEINCOME MORTGAGE INSURANCE

Subpart C-Eligibility Requirements--Moderate Income Projects

In § 221.518 paragraph (a) is amendedto read as follows:§ 221.518 Maximum interest rate.

(a) " ihe mortgage shall bear interest'at -the rate agreed upon by the mort-gagee and the mortgagor, which rate*shall not exceed 9 percent, except thatwhere a letter inviting submission of anapplication forlcommitment was issuedby the Secretary before November 25;1974, or an application for commitmentwas received by the Secretary before No-vember 25, 1974, the mortgage may bearinterest at the maximum rate in effect atthe time of issuance of the letter or re-ceipt of the application. Interest shallbe payable in monthly installments onthe principal amount of the mortgageoutstanding on the due date of eachinstallment.

(See. 211, 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies sec. 221, 68 Stat. 599, asamended; (12 U.S.C. 17151))


PART 232-NURSING HOMES AND IN-TERMEDIATE CARE FACILITIES MORT-GAGE INSURANCE

Subpart A-Eligibility RequirementsIn § 232.29 paragraph (a) Is amended

to read as follows:§ 232.29 Maximum interest rate.

(a) The mortgage shall bear Interestat the rate agreed upon by the mort-gagee and the mortgagor, which rateshall not exceed 9 percent, except thatwhere a letter inviting submission of anapplication for commitment was issuedby the Secretary before November 25,1974, or an application for commitmentwas received by the Secretary beforeNovember 25, 1974, the mortgage maybear Interest at the maximum rate ineffect at the time of issuance of the let-ter or recelpt of the application.

(See. 211, 52 Stat. 23 (12 U.S.C. 1715b). In-terprets or applies sec. 232, 73 Stat. 663 (12U.S.C. 1715w))Subpart C-Elgibility Requirements-

Supplemental Loans To Finance Pur-chase and Installation of Fire SafetyEquipment.In § 232.560 paragraph (a) is amended

to read as follows:§ 232.560 BMaximum interest rate.• (a) The loan shall bear interest at the

rate agreed upon by the lender and theborrower, which rate shall not exceed9% percent per annum, except thatwhere a letter inviting suImlsslon of anapplication for commitment was issuedby the Secretary before November 25,1974, or an application for commitmentwas received by the Secretary before No-vember 25, 1974, the loan may bear in-terest at the maximum rate in effect atthe time of issuance of the letter or re-ceipt of the application.

(See. 211, 52 Stat. 23 (12 U.S.0. 1715b). In-terprots or applies mec. 232, 73 StWt. 683 (12U.S.C. 1715w))

PART 234-CONDOMINIUM OWNERSHIPMORTGAGE INSURANCE

Subpart A-Eligibility Requirements--I Individually Owned Units

In §-234.29 paragraph (a) is amendedto read as follows:§ 234.29 Maximum interest rate.

(aY The mortgage shall bear Interestat the rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where anapplication for commitment was re-ceived by the Secretary befori Novem-ber 25, 1974, the mortgage may bear In-terest at the maximum rate in effect at-the time of receipt of the application.

(Sec. 211, 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies sec. 234, 15 Stat. 160; (12U.S.C. 1715y))

2801

PART 235--MORTGAGE INSURANCE ANDASSISTANCE PAYMENTS FOR HOME.OWNERSHIP AND PROJECT REHABIL-ITATIONSubpart D-Eligibility Requirements- .:

Rehabilitation Sales ProjectsSection 235.540 is amended to read as

follows:§ 235.540 Maximum interest rate.

The mortgage shall bear interest atthe rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where aletter inviting submission of an applica-tion for commitment was issued by theSecretary before November 25, 1974, oran application for commitment was re-ceived by the Secretary before Novem-ber 25, 1974, the mortgage may bearinterest at the maximum rate In effict atthe time of issuance of the letter or re-ceipt of the application.(Sec. 211, 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies sec. 235, 82 Stat. 477; (12U.S.C. 1716z))

PART 236-MORTGAGE INSURANCE ANDINTEREST REDUCTION PAYMENTS FORRENTAL PROJECTS jSubpart A--Elgbility Requirements for

Mortgage InsuranceSection 236.15 is amended to read as

follows:

§ 236.15 Maximum interest irate.

I The mortgage shall bear Interest atthe rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where aletter inviting submission of an applica-tion for comnlitment was issued by theSecretary before November 25, 1974, oran application for commitment wAs re-ceived by the Secretary before Novem.-ber 25, 1974, the mortgage may bear in-terest at the maximum rate In effect atthe time of issuance of the letter orreceipt of the application.(See. 211. 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies sec. 238, 52 Stat. 498; (12U.S.C. 1715z-1))

PART 241-SUPPLEMENTARY FINANCINGFOR INSURED PROJECT MORTGAGES

Subpart A-Eligibility RequiremantsSection 241.75 is amended to read as

follows:§ 241.75 Maximum interestrate.

The loan shall bear interest at therate agreed upon by the lender and theborr wer, which rate shall not exceed9 percent, except that where a letter in-viting submission of an application forcommitment was Issued by the Secretarybefore November 25, 1974, or an applica-tion for commitment was received bythe Secretary before November 25, 1974.the loan may bear interest at the maxi-mum rate in effect at the time of issu-ance of the letter or receipt of the appli-cation. Interest shall be payable in



monthly installments on the principalthen outstanding.(Sec. 211, 52 Stat. 23;- (12 U.S.C. 1715b). Mi-terprets or applies sec. 241, 82 Stat. 508; (12V.S.C. i7i5Z-b) )

PART 242-MORTGAGE INSURANCEFOR HOSPITALS

Subpart A-Eligibility RequirementsSection 242.33 -is amended to read as

follows:§ 242.33 Maxinmum interest rate.

The mortgage shall bear interest atthe rate agreed upon by the mortgageeand the mortgagor, which rate shall notexceed 9 percent, except that where aletter inviting submission of an applica-tion for commitment was issued by theSecretary before November 25, 1974, oran application for commitment was re-ceived by the Secretary before Novem--her 25, 1974, the mortgage may" bearinterest at the maximum rate in effectat the time of issuance of the letter orreceipt of the application. Interest shallbe payable in monthly installments onthe principal then outstanding.(See. 211, 52 Stat. 23; (12 U.S.C. 1715b). In-terprets or applies see:242, 82 Stat. 5999; (12U.S.0 1715z,-7))PART 244-MORTGAGE INSURANCE FOR

GROUP PRACTICE FACILITIESSubpart A-Eligibility Requirements

In § 244.45 paragraph (a) is amendedto read as follows:§ 244.45 1axmum interest rate.

(a) The mortgage shall bear interestat the rate agreed upon by the mort-gagee and the mortgagor, which rateshall not exceed 9 percent, except thatwhere a letter inviting submission of anapplication for commitment was issuedby the Secretary before November 25,1974, or an application for commitmentwas received by the Secretary before No-vember 25, 1974, the mortgage may bearinterest at the maximum rate in effectat the time of issuance of the letter orreceipt of the application.

(Sec. 1104, 80 Stat. 1275; (12 U.S.C. 1749aaa-3))

Effective date. These amendmentsshall be effective on November 25, 1974.

SHELDON B. LURAR,Assistant Secretary-Commis-

stoner for Housing Produc-tion and Mortgage Credit.

[Fr Doc.75-1409 Fied 1-15-75;8:45 am]

Title 26-Internal RevenueCHAPTER I-INTERNAL REVENUE SERV-

ICE, DEPARIMENT OF THE TREASURYSUSCHAPTER A-INCOME TAX

PART I-INCOME TAX; TAXABLE YEARSBEGINNING AFTER DECEMBER 31, 1953Special Rules for, Determining Tax Credit

for Foreign Income Taxes Payed byControlled Foreign Corporations

Correction -In the correction to FR Doe. 14-29867

appearing in the Issue of Monday, Jan-

uary 6, 1975 make the following changes:1. The total in the final- line of the

table in item 3 on page 1015 reading"87.06" should read "37.06". -

2. In the second line of the Foreignincome taxes section undei A Corpora-tion in the table to itein 4 on page 1015the figure "$50" should read "$150".

3. The third and fourth lines to theEarnings and profits section under ACorporation in the table to Item 4 onpage 1015 reading:

"Attributable to dividends receivedfrom B Corpora-

'Attributable to other income:"should appear as follows:"Attributable to other income:

Attributable to dividends receivedfrom B Corpora-"

'Title 40--Prtection of EnvironmentCHAPTER I-ENVIRONMENTAL

PROTECTION AGENCYSUBCHAPTER C-AIR PROGRAMS

[FRL 321-3]

PART 52-APPROVAL AND PROMULGA-TION OF IMPLEMENTATION PLANS

- Prevention of Significant Air QualityDeterioration; Correction

In: F.R. Doc. 74-28353, published atpage 42515 in the Issue dated Thursday,December 5, 1974, in § 52.21, paragraph(C) (2) (i), the engineering units 'g/m"are incorrectly used to indicate the in-creases in pollutant concentrations overbaseline air quality found in the areadesignations table. The units are cor-rected to read " jug/m"' and are appropri-ate to all pollutant concentrations inparagraph (c) (2) (1).

Dated: January 9, 1975.ROGER STRELOW,

Assistant Administratorfor Air and Waste Management.

[FR Doc.75-1364 Flled 1-15-75;8:45 am]

PART 52-APPROVAL AND PROMULGA-TION OF IMPLEMENTATION PLANS

IFEL 316-1]New Jersey Transportation Control Plan;

RevisionsOn November 13, 1973, EPA published

in the FEDERAL REGISTER (38 FR 31388)the New Jersey Transportation ControlPlan containing plans to reduce parkingin the Central Business Districts (CBD's)of the cities of Trenton, Camden andNewark (§ 521587). Generally, the CBDof a city is defined as the section whereinland uses involving business, commerceand industrial activities predominate.The CBD usually does not include resi-dential areas.

Representatives of the planning bodiesof the three cities have stated that therespective CED's as presently definedeither include large residential tracts oromit substantial sections of the businesssector. It was recommended that thesedefinitions be revised to describe the truebusiness districts.

Consequently, in order to achieve theintended effect of the CBD-orlented

strategies, EPA s redefining these dis-tricts to conform with the definitionssubmitted by the respective planningagencies.

Because of the Importance of proceed-ing promptly with the planning necessaryto carry out the on-street parking limita-tion program and because the nature ofthis revision is to more precisely defnethe areas affected at the request of thecities involved, the Administrator findsgood cause to declare the regulations of-fective immediately upon publication.(Sec. 110 (a), 301 (a), Clean Air Act (42 U.S.C.1857-5(c), 1857(g)))

Dated: January 8,1975.JoHx QuAmiLuS,

Acting Administrator.Part 52 of Chapter T, Title 40, Code of

Federal Regulation is amended as fol-lows:

Subpart FF-New Jersey1. Section 52.1587 is amended to read

as follows:§ 52.1587 Regulation lilting on-street

parking.* * * * *

(e) For purposes of this section, theCBD's for each of the following citiesshall be bounded and described as fol-lows: 4

(1) Camden. Beginning at a pointformed by the intersection of tTS-30 andMickle Street extended; thence southalong Mibkle Street, arcing to the southand-west, to the intersection of MickloStreet and Third Street; thence northalong Third Street to the BenjaminFranklin Bridge; thence east along theline of the Bridge to US-30; thencefinally east along US-30, arcing to theeast and south, to the intersection of US-.30 with Mickle Street extended, the pointof beginning. Streets forming boundariesshall be included in the CBD.

(2) Newark. Beginning at a pointformed by the intersection of CenterStreet and McCarter Highway (Highway21) ; thence north along McCarter High-way to Lombardi Street; thence westalong'Lombardi Street to Atlantic Street;thence north on Atlantic Street to BridgeStreet; thence west on Bridge Street toBroad Street; thence north on BroadStreet to Orange Street; thence west onOrange Street to Essex Street; thencenorth on Essex Street to James Street;thence east on James Street to Washing-ton Street; thence south on Washingtonstreet to Warren Street; thence west onWarren Street to University Avenue;thence south on University Avenue toMarket Street; thence west on MarketStreet to Arlington Street; thence southon Arlington Street to William Street;thence east on Willaia Street to BroadStreet; thence south on BrOad Streetto Walnut Street; thence east on WalnutStreet to Mulberry Street; thence northon Mulberry Street to Park Street;thence west on Park Street to XitchellStreet; thence north on Kitchell Streetto Center Street; thence finally east onCenter Street to-its intersection with Mc-Carter Highway, the point of beginning.

FEDERAL REGISTER, VOL. 40, NO. 11-.THURSDAY, JANUARY 16, 1975


Streets forming boundaries shall be In-cluded in the CBD.

(3) Trenton. Beginning at a Pointformed by the Intersection of ArmoryDrive and Front Street; thence west onFront Street to Willow Street; thencenorth on Willow -Street to State Street;thence east on State Street to WarrenStreet; thence north on Warren Streetto Hanover Street; thence east on Han-over Street to Stockton Street; thencesouth on Stockton Street to MerchantStreet; thence east on Merchant Streetto -West Canal Street; thence south onWest Canal Street; across State Street,

- to its intersection with Armory Drive;thence finally south on Armory Drive toits intersection with Front Street, the-point of -beginning. Streets formingboundaries shall be included in the CBD.

[PR Doc.75-1547 Filed 1-15-75;8:45 am]

[I.L 306-31PART 60--STANDARDS OF PERFORM-ANCE FOR NEW STATIONARY SOURCES

Coal RefuseOn December 23, 1971 (36 FR 24876),

pursuant to section 111 of the Clean AirAct, as amended, the Administratorpromulgated standards of performancefor nitrogen oxides emissions from fossilfuel-fired steam generators of more than63 million kcal per hour (250 million Btuper hour) heat input. The purpose ofthis amendment is to clarify the applica-bility of § 60.44 with regard to unitsburning' significant amounts of coalrefuse.

-Coal refuse is the low-heat value, low-.volatile, high-ash content waste sep-arated from 'coal, usually at the minesite. It can prevent restoration of theland and produce acid water runoff. Thelow-heat value, high-ash characteristicsof coal refuse preclude combustion ex-cept in cyclone furnaces with currenttechnology, which because of the furnacedesigit'.emit nitrogen oxides (NO,) inquantities greater than that permittedby the standard of performance. Prelimi-nary test results on an experimental unitand emission factor calculations indi-cate that NO. emissions would be two tothree times the standard of 1.26 g permillion cal heat input (0.7 pound permillion Btu). At the time of promulga-tion of § 60.44 in 1971, EPA was unawareof the possibility of burning coal refusein combination with other fossil-fuels,and thus the standards of performancewere not designed to apply to coal refuseconibustion. However, since coal refuse isa fossil fuel, as defined under § 60.41(b),its combustion is included under thepresent standards of performance.

Upon learning of the possible problemof coal refuse combustion units meetingthe standard of performance for NOx,the Agen6y investigated emission data,combustion characteristics of the mate-rial, and the possibility of burning it inother than cyclone furnaces before con-sideration was given to revising thestandards of performance. The investi-gation indicated no reason to exemptcoal refuse-fired units from the partlcu-

late matter or sulfur dioxide standards ofperformance, since achievement of thesestandards is not entirely dependent onfurnace design. However, the investiga-tion convinced the Agency that with cur-rent technology It is not possible to burnsignificant amounts of coal refuse andachieve the NOx standard of perform-ance.

Combustion of coal refuse piles wouldreduce the volume of a solid waste thatadversely affects the environment, woulddecrease the quantity of coal that needsto be mined, and would reduce acid waterdrainage as the piles are consumed.While NOx emissions from coal refuse-fired cyclone boilers are expected to beup to three times the standard of per-formance, the predicted maximumground-level concentration increase forthe only currently planned coal refuse-fired unit (173 MW) Is only two micro-grams NOx per cubic meter. This pre-dicted increase would raise the totalground-level concentration around thissource to only five micrograms NOx percubic meter, which is well below the na-tional ambient standard. For these rea-sons, § 60.44 is being amended to exemptsteam generating units burning at least25 percent (by weight) coal refuse fromthe NOx standard of performance. Suchunits mtist comply with the sulfur di-oxide and particulate matter standardsof performance.

Since this amendment is a clarificationof the existing standard of performanceand is expected to only apply to onesource, no formal Impact statement Isrequired for this rulemaking, pursuant tosection 1(b) of the "Procedures for theVoluntary Preparation of EnvironmentalImpact Statements" (39 FR 37419),

This action is effective on January 18,1975. The Agency finds good cause existsfor not publishing this action as a noticeof proposed rulemaking and for makingit effective immediately upon publication1~ecause:

1. The action is a clarification of anexisting regulation and is not intendedto alter the overall substantive contentof that regulation.

2. The action will affect only oneplanned source and is not ever expectedto have wide applicability.

3. Immnediate effectiveness of the ac-tion enables the source Inyolved to pro-ceed with certainty In conducting Itsaffairs.(42 U.S.O. 1817c-0, 9j

Dated: January 8, 1975.JoHN QUARrS,

Acting Adminfstrator.Part 60 of Chapter I, T/tle 40 of the

Code of Federal Regulations is amendedas follows:

1. Section 60.41 is amended by addingparagraph (c) as follows:60.41 Definitions.

(c) "Coal refuse" means wte-prod-ucts of coal mining, cleaning, and coalpreparation operations (e.g. culm, gob,etc.) containing cool, matrix material,

clay, and other organic and Inorganicmaterial.

2. Section60.44 Is amended by revisingparagraphs (a) (3) and (b) as follows:60.44 Standard for nitrogen oxides.

(a) ' 4 *(3) 1.26 g per million cal heat input

(0.70 pound per million Btu) derivedfrom solid fossil fuel (except lignite ora solid fossil fuel containing 25 percent,by weight, or more of coal refuse).

(0) When different fossil fuels areburned simultaneously In any combina-tion, the applicable standard shall bedetermined by proration using the fol-lowing formula:

z (026) +y (0.54) +z (1.28)

where:x is the percentage of total heat Input-de- -

rived from gaceous fossil fuel,V Ii the percentage of total heat Input de-

rived from liquid fowill fuel, endz Is the percentage of total heat Input de-

rived from solid fossil fuel (exceptlignite or a solid foi fuel contain25 percent, by weight, or more of calrefuse).

When lignite or a solid fossil fuel con-taning 25 percent by weight, or more ofcoal refuse is burned In combination withgaseous, liquid or other solid fossil fuel,the standard for nitrogen oxides doesnot apply.

[PR Doo.'15-1544 Filed 1-15-75;8:45 am]

"SUDCIAPTER -- PESTICIDE PROGRAMS[PFlL 32-5]

PART 180-TOLERANCES AND EXEMP-TIONS FROM TOLERANCES FOR PESTI-CIDE CHEMICALS IN OR ON RAW AGRI-CULTURAL COMMODITIES

4-amlno-6-(1,1-dimethylethy)-3-(methytthlo)-l,2,4-triazin-5(4H)-one

A petition (PP 5F1559) was filed (39FR 40326) by Chemagro Division ofMobay Chemical Corp., P.O. Box 4913,Kansas City, MO 64120, in accordancewith provisions of theFederal Food, Drug,and Cosmetic Act (21 U.S.C. 346a), pro-'posing establishment of a tolerance (40CPR Part 180) for combined residues ofthe herbicide 4-amino-6-(1, 1-dimethyl-ethyl) -3-(methylthio) - ,2,4I-triazin-5(4H) -one and Its triazinone metabolitesin or on the raw agricultural commoditypotatoes at 0.6 part per million.• Subsequently, the petitioner amendedthe petition by proposing tolerances forcombined residues of the herbicide andIts triazlnone metabolites in the meat,fat, and meat byproducts of cattle, goats,hogs, horses poultry and sheep at 0.2 partper million and in eggs and milk at 0.1part per million. (For a related docu-ment, see this issue of the FEzEA REc-rsrm, page 2799).

Based on consideration given the datasubmitted in the petition and other rele-vant material, It is concluded that:

1. The herbicide is useful for the pur-pose for which the tolerances are beingestablished.

FEDERAL REGISTER,.VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

2803

2804

2. The proposed tolerances are ade-quate to cover residues in eggs, meat,milk, and poultry.

3. The tolerances established by thisorder will protect the public health.

4. The old chemical name of the herbi-cide (4-amino-6-tert-butyl-3-(methyl-thio) -as-triazin-5-(4H) -one) as listedIn the Code of Federal Regulationsshould be changed to the new name aswritten in this order.

Therefore, pursuant to provisions ofthe Federal Food, Drug, and CosmeticAct (se. 408(d)(2), 68 Stat. 512; 21U.S.C. 346a(d) (2)), the authority trans-ferred to the Administrator of the En-vironmental Protection-Agency (35 FR15623), and the authority delegated bythe Administrator to the Deputy Assist-ant Administrator for Pesticide Pro-grams (39 FR 18805), § 180.332 is revisedin the heading and text to read asfollows:

§ 180.332 4- Amino - 6-(1,1 - dimethyl-ethyl) - 3- (methyldio)-1,2,4-5 (4H)-one; tolerances for residues.

Tolerances are established for com-bined residues of the herbicide 4-amino-6 - (1,1-dtmethylethyl) -3- (methylthio) -1,2,4-trlazin-5(4H) -one, and its triazi-none metabolites in or on raw agricul-tural commodities as follows:

0.6 par per million in or on potatoes.0.2 part per million in meat, fat, and

meat byproducts of cattle, goats, hogs,horses, poultry, and sheep.

0.1 part per million in or on soybeans.0.01 part per million in eggs.0.01 part per million in milk.Any person who will be adversely af-

fected by the foregoing order may atany time on or before February 18, 1975,file with the Hearing Clerk, Environmen-tal Protection Agency, Room 1019E, 4th& M Streets SW., Waterside Mall, Wash-Ington, D.C. 20460, written objectionsthereto In quintuplicate. Objections shallshow wherein the person filing will beadversely affected by the order andspecify with particularity the provisionsof the order deemed objectionable andthe grounds for the objections. If ahearing is requested, the objections muststate the Issues for the hearing. A bear-ng will be granted if the objections aresupported by grounds legally sufficientto justify the relief sought. Objectionsmay be accompanied by a memorandumor brief in support thereof.

Effective date. This order shall "be-come effective on January 16,1975.(See. 408(d) (2), 68 Stat. 512 (21 U.S.C.340a(d) (2)))

Dated: January 13, 1975.Enwm L. JoHNsoN,

Acting Deputy Assistant Ad-ministrator for PesticidePrograms.

[FR Doo.75-1552 Piled 1-15-75;8:45 am]


SUBCHAPTER N-EFFLUENT GUIDELINESAND STANDARDS

I:ERL -21-4]

PART 429-TIMBER PRODUCTS PROCESS-ING POINT SOURCE CATEGORY

Effluent Limitations Guidelines lor ExistingSources and Standards of Performanceand Pretreatment StandardsOn August 26, 1974, 'notice was pub-

lished in the FEDERAL REGISTER (39 FR30892), that the Environmental Protec-tion Agency (EPA or Agency) was' pro-posing effluent limitations guidelines forexisting sources and standards of per-formance and pretreatment standardsfor new sources 'within the wet storage,the log washing, the sawmills and plan-Ing mills, the fnishing, the particleboardmanufacturing, the insulation boardmanufacturing, and the insulation boardmanufacturing with steaming or hard-board production subcategories of thetimber products processing category ofpoint sources.

The purpose, of this notice is to estab-lish final effluent limitations guidelinesfor existing sources and standards ofperformance and pretreatment stand-ards for new sources in the timberproducts processing category of pointsources, by amending 40 CTR Chap-ter I, Subchapter N, Part 429 byadding thereto the wet storage subcate-gory (Subpart I), the log washing sub-category (Subpart J), the sawmills andplaning mills subcategory (Subpart K),the finishing subcategory (Subpart L)and the particleboard manufacturingsubcategory (SubpartAD . This final rule-making is promulgated pursuant to sec-tions 301, 304 (b) and (c), 306 (b) and(c) and 307(c) of the Federal Water Pol-lution Control Act, as amended, (theAct); 33 U.S.C. 1251, 1311, 1314 (b) and(c), 1316 (b) and (c) and 1317(c); 86Stat..816 et seq.; Pub. L. 92-500. Regula-tions regarding cooling water intakestructures for all categories of pointsources under section 316(b) of the Actwill be promulgated in 40 CFR Part 402.

In addition, the EPA is simultaneouslyproposing a separate provision whichappears in the proposed rules section ofthe FEDERAL REGISTER, stating the appli-cation of the limitations and standardsset forth below to users of publiclyowned treatment-works which are subjectto pretreatment standards under section307(b) of the Act. The basis of thatproposed regulation is set forth in theassociated notice of proposed rulemaking.

The legal basis, methodology andfactual conclusions which support pro-mulgation of this regulation were setforth in substantial detail in the noticeof public review procedures publishedAugust 6, 1973 (38 FR 21202) and in thenotice of proposed rulemaking for thewet storage, the log washing, the saw-mill and planing mills, the finishing,the particleboard manufacturing, the in-

sulation board manufacturing, and theinsulation board manufacturing withsteaming or hardboard production sub-categories. In addition, the regulationsas proposed were supported by two otherdocuments: (1) the document entitled"'Development Document for ProposedEffluent Limitations Guidelines and NewSource Performance Standards for theWet Storage, Sawmills, Particleboardand Insulation Board Segment of theTimber Products Processing Point SourceCategory" (August 1974) and (2) thedocument entitled "Economic Analysisof Proposed Effluent Guidelines, theTimber Processing Industry" (August1974). Both of these documents weremade available to the public and cir-culated to interested persons at approxi-mately the time of publication of thenotice of proposed rulemaking.

Interested persons were invited to par-ticipate in the rulemaking by submittingwritten comments within 30 days fromthe date of publication. Prior public par-ticipation In the form of solicited com-ments and responses from the States,Federal agencies, and other Interestedparties were described in the preambleto the proposed regulation. The EPA hasconsidered carefully all of the commentsreceived and a discussion of these com-ments with the Agency's response theretofollows.

(a)- Summary of comments.The following responded to the request

for comments which was made In thepreamble to the proposed regulation (In-cludes only those commenters applicableto subparts I, J, K, L and M) : the Na-tional Forest Products Association, theNorthern Hardwood & Pine Manufactur-ers Association, Inc., State of Mississippl,Air and Water PollutiOn Control Com-mission, and the Effluent Standards andWater Quality Information Advisory-Committee.

Each of the comments received wascarefully reviewed and analyzed. The fol-lowing is a summary of the significantcomments and EPA's response to thosecomments.

(1) A commenter questioned the ap-plication of a single number guideline tosubcategories in the timber productsprocessing Industry, I.e., the limitationsdo not acknowledge or accommodate thegreat amount of variation which existsamong Individual plants In this category.

The effluent limitations guidelines andstandards take differences within an in-dustry into account through subcate-gorization. The subcategorizatlon con-siders process employed, raw materials,treatment options available, processwater requirements, the cost of treat-ment and other factors. The guidelinesand standards development effort alsoincluded consideration of reasonablewater use and process control. A provi-sion allowing flexibility in the applica-tion of the limitations representing best

fEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975


'practicable zontrol technology currently-available -(BPCTCA) is included in theregulation tomccountfor special drcum--stances that may mot have been ade-.quately accounted for when theseregulations -were developed.

(2) A comment stated that the tech--nologically based proposed regulationsdo not adequately consider the energy.requirements, ground -water supplies,land use, 'and -air quality -environmentaltrade-offs involved.

Tlhe Lffluent guidelines and standards-development -program took into consid-.eration mnany factors in the d~termina-tion of BPCTCA. Included was the costof pollution control, the capability ofindustrialsegments to handle these costs,the nonwater quality environmental im-pact of these limitations, and the energyrequirements.

(3) A comment was received thatquestioned the Agency's interpretationof the Act. The commenter stated thatthe Agency is administering the Act asif zero discharge by 1985 is a require-ment rather than a goal, i.e., instead offocusing on "end-of-pipe" treatment inidentifying -PCTCA, inplant process-changes and. modifications were consid-ered as part of MBPCTCA.

-Section 304(b) (1) (B) of the Act statesthat 'the engineering aspects of the ap-'plication of various types of' demon-strated control techniques" shall be a1actor in determining the control meas-uresa ndpractices to be applicable to anypointsources. -procedures that are prac-ticed in the subcategory to which theseregulations are applicable-are considera-tions in the determination of best prac--ticable control technology.

-(4) A comment was received thatnoted that the wet storage regulation, asproposed, does not include log 'pondswhich received influent -water from sur-face streams or springs. The questionwas raised-regarding how limitations forthese facilities are to be Rpplied.

Adequate information was not avail-able during the guidelines development'programto 'Present -limitations for thesefacilities. Wet.torage facilities currentlyin existence total more than 1,000. The,variations in hydraulic throughput rate,

-geographical layout of -the wet storagefacility and drainage area, type of rawmaterial stored, the'ength of the periodof storage are such that further study inthis area is necessary before limitationson these facilities can be proposed.

(5) A 6omment was -received that the-comment and response section of thepreamble to the Proposed- regulation(Comment 1) implied that glue wasteand wash up water from glue systemsshould -be -discharged -to log storage-ponds.

The regulations promulgated April 18,1974 (40 CFR -Ta429, Subpart C) pro-.hibit any -discharge of process waste-water.pollntants from 'plywood manu-facturing facilities that tdo not store orhold raw materials in .wet storage con-Aitions. "The Development Documentsuppordn that regulation 'presents in-formation on -operating practices andprocedures to minimize the generation of

,Process waste water from plywood man-ufacturing operations, and control tech-nologies available to dispose of thes&waste waters. It is the intent of this reg--lation to eliminate the discharge ofprocess waste water from plywood man-ifdacturing to navigable waters. The de-Velopment document to support the-Subpart C regulation establishes that the-elimination of the discharge of process-waste water 'Pollutants either directly tothe navigable waters or indirectly-through a wet storage facility is achiev-iable.

An amendment to Subpart I-Wet,Storage Subcategory is being shmultane-ously proposed that will establish a limiton the allowable discharge of biochemi-cal oxygen demand from wet storagefacilities.

(6) Commenters indicated that thevolume limitation on discharges fromwet storage facilities essentially elimi-mated the construction of log ponds as awood storage facility and that the pre-'cipitation, evaporation relation ship, aspresented in the proposed regulations isincompatible with the NPDES pernt,program.

Wet storage operations are located ina variety of geographical situations. The'Physical placement of existing aicillties,was determined by many factors. The'Practicability of determining, -with themecessary degree of accuracy, the drain--age area into the wet storage facility is-in many situations limited. For a newly-cohstructed wet storage facility, consid-,erations of location, design, and operat-ing practices, including the exclusion of:other process waste waters from the wetstorage water system, indicate that It isusually practicable to control the dis-charge of process water during periodswhen evaporation is greater than pre-cipitation. Because of the variety andinterrelationships of these factors, it isnot feasible to implement an absolutevolume limitation for new sources in thewet storage subcategory. These factorsshould, however, be considered. Infor-mation on the relationship between pre-cipitation and evaporation is available inthe "Climatic Atlas of the United States,"-published by the Department of Com-merce, June 1968, and -also is available-through the National Climatic Center,2Xational Oceanic and Atmospheric Ad-ministration.

(7) One comment questioned theability of the industry to achieve no dis-charge from log washing operations.

Section VII of the development docu-anent states that at least two facilities-are achieving total recycle of settled ef-fiuent. The operation of log washing isnot widely practiced at the present time,although It Is anticipated that the prac-tice will increase in the future because of.the industry's efforts to maximize utill-zation of the raw material. The costs re-lated to retrofittingan existing log wash-ngoperation mayrequlre modification orrelocation of -associated equipment, andthe benefits associated with the elimina-tion of discharge of process waste waterpollutants from this operation may beless than the back fitting costs. The costs

required to install a caszd system in anow installation are usually less as a re-sult of planning in the design stages ofinstallation of d new facility. An-effluentlimitation of 50 mg/1 total suspendedsolids and pH within the range of 6.0 to9.0 Is included in the regulation asBPCT because these levels of eflluent dis-charge are readily achievable.

(8) A comienter stated that the for--est products industry Is typified by manymall privately owned firms. These firmsare sensitive to small cost incrementssuch as might be required to implement'the regulations as proposed, and thesefirms may not have 2ccess to the funds'necessary to comply -with Pollution con-'trol requirements.

The effluent guidelines and standardsdevelopment program included the col-lection of cost Information. This infor-mation was used in a separate study,'!Economic Analysis of Proposed Effluent-Guidelines, Timber Processing Industry"and determined the financial status ofthe various segments of the timber prod-ucts processing industry. Included wereconsiderations of internal and externalcosts, financial impact in terms of cost!profit-ability changes, forced mill clo-sures, and employment impact. The con-cluslon of the economlcimpact study wasthat the associated costs are small andwill not significantly affect profit mar-gins or 'present a capital availabilityproblem.

(9) A comment questioned the appli-cability of the proposed regulations toprocess waters such as boner blowdownand cooling water.

The regulations promnlgatedbelow are'not applicable to boiler blowdown andnon-contact cooling water. The Agencybas studies underway to establish effluentguldellnes and standards for dischargesof -boiler blowdown and cooling water.I.Rgulations applicable to boiler blow-down and cooling water discharges fromsubcategories in 40 CFR Chapter Z Sub-chapter N, Part 429 will be proposed inthe near future.

(10) An internal comment was re-celved that indicated that materials usedin the various operations included inthe finIshing subcategory may either passthrough untreated or have an adverse ef-fect on a publicly owned treatmentworks.

It Is recognized that this situation mayexist. However, because of the varietyof materials used and the differences inbiodegradability, possible toxicity, treat-ability and control of these materials aswell as the differences in the capabilitiesof municipal treatment systems to han-dle these waste waters, it is not feasible'to establish a national standard. Opera-tors of a publicly owned treatment workswill exercise Judgment in -controllingwastes that will interfere with the treat-ment systems efficiency.

(11) Questions have been raised con-cerning the availability of standards orguidelines applicable to the disposal ofsolid wastes resulting from the operationof polution control systems.

The principles set forth In "Land Dis-posal of Solid Wastes Guidelines" (40


2805


CFR 241) may be used as guidance foracceptable land disposal techniques. Po-tentially hazardous wastes may requirespecial considerations to ensure theirproper disposal. Additionally, state andlocal guidelines and regulations shouldbe considered wherever applicable.

(b) Revision of the proposed regula-tion prior to promulgation.

As a result of public comments andcontinuing review and evaluation of theproposed regulation by the EPA, the fol-lowing changes have been made in theregulation.

(1) Sections 429.111, 429.121, and 429.-131 entitled "Specialized definitions" nowinclude specific clarifying statements re-garding waters subject to these limita-tions.

(2) Subpart I, Wet Storage Subcate-gory was modified to eliminate the vol-ume limitation on discharge from wetstorage operations and also was modifiedto make the pH limitation consistentwith limitations required for other dis-chargers.

(3) Sections 429.92, 429.93 and 429.95of Subpart I-Wet Storage Subcategorywere modified to present the limitationsin a narrative form rather than tabular,as they were proposed. This modificationwas made to more clearly state the regu-lation and eliminate - the possibility of-misinterpretation of the limitation.

(4) Subpart J, Log Washing subcate-gory was modified to allow a dischargefrom existing log washing facilities.

(5) The pretreatment standards fornew sources promulgated below for thewet storage (Subpart I), the log wash-ing (Subpart J), the sawmills and plan-ing mills (Subpart K), the finishing(Subpart L), and the particleboard man-ufacturing (Subpart M) subcategorieswere modified to indicate the pollutantspresent in process waste waters gener-ated by these subcategories and to allowthe discharge of pollutants in amountsthat can be adequately treated by pub-licly owned treatment systems.

(6) The Agency originally proposedregulations applicable to two additionalsubcategories not included in this regu-lation: Subpart N-Insulation BoardManufacturing Subcategory and Subpart0-Insulation Board Manufacturingwith Steaming or Hardboard Produc-tion Subcategory. As a result of publiccomments received on the proposed reg-ulation additional information is beinggathered concerning these subcategories.After this data is obtained and analyzed,final regulations applicable to these sub-categories will be published:

(c) Economic impact.The changes to the regulations men-

tioned above will have no adverse effectson the conclusions of the economic im-pact study conducted as part of the ef-fluent guidelines development program.In none of the subcategories for whichthese limitations apply are the regula-tions more stringent. The clarification ofthe definitions of process waste watersfor the point sources affected by theselimitations will decrease the volume ofwater requiring treatment -or disposal.

The changes therefore will only result.with economic impact being less severe.

(d) Cost-benefit analysis.The detrimental effects of the constit-

uents of waste waters now dischargedby point sources within the wet storage,sawmills, particleboard and insulationboard segment of the timber productsprocessing point source category are dis-cussed in Section VI of the report en-titled "Development Document for Efflu-ent Limitations Guidelines for the WetSporage, Sawmills, Particleboard and In-sulation Board Segment of the TimberProducts Processing Point Source Cate-gory" (August 1974). It Is not feasible toquantify in economic terms, particularlyon a national basis, the costs resultingfrom the discharge of these pollutants toour Nation's waterways. Nevertheless, asindicated in Section VI, the pollutantsdischarged have substantial and damag-ing impacts on the quality of water andtherefore on its capacity to supporthealthy populations of wildlife, fish andother aquatic wildlife and on its suit-ability for industrial, recreational anddrinking water supply uses.

The total cost of implementing the ef-fluent limitations guidelines includes thedirect capital and operating costs of thepollution control technology employed toachieve compliance and the indirect eco-nomic and environmental costs identifiedin Section VIII and in the supplementaryreport entitled "Economic Analysis ofProposed Effluent Guidelines, the TIM-BER PROCESSING INDUSTRY" (Au-gust 1974). Implementing the effluentlimitations guldeliies will substantiallyreduce the environmental harm whichwould otherwise be attributable to thecontinued discharge of polluted wastewaters from existing and newly con-structed plants in the timber productsprocessing industry. The Agency believesthat the benefits of thus reducing thepollutants discharged justify the associ-ated costs which, though substantial inabsolute terms, represent a relativelysmall percentage of the total capital in-vestment in the industry.

(e) Publication of information on proc-esses, procedures, or operating methodswhich result in the elimination or reduc-tion of the discharge of pollutants.

In conforniance with the requirementsof Section 304(c) of the Act, a manualentitled, "Development Document for Ef-fluent Limitations Guidelines and NewSource Performance Standards for theWet Storage, Sawmills, Particleboardand Insulation Board -Segment of theTimaber Products Processing Point SourceCategory," will be published and avail-able for purchase from the GovernmentPrinting Office, Washington, D.C. 20402for a nominal fee.

(f) Final rulemaking.In consideration of the foregoing, 40

CFR Chapter I, Subchapter N, Part 429Timber Products Processing Point SourceCategory, is hereby amended by addingadditional subparts I, J, K, L and M toread as set forth below. This regulationis being promulgated pursuant to an

order of the Federal District Court forthe District of Columbia entered InNatural Resources Defense Council, Inc,v. Train (Cv. No, 1609-73). That orderrequires that effluent limitations requir-Ing the application of best practicablocontrol technology currently availablefor this industry be effective upon pub-lication. Accordingly, good cause is foundfor the final regulation promulgated be-low establishing best practicable controltechnology currently available for eachsubpart to be effective January 16, 1975.

The final regulation promulgated be-low establishing the best available tech-nology economically achievable, thestandards of performance for newsources and the new source pretreatmentstandards shall become effective Febru-ary 18, 1975.

Dated: January 7, 1975.RUSSELL E. TnA,;

Administrator.Subpart I-Wet Storage Subcategory

See.429.90 Applicability; description of the weAt

storao subcategory.429.91 Specialized definitions,429.92 Effluent limitatlons guidelines rep-

resenting the degreo of effluenoreduction attainablo by the ap-plication of tho best practicablocontrol technology currentlyavailable.

429.93 Effluent limitations guidelines rep-resenting the degreo of effluontreduction attainable by the ttp-pllcatton of the beat availabletechnology economically achlv-able.

429.94 Rezervcd.429.95 Standards of performance for now

sources.429.96 Pretreatment standards for now

sources.Subpart J-Log Washing Subcategory

429.100 Applicability, description of the logwashing subcategory.

429.101 Specialized donItions.429.102 Effluent limitations guidelines rep-

resenting the degree of efflUentreduction attainable by the ap-plication of the best practicablecontrol technology currentlyavailable.

429.103 Effluent limitations guidelines rep-resenting the degree of offluentreduction attanable by the ap-plication of the best availabletechnology economically achiov-able.

429.104 Reserved.429.105 Standards of performance for now

sources.429.106 Pretreatment standards for new

sources.Subpart K--Sawmills and Planing Mills

Subcategory429.110 Applicability; description of the

sawmills and planing mills sub-category.

429.111 Specialized definitlons.429.112 Effluent limitations guidelines rep-

resenting the degreo of effluontreduction attainablo by tho ap-pli tion of the beat prnatleablocontrol technology currentlyavailable.


2806

,RULES AND REGULATIONS

Sec429a13 ffluent limitations guidelines Tep

resenting the degree of emf1uenreduction attainable by the application of the best 'avallabltechnology economically achlev

- • 'able.429.114 Iesexved]429.115 Standards of performance for nev

429116 .Petreatment standards -or aevsources.

Subpartl-Finishingu'-Sbcalegory429.120 Applicability;, description of 'thi

Tmisblng subcategory.429-12 Specialized 'efinitions.429-122 lEffluent limitations guldellnes rep.

xesenting the degree of eafluenreduction attainable by the application of the best practicablicontrol technology currentlavailable.

429.123 Effuent limitations guidelines rep.xesenting the degree of efuenTeduction attainable by the ap.,plicatlon of the best avallabl(

.echnology economically achiev.able.

429.124 IReserved]429.125 -Standards of performnce for ney,

,sources.429.126 Pretreatment standards for mev

:sources.- Subpart M-Particleboard Manufacturing

Subcategory429.130 Applicability; description of the

particleboardxcanufacturing sub-,category. -

429.131 -Specilized definitions.429.32 MEfuent limitations guidelines -,ep-

.rsentlng -the degree of efflueni" reduction attainable by the ap-

piUcation -of the best -practicablecontrol tec nology currentl3available.

429.133 Effuent limitations guldelines-rep-resenting the degree of -effluenlxeduction attainable by the ap-.plication of .th best available'technology economically acblev-able.

429134 '[eserved]429135 Standards of pefformance for nei

'sourcer.429.136 Pretreatment standards for aew

sources.Auronar: Sec. 301..304(b) and (c), 306

(b) and (c), 307(c), Federal Water PollutionControl 'Act, as amended (the 'Act); 33 U.S.C.1251, 1311, 1314(b) and (c). 1316(b) and (c),1317(c); 86 Stat, 816 et seq.; Pub. L. 92-500.

Subpart-Vet Storage Subeategory§ 429.90 Applciliility; description of

.the-wetstorages-ucategory.The provisions,of this subpart are ap-

plicable to discharges resulting from theholding of unprocessed wood, i.e., logs orroundwood with- bark or after Temovalof bark in self-contained -bodies of water(mill ponds or log Ponds) or land,stor-age-where water is sprayed ordepositedintentionally on the logs (wet decking).§ 429.91 Eipecialized definitions;

For the purpose of -this subpart:(a) Except as provided -below, the

general definitions abbreviations andmethods of analysis set forth in 40 CFR401 s'hall apply to this subpart.

-(b) 'The term "self-contained body ofvater" shall mean a body of water that

does not have a continuous natural in-- fluent of water, -either surface water or

groundwater, and that is used to store,- sort, .grade, or feed wood raw materials- by an establishment in Major Group 24,

according to the *U.S. Department ofCommerce, Standard Industrial Classi-

7 fication (SIC) Manual (1972).,(c) "Debris" means a -woody 'material

such as bark, twigs, branches, heartwoodor sapwood that will not pass through a2.54 cm (1.0 in) diameter round openingthat might be present in the dischargefrom a wet storage facility.

§429.92 Effluent limitations guidelinesrepresenting the degree of efluentreduction attainablo 'by the zapplica-o lion ;of the lest practicable control

- techmology currently available.In establishing the limitations set

forth in this section, -EPA took into ac-count all information It -wa able to col-lect, develop and solicit with respect tofactors (such as age and size of plant,raw rnaterlals,'manufacturing processes,products produced, treatment technology

r avallable, -energy Tequirements andcosts) which con affect the industry sub-categorization and effluent levels estab-lished. It Is, however, possible that datawhich would affect these limltatlonshavenot been available and, as a result, theselimitations should be adJustedfor certainplants in this industry. An individualdis-charger or other interested -person maysubmit evidence to the Regional Admin-Istrator (or to the State, if.the State hasthe authority to Issue NPDES permits)that factors relating -tothe-equipment orfacilities involved, the process applied, orother such factors related to such -dis-charger are fundamentally differentfrom the factors considered In the estab-lishment of the guideline& On the basis

- of such evidence or other available In-formation, the Regional Administrator(or the State) 'ill make a written find-ing that such factors are or are not

* fundamentally different for that facilitycompared to those specified in the De-velopmentbDocument. If such fundamen-'tally different factors are found to exist,the Regional Administrator or the Stateshall establish for the discharger efluent

* limitations in the NPDES permit, eithermore or less stringent than the limita-tions established herein, to the extentdictated by such fundamentally differentfactors. Such limitations must be np-proved by the Administrator of the En-vironmental Protection Agency. The Ad-ministrator may approve or disapprovesuch limitations, specify other limita-tions, or initiate proceedincs to revisethese regulations.

The following limitations establish thequantity or quality of polltuants or pol-lutant propertles, controlled by this sec-tion, which mayle discharged by a pointsource subject o the provisions of thissubpart after application of the bestpracticable control technology currentlyavailable: There shall be no debris dis-charged and the pH shall be within therange of 6.0 to 9.0.

§ 429.93 Eflluent limitations guidelinesrepresenting -the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

'The following limitations establish thequantity or quality of pollutants or pol-lutant properties, controlled by this sec-tion, which may be discharged by a pointsource subject to the provisions of thissubpart after application of the bestavailable -technology economicallyachievable: There shall be no debris dis-charged and the pH shall be within therange of 6.0 to 9.0.§ 429.94 []lceerved.]§ 429.95 Standards mf pcrformance for

new sources.

The following standards of Perform-ance establish the quantity or quality ofpollutants or pollutant properties, -vhichmay be discharged by a new.surce sub-Ject to the Provisions of this subpartThere shall be no debris discharged andthe pH shall be within therange uf 6.0 to9.0..§429.96 Pretreatment standards -or

-new sources.The pretreatment standards under

section 307(c) of the Act for a newsource within the wet storage subcate-gory -which Is a user of a publicly ownedtreatment works and a major contrib-uting industry as defined in 40 CTR 128for existing sources (and which would bea new point source subject to section 306of the Ack, if It were to discharige pol-lutants to the navigable waters) shall bethe same standard as set forthin 40 CFR128, except that, for the Purpose of thissection, 40 C, 128.121,128.122, 128.132and 128.133 shall not apply. The follow-Ing pretreatment standard establishesthe quantity or quality of Pollutants orpollutant properties controlled 'by thissection which may be-discharged to apublicly owned treatment works by anew point source subject to the provi-sions of this subpart.Po'llutant or poUutant Pretreatment

properii atazdfcrpH 11o limitation.BOD$ -- Mo.

W Do.

Subpart.t-logWashing Subcategory429.100 Appicabh.y;- description of

the log washing subcategory.

The provisions of this subpart are ap-plicable to discharges restlting rom theprocess of pass ng logs through an op-eration where -water under -pressure isapplied to the log for the purpose of re-moving foreign material from the sur-face of the log before further processing.§ 429.101 Specialized defini ions.

For the purpose of this subpart:The generaldefinitions, abbreviations

and methods of analysis set forth in 40CFR 401 shall apply to this subpar.

FEDERAL REGISTER, VOL 40,'NO. 11-THURSDAY, JANUARY 16, 1975

-2807


§ 429.102 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

In establishing the limitations set forthin this section, EPA took into account allinformation it was able to collect, de-velop and solicit with respect to factors(such as age and size of plant, raw ma-terials, manufacturing processes, prod-ucts produced, treatment technologyavailable, energy requirements and costs)which can affect the industry subcate-gorization and effluent levels established..It is, however, possible that data whichwould affect these limitations have notbeen available and, as a result, theselimitations should be adjusted for cer-tain plants in this industry. An individ-ual discharger or other interested personmay submit evidence to the Regional Ad-ministrator (or to the State, if the Statehas the authority to issue NPDES per-mits) that factors relating to the equip-ment or facilities involved, the processapplied, or other such factors related tosuch discharger are fundamentally dif-ferent from the factors considered in theestablishment of the guidelines. On thebasis of such evidence or other availableinformation, the Regional Administrator(or the State) will make a written find-Ing that such factors are or are notfundamentally different for that facilitycompared to those specified in the De-velopment Document. If such funda-mentally different factors are found toexist, the Regional Administrator or theState shall establish for the dischargereffluent limitations in the NPDES permiteither more or less stringent than thelimitations established herein, to the ex-tent dictated by such fundamentally dif-ferent factors. Such limitations must beapproved by the Administrator of theEnvironmental Protection Agency. TheAdministrator may approve or disap-prove such limitations, specify other lim-itations, or initiate proceedings to re-vise these regulations.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovisions of this subpart after applica-tion of the best practicable control tech-nology currently available: There shallbe no discharge of process waste waterpollutants to navigable waters containinga total suspended solids concentrationgreater than 50 mg/1 and the pH shallbe within the range of 6.0 to 9.0.§ 429.103 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovisions of this subpart after applica-tion of the best available technology eco-nomically achievable: There shall be nodischarge of process waste water pol-lutants to navigable waters.

§ 429.104 [Reserved] --§ 429.105 Standards of performance for

new sources.The following standards of perform-

ance establish the quantity or quality ofpollutants or pollutant properties, whichmay be discharged by a new source sub-ject to.the provisions of this subpart:There shall be no discharge of processwaste water pollutants to navigablewaters.§ 429.106 Pretreatment standards for

new sources.The pretreatment standards under sec-

tion 307(c) of the Act for a new sourcewithin the log washing subcategory whichis a user of a publicly owned treatmentworks and a major contributing industryas defined in 40 CFR 128 for existingsources (and which would be a new pointsource subject to section 306 of the Act,if it were to discharge pollutants to thenavigable waters) shall be the samestandard as set forth in 40 CPR 128, ex-cept that, for the purpose of this section,40 CFR 128.121, 128.122, 128.132 and128.133 shall not apply. The following

-pretreatment standard establishes thequantity or quality of pollutants or pol-lutant properties controlled by this sec-tion which may be discharged to a pub-licly owned treatment works by a newpoint source subject to the provisions ofthis subpart.Pollutant or pol- PretreatmentZutant property standardpH ------------------ No limitatIon.BOD5 --------------------- DO.TSS ---------------------- Do.

Subpart K-Sawmills and Planing MillsSubcategory

§ 429.110 Applicability; description ofthe sawmills and planing mills sub-category.

The provisions of this subpart are ap-plicable to discharges resulting from thetimber products processing proceduresthat include all or part of the followingoperations: bark removal (other thanhydraulic barking as defined In Section429.11 of this part) sawing, resawing,edging, trimming, planing and ma-chining.§ 429.111 Specialized definitions.

For the purpose of this subpart:(a) Except as provided below, the gen-

eral definitions, abbreviations and meth-ods of analysis set forth in 40 CFR 401shall apply to this subpart.

(b) Specifically excluded from theterm "process waste water" for this sub-part are processed wood storage yardrunoff and fire control water.§ 429.112 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

In establishing the limitations setforth in this section, EPA took into ac-count all information it was able 'to col-lect, develop and solicit with respectto factors (such as age and size of plant,raw materials, manufacturing process-

es, products produced, treatment tech-nology available, energy requirementsand costs) which can affect the industrysubcategorization and effluent levels es-tablished. It is, however, possible thatdata which would affect these limitationshave not been available and, as a result,these limitations should be adjusted forcertain plants in this industry. An indi-vidual discharger or other Interestedperson may submit eyidence to theRegional Administrator (or to the State,if the State has the authority to IssueNPDES permits) that factors relating tothe equipment or facilities involved, theprocess applied, or other such factorsrelated to such discharger are funda-mentally different from the factors con-sidered In the establishment of theguidelines. On the basis of such evidenceor other available information, theRegional Administrator (or the State)will make a written finding that suchfactors are or are not fundamentally dif-ferent for that facility compared tothose specified In the Development Docu-ment. If such fundamentally differentfactors are found to exist, the RegionalAdministrator or the State shall estab-lish for the discharger effluent limita-tions in the NPDES permit either moreor less stringent than the limitationsestablished herein, to the extent dictatedby such fundamentally different factors.Such limitations must be approved bythe Administrator of the EnvironmentalProtection Agency. the Administratormay approve or disapprove such limita-tions, specify other limitations, orinitiate proceedings to revise theseregulations.

The following limitations establishthe quantity or quality of pollutants orpollutant properties which may be dis-charged by a point source subject to theprovisions of this subpart after applica-tion of the best practicable control tech-nology currently available: There shallbe no discharge of process waste waterpollutants to navigable waters.

429.113 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovisions of this subpart after applica-tion of the best available technologyeconomically achievable. There shall beno discharge of process waste water pol-lutants to navigable waters.§ 429.114 [Reserved]§ 429.115' Standards of perfornuice for


ance establish the quantity or quality ofpollutants or pollutant properties, whichmay be discharged by a new source sub-ject to the provisions of this subpart:There shall be no discharge of processwaste water 'pollutants to navigablewaters.

FEDERAL REGISTER, VOL 40, NO. 11-TiURSDAY, JANUARY 16, 1975

2808

1-429.116 Pretreatment standards 'fornew sources.

,The pretreatment, standards undersection 307(C) of the Act for a newsource-within the sawmills and plan-ing mil subcategory which Is a user ofa- publicly owned treatment works anda major contributing industry as definedin 40 CFR 128, for existing sources (andwhich wouldbe a new point source sub-ject to section 306 of the Act, if It wereto discharge pollutants to-the navigablewaters) shall be the same standard as

* set forth in 40 CPR 128, except that, forthe purpose of this section, 40 CFR128.121, 128.122, -128.132 and 128.133shall not apply. The following pretreat-ment standard establishe6 th quantityor quality of pollutants or pollutantproperties controlled by this sectionwhich may be discharged to a publiclyowned treatment works by a new point,source subject to the provisions of thissubpart.

Pollutant or Pretreatmentpollutant property standard

pH -----------... No imilttion.BOD5 --------- Do.TSS - Do.

Subpait L-Finishing Subcategry§ 429.120 Applicability; description of

the finishing subcategory.The provisions of this subpart are ap-

plicable to discharges resulting from theoperations. following edging and trim-nuing. These operations include drying,planing, dipping, staining; end coating,moisture proofing, fabrication, and by-product utilization not otherwise cov-ered by specific guidelines and standards.§ 429.121 Specialized definitions.

For the purpose of this subpart:(a) Except as provided below, the

general definitions, abbreviations andmethods of analysis set forth i. 40 CFA401 shall apply, to this subpart.

(b) The term "by-product utilization"shall be the manufacture of productsfrom bark and wood waste materials,but doesnot include the manufactureof insulation board, particleboard, orhardboard.(c) Specifically excluded from the

term "process wastewater" for this sub-part is fire control water.§ 429.122 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica.- tion of the best practicable controltechnology currently available.

In establishing the limitations set forthin this section, EPA took into account allnformatiodi it was able to collect, developand solicit with respect to factors (such-as age and size of plant, raw materials,manufacturing processes, products pro-duced, treatment technology available,

- energy requirements and costs) whichcan affect the-industry subcategorizationand effluent levels established. It Is, how-ever, possible that data which wouldaffect these limitations have not beenavailable and, as a result, these limita-tions should be adjusted for certain


plants in this industry. An individual dis-charger or other Interested person maysubmit evidence to the.Regional Admin-istrator (or to the State, if the State hasthe authority to Issup NPDES permits)that factors relating to the equipment orfaclilties involved, the process applied, orother such factors related to such dis-charger are fundamentally differentfrom the factors considered In the estab-lishment of the guidelines. On the basisof such evidence or other available infor-mation, the Regional Administrator (orthe State) will make a written findingthat such factors are or are not funda-mentally different for that facility com-pared to those specified in the Develop-ment Document. If such fundamentallydifferent factors are found to exist, theRegional Administrator or the Stateshall establish for the discharger eluentlimitations in the NPDES permit eithermore* or less stringent than the limita-tions established herein, to the extentdictated by such fundamentally differentfactors. Such limitations must be ap-proved by the Administrator of the En-vironmental Protection Agency. The Ad-ministrator may approve or disapprovesuch limitations, specify other limita-tions, or initiate proceedings to revisethese regulations.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovisions of this subpart after applica-tion of the best practicable control tech-nology currently available: There shallbe no discharge of process waste waterpollutants to navigable waters.§ 429.123 Effluent limitations guidelines

representing the degree of effluent re-duction attainable by the applicationof the best available technology eco-nomically achievable.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovIsions of this subpart after applica-tion of the best available technology eco:noaically achievable: There shall be nodischarge of process waste water pollut-ants to navigable waters.§ 429.124 [Reserved]§ 429.125 Standards of performance for

new sources.

The following standards of perform-ance establish the quantity or quality ofpollutants or pollutant properties whichmay be discharged by a new source sub-ject to the provisions of this subpart:There shall be no discharge of processwaste water pollutants to navigablewaters.

429.126 Pretreatment standards fornew sources.

The pretreatment standards undersection 307(c). of the Act for a new gourcewithin the finishing subcategory whichIs a user of a publicly owned treatmentworks and a major contributing industryas defined In 40 CFR 128 for existingsources (and which would be a new point

2809

source subject to section 306 of the Act,if It were to discharge pollutants to thenavigable waters) shall be the samestandard as set forth in 40 CPR 128, ex-cept that, for the purpose of this sec-tion, 40 CPR 128.121, 128.122, 128-132,and 128.133 shal not apply. The follow-ing pretreatment standard establishesthe quantity or quality of pollutants orpollutant properties controlled by thissection which may be discharged to apublicly owned treatment works by anew point source subject to the provi-slons of this subpart.

Pollutant or pollutant Pretreatmentproperty standard,

pH ----------- No Ilmltaton.T885 DO.

Subpart M-Particleboard ManufacturingSubcategory

§ 429.130 Applicability; description ofthe particleboard manufacturingsubcategory.

The provisions of this subpart are ap-plicable to discharges resultingfrom themanufacture of particleboard.§ 429.131 Specialized definitions.


eral definitions, abbreviations and meth-ods of analysis set forth In 40 CFR 401shall apply to this subpart.

(b) The term "particleboard" meansboard products that are composed ofdistinct particles of wood or other ligno-cellulosic materials not reduced to fiberswhich are bonded to.ether with an or-ganlc or inorganic binder.

(c) The term "dry deck storage" shallmean logs stored on land where wateris not sprayed or deposited on the logsbythefacility operator.

d) Specifically excluded from theterm "process waste water" for this sub-part are material storage yard runoff(dry deck storage) and fire controlwater.

§ 429.132 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

In establishing the limitations setfdrth in this section, EPA took into ac-count all information it was able to col-lect develop and solicit with respect tofactors (such as age and size of plant,raw materials, manufacturing processes,products produced, treatment technol-ogy available, energy requirements andcosts) which can affect the industry sub-categorization and effluent levels estab-lished. It is, however, possible that datawhich would affect these limitations havenot been available and, as a resulttheselimitations should be adjusted for certainplants in this industry. An individual dis- -

charger or other interested person maysubmit evidence to the Regional Admin-istrator (or to the State, if the State hasthe authority to issue NPDES permits)that factors relating to the equipment orfacilities involved, the process applied, orother such factors related to such dis-charger are fundamentally different



from the factors considered in the estab-lishment of the guidelines. On the basisof such evidence or other available In-formation, the Regional Admnltrator(or the State) will make a written find-,Ing that such -factors are or are notfundamentally different for that facilitycompared to those specified in the De-velopment Document. If such fundamen-tally different factors are found to exist,the Regional Administrator or the Stateshall establish for the discharger effluentlimitations in the NPDES permit eithermore or less stringent than the limita-tions established herein, to the extentdictated by such fundamentally differentfactors. Such limitations must be ap-proved by the Administrator of the En-vironmental Protection Agency. The Ad-ministrator may approve or disapprovesuch limitations, specify other limita-tions, or initiate, proceedings to revisethese regulations.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovisions of this subpait after applica-tion of the best practicable control tech-nology currently available: There shallbe no discharge of process waste waterpollutants to navigable waters.§ 429.133 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties which may be dis-charged by a point source subject to theprovisions of this subpart. after applica-tion of the best available technology eco-nomically achievable: There shall be nodischarge of process waste water pol-lutants to navigable waters.§ 429.134 [Reserved]§ 429.135 Standards of performance for


ance establish the quantity or quality ofpollutants or pollutant properties whichmay be discharged by a new source sub-ject to the provisions of this subpart:There shall be no discharge of processwaste water pollutants to navigablewaters.§4 2 9.196 Pretreatment Standards for

new sources.The pretreatment standards under

section 307 (c) of the Act for a new sourceWithin the particleboard manufacturingsubcategory which is a user of a publiclyowned treatment works and a major con-tributing industry as defined in 40 CPR128 for existing sources (and -whichwould be a new point source subject tosection 305 of the Act, if it were to dis-charge pollutants to the navigablewaters) shall lie the same standard asset forth in 40 CPR 128, except that, forthe purpose of this section, 40 CFR§§ 128.121, 128.122, 128.132 and 128.133shall not apply. The following pretreat-ment standard establishes the quantityor quality of pollutants or pollutantproperties controlled by this section,

which may be dischargedowned treatment works bysource subject to the proysubpart.Pollutant or pollutant Pre

propertylpH --------------- No IBeD5 -Do.TSS ....------------- Do.

[PR Doc.75-1361 Filed 1-15-

Title4l-Public ContractsManagement

CHAPTER 1-FEDERAL PRREGULATIONS

[FPR Amendment1PROCUREMENT BY F

ADVERTISINGThis amendment of the

curement Regulations imgestions In the Comptrolreport "Use of Formal AcGovernment ProcuremeniShould, be Improved," B3-August 14,1973. The amendSubparts 1-1.3, General PcPublicizing Procurement AUse of Formal Advertisingtation of Bids, 1-2.4, OpenihAward of Contract, andPrice Supply Contracts, toIcreased, efficiency and econcof formal advertising.

PART 1-1-GENE-The table of contents fo

amended to addthefolowilSee.1-1.1002-1 Availability of pr

formation andSubpart 1-1.3-Genera

I. Section 1-1.307-1 ischange paragraph (b) as§ 1-1.307-1 Applicability.

(b) Purchase descrptcompetitive procurementspecify a product having fare peculiar to the productfacturer, producer, or distherebypreclude consideraluct of another company,been determined in writinthat those particular featutial to the Government'sand that similar productspaitle s lacking those featumeet the minimum requireitem: Purchase descriptionclude either minimum orstrictive dimensions, weigor other salient charactewould tend to eliminate cother products which are ooutside the restrictions, utstrictions are determinedwriting to be essential toment's requirements

2. Section 1-1.307-2 islows:§1-1.307-2 General requ

Except as otherwise§9 1-1.307-3 and 1-1.307-4scrIptions shall clearly

to a publicly describe the salient technical require-a new point ments or desired performance character-

Isions of this istics of the supplies or services to beprocured without Including restrictions

treatment which do not significantly affect thetandard technical requirements or performancenitation. characteristics and, whei appropriate,

shall describe the testing procedureswhich will be used In determining

.75;8:45 am] whether such requirements or' character-Istics are met. When necessry, preserva-

and Property tion, packaging, packing, and markingrequirements shall be included. Purchasedescriptions may Include references to

ODUREMENT formal Government specifications andstandards which are to 'form a portion

139] of the purchase description.

FORMAL § 1-1.307-3 Commercial, and State andlocal government specifications and

Federal P - standards.laments sug- Purchase descriptions may include orler Generars consist of references to specifications anddvertising for standards Issued, promulgated, or adopt-

Can, and ed by technical societies or associations,176418, dated or State and local governments, If thoseinentchanges specifications and standards (a) areolicles, 1-1.10, widely recognized and used In corn-Letions, 1-2.1, merclal practice, (b) conform to the re-1-2.2, Solicl- quirements of § 1-1.307-2, (a) are readilyg of Bids and available to suppliers of the supplies or1-7.1, Fixed- services to be procured, and (d) It hasrovide for in- been determined, In writing, by the user

umyin the use that any features peculiar to the prod-uct of one manufacturer, producer, ordistributor, or any restrictions are essen-

RAL tial to the Government's requirements.r Part 1-1 is 4. Section 1-1.307-4 is amended to

ng new entry: changeparagraph (a) as follows:§.1-1.307-4 Brand name products or

ocnrement in- equal.pubucations. (a) Purchase descriptions which refer

Ia Policies to one or more brand name products fol-amended to lowed by the words "or equal" may be

rollows: used only in accordance with this § 1-1.-307-4 and §§ 1-1.307-5 through 1-1.307-9. The term "brand name product"

• * means a commercial product describedon used in by brand name and make or model num-

shall not ber or other appropriate nomenclatureeatures which by whlch that product is offered for saleof one manu- to the public by the particular manu-

stributor, and facturer. producer, or distributor. Allion of a prod- known acceptable brand name productsunless It has should be listed In the solicitation. Wheng by the user a "brand name or equal" purchase do-res are essen- scription is used in connection with arequirements, primary Item, or a major component,of other com- prospective contractors must be given theres would not opportunity to offer products other thansnents for the those specifically referenced by brand

shall noti In- name if those other products will meetmaximum re- the needs of the Government In essen-ts, materials, tially the same manner as those refer-

eristics which enced. If modifications to standard prod-ompetition, bynly marginally ucts of prospective contractors to meetnless such re- the purchase description requirementsby the user in are anticipated, a minimum of 30 calen-

the Govern- dar days shall be allowed between Isstt-ance of the solicitation and opening of

• * bids or receipt of proposals, provided thatrevised as fol- periods of less than 30 calendar days

may be set in cases of urgency or when5remcnts. the contracting officer has reason to be-

provided in lieve that bidders can bid effectively onpurchase de- the basis of a shorter period.

nd accurately , , , ,



Subpart 1-2.10-Publicizing ProcurementActions

1. Section 1-1.1002-1 is added as fol-lows:§ 1-1.1002-1 Availability of procure-

ment-information and publications.Procuring activities shall make Infor-

mation available to potential suppliersconcerning formal advertising and nego-tiation procedures and shall encouragepotential suppliers to utilize the Com-merce Business Daily which is a valuablesource of information on proposed pro-curements.

.2. Section 1-1.1003-6 -is revised as fol-lows:§ 1-1.1003-6 Time of p.ublicizing.

To allow concerns which are not oncurrent bidders mailing lists time to re-quest and receive invitations for bids orrequests for proposals from the procur-ing activity in ample time to prepare bidsor proposals before the time set for bidopening or receipt of proposals, procur-ing activities shall publicize proposedprocurements 10 calendar days beforeissuance of the invitation for bids or re-quest for proposals. If this is not feasible,the synopsis shall be -forwarded to theCommerce Business Daily to arrive notlater than the date of issuance of theinvitation for bids or request for pro-posals.

3. Paragraph (a) of § 1-1.1003-7, is re-vised as follows:§1-1.1003-7 Preparation and trans-

mittal.

(a) Each procuring activity shall.transmit synopses of proposed procure-ments. Synopses shall be: ,

(1) Issued in a timely manner in ac-cordance with §§ 1-1.1003-2 and 1-1.-1003-6; •

(2) Forwarded daily via airmail unlessproximity of the procuring activity toChicago, Illinois, makes the use of sur-face mail more appropriate; and

(3) Addressed to:U.S. Department of Commerce,

Office of Field Operations, Commerce Busi-ness Daily Section, P.O. Box 5999, Chicago,IL 60680.

PART 1-2-PROCUREMENT BY- FORMAL ADVERTISINGThe table of contents for Part 1-2 is

amended to add the following new en-tries:see.

1-2.106

1-2.202-6

Procurement management re-views.

Final review of invitations forbids.

Subpart 1-2.1-Use of Formal AdvertisingSection 1-2.106 is added as follows:

§ 1-2.106 Procurement management re-views.

Each agency shall'maintain a procure-ment management review program forexamining on a continuing basis the ef-fectiveness and efficiency of Its formaladvertising procurement operations.Specific attention shall be given to solic.-

itation content and form, distributionof solicitations, bidders mailing lists, re-view and evaluation of bids received, re-sponse rates, personnel training, and anyother matters which affect meaningfulcompetition and the overall efficiencyand economy of formal advertising.

Subpart 1-2.2-Solicitation of Bids

1. Section 1-2.202-1, is ameuded by re-vising paragraph (c). As revised para-graph (c) reads as follows:§ 1-2.202-1 Bidding time.

(c) Minimum bidding time. As a gen-eral rule, bidding time shall be not lessthan 20 calendar days when procuringstandard commercial articles and serv-Ices and not less than 30 calendar dayswhen procuring other than standardcommercial articles or services. (Wherebrand name or equal purchase descrip-tions are used involving a modification

"of the brand name product, see § 1-1.-307-4 of this chapter.) This rule neednot be observed in special circumstancesor where the urgency of the need for thesupplies or services does not permit suchdelay. Procurement activities shall de-velop procedures for ensuring that thesebidding time requirements are observed.

2. Section 1-2.202-6 is added as fol-lows:§ 1-2.202-6 Final review of invitations

for bids.The contracting officer shall ensure

that each invitation for bids is thorough-ly reviewed prior to its issuance to detectand correct discrepancies or ambiguitieswhich could limit competition or resultin the receipt of nonresponsive bids.

3. Section 1-2.203-4 is revised as fol-lows:§ 1-2.203-4 Synopses of invitations for

bids.Synopses of invitatons for bids shall be

prepared and publicized in the Com-merce Business Daily in accordance with§ 1-1.1003. R1equests for invitations forbids received by the procuring activity asa result of publicizing shall be honoredto the extent that copies are available.The names of prospective bidders whoare furnished invitations for bids in re-sponse to their requests shall be addedto the bidders mailing list for the par-ticular procurement. However, when the'request is made by a person or an organi-zation known not to be a prospective bid-der, no entry shall be made on the bid-ders mailing list.

4. Section 1-2.204 is revised as fol-lows:§ 1-2.204 Records of invitations forbids

and records of bids.(a) Each agency shall retain a record

of every invitation for bids issued by itand of each abstract or record of bids.Agency purchasing offices shall reviewthis record at the time of each subse-quent Procurement action for the sameand, when appropriate, similar items, toensure that the Information available inthe file Is utilized In connection withthe new procurement.

2811

(b) The file of the Invitation for bidsshall show the distribution which wasmade and the date thereof. The namesand addresses of prospective bidders re-questing the Invitation for bids whowere not Included on the original solici-tation list shall be added and made apart of the record.

5. Paragraph (a) of § 1-2.205-i is re-vised as follows:§ 1-2.205-1 Establishment of lists.

(a) Bidders mailing lists shall be es-tablished by procuring activities to as-sure access to adequate sources of supplyand service and to obtain meaningfulcompetition except where the require-ments of the procuring activity can beobtained within the local trade areathrough ultiliation of simplified smallpurchase procedures. (See Subpart I-3.6.) Procuring activity bidders mailinglists may be established as (1) a centrallist for use by all purchasing officeswithin the procuring activity or (2) locallists maintained by each purchasingoffice.

6. Paragraph (a) of §1-2.205-2 isrevised as follows:§ 1-2.205-2 Removal of names from

bidders mailing lists.(a) The name of each concern failing

to either (1) submit a bid, (2) respondto a preinvitatlon notice (see § 1-2.205-4(c)), or (3) otherwise respond eitherformally or Informally shall be removedfrom the bidders mailing list without no-tice to the concern but only for the itemor items involved In that invitation ornotice. For any case where- this pro-cedure will ultimately result in verylimited bidders mailing lists, the con-tracting officer should request an expla-nation from the concerns that did notrespond to determine the reason for thefailure to respond before deciding to re-move the firms from the bidders mailinglist.

7. Section 1-2.205-3 is revised as fol-lows:§ 1-2.205-3 Reinstatement on bidders

mailing lists.Concerns which have been removed

from bidders mailing lists may be re-instated upon written request, by filinga new application on Standard Form 129,by the submision of a bona fide bid, orby requesting an invitation for bids(after publication in the CommerceBusiness Daily) In accordance with. § 1-2.203-4, above. No concern which is de-barred or suspended shall be reinstatedduring the period of debarment or whilesuspended.

Subpart 1-2.4--Opening (f Bids andAward of Contract

1. Section 1-2.407-1 is revised as fol-lows:§ 1-2.407-1 General.

(a) Unless all bids are rejectedawardshall be made by the contracting officerby written notice, within the time for ac-



ceptance specified in the bid or extensionthereof, to that responsible bidder whosebid, conforming to the invitation forbids, will be most advantageous to theGovernment, price and other factorsconsidered. (For discussion of other fac-tors to be considered, see § 1-2.407-5.)Award shall not be made until all re-quired approvals have been obtained.

, (b) If less than three bids have beenreceived, the contracting officer shallexamine, to the extent deemed appro-priate in accordance with agency pro-cedures, the reasons for the small num-ber of bids received. The purpose of thisexamination is to ascertain whether thesmall number of responses is attribut-able to an absence of any of the prerequi-sites of formal advertising. (For discus-sion of the prerequisites of formal ad-vertising, see § 1-2.101.) Award shall bemade; however, the record of the invita-tion for bids (see § 1-2.204) shall includea recommendation by the contractingofficer for corrective action which shouldbe taken to increase competition in fu-ture procurements of the skme or simi-lar items.

(c) Award shall be made by mailing orotherwise furnishing to the successfulbidder a properly executed award docu-ment or notice of award. When an ad-vance notice of award is issued, it shallbe followed as soon as possible by theformal award. When more than oneaward results from any single invitationfor bids, separate award documents shallbe executed, each suitably numbered.When an award is made to a bidder forless than all of the items which may beawarded to that bidder and additionalitems are being withheld for subsequent,award, the first award to that biddershall state that the Government maymake subsequent awards on those addi-tional items within the bidder'sbid ac--ceptance period. All provisions of the in-vitation for bids, including any accept-able additions or changes made by abidder In the bid, shall be clearly andaccurately set forth (either expressly orby reference) in the award document,since the award is an bcceptance of thebid, and the bid and the award consti-tute the contract.

- 2. Paragraph (a) of § 1-2.407-7 is re-vised as follows:§ 1-2.407-7 Statement and certificate of

award.(a) In connection with each contract

made by formal advertising, the con-tracting officer shall include in the con-tract ile evidence of compliance with§ 1-2.103. Where required by agencyprocedures, Standard Form 1036 (State-ment and Certificate of Award) may beused for this purpose. Where the prep-aration of Standard Form 1036 is notrequired, information of a similar natureshall be filed with the General Account-ing Office copy of the contract.

* * * *

PART 1-7-CONTRACT CLAUSESSubpart 1-7.1-Fixed-Price Supply

ContractsSection 1-7.102 is. revised as follows:

91-7.102 Required clauses.The clauses set forth in this § 1-7.102,

shall be attached, included in, or incor-porated by reference when appropriate inall fixed-price supply contracts. Whenincorporated by reference, the section.numbers and captions are to be listed;i.e. § 1-7.102-2 Changes, § 1-7.102-aExtras, etc. Standard forms containingthe clauses may be incorporated by refer-ence in lieu of listing. (See § 1-16.101 forincorporation of standard forms byreference.)(See. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))

- Effective date. This amendment iseffective February 24. 1975, but may beobserved earlier.

Dated: January 8, 1975.Anamu F. SsumsoN,

Administrator of General Service[FnDoc.75-488 Filed 1-15-75;8:45 am]

CHAPTER 14-DEPARTMENT OF THEINTERIOR

PART 14-1-GENERALPART 14-3-PROCUREMENT BY

NEGOTIATIONResponsibility and Authority;, Circum-

stances Permitting Negotiation--Correction'

in FR Doe. 74-29284 appearing at page43629 in the issue of Tuesday, Decem-ber 17. 1974, the following changes should.be made on page 43630:

1. In § 14-1.402:a.'In the seventh line of paragraphs

(a) and (c), the word "officers" shouldread "offices".

b. In the last line of paragraph (b),"(Part 14 of this chapter)" should read"(41 CFR 14)".

2. In theflfth line of . 14-A50-1(d),the word "Charges" should read"Changes"..

Title 43-Public Lands- Interior'CHAPTER If-BUREAU OF LAND MAN-'

AGEMENT, DEPARTMENT OF THE IN-TERIOR

SUBCHAPTER D-RANGE MANAGEMENT (4000)[Circular No. 2365]

PART 4110-GRAZING ADMINISTRATIONSubpart 4115-Records and

Administrative ProceduresESTABL1SB = OF (aZIsGFE

The purpose of the rule is to amendthe provisions of paragraph (k) of 43CFRA 4115.2-1 which relate tor feescharged for livestock grazing on the pub-lie lands and the distribution of recelpt.received therefrom.

43 CFR 4115.2-1(k) (1) (i) currentlyprovides for adjusting the grazing feeannually to attain fair market value ofthe forage consumed by the 1980 feeyear. Fair market value was establishedby the Western Livestock Grazing Sur-vey of 1966. This amendment changessubdivision (i) by deferring for 1 year(the' grazing use year beginning March1, 1976) the implementation of the an-riuaI Increment to the range forage feesto reach fair market value by 1980.

In the past, the fees have been ad-justed to maintain comparability be-ttveen public and private grazing charges.The adjustment establishes the rate ofincrease or decrease of the fees based onprivate land lease rates for similar typesof rangeland. Because of the bleak eco-nomic conditions within the segment ofthe livestock industry using the publiclands, grazing fees for the 1975 fee yearWill be maintained at the 1974 level.

Subdivision (iv) of 43 CFR 4115.2-1(k) (1) is changed to establish the rangeImprovement portion of the total grazingfee at a minimum of 50 percent, Thepercentage of the fee designated forrange improvements was established at40 percent for the 1974 fee year.

It is hereby determined that thisamendment is not a major Federalaction significantly affecting the qualityof the human environment and that no,detailed statement pursuant to section102(2) (C), of the National Environ-mental Policy Act of 1969 (42 U.S.C.4332(2) (C) is required.

It is the policy of the Department ofthe Interior to give notice of proposedrulemaking and to invite the public toparticipate in rulemaking except wheresuch participation would be impractical,unnecessary, or contrary to the publicinterest and a specific finding to thiseffect is published with the rules or reg-ulations (36 FR 8336, May 4, 1971), Pub-lie participation is impracticable in thiscase since grazing fee billings must bamade prior to the March 1, 1975, be-ginning of the grazing season.

The amendment s hereby adopted asset forth below and shall become effec-tive March 1, 1975.

Paragraph (k) (1) of § 4115.2-1 Chap-ter II, Title 43 Code of Federal Regula-tions is amended as follows:

1. Subdivision (ii) is revised to read asfollows:

2. Subdivision (iv) Is amended bydeleting the first sentence thereof andsubstituting the following: -§ 4115.2-I Liccnso and pernit proce-

dures, reqtirenments and conditions.

(k) * * * (1) * * *(il) Fees will be established by the

Secretary In. five annual increments, ef-fective with the fee year beginningMarch 1, 1976, to attain fair marketvalue of -range forage at the 1980 fee'year. Fair market value Is that valueestablished by the Western Livestock IGrazing Survey of 1966 or as determinedJ

IEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975


by a similar study which may be con-ducted periodically to update the feebase, if deemed necessary. Annual ad-justments will also be made for any of the1976-80 fee years and thereafter to re-flect current market value.

(iv) Range improvement fees shall beat least 50 percent of the total grazingfees charged or as otherwise provided bylaw.-Other special range imbrovementfees may vary in accordance with thecharacter or requirements of the variousdistricts or portions thereof. ** *

* * * a *I

JACK 0. HORTON,Assistant Secretary of the Interior.

JANURY 10, 1975.[FR Doc.75-1402 Filed 1-15-75;8:45 am]

Title45-:-Public Welfare ,CHAPTER I--OFFICE OF EDUCATION, DE-- PARTMENT OF HEALTH, EDUCATION,

AND WELFARE -PART 177-FEDERAL, STATE AND PRI.

VATE PROGRAMS OF LOW-INTERESTLOANS TO VOCATIONAL STUDENTSAND STUDENTS IN INSTITUTIONS OFHIGHER EDUCATION

Special AllowancesSubparagraph .(3) of § 177.4(c), Spe-

cial allowances, which deals with thepayment to lenders of the allowances au-thorized by section 2 of the "Emergen-cy Insured Student Loan 'Act of 1969"(Pub. L. '91-95) is amended to providefor the payment of such: an allowancefor the period October 1. 1974, throughDecember 31," 1974, inclusive.

- In lightof the directives in the Ener-gency Insured Student Loan Act of 1969.,with respect to the factorg that-the Sec-retary of Health, Education, and Welfareis to consider and the officials with whomhe is to consult in setting the rate ofthe special allowance, and- since a com-ment period would cause delay of atleast 30 days, following each -quarterly3-month period, befqre lenders could re-ceive thespecial allowaice for suchperiod, it has been determined pursu-ant to 5 U.S.C. 553 that the solicitationof comment as tothp rate of thespeclalallowance for any particular quarter isboth impracticable and contrary ,to thepublic interest.

Effective date. Pursuant to section431(d) of the General Education Pro-dsions 'Act, as amended (20 U.S.C.1232(d)) these regulations have beentransmitted' to the Congress concur-rently with the -publication of this doc-ument in the FDE ATL REdGsTEL Thatsection provides that Tegulations sub-ject thereto shall become effective onthe forty-fifth day following the dateof such transmission, subject to the pro-visions therein concerning Congressionalactin-and adjournment.

Section 177.4(c)(3) is amended asfollows:§ 177.4 -Payment of interest benefits,

administrative cost allowances and'special allowance.

(c) Special alowanes. . . *(3) Special allowances are authorized

to be paid as follows:

(xxil) For the period October 1, 1974,thro gh December 31, 1974, inclusive, aspecial allowance is authorized to bepaid in an amount equal to the rate ofthree percent per annum of the averageunpaid balance of disbursed principalof eligible loans.(Sec.2, 83 Stat. 141)

Dated: December 31, 1974.(Catalog of Federal Domestic Amstanco

No: 13,460, Guaranteed Student L7an, Pro-gram)

DuAE J. MATTImIS,"Acting US. Commissioner

of Education.Approved: January 13, 1975.

CASPAR W. WEIDEGEn.Secretary of Health,

Education, and Welfare.[FR Doc.75-1503 Fled 1-16-75:8:45 am]

Title 47-TelecommunlcationsCHAPTER I-FEDERAL

COMMUNICATIPNS COMMISSION[FCC 75-3]

PART 2-FREQUENCY ALLOCATIONS AtDRADIO TREATY MATTERS; GENERALRULES AND REGULATIONS

Table of FrequencyAllocationsIn the matter of amendment of Part 2

of the Commission's rules and regula-tions to delete footnote US06 from theTable of Frequency Allocations.

1. Footnote US96 to the Table of Fre-quency Allocations, Section 2.106 of theCommission's Rules and Regulations,specifies conditions under which certainfrequencies in the non-Governmentband, 1990-2110 MHz, may be used byGovernment earth stations in support ofthe Apollo Space Program, primarilyduring launchings. The footnote carrieda termination date of December 31, 1973.Since the termination date has passedand the Apollo Space Program has beencompleted, there is no longer any needfor the provisions of this footnote. Ac-cordingly, footnote US96 is being de-leted from the Table of Frequency Allo-cations. Because this amendment iseditorial, compliance with the priornotice and effective date provislons of 5U.S.C. 553 is unnecessary.

2. Accordingly, it is ordered, That,effective February 18, 1975, § 2.106 of theRules Is amended as set forth below.Authority for this action Is contained Insections 4(1) and 303 of the Communica-tions Act of 1934, as amended.(Sees. 4 303. 48 Stat, as amended, 1OCO,1082; 47 U.S.C. 154, S03.)

Adopted: Jpnuary 3, 1975.Released: January 9, 1975.

FEDERAL, COMUMXUoCATONSComIssIoN,

EsE3L VncENT J. MULIWs,Secretary.

2813

In Part 2 of Chapter I of Title 47 ofthe Code of Federal Regulations, § 2.106is amended as follows:

1. The Table of Fequency Allocationsis amended by deleting footnote desig-nator US96 in column 6 for the band1850-2200 mz and by deleting the textof footnote US96 from the list of foot-notes following the Table.

[FR Doc.75-1482 FIled 1-15-75;8:45 amI

[Do. Ho. 20004; F-CC 75-41PART 2-FREQUENCY ALLOCATIONS AND

RADIO TREATY MATTERS; GENERALRULES AND REGULATIONS

,PART 5--EXPERIMENTAL RADIO SERV-ICES (OTHER THAN BROADCAST)

Telemetering of Scientiffc DataIn the matter of amendment of Part

2 and Part 5 of the Commission's rulesand regulations to provide for the useof frequencies in the bands 40.66-40.70and 216-220 M z for the tracking of,and telemetering of scientific data from,ocean buoys and animal wildlife.

1. On April 16, 1974, the Commission,In response to a request from the Com-mittee on Radio Frequencies of the Na-tional Academy of Sciences (CORP) andother Government agencies, issued a no-tice of proposed rule making CNPRM)to amend Parts 2 and 5 of the Rules andRegulations for the purpose stated inthe above caption. The NPRM was pub-lished in the FEDERml Ra onApril 22, 1974 (39 FR 14225). Tilmelycomments were filed by the Forestry-Conservation Communications Associa-tion (FCCA), the Educational Broad-casting Corporation (EBC), the Acad-amy of Model Aeronautics, Inc. (AMAInc.) and the Department of NaturalResources, State of Indiana. Replycomments were fled by the EducationalBroadcasting Corporation.

2. In its comments, the FCA, rep-resenting various conservation agenciesInvolved in the preservation of forests,fish and game, supported the proposalto designate the two bands for wildlifetracking and telemetry. However, theFCCA questioned the requirement forequipment type acceptance because ofthe time required in applying for andre-celving type acceptance. The FCCA ex-pressed concern that many projectswould be jeopardized as a result of thisprovision.

S. The Educational Broadcasting Cor-poration, in its comments, opposed air-borne wildlife operations in the band216-216.050 M because of potential TVinterference. In an engineering state-ment attached to the comments, therewas concern that a transmitter operat-ins on 216.000 M"z -ould interfere withthe aural carrier of Channel 13, which is250 kHz away.

4. The Academy of Model Aeronautics.Inc., asked that the Commission "permitaircraft modelers licensed in the Class CCitizens Radio Service to use frequenciesIn the range 40.66-40.70 z and 216-220 liHz for radio control and telemeter-

FEDERAL REGISTER, VOL 40, NO. I1-THURSDAY, JANUARY 16, 1975


ng operations in the remote control ofmodel aircraft."

5. In its comments, the Indiana De-partment of Natural Resources, a 1i-censee in the Experimental Radio Serv-ice, opposed the subject rule makingstating that it appeared less practicalthan existing licensing procedures. Thislicensee presently operates in the 150MHz band with input power limited to.015 watts. Also included in the com-ments was a suggestion that if the pro-posal was adopted as set forth, an amor-tization period of 3 years be allowed forexisting equipment in other bands.

6. The Educational Broadcasting Cor-poration reiterated-in its reply commentsthe contention that interference wouldbe caused to TV Channel 13 by airbornewildlife telemetering operations. The Ed-ucational Broadcasting Corporation fur-ther suggested that if type acceptanbewas not required, as suggested by theForestry Conservation CommunicationsAssociation, the Commission shouldamend its original Notice to confine wild-life tracking operations to the 217-220MHz portion of the band. In addition,EBC opposed the request by the Academyof Model Aeronautics, Inc. to use the216-216.050 MHz band by radio con-trolled aircraft modelers because of po-tential interference to Channel 13.

7. The requirement for equipment typeacceptance is necessary to-provide ade-quate protection to those operationswhich have primary use of the bands.The comments by the FCCA which ar-gued that type acceptance would severelyhinder projects which must adhere to aspecific time table are well taken. How-ever, as more equipment is developed forthese two bands, the probability of equip-ment not being available for a specificscientific experiment would be reduced.Also, type acceptance is necessary tominimize the possibility of interferenceto adjacent band operations such as TVChannel 13.

8. In reaction to -the comments by theEducational Broadcasting Corporation,the Commission made an inquiry intothe requirements for use of the proposedband 216-216.050 MHz with respect toairborne wildlife telemetry. Based on in-formation provided by the Fish andWildlife Service of the Department ofInterior, airborne telemetry contributesapproximately 10-20 percent of the totalwildlife telemetry requirement. The 200MHz band is ideal for this purpose be-cause it allows the use of smaller anten-nas than would be possible in the lowerbands. Therefore, our proposal to pro-vide for the use of the 216 MHz band forairborne wildlife telemetry appears to bejustified from a requirement view point.However, to minimize potential inter-ference to TV Channel 13, a maximumoutput power of one milliwatt (mw) willbe authorized for airborne telemetry ap-plications in lieu of the 10 mw proposed.We understand from the Fish and Wild-life Service that 1 nmw is presently beingused satisfactorily in existing wildlife

telemetering systems. The Fish andWildlife Service also pointed out that theproposed 50 kHz of spectrum would onlyallow 8 to 10 usable channels for simul-taneous transmission in any one area,which is about half the expected require-ment. To meet this total requirement, the100 kHz band 216.000-216.100 MHz, isbeing made available for airborne use.

9. In addressing potential interferenceby airborne wildlife to TV Channel 13,the Commission is of the opinion thatthis is not -a significant problem for anumber of reasons. First, the power ofthe telemetering transmitter is beingreduced from 10 milliwatts to one milli-watt, as previously stated. Second, theantennas used in bird telemetering ap-plications are necessarily inefficientradiators because of length and weightrestrictions. In addition, a bird in flightwould be in proximity to a TV antennafor only a short period of time. Farther,due to the size restrictions for an air-borne transmitter, the battery life is amaximum of three months. Taking theabove factors into acc6unt, the chanceof adjacent channel interference to TVChannel 13 is very small, and any inter-ference which would be detected would beof short duration and. akin to usual at-mospheric interference sources, e.g. air-planes, ignition noise, lightning, etc. Air-,borne telemetering operations will notbe permitted in the upper portion of theband (216.100-220 MHz) because of po-tential cochannel interference to Gov-ernment stations.

10. The technical standards which willbe applicable to these types of scientificdevices are set forth in a new sectionwhich will be added to Subpart C of Part5 of the rules. This new section will con-tain the type acceptance standards with

-regard to allowable frequencies, emissionlimitations, power restrictions and otherequipment specifications. The text of this.new section and the necessary changesto'the Table of Frequency Allocations inPart 2 are reflected in the appendixhereto.

11. The Notice specifically invited com-ments relating to the proposed use of thebands 40.66-40.70 and 216-220 MHz forscientific research in the fields of ocean-ography and wildlife biology. The com-ments filed by AMA, Inc. proposing theuse of these bands for model airplanes,are outside the scope of this proceeding.

12. Although this rulemaking does notpreclude biological and oceanographicexperiments in other bands, under Part5 of the rules, as implied in the commentsfiled by the Indiana Department of Re-sources, the ready availability of equip-ment and the established coordinationprocedures will encourage many futurescientific projects of this nature intothese two bands. The Commission Is notspecifying any time frame in which tomove these types of operations becausethat is not the intent of this rule making.The Commission believes that a shift tothese two bands will be voluntary on thepart of the scientific community becauseof the benefits stated above.

13. The designating of these speciflobands for such use by the scientific com-munity will assist them In their planningefforts and serve as a guide for the fu-ture design and development of biologi-cal behavior and oceanographic experi-ments.

14. In view of the foregoing, the Com-mission finds that adoption of a ruleamefidment permitting the use of thefrequencies in the bands 40.66-40.70 and216-220 MHz for the tracking of, andtelemetry of scientific data from, oceanbuoys and animal wildlife will be in thepublic interest. The conditions and limi-tations on the use of such systems areset forth in the Appendix.

15. Accordingly, Pursuant to authoritycontained in section 4(1) and 303 of theCommunications Act of 1934, as amend-ed, It is ordered, That effective Febru-ary 18, 1975, Parts 2 and 5 of the Com-mission's rules are amended, as shownbelow.

16. Ift is further ordered, That pro-ceedings In Docket 20004 are herebyterminated.(Secs. 4, 303, 48 Stat., as amended, 1060, 10831.47 U.S.C. 154, 303.)

FEDERAL COMMUNICATIONSCOTsMTSSION,

Vn~CENT J. MULLINS,Secretary,

Chapter I of Title 47 of the Code ofFederal Regulations Is amended as fol-lows:

I. Part 2 of the rules is amended asfollows:

1. Section 2.106 Is amended by addinga new footnote designator, US 210, tothe Table of Frequency Allocationsand by adding the text of a new foot-note, US 210, in proper numerical se-quence to the list of footnotes followingthe Table as follows:§ 2.106 Table of Frequency Allocations,

UNm= SrATsBand (MHz)

5

40-42(236)

262216-220

Allocation0

(US 94)(Us 21o)

No(US 114)(US210)

* * .* *

US 210. Use of frequencies in the bands40.66-40.70 and 216-220 Mlz may be au-thorized to Government and non-Govern-ment stations on a secondary basis for t~otracking of, and telemetering of selontiflodata from, ocean buoys and wildlife. Air-borne wildlife 'telemetery In the 210-220MHz band will be limited to the 210.000-216.100 XM portion of tha band. Operationin these two bands is subject to the technicalstandards specified in 1 5.108,

II. Part 5 of the rules Is amended asfollows:

1. New sections, § 5.108 and § 5.100, areadded to Part 5 which read as follows:

FEDERAL REGISTER, VOL 40, NO. I I-THURSDAY, JANUARY 16, 1975

2814


§5.108 -Wildlife tracking and oceanbuoy trackinig operations.

Except as provided in §§ 5.101 through5.107, the use of the frequencies in thebands 40.66-40.70 z and 216-220for the- tracking of and telemetry ofscientific data from, ocean buoys and ani-mal wildlife, are subject to the followingconditions:

(a) All transmitters used at stationsfirst licensed after (effective date of therules) shall comply with the technicalrequirements in paragraph (b) of thissection and shall be type accepted as pro-vided in § 5.109.

(b) Technical requirements for trans-mitters used for these operations-are.asfollows:

(1) In the 40.66-40.70 frz frequencyband, the bandwidth required fot fre-quency tolerance plus the occupied band-width? of any emissions must be adjustedso as to be confined within this band, ex-cept as permitted by subparagraph (6)of this paragraph.

-(2) In the 216-220 f frequencyband, the carrier frequency shall bemaintained within 0.005 percent of theassigned frequency.

(3) Classes of emission will be limitedto AO, Al, A2, Fl, F2 and/or F9.

(4) Occupied bandwidth shall not ex-ceed 1 kHz.

(5) The maximum carrier power shalln at exceed 1 milliwatt for airborne wild-life applIcationsi 10 millwatts for ter."estrial wildlife applications and 100mifliwatts for ocean buoys.• (6) The mean power of emissions shall

be attenuated below the mean outputpower of the transmitter in accordancewith the schedule shown in - 5.103(b)of this subpart.§ .109 Acceptability of transmiters for

licensing.All transmitters used at stations

licensed for wildlife and -ocean buoytracking and telemeterIng operationspursuant to- § 5.108 which are marketedafter (one.year after effective date of therules) shall be type accepted pursuant toSubpart J of Part 2 of this Chapter.

2. Section 5.203 is amended by addinga footnote as follows:§ 5.203 Frequencies for Experimental

Service (Research).

Stations operating In th ExperimentalService (Research) may be authorized to-use any Government or nbn-Governmentfrequency designated In the Table ofFxequency Allocations set forth In Part 2of this chapter as available for assign-ment of this service. Provided, That themeed- for the specific frequency or fre-

quencles requested Is fully justified bythe applicant,'

IFR Doc.l75-1483 Filed 1-15-75;8:45 am]

Title 50-Widlife and Fisheries

.CHAPTER 1-U.S. FISH AND WILDLIFESERVICE, DEPARTMENT OF THE IN-TERIOR

PART 33-SPORT FISHINGBear River Migratory Bird Refuge, Utah

The following special regulation IsIssued and is effective on January 16,1975.§33.5 Special rcgulntions; sport fish-

ing; for individual wildlife refugeareas.

'UTAH

33EAR RVER MHGRATORY =3 MXFUG

Sport fishing on the Bear River Migra-tory Bird Refuge, Utah, s permitted onlyon the areas designated by-signs as opento fishing. These open areas, comprising10 acres, are delineated on maps avail-able at refuge headquarters, BrighamCity, Utah, and from the Regional-Di-rector, Post Office Box 25486, DenverFederal Center, Denver, Colorado 80225.Sport fishing extends from January 1through December 31, 1975, inclusive. Inaccordance with all applicable Stateregulations subject to the following spe-cial conditions:

(1) The use of boats Is prohibitedbelow the river control gates at refugeheadquarters. -

(2) Flshermen are required to regis-ter at the refuge office upon entering therefuge.

The provisions of this special regula-tion supplement the regulations whichgovern fishing on wildlife refuge areasgenerally which are set forth in Title 50,Code of Federal Regulations, Part 33,and are effective through December 31,197/5.

ROBERT C. Funrow,Acting Refuge Manager, Bear

River Migratory Bird Refuge,Brigham City, Utah.

JsxuAny 6, 1975.[PR Doc.75-1506 Filed 1-15-75;8:45 am]

N2 otwithstanding the broad frequency pro-vision for this Service, applleants desingauthorization for the purpose of wildlife orocean buoy telemetering and/or trackingshould, to the extent practicable, uso fre-quencies in the bands 40.69-40.70 Ulfz or21G-220 Z.Hz, in accordance with footnoteUS 210 to the Table of PrequencyAllcatlons,3210 or this Chapter. Transmitter to be'ued in theto bands for this purpose shallcomply with the requirements cet forth insection 5108 of this Part

EEDERAL REGISTER, VOL 40, NO. 11-.THURSDAY, JANUARY 16. 1975

2815

DEPARTMENT OF DEFENSEDepartment of the Army

[ 33 CFR Part 209 ]PUBLIC HEARINGS

Proposed Policy, Practice, and ProcedureNotice is hereby given that the reg-

ulation set forth in tentative form belowis being proposed by the Secretary ofthe Army (acting through the Chief ofEngineers) to prescribe the policies andprocedures to be followed by all Districtand Division offices in the conduct ofpublic hearings. This regulation is appli-cable to Corps of Engineers permit ac-tions under section 10 of the River andHarbor Act of 1899 (33 U.S.C. 403), sec-tion 404 of the Federal Water PollutionControl Act (33 U.S.C. 1344) and section103 of the Marine Protection, Researchand Sanctuaries Act of 1972 (33 U.S.C.1413), (See 33 CFR 209.120) as well asCorps of Engineers projects involving thedisposal of dredged material which fallunder the latter two authorities (See 33CFR 209.145).

Prior to adoption of this regulation,consideration will be given to any ob-jections to, this proposed regulationwhich are submitted to the Office of theChief of Engineers, Forrestal Building,Washington, D.C. 20314, Attention:DAEN-CWO-N, on or before Febru-ary 18, 1975. This proposed regulationwill serve as interim guidance to allCorps Division and District offices intheir conduct of public hearings until afinal regulation is promulgated by theSecretary of the Army (acting throughthe Chief of Engineers).

Dated: January 10, 1975.KENNETH E. McIuRya,

Brigadier General, USA,Acting Director o1 Civil Works.

Section 209.133 is added to read as fol-lows:§ 209.133 Public hearings.

(a) Purpose. This regulation pre-scribes the policy, practice and proce-dures to be followed by the U.S. ArmyCorps of Engineers in the conduct ofpublic hearings conducted in the evalu-ation of a proposed Department of theArmy permit action or Federal Projectas defined in subparagraph (d) belowincluding those held pursuant to section404 of the FWPCA (33 U.S.C. 1344) andsection 103 of the MPRSA (33 U.S.C.1413).

(b) Applicability. This regulation isapplicable to all Divisions and Districtsresponsible for the conduct of publichearings.

(c) References. (1) Section 10 of theRivers and Harbors Act of 1899 (33U.S.C. 403).

(2) Section 404 of the Federal WaterPollution Control Act (33 U.S.C. 1344)(hereafter referred to as FWPCA).

(3) Section 103 of the Marine Pro-tection, Research and Sanctuaries Actof 1972 (33 U.S.C. 1413) (hereafter re-ferred to as MPRSA).

(4) 33 CFR 209.120, Permits for Workin Navigablb or Ocean Waters.

(5) 33 CFR 209.145, Federal ProjectsInvolving the Disposal of Dredged Ma-terial in Navigable and Ocean Waters.

(d) Deftnitions. (1) Public haring,means a public proceeding conducted forthe purpose of acquiring information orevidence which may be considered inevaluating a proposed Department of theArmy permit action, or Federal Project,and which affords to affected persons theopportunity to present their views, opin-ions and -information on such permitactions or Federal Projects. Federal Proj-ect is further defined in paragraph (d)(4) of this section.

(2) Permit action, as used herein,means the review of an application fora permit pursuant to section 10 of theRivers-ind Harbors Act of 1899 (33 U.S.C.403),, section 404 of the FWPCA, (33U.S.C. 1344), and section 103 of theMPRSA of 1972 (33 U.S.C. 1413), or themodification or revocation of any De-partment of .the Army permit. (See 33CFR 209.120)

(3) Affected person means (i) anyagency or Department of the FederalGovernment, or a State or local govern-ment, or (ii) any other person or personswhich have an interest that may be af-fected by a Department of Army permitaction or Federal Project; (iII) the ap-plicant(s) for or permittee under a De-partment of the Army permit, or (iv)in cases under the MPRSA, any personentitled to bring a citizen's suit, pursuantto 33 U.S.C. 1415.

(4) Federal Project means a Corps ofEngineers project (work or activity ofany nature for any purpose which is tobe performed by the Chief of Engineerspursuant to Congressional authoriza-tions) involving the discharge of dredgedor fill material into navigable waters orthe transportation of dredged materialfor the purpose of dumping it in oceanwaters subject to section 404 of theFWPCA (33 U.S.C. 1344), or section 103of the MPRSA. (33 U.S.C. 1413); and 33CFR 209.145.

(e) General Policy. (1) A public hear-ing will be held in connection with theconsideration of a Department of theArmy permit action under Section 404

of the FWPCA or section 103 of theMPRSAor a Federal Project, or when itis proposed to modify or revoke a permit,whenever a hearing is requested by anaffected person, or when the District En-gineer in his discretion determines thata public hearing will assist him in mak-ing a decision on such permit action orFederal Project. Unless the public noticespecifies that a public hearing will beheld, any affected person may request, inwriting, within 30 days of the Issuance ofa public notice on a Department of theArmy permit action under section 404 ofthe FWPCA or section 103 of the MPRSA,or on a Federal Project, or within 10 daysof r~ceipt of notice that a Departmentof the Army permit is proposed to bemodified or revoked, in whole or in part,that a public hearing be held to considerthe material matters in issue in the per-mit action or federal project. Upon re-ceipt of any such request, stating withparticularity any material objections tosuch permit action or federal project andcontaining sufficient information to en-able the District Engineer to identify theeffect of the proposed action on the per-son so requesting, the District Engineershall promptly set a time and place forthe public hearing, and give due noticethereof, as prescribed In paragraph (1)of this regulation. Requests for a publichearing under this paragraph shall begranted, unless the District Engineermakes a written determination that theperson requesting the hearing is not anaffected person within the meaning ofthis regulation, or that the objectionsraised to such permit action or federalproject are insubstantial (see paragraph(d) (3), of this section).

(2) In cases involving the Issuance ordenial of a hermit arising only undersection 10 of the River and Harbor Actof 1899 (33 U.S.C. 403), public hearingswill be held upon written request whenever the District Engineer determinesthat there is sufficient public interest towarrant such action. Among the In-stances warranting public hearings aregeneral public opposition to a proposedwork, or requests from CongressionalInterests or responsible local authorities,or controversial cases involving signifi-cant environmental issues.

(3) In case of doubt, a public hearingshall be held. Prior to officially denyingany request for a public hearing, HQDA(DAEN-GCK) and (DAEN-CWO) shallbe informed of the proposed denial in-cluding the facts involved at least 24hours before the effective date of suchaction.

f) Presiding Officer. (1) The DistrictEngineer, in whose District a matter

FEDERAL RE(ISTER, VOL 40., NO."1 -THURSDAY, JANUARY 16, 1975

- PROPOSED RULES

arises, shall normally serve as the Pre-siding Officer. When the District Engi-neer is unable to serve he may designatethe Deputy District Engineer as suchPresiding Officer. In any case, he mayrequest the Division Engineer to desig-nate another Presiding Officer. In casesof unusual interest, the Chief of Engi-neers reserves the power to appoint suchperson-as he deems appropriate to serveas the Presiding Officer..

(2) Hearing file:-The Presiding Officerin each case shall establish a hearingfile. The hearing file shall include a copyof any permit application or permits andsupportng-data; any public notices is-sued in the case; the request or requestsfor the hearing and any data or materialsubmitted in justification thereof; andsuch other material, in the discretion ofthe Presiding Officer, as may be relevantor pertinent to the subject matter of thehearing. The hearing file shall be avail-able for public inspection subject to anyreasbnable time limitation.

(g) Legal Adviser. n each public hear-ing, the District Counsel or his designeeshall serve as legal adviser to the Presid-ing Officer in ruling upon legal mattersand issues tliatnmay arise.

- (h) Representation. At the public-hearing, any person may appear on hisown behalf, and may be represented bycounsel, or, in the discretion of the Pre-siding Officer, by other representatives.

(i) Conduct of Hearings. (1) Hearingsshall be conducted by the Presiding Offi-cer in an orderly but expeditious man-ner. Any person shall be permitted tosubmit oral or written statements con-cerning the subject matter of the hear-ing, to call witnesses who may presentoral statements, and to present recom-mendations as to an appropriate decl--sion. Any person may present writtenstatements for the hearing record priorto the time the hearing record is closed.

(2) The Presiding Officer shall havediscretion to establish reasonable limitsupon the time allowed for statements ofwitnesses, and for arguments of parties,or their counsel -or representatives.

(3) Cross-examination of 'witnessesshall not be permitted.

(4) All public hearings shall be re-pofted verbatim. Copies of the tran-scripts-of proceedings may be purchasedby any person from the Corps of Engi-neers -or the reporter of such hearing.A copy will be available for public in-spection at the office of the appropriateDistrict Engineer.

(5) All written statements, charts,tabulations, and similar data offered inevidence at the hearing shall, subject toexcl sion by the Presiding Officer forreasons of redundancy, bereceived inevidence- and shall constitute a part ofthe hearing record.

(6) At any hearing, the PresidingOfficer shall make an opening statement,outlining the purpose of the hearing andprescribing the general procedures to befollowed. The Presiding Officer shallafford participants an opportunity forrebuttal and argument.

(7) The Presiding Officer shall allowa period of 10 days after the close of the

public hearing for submission of writ-ten comments. After such time has ex-pired, unless such period Is extended bythe Presiding Officer or the Chief of En-gineers for good cause, the hearing rec-ord shall be closed.

(8) In appropriate cases, the DistrictEngineer may participate In joint pub-lic hearings with other federal or stateagencies, provided the procedures ofthose hearings meet the requirementsof this regulation.

(9) The procedures in paragraphs(4) (6) (7) of this section may be waivedby the Presiding Officer in -appropriatecases.

(j) Filing of Transcript of the PublicHearing. "Where the Presiding Officer isthe initial action authority, the tran-script of the public hearing, togetherwith all evidence introduced at the pub-lie bearing shall be made a part of theadministrative record of the permit ac-tion or federal project. 'The initial ac-tion authority shall fully consider.thematters discussed at the public hearingin arriving at his Initial decision orrecommendation. Where a person otherthan the initial action authority servesas Presiding Officer, such person shallforward the transcript of the public hear-ing and all evidence received in connec-tion therewith to the initial action au-thority together with a report summar-izing the issues covered at the hearing.The report of the Presiding Officer andthe transcript of the public hearing andevidence submitted there shall In suchcases be fully considered by the initialaction authority in making his decisionor recommendation to higher authorityas to such permit action or federal proj-ect.

(k) Powers of the presiding officer.Prbsiding Officers shall have the-follow-ing powers:

(1) To regulate the course of hearing'including the order of all sessions andthescheduling thereof, after any initial ses-sion, and the recessing, reconvening, andadjournment thereof;

(2) To take any other action neces-sary or appropriate to the discharge ofthe duties vested in them, consistentwith the statutory or other authorityunder which the Chief of Engineers func-tions, and with the policies and direc-tives of the Chief of Engineers and theSecretary of the Army.

(1) Public notice. Public notice shallbe given of any public hearing to beheld pursuant to this regulation. Suchnotice shall provide for a period of notless than 30 days following the date ofpublic notice during which time inter-ested parties may prepare themselves forthe hearing, except that, in cases of pub-lic necessity, a shorter time may be al-lowed. Notice shall also be given to allfederal agencies affected by the proposedaction, and to state and local agencieshaving an interest in the subject matterof the hearing. Notice shall be sent to allpersons requesting a hearing and shallbe posted in appropriate governmentbulldi gi and published in newspapersof general circulation. One copy of eachpublic notice under this paragraph shall

2817

be sent to HQDA (DAEN-CWCO-N andDAEN-GCE).

(m) Applicability of other Regula-tions. (1) The provisions of 33 CFR 209.-405 Insofar as they apply to permit ac-tions are rescinded on the effective dateof this regulation.

(2) Paragraph (k) of 33 CPR 209.120Is rescinded on the effective date of thisregulation.

(3) All references to public meetingsIn 33 CFR 209.145 are rescinded.

tFR Dcc.75-1391 Fled 1-15-75;8:45 ara]

DEPARTMENT OF JUSTICEImmigration and Naturalization Service

[8CFR Part 1031FEES AND REQUESTS FOR RECORDS

UNDER THE FREEDOM OF INFORMA-TION ACT

Proposed Rule MakingPursuant to the provisions of 5 U.S.C.

553 (80 Stat. 383) and 5 U.S.C. 552(a) (4)as amended by Pub. L. 93-502 (88 Stat.1561), notice Is hereby given of the pro-posed amendment of 8 CFR 103 pertain-ing to fees and requests for record searchand duplication under the Freedom ofInformation Act, as amended (88 Stat1561).

Under the Act of November 21, 1974(Pub.L. 93-502; 88 Stat. 1561) amending5 UZ.C. 552, the Freedom of InformationAct, agencies are required to conform tonew statutory standards, particularvwith respect to fees and time limits.

The Immigration and NaturalizationService hereby proposes to revoke itsseparate schedule of fees relating toproduction of records and to chargeuchfees only in accordance with the Depart-ment of Justice regulation, 28 CFR 16.9.However, the Service proposes to con-tinue to charge fees, in accordance withthe user fee statute, 31 U.S.C. 483a, forservices which heretofore have beengrouped with Freedom of InformationAct services for the convenience of thepublic but which are not performed pur-suant to that Act. Such services includecertifications, attestations, and verifica-tions for particular purposes.

The Service will continue to haveFreedom of Information Act regulationsseparate from but coordinated with thoseof the Department of Justice, concerningmatters other than fees and appeals. Re-garding time limlts, the Service pres-ently is engaged in a study to developImproved means to shorten the time Itwill take to determine a request for arecord, and It is anticipated that a pro-posal to amend the regulations, based onthis study, will be published shortly. Thepresent proposed rule is intended pri-marly to bring the regulations into tech-nical conformity with the Act of Novem-ber 21, 1974 within the statutory timelimit.

In accordance with the provisions of 5U.S.C. 553 (80 Stat. 383), interested per-sons may submit to the Commissioner ofImmigration and Naturalization, Room7100-C, 425 Eye Street NW, Washington,D.C. 20536, written data, views, or argu-ments, In duplicate, with respect to the


281- PROPOSED RULES

proposed rule. Such representations maynot be presented orally in any manner.All relevant material received -by Febru-ary 12, 1975, will be considered.

In the light of the foregoing and pur-suant to the authority contained In sec-tion 103 of the Immigration and-Nation-ality Act (66 Stat. 173; 8 US.C. 1103),28 CFP 0.105 (b) and 8 OFE 2.1, it is pro-posed to amend §§ 103.7 and 103.10 ofPart 103, Chapter I, Title 8 of the Codeof Federal Regulations, as set forthbelow:PART 103-POWERS AND DUTIES OF

SERVICE OFFICERS; AVAILABILITY OFSERVICE RECORDS

§ 103.7 [Amended]1. In § 103.7, amend subparagraph (b)

(1) by adding at the end thereof thefollbwing:For fling application on Form 1-550

for verification of lawful permanentresidence of an alien.--------- - $3.00

For certification of true copies, each_. 1.00For attestation under sel --------- 3.00

2. In § 103.7, amend subparagraph (b)(2) by deleting in its entirety the exist-ing material and by substituting in lieuthereof the following:

(2) Fees for production or disclosureof records under 5 U.S.C. 552 shall becharged in accordance with the regula-tions of the Department of Justice, 28CFR 16.9.

3. In § 103.7, add a new paragraph(d)-by transfer without change of ex-isting content of § 103.10(b) (4), whichis being revoked-to read as follows:

(d) Authority to certify records.Whenever authorized under 5 U.S.C. 552or any other law to furnish informationfrom records to persons entitled thereto,the following officials have authority tomake certifications, as follows:

(1) The Associate Commissioner, Man-agement-copies of files, documents, andrecords in the custody of the CentralOffice.

(2) A regional commissioner or dis-trict director-copies of files, documents,and records in the custody of his office.

(3) The Chief, Records Administra-tion and Information Branch, CentralOffice--the nonexistence of an officialrecord in the rec6rds of the Service.

4. Amend the heading of § 103.10 toread as follows:§ 103.10 Requests for records under the

Freedom of Information Act.5. In § 103.10, amend subparagraph

(a) (2)-by revising the second and thirdsentences and by deleting the fourthand fifth sentences thereof-to read asfollows:

(2) Manner of requesting records.Requests for records may be made inperson or by mall. Each request madeunder this section pertaining to theavailability of a record shall include orconsist of Form N-585 and shall describethe record with sufficient specificity

-with respect to names, dates, subjectmatter, and location to permit it to beidentified and located. A request for allrecords falling within a reasonably spe-

cific category shall be regarded as con-forming to the statutory requirementthat records be reasonably described Ifit can reasonably be determined whichparticular records come within the re-quest, and the records can be searchedfor, collected, and produced.

6. In § 103.10, revoke subparagraph(b) (4) in its entirety.

7. In § 103.10, revise paragraph (c) toread as follows:

(c) Prompt response. Ordinarily a re-quest shall be decided within 10 workingdays, following receipt, or sooner if prac-ticable. The time limit may be extendedby written notice, stating the reason forthe extension and the date (adding notmore than 10 working days) on which adetermination is expected to be dis-patched. As used in the statute and inthis subsection "unusual circumstances"means, but only to the extent reasonablynecessary to .the proper processing of theparticular request-

(1) The need to search for and collectthe requested records from field facilitiesor other establishments that are sepa-rate from the office processing the re-quest;

(2) the need to search for, collect, andappropriately examine a . voluminousamount of separate and distinct recordswhich are demanded in a single request;or

(3) the need for consultation, whichshall be conducted with all practicablespeed, with another agency having asubstantial interest in the determina-tion of the request or among two or morecomponents of the agency having sub-stantial subject-matter interest therein.In a situation wherein the deadlinesstated above can not be met, a writtennotice shall be sent to the requester ex-plaining the reason for the delay andthe date on which a determination isexpected to be dispatched, and askingfor the requester's forbearance. Such no-tice shall include advice to the requesterthat he can elect to ask a court to deemthathe has exhausted his administrativeremedies and to issue an order in hisfavor.

8. In § 103.10, amend paragraph (d)by deleting the word "additional" fromthe first sentence thereof and by addingthe words "or n the District of Colum-bia" at the end of the second sentencethereof to read as follows:

(d) Disposition of requests. When arequested record is available, appropriatenotification, including notice of any ap-plicable fees, shall be furnished the re-quester. A reply denying a request shallbe in writing signed by the Conmissionerand shall include: (1) A reference to thespecific exemption under the Freedomof Information At authorizing the with-holding of the record, and such furtherexplanation, if any, as is deemed appro-priate; and (2) a statement that thedenial may be appealed within 30 days tothe Attorney General as prescribed by28 CFR 16.7, and that judicial reviewwill be thereafter available either in thedistrict in which the requester residesor has a principal place of business or

in which the agency records are situatedor in the District of Columbia.(Sec. 103, 6G Stat. 173; 8 U.S.C. 1103)

Dated: January 13, 1975,L. F. CApmAmr, Jr.,

Commissioner ofImmigration and Naturalization.

[PP. Doc.75-1458 Filed 1-15-75;8:45 am]

DEPARTMENT OF THE INTERIORBureau of Land Management

E 43 CFR Part 2920 ]SPECIAL LAND USE PERMITS

General Principles and ProceduresMany legitimate uses of the public

land are authorized by special land usepermits issued in accordance with there~gulations at 43 CFR 2920. These regu-lations now require that for each permita $10 service charge and a minimum of$10 in rental be paid. The approvedforms and procedures currently used forspecial land use permits do not lendthemselves to authorizing very tem-porary uses of modest impact.

One purpose of this proposed amend-ment is to provide for a short form ap-plication and permit to facilitate a moreefficient process for very temporary usesof modest impact. A second purpose Isto revise the service charge and rentalrequired for authorizing such uses. Thethird effect is to modify in certain In-stances the period of time authorized.The maximum time which may be au-thorized by the short form permit is 90days. The proposed amendment also clar-ifies the authority of the authorized offi-cer to terminate special land use permitsat his discretion in accordance with re-cent court decisions.

There are no changes proposed forservice charges, rentals, procedures, orduration authorized for the more com-plex, longer term uses. The special landuse permit now In use will continue to beused for these more complex uses.

It is, therefore, proposed that the spe-cial land use permit regulations beamended to provide for a short formspecial land use permit for which noservice charges or rentals will be re-quired, and which may be issued for upto 90 days were the proposed use of thepublic lands does not Involve/ construc-tion or the erection of Improvements orstructures, and in the opinion of the au-thorized officer will not alter the char-acter of the land or Its resources.

It is hereby determined that the pub-lication of this proposed rulemaking isnot a major Federal action significantlyaffecting the quality of the human en-vironment and that no detailed state-ment pursuant to section 102(2) (C) ofthe National Environmental Policy Act of1969 (42 U.S.C. 4332 (2) (C)) Is required.

In accordance with the Department'spolicy on public participation in rule-making (36 PR 8336) interested partiesmay submit written comments sugges-tions, or objections with respect to theproposed rules to the Director (210), Bu-


2818

PROPOSED RULES

reau of Land Management, Wwahington,D.C. 20240 until February 21, 1975.

Copies of comments, suggestions, orobjections made pursuant to this noticewill be available for public inspection Inthe Division of Legislation and Regula-tory Management, Room 5555, InteriorBuilding, Washington, D.C., during regu-lar business hours (7:15 a~m.-4:15 pam.).

Subpart 2920 of Chapter II is amendedas follows:

1. Section 2920.2 is revised to read asfollows:§ 2920.2 Fees.

Each application for a special land-use'permit or a renewal thereof, except thosQunder § 2920.7 for which no servicecharge is required, must be accompaniedby a nonrefundable application servicefee of $10. However, no charges will bemade for applications by agencies of theFederal Government or agencies of theStates and political subdivisions thereof.

2. Paragraph 2920.3 (a) (1) is revisedto read as follows:§ 2920.3 Terms.

(a) General. (1) A special land-usepermit is revocable In-the discretion ofthe authorized officer at any time uponnotice to the permittee.

3. Paragraph 2920.4(a) is revised toread as follows:,§ 2920.4 Rental charges.

(a) Except as to permits issued under12920.7, for which no rentals are re-quired, each permittee will be requiredto pay to the Bureau of Land Manage-ment, In advance, a rental determinedby the authorized officer as the fair mar-ket value of the privileges granted. Theauthorized ofticer-will determine whetherpayments will be annual or otherwise;he may adjust the rental at the end ofeach payment period. In no case will theminimum rental charge be fixed at less'than $10 per payment.

4. A new § 2920.7 is added to read asfollows:§ 2920.7 Short form.

The authorized officer may issue ashort form special land use permit fortemporary use of the public lands not toexceed 90 days where the proposed useof these lands does not involve construc-tion or the erection of improvements orstructures, and in the opinion of the au-thorized officer will not alter the charac-ter of the land or its resources.

RoLr'D G. RoBnmsoN, Jr.,Deputy Assistant Secretary.

JANuARY 9, 1975.IFM Doc.75-I393 Filed 1-15-76;8:45 am]

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

[7CFRPart;980][Amdt. 1]

ONION IMPORTSProposed Minimum Grade and Size

RequirementsThis proposal would amend minimum

grade and size requirements for importedonions.

Notice is hereby given of a proposeilamendment- of § 980.113 Onion importregulation (39 FR 26290)§ applicable tothe importation of onions into theUnited States to become ellectiqe March17, 1975, under the Agricultural Market-Ing Agreement Act of 1937, as amended(7 U.S.C. 601 et seq.).

Under section 8e of the act (7 U.S.C.608e-1), whenever two or more market-ing orders are concurrently in effect reg-ulating the same agricultural commodityproduced in different areas of the UnitedStates, the importation of such com-modity shall be prohibited unless it com-plies with the grade, size, quality, andmaturity provisions of the order which,as determined by the Secretary of Ag-riculture, regulates the commodity pro-duced in the area with which the Im-ported commodity is in most directcompetition.

Onion import regulation § 980.113 (39FR 26290), became effective July 18,1974, and sets forth similar grade, size,quality, and maturity requirements asthose in effect for onions handled underMarketing Order No. 958, as amended (7CFR Part 958) 'regulating the shipmentsof onions grown In designated counties inIdaho and Eastern Oregon.

Grade, size, quality, and maturity re-quirements become effective for the pe-riod March 10 through May 11, 1975 (39FR 45208) under Marketing Order No.959, as amended (7 CFR Part 959), regu-lating the handing of onions grown inSouth Texas. It is anticipated that im-ported onions will be in most direct com-petition with those regulated underMarketing Order 959 on or about March17 and the proposed changes will be nec-essary to bring import regulations intoline with domestic regulations coveringSouth Texas onions.

Consideration will be given to any writ-ten data, views, or arguments pertainingto the proposed amendment which arefiled in quadruplicate with the HearingClerk, Room 112-A, United States De-partment of Agriculture, Washington,D.C. 20250, not later than February 3,1975: All written submissions made pur-suant to this notice will be made avail-able for-public inspection at the officeof the Hearing Clerk during regular'business hours. (7 CPR 1.27(b)).

The proposed amendment is as follows:Section 980.113 Onion import regula-

tion (39 FR 26290), is hereby amendedto read as follows:§ 980.113 Onion import regulation.

Pursuant to section 8e of the act (7U.S.C. 608e-1) and except as otherwiseprovided herein, during the period be-ginning March 17, 1975, and continuingthrough May 11, 1975, the importationof onions is prohibited unless such onionsare inspected and meet the requirementsof this section.

(a) Minimum grade and size require-mnts-l) Grade. Not to exceed 20 per-cent defects of U.S. No. 1 grade. In per-centage grade lots, tolerances for seri-ous damage shall not exceed 10 percentincluding not more than 2 percent decay.Double the lot tolerance shall be per-mitted In Individual packages in percent-age grade lots. Applications of tolerancesIn U.S. Grade Standards shall apply toIn-grade lots.

(2) Size. White onlons-=-1 Inch mini-mum diameter; all other varieties ofonions-11 inches minimum diameter.

(b) Condition. Due consideration shallbe given to the time required for trans-portation and entry of onions into theUnited States. Onions with transit timefrom country of origin to entry into theUnited States of ten or-more days maybe entered if they meet an average toler-ance for decay of not more than 5 per-cent, provided they meet the other re-quirements of this section.(c) Minimum quantity. Any importa-

tionwhch in the aggregate does not ex-ceed 100 pounds in any day, may be im-ported without regard to the provisionsof this section.(d) Plant quarantine. Provisions of

this section shall not supersede the re-strictions or prohibitions on onions underthe Plant Quarantine Act of 1912.(e) Designation of governmental in-

spection service. The Federal or the Fed-eral-State Inspection Service, Fruit andVegetable Division, Agricultural Market-Ing Service, United'States Department ofAgriculture, and the Fruit and VegetableDivision, Production and MarketingBranch, Canada Department of Agricul-ture, are designated as governmental in-spection services for certifying the grade,size, quality and maturity of onions thatare mported into the United Statesunder the provisions of Section 8e of theact.

(f) Inspection and official inspectioncertificates. (1) An official inspection cer-tiflate certifying the onions meet theUnited States import requirements forbnions under Section 8e (7 U.S.C. 608e-1), Issued by a designated governmentalInspection service and applicable to aspecific lot is required on all imports ofonions.


2819

PROPOSED RULES

(2) Inspection and certification by theFederal or Federal-State InspectionService will be available and performedin accordance with the rules and reg-ulations governing certification of freshfruits, vegetables and other products(Part 51 of this title). Each lot shall bemade available and accessible for in-spection as provided therein. Cost of in-spection and certification shall be borneby the applicant.

(3) Since inspectors may not be sta-tioned in the immediate vicinity of somesmaller ports of entry, importers ofonions should make advance arrange-ments for inspection by ascertainingwhether or not there is an inspectorlocated at their particular port of entry.For all ports of entry where an inspec-tion office is not located, each importermust give the specified advance noticeto the applicable office listed below priorto the time the onions will be imported.

Ports O11ce AdvanceNotice

All Texas L, M. Denbo, P.O. Box 107 1 day.points. San Tuan, Tex. 78539

(Phone 512-787-4091 orMI~).

Ali Arizona f. 0. Morgan, P.O. Box Do.points. 1614, Nogales, Ariz. 5621

(Phone 602-237-2902).All California D. P. Thompson, 784 South 3 days.

points. Central Ave., Room 266,Los Angeles, Calif. 60M21-(Phone 213-62,2-S756).

All Hawaii Stevenson Ching, P.O. Box 1 day.points. 5425, Pawaa Substation,

1423 South King StHonolulu, Hawaii 9631(Phone 808-941-3071).

Al Puerto Darrell McNeal, P.O. Box 2 days.Rico points. 10163, Santurce, P.R.

00003 Phone 809-783-2230or4116.

New York Carmino J. Cavallo Room 1 day.City. 28A Hunts Point Market,

Bronx, NY. 10474 (Phone212-991-7669 or 7668).

Now Orleans... Anthony Oennaro 5027 Do.Federal Office Bldg., 701Loyola Ave., Now Or-leans, La. 70113 (Phone604-527-6741 or 6742).

iamid..........-LloydW. Boney, 1350 North Do.West 12th Ave., Room 535,liami Fla. 33138 (Phone

305-3246116 or 6117).Al other C. B. Brantley P.0 Box Do.

Florida 1232, Winter Yaven, Fla.points. 33536 (Phone 813-291-3511,

Ext. 33 and 813-294-20S9).All otherpolnts. D. S. Matheson Fruit and 3 days.

Vegetable Dlvlsion, AMS,Washington, D.C. 20250(Phone 202-447-5870).

(4) Inspection certificates shall coveronly the quantity of onions that is beingimported at a particular port of entryby a particular importer.

(5) Each inspection certificate Issuedwith respect to any onions to be importedInto the United States shall set forth,among other things:

(i) The date and place of inspection;(ii) The name of the shipper or

applicant;(iii) The commodity inspected;(iv) The quantity of the commodity

covered by the certificate;(v) The principal identifying marks

on the containers;(vi) The railroad car ipitials and

number, the truck and trailer licensenumber, the name of the vessel, or otherIdentification of the shipment; and

(vii) The following statement, if thefacts warrant: Meets import require-ments of 7 U.S.C. 608e-1.' (g) Reconditioning prior to importa-

tion. Nothing contained in this part shallbe deemed to preclude any Importer fromreconditioning prior to importation anyshipment of onions for the purpose ofmaking it eligible for importation.

(h) It is hereby determined that im-ports of onions, during the effective timeof this section, are in most direct com-petition with onions grown in SouthTexas. The requirements set forth in thissection are the same as those applicableto grade, size, quality and maturity beingmade effective for onions grown in SouthTexas.

(i) Definitions. For the purpose of thissection, "Onions" means all (except red)varieties of Allium cepa marketed dry,except dehydrated, canned and frozenonions, onion sets, green onions, andpickling onions. Onions commonly re-ferred to as "braided," that is, with tops,may be imported if they meet the gradeand size requirements except for toplength. The term "U.S. No. 1 shall havethe same meaning as set forth in theUnited States Standards for Grades ofBermuda-Granex-Grano Type Onions(§§ 51.3195-51.3209 of this title), UnitedStates Standards for Grades of CreoleOnions (§§ 51.3955-51.3970 of this title),or in the United States Standards forGrades of Onions Other Than Bermuda-Granex-Grano and Creole Types (§§ 51.-2830-51.2854 of this title), whichever isapplicable to the particular variety. Tol-erances for size shall be those in the ap-plicable United States Standards. The re-quirements of Canada No. 1 grade aredeemed comparable to the requirementsof U.S. No. 1 grade. "Importation" meansrelease from custody of the United StatesBureau of Customs.

Dated: January 13, 1975.CHARLES R. BRADER,

Acting Director, Fruit and Vege-table Division, AgriculturalMarketing Service.

[FR Doc.75-1525 Filed 1-15-75;8:45 am]

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric

AdministrationE50 CFR Part216]

MARINE MAMMALSAbandonment Provisions Regarding

Illegal ImportationOn January 15, 1974, final regulations

governing the Taking and Importing ofMarine Mammals as required by Title Iof the Marine Mammal Protection Act of1972 (Pub. L. 92-522) were published inthe FEDERAL REGISTER (39 FR 1851-1859).An addition to the published regulationsis now proposed.

A new § 216.64 will be added explainingthat in the event an illegally importedmarine mammal or marine mammal partor product is abandoned to the UnitedStates Customs Service, the Director orhis designee may take such abandonment

into consideration in deciding whether toInitiate a formal action or, If Initiated,whether to consider compromising theproposed penalty in view of the abandon-ment,

The proposed amendment Is issuedunder authority of Title I of the MarinoMammal Protection Act of 1972 86 Stat,1027 (16 U.S.C.) 1361-1407), Pub. L,92-522.

Issued at Washington, D.C., and datedJanuary 13,1975.

JACH W. GEImoIGER,Acting Director.

The proposed amendments are de-scribed below.

1. A new § 216.64 Is added and thepresent §§ 216.64 and 216.65 are renum-bered. The new subsection reads as fol-lows:§ 216.64 Abandonment provisions.

When it has been alleged that a ma-rine mammal or marine mammal partor product has been unlawfully Im-ported, the National Marine FisheriesService has no objection to the ownerof the marine mammal or marine mam-mal part or product abandoning sameto the United States Customs Officialsin accordance with existing Customsprocedures. In determining whether for-mal action should be Initiated for anyalleged violation of the Act or theseregulations or, if Initiated, whether aproposed penalty should be compro-mised, the Director or his designee maytake Into consideration the fact that thealleged violator voluntarily abandonedthe Item to an appropriate authority.

3. Present § 216.64 Is renumbered216.65 as follows:§ 216.65 Holding and bonding.

4. Present §216.65 is renumbered§ 216.66 as follows:§ 216.66 Enforcement 6fficers.

* * * *

[FR Do0.75-1518 Filed 1-15-75;8 :45 am]

[50 CFR Part 219]ENDANGERED SPECIES OR ENDANGERED

SPECIES PART OR PRODUCTSSeizure and Forfeiture Procedures;

Abandonment ProvisionsOn November 27, 1974, final regula-

tions dealing with endangered specleoimportation permits and enforcement(civil procedures, seizure and forfeitureprocedures, designated ports) were pub-lished in the FEDEmL REGISTER (39 FR41367-41377).

Section 219.15 will be amended so thatIn the event an Illegally Imported en-dangered species or endangered speciespart or product Is abandoned to thoUnited States Customs Service, the Di-rector or his designee may take suchabandonment into consideration In de-ciding whether to initiate a formal ac-tion or if Initiated, whether to considercompromising the proposed penalty Inview of the abandonment.

FEDERAL REGISTER, VOL 40, NO. 1 I.-THURSDAY, JANUARY 16, 1975

2820

PROPOSED RULES

'The proposed amendment is issuedunder authority of the Endangered Spe-

-cles Act of 1973, section 11(f), 87 Stat.884, Pub. L. 93-205.

Issued at Washington, D.C., -and datedJanuary 13,1975.'

JACK W. GMuHNGER,Adting 'Director.

The proposed amendment Is describedbelow.

1. A new §219.15 reads as follows:§219.15. Abandonment provisions.

When It has been alleged that an en-dangered species or endangered speciespart or product has been unlawfully im-ported, the National Maxine FisheriesService has no objection to the owner ofthe endangered species or endangeredspecies part or product abandoning sameto the United States Customs Officialsin accordance withl existing Customs pro-cedures. In determining whether formalaction should be initiated-for any allegedviolation of the Act or these regulatioisor, if initiated, -whether a proposed pen-alty should be compromised, the Direc-tor or his designee may take into con-sideration the fact that the alleged -vio-lator voluntarily abandoned -the item toan appropriate authority.

[-,i -Doe.75-1517 Ylled 1-15-75;8:45 am]

Office of the Secretary. [I5 CFRPart4]

PUBLIC INFORMATION'Proposed Uniform ScheduleoaFees

Section 1.(b) t2) of Pub. L. 93-502 (88Stat. 1561) , therecently enacted amend-mdnts to the Freedom of InformationAct (5 U.S.C. 552), requires each agencysubject to-,the Act 'topromulgate regula-tions, pursuant to notice 'and xeceipt ofpublic comment, specifying a uniformschedule of fees applicable, to all con-stituent units of such agency, in connec-tion -with -requests or records' nnder theFreedom of-Infornatiofi Act.

IXoticeis herebygiven that the Depart-ment of Commerce, in accordance withthis statutory Tequirement, proposes toamend its xegulations to provide -such auniformschedule of fees. These amend-ments are intended to comply with thestatutory requirements of 5 U.S.C. 552(4) (A) that: (a) Fees be-limited to rea-sonable standard charges for documentsearch -and duplication and provide forrecovery of only the direct costs of suchsearch -and duplication; -and (b) docu-ments shall be furnished-without chargeor at a reduced charge where the agencydetermines -that waiver or reduction ofthe fee is In the public Interest becausefurnishing the" information can be con-"sidered as jprlmarlly benefiting thegeneral public. ,

This proposal also contains certalnpro-cedural requirements intended to assure-th#at parties do not incur unanticipatedobligations-whenmuiing requests for De-partment of Commerce records. In addi-tion, -for convenience, charges for for-

warding records to the requesting partyand for certification or authentication ofrecords requested by the party, which areestablished -under 15 U.S.C. 1525, are in-cluded. The user charges for other serv-ices not required under the Freedom ofInformation Act but chargeable-under15 U.S.C. 1525 and other applicable lawsare not included.

Interested persons are Invited to par-ticipate in this proposed rulemaking bysubmitting such written data, views orstatements as they may desire to theU.S. Department of Commerce, Cen-tral Reference and Records Inspec-

- tion Facility, Room 7043, Washington,D.C. 20230. Comments received beforeFebruary 13, 1975, will be considered be-fore final action Is taken on this proposal.All comments received In response to thisproposal will be available for public in-spection during normal business hours atthe above address.

It is, therefore, proposed to amend 15CFR Part 4, by revising 1 4.8 to read asfollows:§4.8 Fccs.

(a) Fee scheduZe. Unless waived or re-duced as provided in paragraph (b) ofthis section. the following fees shall becharged in connection with requests forrecords subject to this part.

(1) Searches other than for compu-terized records. $2.50 for each one-quar-ter hour per person for time spent intrying to find the records requested. Thisincludes the time spent by clerical, pro-fessional and supervisory personnel inexamining records in order to find rec-ords -which are within the scope of therequest, and transportation of personneland records necessary to the search.

(2) Searcles for computerized records.Actual direct cost of the computer timeto the government agency to use theequipment involved in the search, not toexceed $270 per hour ($4.50 per minute).This fee includes machine time, and re-lated operator and clerical personnel. Ifprogramming is necessary to conduct thesearch, there will be an additional fee of$2.50 for each one-quarter hour per per-son for programmer/analyst time. Com-puter printouts shall be 20 cents per pagefor the original and carbon copies con-currently printed.. (3) Copying of -records. 7 cents percopyof each page.

(4) Copies of microfilm or microflche.16mm (100 t.o1I)-4 U.0035 mmn---$7.00105 mm flche-4025 eachAperture cards-8O.25 ech$0.25 pZr page for each microform frnme

printed onpaper.

(5) Certificaion or authentication ofrecords. $3.00.per certification orsuthen-tication.

(6) Forwarding records to requestingparty. Actual cost of postage, Insuranceand special fees, if they exceed $1.00.

(b) Waiver or reduction of fees. Nofees shall be charged for a request forrecords under this part where:

(1) The fees total less than $25. In sodetermining, the fees for other contem-poraneous requests made by the same

party of related parties shall be aggre-gated.

(2) The records are requested by aFederal agency, Federal court, congres-sional committee or subcommittee, theGeneral Accounting Ofce, or the Libraryof Congress.

(3) The records are requested by a'State or local government, an intergov-ernmental agency, a foreign government,an international organization, or anyagency thereof, for purposes that aredetermined to be in 'the public interestand will promote the objectives of theact and the agency. Alternatively, it maybe determined that the fees shall be re-duced instead of waived.

(4) It is determined, either upon peti-tion therefor submitted by the party re-questing the records, or by the respon-sible official on his own initiative, thatwaiver of the fee is In the public interestbecause furnishing the information inthe records requested can be consideredas primarily benefiting the general pub-lic. Alternatively, It may be determinedthat the fees shall be reduced instead ofwaived. Any such petition shall Includeand specify the intended purpose towhich the records requested will be putand why all of them are necessary, inorder to show how the Information fur-nished In all or part of the records willprimarily benefit the general public. -

(5) It is determined by the respon-sible offcial, based upon a petitiontherefor, that the requesting party isindigent, that the request for recordshas a strong public interest justification,and that agency resources permit awaiver of the fee. A person Is deemed tobe indigent If he does not have Incomeor resources sufficient to pay the fees in-volved. Alternatively, it may be deter-mined that the fees shall be reduced in-stead of waived. All statements made inany such petitions are subject to thecriminalcode provisions of 18 U.S.C. 1001concerning false reports to the Gov-ernment.

(c) Payment of fees. The followingconditions for payment of fees chargedunder this section shall apply.

(i) Searchlees provided in paragraph() of this section are chargeable evenwhen no records responsive to the requestfor records are found, or when the rec-ords requested are determined to be ex-empt from disclosure.

(2) If the party requesting records hasstated in or with his request that he iswilling to pay an amount sufficient tocover the estimated fees, a search may bemade for the records without further no-tice by the agency, unless the requesting,party is delinquent in making past pay-ment. or the estimated fees exceed $100.

(3) If the party requesting records hasstated in or with his request that he iswilling to pay estimated fees up to aspecified limit not exceeding $100, asearch may be made for the recordswithout further notice If the estimatedfees are less than the specified limit orare less thaft $25, unless the requestingparty is delinquent in making past pay-ments.

(4) If th6 estlmatil fees (I) exceed$100 for a request covered within sub-

FEDERAL REGISTER, VOL 40, NO. 11--HURSDAY, JANUARY 16, 1975

2821

PROPOSED RULES

paragraph (2) of this paragraph, or (ii)exceed the specified limits covered withinsubparagraph (3) of this paragraph, or(ili) otherwise exceed $25, or the request-ing party is delinquent in past payments,the requesting party shall be notifiedimmediately (by wire or confirmed tele-phone call) of the estimated total feeand shall be requested to prepay such feebefore the search continues. The noticemay advise the requesting party to con-fer with specified Department personnelso as to attempt to reformulate the re-quest for records to reduce the fee.

(5) The administrative time deadlinesprescribed in 5 U.S.C. 552 (a) (6) shall be-tolled from the time the notice describedin subparagraph (4) of this paragraphis sent by the agency to the requestingparty, until the time that the agencyreceives payment of the estimated feefrom the requesting party, unless theresponsible official determines otherwise.

(6) In any instance where a specificfee is ultimately determined to be pay-able and notice thereof has been sent tothe requesting party, the payment ofsuch fee shall be received by the agencybefore the records requested are madeavailable. -

(7) Payment of fees shall be made incash or preferably by check or moneyorder payable to "U.S. Department ofCommerce" and shall be sent to theagency address stated in the billing noticefrom the agency.

(8) If an advance payment of an esti-mated fee exceeds the actual total feeby $5.00 or more, the difference shall'be refunded to the requesting party. Ifthe estimated fee is less than the actualfee later determined, any difference inexcess of $5.00 may be further billed toand is payable by the requesting party.

Signed at Washington, D.C., this 13thday of January, 1970.

Dated: January 13, 1975.Guy W. CHAMERRLn, Jr.,Acting Assistant Secretary

for Administration.[FR Doc.75-1530 Filed 1- 51-75;8:45 am]

DEPARTMENT OF LABOROccupational Safety and Health

Administration[ 29 CFR Part 1910 ]'[Docket No. OSH-11]

OCCUPATIONAL NOISE EXPOSUREProposed Requirements and Procedures;

Extension of Time for CommentsOn Thursday, October 24, 1974, a no-

tice of proposed rulemaking regardingan occupational safety and health stand-ard on occupational noise exposure ingeneral industry was published In theFEDERAL REGISTER (39 FR 37773). Inter-ested persons were given until Decem-ber 9, 1974, to submit written data, views,and arguments with respect to the pro-posal and to file objections and requesta hearing thereon. Of the first 40 com-ments received, 16 requested additionaltime to submit such materials. The ad-ditional time requested ranged from 13

days to 120 days. In view of the complexi-ties of the Issues raised and the breadthof application of the proposed standard,the period for the submission of writtencomments and for the filing of objec-tions on the proposal was thereby ex-tended until January 22,1975, on Decem-ber 9, 1974 (39 FR 42929). Subsequentcomments have requested a further ex-tension of time for comments. In viewof these requests the period for the filingof comments and objections on the pro-posal is hereby extended until March 21,1975. Written data, views, and argu-ments concerning the proposal may bemailed to the Docket Officer, DocketOSH-11, Occupational Safety and HealthAdministration, Room 230, 1726 M StreetNW., Washington, D.C. 20210. Such data,views, and arguments will be available forpublic inspection and copying at theabove address.

Signed at Washington, D.C. this 10thday of January 1975.

JOHN STENDER, -

Assistant Secretary of Labor.[FR Doc.75-145a Filed 1-15-75;8:45 am]

DEPARTMENT OF HEALTH,EDUCATION, AND WELFARE

Food and Drug Administration[ 21 CFR Parts 132,133 ]

DRUG PRODUCT SALVAGINGProposed Rule Making

The Food and Drug Administration isconcerned that drugs which have beensubjected to prolonged or improper stor-age or to abnormal environmental con-ditions are being salvaged and returnedto the marketplace. To prevent salvageand consumer use of bad drug productsresulting from age, poor storage, fire,flood, freezing, etc., the Commissioner ofFood and Drugs is proposing regulationsrelating to such drugs and firms thatengage in drug product salvaging opera-tions.

Although methods are available toestimate the type and the extent of ab-normal exposure, the usual methods forsalvaging "good" drug products from"bad" drug products are by visual andorganoleptic examinations. Such exam-inations are not effective in demonstrat-ing that drug products have maintainedtheir original Identity, strength, quality,and purity. Analytical examinationsare not regarded as entirely adequatesince the sampling process cannot ac-count for intralot variables presented 6jyprolonged or improper storage or by ab-normal environmental conditions.

Any drug products subjected to ex-tremes of temperature, humidity, smoke,fumes, pressure, age, or radiation areconsidered as having beer subjected toprolonged or improper storage or to ab-normal environmental conditions. Ab-normal environmental conditions developfrom fire, flood, freezing, explosion, etc.Factors contributing to possible ab-normal environmental conditions arefaulty heating, refrigeration, or air con-ditioning; improper storage in winter

and summer resulting in abnormallyhigh or low storage temperatures; waterdamage; and improper control overdrugs returned from retailers. There Isno practical way to detect the kinds orextent of damage that may occur in lotsof drug products subjected to prolongedor improper storage or to abnormal en-vironmental conditions. Unless it can beshown that the lots of drug productswere not subjected to abnormal envi-ronmental conditions, efforts to salvageseemingly good drug products compro-mise the safety and effectiveness of suchdrug products.

There are some situations whereby ajudgment can be rendered that the In-tegrity of a drug product lot has notbeen affected by abnormal environmentalconditions. Examples of such situationsare:

(1) An isolated fire in a warehouseother than in the vicinity of drug stor-age, and there is evidence that the drugproducts were not subjected to abnormalenvironmental conditions.

(2) A mechanical failure in refrigera-tion, but where automatic temperaturerecordings show that the temperaturedid not rise above an established maxi-mum during the failure.

(3) Where It can be shown that floodwaters did not reach a drug productstorage level and conditions do not existwhereby high humidity would developor, If it did, the drug products in questionwould not be affected by such humidity.

Any drug products subjected to pro-longed or improper storage or subjectedto abnormal environmental conditionsare regarded as being adulterated withinthe meaning of section 501(a) (2) (A)and (B) of the Federal Food, Drug, andCosmetic Act and shall be subject toregulatory action.

The Commissioner of Food and Drugsproposes to amend "Part 133-Drugs;Current Good Manufacturing Practice inManufacture, Processing, Packing, orHolding" (21 CFR Part 133) by addinga new § 133.20 Drug Product salvaging,Section 133.20 will prohibit the salvagingand returning to the marketplace ofdrug products which have been subjectedto prolonged or improper storage or toabnormal environmental conditions.Whenever there Is any possibility thatdrug products have been subjected toprolonged or improper storage or to ab-normal environmental conditions, sal-vaging operations may be conducted onlyif there Is: (1) Substantial evidencefrom laboratory tests and assays (includ-ing animal feeding studies where ap-plicable) showing that the drug productsmeet all applicable standards of identity,strength, quality, and purity; and (2)substantial evidence that the drug prod-ucts and their associated packaging havenot been subjected to prolonged or im-proper storage or abnormal environ-mental conditions. Visual or organolep-tic examinations shall be acceptable onlyas supplemental evidence that the drug

.products have maintained their originalidentity, strength, quality, and purity.

The Commissioner proposes to amend21 CFR 132.1 by adding a new para-

FEDERAL REGISTER, VOJ. 40, NO. 11-THURSDAY, JANUARY 16, 1975

2822

PROPOSED RULES

graph (k) to define "drugproduct salvag-ing" as the act of segregating drugproducts which have been subjected' toprolonged or improper storage or to ab-normal environmental conditions such asextremes of -temperature, smoke, humid-ity, fumes, pressure, agei or radiationwhen such. segregation is for returningsome or all of the drug products to themarketplace.

In addition, the Commissioner notesthat every person who owns or operatesan establishment -engaged in the salvag-ing of drug products is required to regis-ter such establishment pursuant to sec-tion 510 of the act and 21 CFR Part 132.For clarity, the, Commissioner proposesto amend § 132.1 to specify that estab-lishnients required to register includethose engaged in the salvaging of drugproducts; however, such establishmentsare not required to submit a drug'list.The Commissioner also proposes toamend § 132.2 to clarify that drug listingis not required at this time for establish-ments engaged in the salvaging of drugproducts.

-Therefore, pursuant to provisions ofthe Federal Food, Drug, -and CosmeticAct (sees. 501, 510, 701, 52 Stat. 1049-1050 as amended, 1055-1056 as amended,76 Stat. 794 as amended; 21 U.S.C. 351,360, 371) Eind the Drug Listing Act of1972 (Public Law 92-387; 86. Stat. 559-562) and under authority delegated-tothe Commissioner (21 CFR 2.120), It isproposed that Chapter I of Title'21 of- theCode-of Federal Regulations be amendedas follows:

1. n Subpart A of Part 132 by revisingparagraph (b) of § 132.1 and adding anew paragraph, (k) to read as follows:

§-132.1 Definitions.

(b) 'Tstblishment" means a place ofbusiness under one management at .onegeneral physical Jocation. The term in-cludes, among others, independentlaboratories.that engage in control activ-Ities for -registered drug establishments,e.g., "consulting" laboratories, maanu-facturers of medicated feeds and of vita-min products that are "drugs" within the

_ meaning of section 201(g) of the act,human blood donor centers, animal facil-ities used for -the production or controltesting of licensed biologicals, and estab-lishments engaged in the salvaging ofdrug iproducts.

(k) '"Drug product -salvaging" is theact of segregating drug products whichmay have been subjected to prolonged orimproper storage or to -abnormal en-vironmental conditions -such as extremesof temperature, humidity, -smoke, fumes,pressure; -age, or -radiation for the pur-pose of returning some -or all of the

.products to the marketplace.

§ 132.2 I-Amended]-2. in Suibbart'B of Part 132 by adding

a c6mma and the -phase "nor Is druglisting required for establishmenfs en-gaged in the salvaging of drug products"before the period at the end of para-graph (a) of § 132.2.

3. In Part 133"by adding a new § 133.20to read as follows:§ 133.20 Drug product salvaging op=ra-

lions.

Drug products which have been sub-Jected to prolonged or Improper storageor to abnormal environmental conditionssuch as extremes in temperature, humid-ity, smoke, fumes, pressure, age, orradiation due to natural disasters, fires,accidents, or equipment failures shall notbe salvaged and returned to the market-place. Whenever there is any possibilitythat drug products have been subjectedto prolonged or Improper storage or toabnormal environmental conditions,salvaging operations may be conductedonly if there"Is substantial evidence (a)from laboratory tests and assays (includ-ing animal feeding studies where appli-cable) showing that the drug productsmeet all applicable standards of Identity,strength, quality, andpurity and (b) thatthe drug products and their associatedpackaging have not been subjected toprolonged or improper storage or ab-normal environmental conditions. Visualor organoleptic examinations shall be ac-ceptable only as supplemental evidencethat the drug products have maintainedtheir original Identity, strength, quality,and purity.

nterested persons may, on or beforeA.rch 17, 1975, file with the HearingClerk, Food and Drug Administration,Ri. 4-65, 5600 Fishers Lane, Rockville,MD 20852, written comments (prefer-ably in quintuplicate) regarding this pro-posal. Received comments may be seenIn the above offlce during w6rklng hours,Monday through Priday.

Dated: January 9, 1975.SA D. FnsE,

Assoclat Commissionerfor Compliance.

[FR Doc.75-1445 Piled 1-15-75;8:45 am)

Office of the Secretary

[42 CFR Part59 3FAMILY PLANNING SERVICES TRAINING

GRANTS

Notice of Proposed Rulomaking'Notice is hereby given that the Assist-

ant Secretary for Health of the Depart-ment bf Health, Education, and Welfareproposes to revise the xegulations gov-erning grants under section 1003 of thePublic Health Service Act (42 U.S.C.300a-1), which authorizes the Secretaryof Health, Education, and 'Welfare tomake grants to public or nonprofit prl-vate entities to provide the tr-alning forpersonnel to carry out the family Plan-Sing service programs described in zec-tIons 1001 or 1002 of the Act- (42 U.S.C.300. 300a). The regulations governinggrants under section 1003 are set fortlhn Part 59, Subpart C of Title 42 of the

Code of Federal Regulations. Section59.203(b) thereof states that eligible

projects are mot to exceed three monthsIn duration. However, experience In ad-mintstering the family planning traininggrants has shown that occasionally alonger period of time is needed to meetunusual or special training needs. Therevision of § 59.203(b) set out below isdesigned to accommodate such needs.

Interested persons are invited to sub-mit written comments, suggestions orobjections concerning the proposed re-vision of § 59.203(b) to the Director, Bu-reau of Community Health Services,Health Services Administration, Room7-05, 5600 Fishers Lane, Rockville, mary-land 20852, on or before February 18,1975. All comments received in responseto this Notice will be available for publicInspection In the above-named officeduring regular business hours. -

It is therefore proposed to amend Sub-Part C of Part 59 of Title 42 as set forthbelow.

Dated: December 16, 1974.CHARLES C. EDWARDS,

Assistant Secretary for Health.'Approved: January 13,1975.

CASPAR W. WEnBERGER,Secretary.

Paragraph (b) of § 59.203o(b) is revisedto read as follows:§ 59.203 Eligibility.

(b) Elgible projects. Grants pursuantto section 1003 of the Act and this sub-part may be made to eligible applicantsfor the purpose of providing programs,not to exceed three months in duration,for training family planning or otherhealth services delivery personnel in theskills, knowledge, and attitudes neces-sary for the effective delivery of familyplanning services: Provided, That theSecretary may n particular cases ap-prove support of a program whose dura-tion Is longer than three months wherehe determines (1) that such program isconsistent with the purposes of this sub-part and (2) that the program's objec-tives cannot be accomplished withinthree months because of the unusuallycomplex or specialized nature of thetraining to be undertaken.

[1M Do=.75-1562 iled 1-15--75;8:45 ami

DEPARTMENT OF -TRANSPORTATION-

Federal Aviation Administration

E 14 CFR Parts 21,36][Doc l.o. 13243; NotIcoo. o7-391

NOISE STANDARDS FOR PROPELLERDRIVEN SMALL AIRPLANES

Proposed Regulations .Submittd to theFAA By the Environmental ProtectionAgency

CorrectionIn R DoC. 74-30538 appearing atypage

1061 In the Issue of Monday, January 6,1975 the signature on page 1069 reading"Charles R. Foot" should read "CharlesF. Foot".

FEDERAL REGISTER, VO0L 40, NO. 11-THURSDAY, JANUARY 16, 1975

2923

PROPOSED RULES

[ 14 CFR Part 71 ]JAirspaco Docket No. 74-RA-96]

CONTROL ZONE AND TRANSITIONAREA

Proposed AlterationThe Federal Aviation Administration

is considering amending §§ 71.171 and71.181 of Part 71 of the Federal AviationRegulations so as to alter the Lancaster,Pa., Control Zone (39 FR 398) andTransition Area (39 FR 525, 37632).

A new VOR/DMIE Rlwy 26 instrumentapproach procedure has been developedfor Lancaster Airport, Lancaster, Pa.,and will require alteration of the con-trol zone and transition area to providecontrolled airspace for aircraft execut-Ing the new procedure.

Interested parties may submit suchwritten data or views as they may desire.Communications should be submitted intriplicate to the Director, Eastern Re-gion, Attn: Chief, Air Traffic Division,Department of Transportation, FederalAviation Administration, Federal Build-ing, John F. Kennedy International Air-

,port, Jamaica, New York 11430. All com-munications on or before February 18,1975 will be considered before action istaken on the proposed amendment. Nohearing is contemplated at this time, butarrangements may be made for informalconferences with Federal Aviation Ad-ministration officials by contacting theChief, Airspace and Procedures Branch,Eastern Region.IAny data or views presented duringsuch conferences must also be submittedin writing in accordance with this noticein order to become part of the recordfor consideration. The proposal con-tained in this notice may be changed inthe light of contiments received.

The official docket will be available forexamination by interested parties at theOffice of Regional Counsel, Federal Avia-tion Administration, Federal Buildlng,John F. Kennedy International Airport,Jamaica, New York.

The Federal Aviation Administration,having completed a review of the air-space requirements for the terminal areaof Lancaster, Pennsylvania, proposes theairspace action hereinafter set forth:

1. Amend 1 71.171 of Part 71 of theFedeml Aviation Regulations by deletingthe description of the Lancaster, Pa.Control Zone and by substituting thefollowing in lieu thereof:

Within a 5-mile radius of the center,40*07'16" N, 76o17'47' W. of Lancaster Air-port, Lancaster. Pa.: within S miles each sideof the Lancaster VORTAC 260- radial, ex-tending from the VORTAC to 8.5 miles west;within 3 miles each side of the LancasterVORTACO 128* radial, extending from theVORTAC to 8.5 miles southeast; within 2miles each side of the Lancaster VORTAC055. radial, extending from the VORTAC to5 miles northeast. This control zone is'effec-tive from 0700 to 2800 hours, local time,daily.

2. Amend 1 71.181 of Part 71 of theFederal Aviation Regulations by deletingthe description of the Lancaster, Pa.Transition Area end by substituting thefollowing in lieu thereof:

That airspace extending upward from 700feet above the surface within a 7.5-mileradius ot the center 40,07'16" N., 76-17'47"W. of Lancaster Airport, Lancaster, Pa.;within 3 miles each side of the LancasterVOIRTAC 260' radial, extending from the7.5-mile radius area to 8.5 miles west of theVOnTAC; within 9.5 miles northeast and4.5 miles southwest of the LancasterVORTAC 1280 radial, extending from theVORTAC to 18.5 miles southeast of theVORTAC; withtn 3.5 miles each side of theLancaster Airport 11. southwest localizercourse, extending from the 7.5-mile radiusarea to 10.5 miles southwest of, the Old;within 5 nillea each side of the LancasterVORTAC 055* radial, extending from the7.5-mile radius area to 16.5 miles northeastof the VOP.TAC.(See. 307(a) of the Federal Aviation Act of1958 [72 Stat. 749; 49 U.S.C. 1348] and see.6(c) otf the Department of TransportationAct [49 U.S.C. 1655(c) ])

Issued in Jamaica, N.Y., on January 6,1975.

JAMSs BIspo,Acting Director,

Eastern Region.[FR Doc.75-1372 Flled 1-15-75;8:45 am]

[ 14 CFR Part 71][Airspae Docket No. 74-EA-951

TRANSITION AREA

Proposed Alteration

The Federal Aviation Administrationis considering amending § 71.181 of Part71 of the Federal Aviation Regulationsso as tg alter the Sussex,,N.J., TransitionArea (39 FR 599).

Because of alteration of the use of theVOR-1 instrument approach procedureto Sussex Airport from part to full timeuse, the transition area must be similar-ly altered.

Interested parties may submit suchwritten data or views as they may desire.Communications should be submitted intriplicate to the Director, Eastern Re-gion, Attn: Chief, Air Traffic Division,Department of Transportation, FederalAviation Administration, Federal Build-ing, John F. Kennedy InternationalAirport, Jamaica, New York 11430. Allcommunications received on or beforeFebruary 18, 1975, will be considered be-fore action is taken on the proposedamendment. No hearing is contemplatedat this time, but arrangements may bemade for informal conferences with Fed-eral Aviation Administration officials bycontacting the Chief, Airspace and Pro-cedures Branch, Eastern Region.

Any data or views presented duringsuch conferences must also be submittedin writing in accordance with this noticein order to become part of the record forconsideration. The proposal contained inthis notice may be changed in the lightof comments received.

The official docket will be available forexamination by interested parties at theOfIfce of Regional Counsel, Federal Avia-tion Administration, Federal Building,John F. Kennedy International Airport,Jamaica, New York.

The Federal Aviation Administration,having completed a review of the air-space requirements for the terminal areaof Sussex, New Jersey proposes the air-space action hereinafter set forth:

1. Amend § 71.181 of Part 71 FederalAviation Regulations so as to alter thedescription of the Sussex, N.J. 700-footfloor transition area by deleting, "Thistransition area is effective from sunriseto sunset, daily.",(Sec. 307(a) of the Federal Aviation Act of1958 [72 Stat. 749; 49 U.S.C. 1348] and sec.6(c) of the Department of TransportationAct [49 U.S.C. 1655(c)])


JAMxs Brszo,Acting Direqtor,

Eastern Region.[FR Doc.75-1373 Filed 1-15-67;8:45 am]

[ 14 CFR Part 71][Airspace Docket No. 74-GL-53]

TRANSITION AREA

Proposed AlterationThe Federal Aviation Administration

is considering amending Part 71 of theFederal Aviation Regulations so as toalter the transition area at Dowagiac,Michigan.

Interested persons may participate inthe proposed rule making by submittingsuch written data, views or arguments asthey may desire. Communicationsshould be submitted in triplicate to theDirector, Great Lakes Region, Attention:Chief, Air Traffic Division, Federal Avia-tion Administration, 2300 East DevonAvenue, Des Plaines, Illinois 60018. Allcommunications received on or beforeFebruary 18, 1975 will be considered be-fore action is taken on the proposedamendment. No public hearing is con-templated at this time, but arrangementsfor informal conferences with FederalAviation Administration officials may bemade by contacting the Regional AirTraffic Division Chief. Any data, viewsor arguments presented during suchconferences must also be submitted inwriting in accordance with this notice inorder to become part of the record forconsideration. The proposal contained inthis notice may be changed In the lightof comments received.

A public docket will be available forexam4nation by interested persons in theOffice of the Regional Counsel, FederalAviation Administration, 2300 EastDevon Avenue, Des Plaines, Illinois60018.

A new Instrument approach procedurehas been developed for the Cass CountyMemorial Airport, Dowagiac, Michigan,and additional controlled airspace is re-quired to protect this procedure.

FEDERAL REGISTER, VOL. 40, NO. II-THURSDAY, 'JANUARY 16, 1975

2824

PROPOSED RULES

In consideration of the foregoing, theFederal Aviation Administration pro-poses to amend Part 71 of the FederalAviation Regulations as hereinafter setforth:

In § 71.181 (39 FR 440), the followingtransition area is amended to read:

DOWAMcAC, MICIGAN

That airspace extended upward from 700feet above the surface within a seven-mileradius of Cass County Memorial Airport(Latitude 41°5930"' N, Longitude 86°07'37"W.); within two miles each side of the Keeler,Michigan 181 ° radial extending from theseven-mile radius area to the VOR, excludingthe portion which overlies the South Bend,Indiana transition area.(See. 307(a) of the Federal Aviation Act of1958 (49 U.S.C. 1348), and of sec. 6(c) of theDepartment of Transportation Act [49 U.S.C.1655(c) ]

Issued in Des Plaines, Illinois, on De-cember 30, 1974.

R. 0. ZIEGLER,Acting Director, Great Lakes Region.[FR Doc.75-1377 Filed 1-15-75;8:45 am]

[14CFRPart71][Airspace Docket No. 74-S0-78]

TRANSITION AREAProposed Alteration

The Federal Aviation Administrationis considering an amendment to Part 71of the Federal Aviation Regulationsthat would alter the Starkville, Miss,;transition area.

Interested persons may submit suchwritten data, views or arguments as theymay desire. Communications should besubmitted in triplicate to the FederalAviation Administration, Southern Re-gion, Air Traffic Division, P.O. Box 20636,Atlanta, Ga. 30320. All communicationsreceived on or before February 18, 1975will be considered before action is takenon the proposed amendment. No hearingis contemplated at this time, but ar-rangements for informal conferenceswith Federal Aviation Administrationofficials may be made by contacting theChief, Airspace and Procedures Branch.Any data, views or arguments presentedduring such conferences must also besubmitted in writing in accordance withthis notice in order to become part of therecord for consideration. The proposalcontained in this notice may be changedin light of comments received.

The official docket will be available forexamination by interested persons at theFederal Aviation Administration, South-ern Region, Room 645, 3400 WhippleStreet, East Point, Ga.

The Starkville transition area de-scribed'in § 71.181 (40-FR 441) would beamended as follows:

"'* * * excluding the portion withinColumbus, Miss., transition area * * "would be deleted and "* * * within 3 mileseach side of the 350* bearing from BRYANRBN (Lat. 33-25'53" N, Long. 88°51'01" W),extending from the 6.5-mile radius area to8.5 miles north of the RBN; excluding theportion within Columbus, Miss., transitionarea * * *" would be substituted therefor.

The proposed alteration Is required toprovideoontrolled airspace protection foraircraft executing the new NDB A In-strument Approach Procedure to GeorgeM. Bryan Field, utilizing the Starkville(private) nondirectional radio beacon.(See, 807(a) of the Federal Aviation Act of1958 (49 U.S.C. 1348(a)) and of sec. 6(c) ofthe Department of Transportation Act (49U.S.C. 1655(c)))

Issued in East Point, Ga., on January 6,1975,

PItILLIP M. SWATE-,Director, Southern Region.

[FR Doc.75-l&76 Filed 1-15-75;8:45 am]

[ 14 CFR Part 71 ]

[Airspace Docket No. 7+-BA-941

TRANSITION AREAProposed Designation

The Federal Aviation Administrationis considering amending § 71.181 of Part71 of the Federal Aviation Regulationsso as th designate a Corry, Pa., TransitionArea.

A new NDB instrument approach pro-cedure is in development to serve law-rence Airport, Corry, Pa. To provide con-trolled airspace for instrument arrivaland departure procedures at this air-port will require the designation, of a700-foot floor transition area.

Interested parties may submit suchwritten data or views as they may desire.Communications should be submitted Intriplicate to the Director, Eastern Re-gion, Attn.: Chief, Air Traffic Division,Department of Transportation, FederalAviation Administration, Federal Build-ing, John F. Kennedy International Air-port, Jamaica, New York 11430. All com-munications received on or before Feb-ruary 18, 1975 will be considered beforeaction is taken on the proposed amend-ment. No hearing is contemplated at thistime, but arrangements may be made forinformal conferences with Federal Avia-tion Administration officials by contact-ing the Chief, Airspace and ProceduresBranch, Eastern Region.

Any data or views presented duringsuch conferences must also be submittedin writing in accordance with this noticein order to become part of the record forconsideration. The proposal containedin this notice may be changed in thelight of comments received.

Thd official docket will be available forexamination by interested parties at theOffice of Regional Counsel, Federal Avia-tion Administration, Federal Building,John F. Kennedy International Airport,Jamaica, New York.

The Federal Aviation Administration,having completed a review of the air-space requirements for the terminal areaof Corry, Pennsylvania, proposes the air-space action hereinafter set forth:

1. Amend § 71.181 of Part 71, FederalAviation Regulations by adding theCorry, Pennsylvania 700-foot floor Tran-sition Area as follows:

CoR PENNSYLVANUThe airspace extending upward from 700

feet above the surface within a 5-mile radium

of the center, lat. 41°54130" N., long.79-38'301 W. of Lawrence Airport, Corry,Pennsylvania and within 3 miles each side ofthe 305P bearing from the Corry RBN (lat.41°54'44" N., long. 79-38'54" W.) extendingfrom the 5-mile radius area to 8.5 milesnorthwest of the RBN.(Sec. 307(a) of the Federal Aviation Act of1958 [72 Stat. 749; 49 U.S.C. 1348] and see.6(c) of the Department of TransportationAct [49 U.S.C. 1655(c)])


JAMsS BisPo,Acting Director, Eastern Region.

[FR Doc.75-1374 Filed 1-15-75;8:45 am]

[14CFR Part 71][Airspace Docket No. 74-IEA-90]

TRANSITION AREAProposed Designation

The Federal Aviation Administrationis considering amending § 71.181 of Part71 of the Federal Aviation Regulations soas to designate a Williamson, N.Y.,Transition Area.

A new VOR/DME instrument ap-proach procedure to Runway 10 at Wil-liamson-Sodus Airport, Williamson, NewYork, is in development. To provide con-trolled airspace for instrument'arrivaland departure procedures at this airportwill require the designation of a 700-footfloor transition area.

Interested parties may submit suchwritten data or views as they may desire.Communications should be submitted intriplicate to the Director, Eastern Re-gion, Attn: Chief, Air Traffic Division,Department of Transportation, FederalAviation Administration, Federal Build-ing, John F. Kennedy International Air-port, Jamaica, New York 1-1430. All com-munications received on or before Febru-ary 18, 1975 will be considered beforeaction is taken on the proposed amend-ment. No hearing is contemplated at thistime, but arrangements may be made forinformal conferences with Federal Avi-ation Administration officials by contact-ing the Chief, Airspace and ProceduresBranch, Eastern Region.

Any data or views presented duringsuch conferences must also be submittedin writing in accordance with this noticein order to become part of the record forconsideration. The proposal contained inthis notice may be changed in the lightof comments received.

The official docket will be available forexamination by interested parties at theOffice of Regional Counsel, Federal Avia-tion Administration, Federal Building,John F. Kennedy International Airport,Jamaica, New York.

The Federal Aviation Administration,having completed a review of the air-space requirements for the terminal areaof Williamson, New York, proposes theairspace action hereinafter set forth:

1. Amend § 71.181 of Part 71, FederalAviation Regulations by adding theWilliamson, New York 700-foot floorTransition Aret as follows:


2825

PROPOSED RULES

WILLIAMSON, NEW YORK

That airspace extending upward from 700feet above the surface within a 6.5 mile ra-dius of the center, lat. 43°14'10 '" N, long.77*07'20" W. of Wllliamson-Sodua Airport,Williamson, N.Y., extending clockwise froma 0550 to a 320 °

bearing from the airport,within a 5-mile radius of the center of theairport extending clockwise from a 320 °

to a055 °

bearing from the airport.

(See. 307(a) of the Federal Aviation Actof 1958 [72 Stat. 749; 49 U.S.C. 1348] andsec. 6(c) of the Department of Transporta-tion Act [49 U.S.C. 1655(c) ])

Issued in Jamaica, N.Y., on Janu-ary 6, 1975.

JAMES BISPO,Acting Director, Eastern Region.

[' Doc.75-1375 Filed 1-15-75;8:45 am]

CIVIL AERONAUTICS BOARD[ 14CFR Parts 310, 385, 389-]

[PDR-38, ODR-10; Docket No. 27378; DatedJanuary 13, 1975]

DOCUMENT SEARCH AND DUPLICATIONProposed Fee Schedule

Notice is hereby given that the CivilAeronautics Board has under considera-tion proposed amendments to Part 310of its Procedural Regulations and Parts385 and 389 of its Organization Regula-tions (14 CPR Parts 310, 385 and 389).The proposed amendments relate to feesfor search and duplication services, andare designed to bring the Board's Regu-lations into conformity with recentamendments made by P.L. 93-502 to theFreedom of Information Act (5 U.S.C.552).

The principal features of the proposedamendments are further described in theExplanatory Statement, and the pro-posed amendments are set forth in theProposed Rule. This regulation is pro-posed under the authority of section 204(a) of the Federal Aviation Act of 1958(72 Stat. 743, 49 U.S.C. 1324), Title V ofthe Act of August 31, 1951 (65 Stat. 290,5 U.S.C. 140), and 5 U.S.C. 552, asamended by Pub. L. 93-502, 88 Stat. 156L

Interested persons may participate inthe proposed rule making through sub-mission of twelve (12) copies of writtendata, views, or arguments pertainingthereto, addressed to the Docket Sec-tion, Civil Aeronautics Board, Washing-ton, D.C. 20428. All relevant matter incommunications received on or beforeJanuary 30, 1975, will be considered bythe Board before taking action on theproposal. Copies of such communicationswill be available for examination by in-terested persons in the Docket Section ofthe Board, Room 710, Universal Building,1825 Connecticut Avenue NW., Wash-ington, D.C., upon receipt thereof.

Individual members of the generalpublic who wish to express their interestas consumers by participating informallyin this proceeding, may do so throughsubmission of comments in letter formto the Docket Section at the above-n-

dicated address, without the necessity offing additional copies thereof.It should be noted that because theproposed revisions to the above-namedparts are to be adopted pursuant to re-cent amendments to the Freedom of In-formation Act, the Board intends to moveforward as expeditiously as possible inorder to put into effect final rules relat-ing thereto by February 19, 1975, the dateupon which said amendments will be-come effective. Therefore, the Board isallowing for Iess- than the normal 30days in which comments may be filed,and the Board does not contemplate thegranting of any extensions of time forthe filing of comments with respect tothis matter.

By the Civil Aeronautics Board.[SEAL] EDWIN Z. HOLLAND,

Secretary.EXPLANATORY STATEMENT

Plart 389 of the Board's OrganizationRegulations (14 CFR Part 389) estab-lishes a system of fees for filings, licenses,and special services, including searchesfor documents and their duplications.Recently, Congress enacted Pub. L. 93-502, amending the Freedom of Informa-tion Act I so as to require, inter alia, that:.

* * ;[E]ach agency shall promulgateregulations, pursuant to notice and receiptof public comment, specifying a uniformschedule of fees applicable to all constituentunits of such agency. Such fees shall belimited to reasonable statidard charges fordocument search and duplication and pro-vide for recovery of only the direct costs ofsuch search and duplication. Documents shallbe furnished without charge or at a reducedcharge where the agency determines thatwaiver or reduction of the fee is in the publicinterest because furnishing the informationcan be considered as primarily benefiting thegeneral public.

The Board, upon review of its scheduleof fees for special services affected byPub. L. 93-502, and the foregoing legis-lative mandate, proposes herein tomodify Part 389 in several respects andto modify related provisions in Parts 310and 385, to reflect the proposed clianges

-to Part 389.1. Searci fees. The Board's current fee

schedules include a coordinated chargefor search and duplication, i.e., no sepa-rate charge is made for locating docu-ments or records; instead, such chargeis a component of the charge for photo-copying. Continuation of this practicewould not appear to be compatible withPub. L. 93-502, which seems to contem-plate that, if an agency charges for suchservices, a separate fee must be set foreach service. The Board has accordinglyreviewed Its fee schedules, and has ten-tatively concluded that, based on ourpast experiences, the administrativeburden and expense of establishing aseparate fee schedule for documentsearches would not be commensuratewith the revenues likely to be derived

'Pub. I. 90-23, 5 U.S.C. 552.

from charges for this service. The Boardhas therefore tentatively determinedthat It will no longer charge a fee forservices performed In connection withsearching for documents requested bymembers of the public, whether in con-nection with photocopying or otherwise,However, recognizing that Pub. L. 93-502could Itself result in increased requestsfor access to Board records, includingincreased requests for search services, weshall closely monitor this area of specialservices with a view towards establish-ing a schedule of reasonable fme, forsearches, should the extent of the burdenon our staff resources prove to warrantimposition of a separate charge for thisservice. ,

2. Copying fees. The Board also pro.poses to reduce its fees for photocopyingdocuments, and to eliminate existingminimum fees for such services. SincePub. L. 93-502 requires fees for duplica-tion services to be based on "reasonablestandard charges" and to provide for therecovery of only the "direct cost" ofduplication, we have tentatively deter-mined that the fee for photocopying, ex-cluding costs related to search, as dis-cussed above, and other indirect costs,should be 15 cents per page, and that weshould no longer impose any minimumcharge for copying services.

3. Waivers or modiftcation of lees.The legislative directive in Pub. L. 93-502also requires that duplication and searchfees be waived or reduced where theagency determines that such actionwould be In the public interest becausefurnishing the Information "can be con-strued as primarily benefiting the gen-eral public." The Board therefore pro-poses to amend its fee schedules toprovide for waivers or modifications forphotocopying fees In consonance withthis statutory requirement. As reflectedby the proposed amendmenta to § 389.14requests for waivers or modifications willbe processed pursuant to procedures nowapplicable for appeals from staff actiondenying access to Board records,

4. Advance Payment. Finally, in con-nection with our review of the Board'sfees and related practices, we have ten-tatively concluded that we should takethis occasion to insure that fees pre-scribed in Part 389 are actually collected.We therefore propose to amend our feeschedules to provide that in situationsinvolvingo- copying fees in excess of$100.00, requesters shall be required topay in advance for the service to be pro-vided. As indicated by the proposed revi-sions to § 389.14, when payment in ad-vance Is required, requesters will bepromptly notified of the amount due and,after payment has been received by theBoard, the requested service will beprovided.

PROPOSED RULE

It is proposed to amend Part 310 of theBoard's Procedural Regulations andParts 385 and 389 of its Organization

FEDERAL REGISTER, VOL 40, NO. il-THURSDAY, JANUARY 16, 1975

PROPOSED RULES

Regulations (14g-CFR Parts 310, 385 and389) as follows:

'PART 310-INSPECTION AND COPYINGOF BOARD OPINIONS, ORDERS ANDRECORDS1. Amend- the Table of Contents so as

to revised the caption of § 310.5, asfollows:Sec. -.10.5 Fees for locating and copying records.

* 2. Amend § 310.5 to read as follows:

§ 310.5 Fees for locating and copyingxecords.

Appropriate fees for locating andcopying Board records are prescribed inPart 389 of this chapter.

PART 385--DELEGATIONS AND REVIEWOF ACTION UNDER DELEGATION; NON-HEARING MATTERS3. Amend § 385.12, by adding a new

paragraph (d), to read as follows:

§385.12 Delegation to the ManagingDirector.

-(d) Receive and determine applica-tions for waiver or modification of pre-scribed fees for search and duplicationservices when such applications accom-pany requests for such services pursuantto § 389.14 of this chapter.

PART 389-FEES AND CHARGES FORSPECIAL SERVICES

4. Amend the Table of Contents, so asto revised the caption of § 389.14, asfollows:Sec.389.14 Locating and copying records and

documents.

5. Amend § 389.11, by revising para-graph (a), to read as follows:§ 389.11 Services availabLe.

Upon request * * *(a) Locating and copying records and

documents.

(c) Where the fee for service re-quested hereunder will exceed $100.00,the service will not be performed untilpayment has been received. In suchcases, the requester will be notifiedpromptly of the amount of the fee, andthe requested service will be performedas expeditiously as practicable followingreceipt of such payment.(d) Applications may be filed request-

ing waivers or modifications of any feesrequired to be paid under this 4ection inaccordance with the following:

(1) Each applicant shall set forthbriefly and succinctly the relief that Itseeks and the reasons why such reliefshould be granted. Waivers or modifi-cations of stated fees shall" be grantedonly where it Is demonstrated that suchaction Is in the public Interest becausefurnishing of the Information requestedcan be considered as primarily benefit-ing the general public.

(2) Applications requesting waivers ormodifications of fees under this sectionshall be "addressed to the Managing Di-rector, who has been delegated authorityby the Board to decide such applicationsin § 385.12 of this chapter, and shall ac-company the request for service underthis section.

(3) The Managing Director shalleither rule on the application, or at hisdiscretion, pass the matter on to theBoard for its determination. In actingupon such applications the M agingDirector and the Board, where applica-ble, shall be guided by the proceduresand requirements of § 310.9(d) of thischapter.

(4) A decision by either the ManagingDirector or the Board pursuant to para-graph (d) (3) of this section is final andwill not be subject to petitions forreconsideration.[FR Doc.75-1520 Filed 1-15-75;8:45 am]

CONSUMER PRODUCT SAFETYCOMMISSION

E 16 CFR Part 1700 3CERTAIN PREPARATIONS CONTAINING

- - I * I1.v ie

6 Amend § 389.14 to read as follows: Proposed Child-Resistant Packaging

§ 389.14 Locating and copying records Standardsand documents. The purpose of this document s to

Public records' and documents on file propose child-resistant packaging stand---with t Civil Aeronautics Boardill be ards for certain preparations containinglocted and Chv A opuis hr .y iron. The accidental ingestion of suchlocated , -suc coie ,heeo a a preparations has been a significant cause

be practicable to furnish will be provided praatoshsbeasinfctcueupon request therefor and 'payment of hospitalizations and fatalities of chil-fees as set forth below: . dren younger than 5 years of age." (a) There slall be no charge in con- Background. Acute accidental poison-.nection-with searches for records or doc- Ing from iron began to occur with greateruments under this chapter. frequency when iron became widely used

- (b) Copies of recor d i or documents as a therapeutic agent for the treatmentare made by Board facilities, or by non- of anemia in 1947. Since that time, aGovernment'contractors. significant number of iron poisonings In

(1) The fee for photocopying will be -children younger than 5 years of age hasit the rateof 15'cents per page. -occurred.

(2) The fee for copying by non- Acute iron poisoning produces a cor-Government contractors will be that es-tablished in the contracts with the Board roslon of the gastrointestinal tract (prl-and will be billed -directly by such marly the stomach and the illuni).

- contractors. - " Death may occur from shock within 4 to

2827

6 hours or from cardiovascular collapsewithin 1 to 3 days.

Data from the National Clearinghousefor Poison Control Centers on accidentalingestions of iron preparations of chil-dren under 5 years of age for the period1969-1973 show 543 hospitalizations.Data from the death certificates for1969-1972 sho-v 31 deaths of childrenyounger than 5 years of age from theaccidental ingestion of these products.These data do not specify the exactamounts ingested by the children, nordoes the medical literature in the fieldrecognize any precise lethal or toxic dose.Evidence does establish, however, that a3-gram dose of ferrous sulfate (the mostcommon iron salt) is fatal for a humanbeing. On the basis of this evidence, ithas been estimated that a dose of onegram of iron could produce death In achild younger than 5 years of age. Thisfigure, however, does not leave room forvariability in body weight of children-under 5 years of age or for variable sus-ceptibility in children of the same size.

Conclusion and proposaL Therefore,considering the available data on injuriesand the lack of concrete data on hazard-ous levels of Iron, and after consultation,pursuant to section 3, with the TechnicalAdvisory Committee established in ac-cordance with section 6 of the PoisonPrevention Packaging Act of 1970, theCommison proposes that any animaland human drugs (except for injectabledrugs) and any dietary supplements asdefined in proposed 16 CR 1700.1 (a) (3)below, that provide an equivalent of 500milligrams or more of elemental ironper package shall require special pack-aging. This level provides a reasonableand necessary margin of safety in orderto protect even the small toddler fromserious illness. Since the Commissionrecognizes that neither the true toxicdose nor the lethal dose of iron has beenestablished for children younger than 5years of age, Interested persons are n-vited to submit any data that would en-able the Commission to establish a moreaccurate level of iron beloiw which seriousIllness n children younger than 5 yearsof age would not occur.

On the basis of preliminary contactwith a number of packaging manufac-turers, and pursuant to section 3(a) (2)of the act, the Commission finds that thespecial packaging proposed herein is:

1. Technically feasible because tech-nology exists to produce special packag-ing conforming to these standards. -

2. Practicable In thatthe speciWlpack-aging is susceptible to modern mass pro-duction and assembly line techniques.

3. Appropriate since such special pack-aging is not detrimental to the Integrityof the substance and will not interferewith its storage or use.

The Commission recognizes that thepackaging manufacturers' ability to sup-ply closures prior to the effective date ofspeial packaging standards is partiallydependent upon the speed with whichpackagers of substances subject to thestandards place orders for packaging.Given the number of hospitalizations and


PROPOSED RULES

fatalities that have occurred as a resultof the accidental ingestion of iron-con-taining preparations by children under5 years of age, the Cdmmlssion suggeststhat packagers of iron preparations sub-ject to these proposed requirements be-gin Immediately to obtain the necessaryspecial packaging. Due to the seriousdanger posed by these iron preparations,the Commission intends that these regu-lations, If adopted, be made effective 6months after their date of profnulgationin the FEDERAL REGISTER and invites com-ments on this intention.

Accordingly, pursuant to the provisionsof the Poison Prevention Packaging Actof 1970 (sees. 2(4), 3, 5, 84 Stat. 1670-72(15 U.S.C. 1471(4), 1472, 1474)) and un-der authority vested in the Commissionby the Consumer Product Safety Act(Sec. 30(a), 86 Stat. 1231 (15 U.S.C. 2079(a))), the Commission proposes that 16CFR Part 1700 be amended:

1. By adding new subparagraph (3) to§ 1700.1 (a), as follows:§ 1700. Definitions.

(a) * * *(3) "Dietary Supplement" means any

vitamin and/or mineral preparation of-fered In tablet, capsule, wafer or othersimilar uniform unit form; in powder,granular, flake, or liquid form; or inthe physical form of a conventional foodbut which is not a conventional food;and which purports to be or is repre-sented for special dietary use by humansto supplement their diets by increasingthe total dietary intake of one or moreof the essential vitamins and/or minerals.

2. By adding a new subparagraph (12)to § 1700.14(a), as follows (although un-changed, the introductory text of§ 1700.14(a) is Included below for con-text) :§ 1700.14 Substances requiring special

packaging.(a) Substances. The Commission has

determined that the degree or nature ofthe hazard to children in the availabilityof the following substances, by reasonof their packaging, is such that specialpackaging is required to protect childrenfrom serious personal Injury or seriousillness resulting from handling, using,or ingesting such substances, and thatthe special packaging herein required Istechnically feasible, 'practicable, andappropriate for these substances:

(12) Iro preparations. Animal andhuman drugs (except for injectabledrugs), and dietary supplements, as de-fined in § 1700.1 (a) (3), that provide anequivalent of 500 milligrams or more ofelemental Iron per total package, shallbe packaged in accordance with the pro-visions of § 1700.15 (a), (b), and (c).

Interested persons are invited to sub-mit, on or before March 17, 1975, writtencomments regarding this proposal. Com-ments and any accompanying data ormaterial should be submitted, prefer-ably in five copies, addressed to theSecretary, Consumer Product SafetyCommission, Washington, D.C. 20207.

Comments may be accompanied by amemorandum or brief in support there-of. Received. comments may be seen inthe Office of the Secretary, 10th floor,1750 K Street NW, Washington, D.C.rduring working hours Monday throughFriday.

Dated: January 13, 1975.

SADYn E. DuNN,Secretary, Consumer Product

Safety Commission.[FR Doc.75-1439 Filed 1-15-75;8:45 aml

FEDERAL COMMUNICATIONS.COMMISSION[ 47 CFR Part 73 ]

[Docket No. 20319; EM-2236]

TABLE OF ASSIGNMENTS

FM Broadcast Stations1. Notice of proposed rule making is

hereby given of proposed amendment of§ 73.202(b) of the rules, the FM Table ofAssignments. The proposed amendmentwould add a Class A FM assignment atBangor, Maine which presently has twoClass B assignments.

2. Bangor, Maine (pop. 33,168) ,z is theseat of Penobscot County (pop. 125,393).It is the third largest city in Maine andis located in the eastern portion of theState, approximately 50 miles from theAtlantic Ocean. Penobscot Valley Broad-casting System, Inc. (Penobscot), thepetitioner, states that Bangor's indus-trial base consists of shoe manufactur-ing, woodworking, forging and foodprocessing and that new area industryincludes operations in aircraft mainte-nance, food processing, machine parts,house and vacation home manufacturing,and chemical processing. The petitionercites the deactivation of Dow Air ForceBase in 1968 as a critical event forBangor. It quotes an article which ap-peared in a nationwide magazine, detail-ing how Bangor planned and carried outthe conversion of this base into an inter-national airport adding 800 civilian jobsto the area instead of merely bemoaningthe shutoff of military spending. Penob-scot avers that Bangor's sharp growth invarious economic sectors has been morethan paralleled by the city's emergingstatus as an educational center. It indi-cates that the University of Maine'sprincipal campus at Orono, eight milesnortheast of Bangor, has burgeoned to7,500 students, that campus sports andconference activities draw several thou-sands of persons to the area each yearand that the recently established SouthCampus at Bangor International Alrport,which in 1970 was inaugurated as a newarea-wide community college, has 1,200students.

3. Penobscot submits three alternativeproposals. One of these proposals re-quests that Chhnnel 232A, presently as-

Alternatively it Is proposed that a hy-phenated Bangor-Ellsworth assignmentof Channel 232A be made. The petitionerindicates that these proposals would in-volve short-spacing of 8.1 miles to firstadjacent Channel 233C at Woodstock,New Brunswick. Under the 1947 U.S.-Canadian Working Agreement the con-templated assignment would require theconcurrence of the Canadian Govern-ment. It is the Commission's view thatthis course should not be taken whore,as here, other channels that could pro-vide equal service are available. There-fore, the Commission will not considerthese two alternative proposals.'

4. The remaining proposal requeststhe assignment of Channels 265A and280A to Bangor. Penobscot has indicatedthat it will apply for authorization tooperate on either of these channels Ifthey are assigned. The Commission willnot propose assignment of both chan-nels but will propose alternate Psign-ments instead. A staff study indicatesthat assignment of Channel 265A wouldresult in preclusions affecting a signifi-cantly greater number of persons thanwould the 280A proposal. However, inorder to keep its options open, the Com-mission is considering both alternatives,The Channel 265A proposal would resultin significant preclusion on Channels264, 265A and 266; the Channel 280Aproposal would result in significant pre-clusion on Channels 278 and 280A Pen-obscot, in its engineering statement, in-dicates that the only communities withinthe preclusion areas of the proposed as-signments with populations of 5,000 ormore are Bangor, Millinocket and Bel-fast. Millinocket was recently assignedChannel 249A ' and Penobscot avers thatChannels 269A or 272A may be assignableto Belfast. Penobscot further states thatthere are a number of unoccupied as-signments within and near the precludedareas that could serve those areas. These,it avers, are 224A at Calais, 261A at Hob-ton, 237A at Machias, 257A at Lincoln'and 276A at Dover-Foxcroft, all inMaine.

5. The Commission is particularly con-cerned about possible preclusions result-ing from the proposed assignments be-cause amendment of the FM Table ofAssignments to add channel assignmentsto the state is already comlJlicated byMaine's proximity to Canada. Further,the areas involved are made up of smallcommunities (most with populations un-der 2,500). For example, approximatelyhalf of Penobscot County's population iscentered in only five communities(Bangor, 33,168; Brewer, 9,300; Mil-linocket, 7,742; Old Town, 9,057; andOrono, 9,989). The remainder of the

sIn view of this decision. the Comm'lIonneed not consider a statement In oppositionto the 232A proposals submitted (by letter)

signed to Ellsworth, Maine, be deleted - Broadcasting Corporation, tho liconsco offrom Ellsworth and assigned to Bangor. Station WvvITQ, Mount Washington, NoW

_ ampshire.A47 F.C.C. 2d 787.

'AII population figures are from the 1970 &However a construction permit for thlaU.S. Census. channel was granted on July 22, 1974.


I PROPOSED RULES

population is. contributed by 58 separatecommunities, all with populations under5,000 (70 percent under 1,000. As such,a showing of precluslons caused to com-munities withpopulationof 5,000 or moreis inadequate in the instant proceeding.An assignment predicated on such datacould result in foreclosure from. futureassignments to clusters of communitieswithin the preclusion area that arepresently receiving inadequate local serv-ice. The petitioner should therefore sub-mit a showing as to communities in thdpreclusion areas that have populationsgreater than 2,500 and should indicatewhat FM channels or service, if any, areassigned,or available for assignment toeach such community.

6. Bangor is presently served by 2 full-time AM stations, 1 daytime-only Allstation and one Class B FAE station. Inaddition, applicationh are pending for aconstruction permit to operate on Class

B. Channel 225, assigned to Bangor.'Ordinarily, such service is regarded' asadequate for a city of Bangor's size andpopulation. Penobscot should thereforejustify the need for another assignmentto Bangor. Penobscot may wish to con-sider, among other-things, the social andeconomic relationships that exist be-tween Bangor and the communities ofBrewer (pop. 9,300), Old Town (pop.9,057) and Orono (pop. 9,989), all ofwhich are located within 10 miles ofBangor andnone of which have commer-cial AM or F facilities or assignmentsof their own.' In addition, the Commis-sion is-interested in considering counter-proposals proposing assignments tothese communities and expressing an in-tent to apply for a.license to operate onthem if the counterproposals aregranted-

7. Bangor Broadcasting, Cdrporation,an applicant for the Channel 225 Bangorassignment, has filed comments support-ing the assignment of a third FM chan-nel to Bangor! However, it contendsthat a Class A assignment could notrender adequate service to this areawhich presently has; two Class B assign- -

-ments. Bangor Broadcasting thereforeurges that the Commission assign an-other Class B channel -to Bangor! Itwould appear that a Class B assignmentwould be more appropriate than a Class

-A assignment. This would avoid inter-

&See, footnote 7.-P Noncommercial educational Station

WEB-FAT operating on Channel 220A atOrono, is licensed to the University of Mianeas is M H-FJf operating on Channel 215Bat Bangor. Also WHSN at;Bangor-holds a con-struction permit for 10 watts on Channel 207.

7 There are competing applications for thisassignment and they were designated, for acomparative hearing. In that proceeding(Docket Nos. 19165 and 19166) BangorBroadcasting Corporation was granted aper-mit to construct on Channel 225. However.theother partyto the proceeding, PenobscotBroadcasting Corp. (not the petitioner in the-instant rule making) has fied exceptions tothis grant as hasthe Broadcast Bureau whichrecommends that the Bangor BroadcastingCorp. application. be denied.

sBangor Broadcasting does not propose aspecific channel for assignment to- Bangor.

mixture of classes and would therebyplace all competitors for the Bangormarket on an equal footing. As such, In-terested parties may indicate whethera Ctass B. assignment. is available and,if one is, should submit a preclusionstudy along lines set out above in para-graph 5. In addition. if a Class B chan-nel is available and desired, proponentsof such an assignment should state theirintent to apply for authorization to usethe channel if it is assigned, and If au-thorized, to build the station promptly.

8. It Is the Commission's opinion thatthe aforementioned alternate proposalsmerit further exploration in a rule mak-ing proceeding. Therefore, pursuant toauthority contained in sections 4(), 303,307(b) and 5(d) (1) of the Communica-tions Act of 1934, as amended, and§ 0.281(b) (6) of the Commission's rulesand regulations, It is proposed to amend§ 73.202(b) of the Commission's rulesand regulations, the FM Table of Assign-ments, as follows:§ 73.202 Table of assignments.

(b)

Channel No.City

Bangor, Malne- -., ... 22, M~. Z5, 210, 252oralternativdy

9. Showing required. Comments'areinvited on the proposals discussed andset forth above. Penobscot Valley Broad-casting System, Inc. Is expected to filecommhents even If it only resubmits or In-corporate by reference Its former plead-ings. Penobscot Valley Broadcasting Sys-tem, Inc. should also restate Its presentintention to apply for authorization touse the channel if It Is assigned, and ifauthorized, to build the station promptly.Failure to file may lead to denial of therequest.. 10-. Cut-off procedure. The followingprocedures will govern the considerationof filings in this proceeding:

(a) Counterproposals advanced in thisproceeding itself will be considered, If ad-vanced in Initial comments, so thatparties may comment on them in replycomments. They will not be consideredif advanced in reply comments. (See§ 1.420(d))

(b) With respect to petitions for rulemaking which conflict with the proposalin- this Notice, they will be considered ascomments in this proceeding, and PublicNotice tothis effect will be given. as longas they are flied before the date for finginitial comments herein. If filed laterthan that, they will not be considered inconnection with the decision herein.

11. Pursuant to applicable proceduresset out in §§ 1.415 and 1.420 of the Com-mission's rules and regulations, inter-ested parties may file comments on orbefore March 11, 1975, and reply com-ments on or before March 31, 1975. Allsubmissions by parties to this proceedingor persons acting on behalf of suchparties, must be made In written com-

ments, reply comments, or other appro-plate pleadlng.

12In accordance withthe provisions of1.419 of the rules and regulations, an

original and 14 copies of all comments,reply comments, pleadings, briefs, andother documents shall be furnished theCommission. These will be available forpublic Inspection during regular businesshours In the Commisslon's Public Refer-ence Room at Its Headquarters, 1919 IdStreet NW, Washington, D.C.

Adopted: January 7, 1975.Released: January 10,1975,

FEDERAL COrnMICA=ONSCcemxrssioar.

[sEAL! WALLAcz .E. JoHsoN,Chfef, Broadcast Bureau.

IFI Doc.=5-1481 Filed 1-15--75.8:45 am.i

VETERANS ADMINISTRATION

E3CFR Part I IRELEASE OF INFORMATION FROMOTHER THAN CLAIMANT RECORDS

Proposed Regulatory DevelopmentNotice is hereby given that the

Veterans Administration is consideringamending §L1.550 through 1.559 of Title38, Code of Federal Regulations. Theproposed revision Implements the pro-visions of Pub. I.. 93-502 (88 Stat. 1561>of November 21. 1974, effective Febru-ary 19, 1975, which amends section 552,title 5, United States Code.

The § 1.550 series, Part 1, Code of Fed-eral Regulations, concern availabilityand release of information from files,records, reports, and other papers anddocuments in Veterans Adminstrationcustody-other than those pertaining toclaims under any of the laws adminis-tered by the Veterans Administtion(for which see §§ 1.500 through 1.527).

Section 1.551 Is amended to updateposition titles. Section 1.552 Is amendedto update position titles and to define in-dexing requirements in accordance with5 U.S.C. 552(a) (2). Section 1.553 isamended to substitute "reasonably de-scribed"for "identifiable" records, and to-adld the requirement that requests con-form with published rules, in accordancewith 5 U.S.C. 552(a) (3). Section 1.553 isalso amended to correct a title. Section1.553a is new and Implements the pro-visions of 5 U.S.C. 552(a) (6) regardi-ntime limitations on Veterans Administra-tion responses to requests for recordsin accordance with amendments madeby Pub. L. 93-502. Section 1.554(a) isamended to provide for disclosure of rea-sonably segregable portions of materialotherwise exempted therein. Section1.554(a) (1) is amended to provide thatmaterial required to be exempted underthis category be authorized under cri-terla established by executive order andbe in fact properly classified pursuant tosuch executive order. Section 1.554(a)(7) Is amended to substitute investiga-tory "records" for "files," to implement5 U.S.C. 552(b) and to enumerate sixgrounds for withholding disclosure inlieu of the superseded ground of avail-ability by law to a private party. Section


PROPOSED RULES

1.555 (a) and (b) is amended to imple-ment the provisions of 5 U.S.C. 552(a)(4) which provides that charges be madein accordance with a uniform scheduleof fees, pursuant to notice and receipt ofpublic comment, designed to recover onlythe reasonable, standard, direct costs formanhours and resources expended in theareas of document search and duplica-tion regarding materials to be madeavailable to the public under §§ 1.552 and1.553. Section 1.555(g) is new and hasbeen added to implement the provisionsof 5 U.S.C. 552 (a) (4) (A), which providesthat documents will be furnished withoutcharge or at a reduced rate where theVeterans Administration determines thatwaiver or reduction of the fee is in thepublic interest because furnishing theinformation can be considered as pri-marily benefiting the general public.Section 1.555(h) is new. It provides for auniform schedule of fees, limited to rea-sonable, standard charges for the re-covery of direct costs for documentsearch and duplication, as authorized by5 U.S.C. 552(a) (4), in order to carry outits provisions. Section 1.556 is amendedto substitute "reasonably described" for-"Identifiable" in the heading in accord-ance with 5 U.S.C. 552(a) (3). The textis amended to correct a position title andthe former paragraph (b) is amendedand transferred to § 1.557. Section 1.557is amended to add former paragraph (b)of § 1.556 as amended, to provide thatrequesters, when informed in writing ofdenials, in addition to other informa-tion be informed of the names and titlesor positions of each person responsiblefor the denial of such request, as pro-vided by 5 U.S.C. 552 (a) (6) (C), and thatdenials may be appealed to the Admin-istrator. Section 1.558 is amended to up-date the legal reference. Section 1.559 isnew. It is added to implement the pro-visions of 5 U.S.C. 552(d), which requiresthat the Administrator submit an annualreport to Congress on or before March 1of each calendar year, consisting of com-pilations of various data. This reportwill be compiled by the Controller. Inaddition minor editorial changes aremade to reflect agency policy of usingprecise terms denoting gender.

nterested persons are invited to sub-mit written comments, suggestions, orobjections regarding the proposal to theAdministrator of Veterans Affairs(271A), Veterans Administration, 810Vermont Avenue NW., Washington, DC20420. All relevant material received be-fore February 18,1975, will be considered.Al written comments received will beavailable for public inspection at theabove address only between the hours of8 am and 4:30 pm Monday through Fri-day (except holidays), during the men-tioned 30-day period and for 10 daysthereafter. Any person visiting CentralOffice for the purpose of inspecting anysuch comments will be received by theCentral Office Veterans Assistance Unitin room 132. Such visitors to any VA fieldstation will be informed that the recordsare available for Inspection only in Cen-tral Office and furnished the address andthe above room number.

Notice is given that It Is proposed tomake these amendments effective Febru-ary 19, 1975.

1. The note immediately preceding§ 1.550 Is revised to read as follows:

NoTE. Sections 1.550 through ;.559 con-cern the availability and release of informa-tion from files, records, reports, and otherpapers and documents In Veterans Admin-Istration custody other than those pertain-Lug to claims under any of the laws admin-istered by the Veterans Administration. Asto the release of Information, from Vet-erans Administration claimant, records, see§§ 1.500 through: 1.527. Section 1.550 seriesimplement the provisions of 5 U.S.C. 552.

2. Section 1.550 is revised to read asfollows:§ 1.550 ' General.

The Veterans, Administration's ,policyis one of disclosure of information fromagency records to the extent permittedby law. This includes the release of ii-formation which the Veterans Adminis-tration is authorized to withhold under5 U.S.C. 552(b) (see § 1.554) if it is de-termined (a) by the Administrator ofVeterans Affairs or the Deputy Adminis-

,trator that disclosure of such informa-tion will sere a useful purpose or (b) bya department, staff office, or field stationhead or designee under § 1.556(a) thatdisclosure will not adversely affect theproper conduct of official business orconstitute an' invasion of personalprivacy.

3. In § 1.551, paragraph (a) and the.introductory portion of paragraph (b)'preceding subparagraph (1) are revisedto read as follows:§ 1.551 Publication in the Federal Reg-

ister as constructive notice of infor.mation that affects the public.

(a) The Assistant Administrator forPlanning and Evaluation, with the ap-proval of the Administrator, will submitto the Director of the Federal Register,for publication for the guidance of thepublic, descriptions of Veterans Admin-istration organization and functionalresponsibilities, Central Office and field,and the designations of places at whichthe public may secure information, ob-tain forms and applications, make sub-mittals or requests, or obtain decisions.Such descriptions and designations willbe maintained current through submis-sion, for publication, of all amendments,revisions, or repeals of the foregoing.

(b) Department and Staff officeheads will develop, with the approval ofthe Administrator, for submission by theAssistant Administrator for Planningand Evaluation to the Director of theFederal Register, for publication for theguidance of the public, Veterans Admin-istration regulations containing:

4. In § 1.552, paragraph (a) and (b)are revised to read as follows:§ 1.552 Public access to information

that affects the public when not pub-lished in the Federal Register as con-structive notice.

(a) All final orders in such actionsas entertained by the Contract Appeals

Board, those statements of policy andinterpretations adopted by the VeteransAdministration but not published In theFEDERAL REGISTER, and administrativemanuals and staff instructions that af-fect any member of the public, unlesspromptly published and copies offeredfor sale, will be kept currently indexedby the office of primary program respon-sibility or the Manager, AdministrativeServices, as determined by the Adminis-trator or designee, Such index or in-dexes or supplements thereto will bepromptly published, quarterly or morefrequently, and distributed (by sale orotherwise) unless the Veterans Adnilnis-tration determines by order publishedin the FEDERL REGISTER that publica-tion would be unnecessary and Imprac-ticable, in which case the VeteransAdministration will nonetheless provideCopies of such index or indexes or sup-plements thereto on request at a cost notto exceed the direct cost of duplication,Both the index and the materials in-dexed as required by this paragraph willbe made available to the public, for in-spection and copying. Public readingfacilities for this purpose will be main-tained in Veterans Administration Cen-tral Office and Veterans Administrationfield stations, open to the public duringthe normal duty hours of the office inWhich located. Orders made In the ad-judication of individual claims underlaws administered by the VeteransAdministralton are confidential andprivileged by statute (38 U.S.C. 3301)and so are exempt from this require-ment.

(b) The voting records of the Con-tract Appeals Board will be maintainedIn a public reading facility In the Officeof the Board in Central Office and madeavailable to the public upon request.

5. Section 1.553 Is revised to read asfollows:

§ 1.553 Public.acccss to other reasonablydescribed records.

- Reasonably described records in Vet-erans Administration custody, or copiesthereof, other than records made avail-able to the public under the provisionsof §§ 1.551 and 1.552, requested In ac-cordance with published rules statingthe time, place, fees (if any), and pro-cedures to be followed, will be madepromptly available, except as providedin § 1.554, to any person upon request,Such request must be in writing, over thesignature of the requester and mustcontain a reasonable description of therecord desired so that It may be lo-cated with relative ease. The requestshould be made to the office concerned(having jurisdiction of the recorddesired) or, if not known, to the DlIrec-tor or Veterans Services Officer In thenearest Veterans Administration re-gional office or to the Veterans Adminis-tration Central Office, 810 VermontAvenue, NW., Washington, DC 20420.Personal contacts should normally bemade during the regular duty hours ofthe office concerned, which are 8 am to4:30 pm Monday through Friday for


PROPOSED RULES-

Veterans Adminitration Central Officeand most field stations.

6. Section 1.553a is added toread asfollows: --

§ 1.553a Tune limits for Veterans Ad-ministration response to requests forrecords.

(a) 'When a request for records made-under §1.5517 1.552 or § 1.553 is receivedit will be-promptly referred for action tothe p-roper employee designated in ac-cordance with § 1.556 to take initial ac-tion on granting or denying requests toinspect or obtain information from orcopies of the records described.

(b) Any such request will then bepromptly evaluated and a determinationmade within 10 days (excepting Satur-days;. Sundays, and legal public holidays)after the receipt of the request whetherthe Veterans Administration will complywith- the request. Upon determination to

- comply or deny the request the personmaking the request will be notified im-mediately of the determination and thereasons therefor, and of the right of theperson to appeal to the Administrator ofVeterans' Affairs any adverse determina-tion. Records to:be furnished will be sup-

_ plied promptly. -(c) Upon receipt of such an appeal

from an adverse determination it Will beevaluated and a further determinationmade within 20 days (excepting Satur-days, Sundays, and legal public holidays)after receipt of the appeal If on appealthe denial is in whole or in part upheldthe, Veterans Administration will notifythe requester of the provisions for jn-dicial review of this determination. (See§§ 1.557 and 1.558.)

Cd) In unusual circumstances, specif-ically as follows, the time limits in para-graphs (b) and (c) of this section maybe extended by. written notice to therequester setting forth the reasons forsuch extension and the date on which adetermination is expected to be dis-patched. The date specified will not re-sult in an extension for more than 10working days. "Unusual circumstances"-will be interpreted to mean, but only tothe extent, reasonably necessary to theproper -processing of theparticular re-quest, as follows:(1) The-need to search for and collect

the requested records from field faci-ties or other establishments that are sep-arate from the office processing therequest;,,

(2) The need to search for, collect, andappropriately examine a- voluminousamount of separate and distinct recordswhich are demanded in a single request;or

(3) The need for consultation, whichshall be conducted with all practicablespeed; with another agency having a sub-stantial interest in the determination, ofthe request or among two or more com-ponents 'of the Veterans Administrationhaving substantial subject-matter inter-est therein.

(e)-Pursu2nt.to section 552(a) (6), titleS5, United States Code, any person mak-

ing a request to -the Veterans Adminis-tration for records under section 552(a)(1). (2) or (3) (see §§ 1.551. 1.552 and1.553) will be deemed to have exhaustedhis or her administrative remedies withrespect to such request if the VeteransAdministration fails to comply with theapplicable time limit provisions of thissection. If, however, the Government canshow. exceptional circumstances existand that the Veterans Administration isexercising due diligence in responding tothe request, the statute also permits thecourt to retain jurisdiction and allow theVeterans Administration additional timeto complete its review of the records.

() Requests for the release of Infor-mation from files, records, reports, andother papers and documents in VeteransAdmini tration custody pertaining toclaims under any of the laws adminis-tered by the Veterans Administration(covered by §§ 1.500 through 1.527) mayalso be initiated under 5 U.S.C. 552. Suchrequests will also be evaluated, a deter-minaton made within 10 days (exceptingSaturdays, Sundays, and legal publicholidays) after the receipt of the requestwhether the Veterans Administrationwill comply with the request, and the re-quester notified immediately of the de-termination and the reasons therefor,and of the right of the person to appealto the Administrator of Veterans' Affairsany adverse determination. Records tobe furnished will be supplied promptly.

7. In § 1.554, paragraph (a) (1) and (7)is revised to read as follows:§ 1.554 Exemptions from public access

to agency records.

(a) The exemptions in this paragraphconstitute authority to withhold fromdisclosure certain categories of informa-tion in Veterans Administration recordsexcept that any reasonably segregableportion of a record shall be provided toany person requesting such record afterdeletion of the portions which are exemptunder this paragraph.

(1) Specifically authorized under cri-teria established by an Executive orderto be kept secret in the interest of thenational defense- or foreign policy, andare in fact properly classifled pursuantto such Executive order.

(7) Investigatory records compiled forlaw enforcement purposes but only tothe extent that the production of suchrecords would:

(I) Interfere with enforcement pro-ceedings;*

(0 Deprive a person of a right to afair trial or animpartial adjudication:

(riI) Constitute an unwarranted inva-sion of personal privacy;

(iv) Disclose the identity of a confl-dential source and, in the case of a rec-ord compiled by a criminal law enforce-ment authority in the course of acriminal investigation, or by an agencyconducting a lawful national securltyintelligence investigation, confidentialinformation furnished oqy by the con-fidential source;

(v) Disclose investigative techniquesand procedures; or

(v) Endanger the life or physicalsafety of law enforcement personnel

8. In § 1.555. paragraphs (a) and (b)are revised and paragraphs (g) and (h)are added so that the added and revisedmaterial reads as follows:§ 1.555 Fees.

(a) Charges will not be made for theuse of reading facilities for examinationof materials which are to be availableto the public under § 1.552. Charges wilbe made, except as provided in para-graphs (c), d), (e), (W, and (g) of thissection, in accordance with the uniformschedule of fees In paragraph (h) of thissection, established pursuant to notice inthe FD nAr REGsirs , and receipt of pub-lic comment, to recover only the reason-able, standard, direct costs for docu-ment search and duplication of such ma-terials in response to requests from thepublic. The desired copy will not be de-livered, except under court subpoena,until the full amount of the lawfulcharge is deposited. Any excess depositedover the lawful charge will be returned-

(bi Charges will be made, except asprovided in paragraphs (c), (d), (e), Ci),and (g) of this section, on each requestfrom the public to examin- copy, or toba furnished copies of other reasonablydescribed records under § 1,553. Suchcharges, in accordance with the uniformschedule of fees in paragraph (h) of thissection will be made to recover only thereasonable, standard, direct costs forsuch document search and, if required,duplication of copies. Searches will notbe undertaken until the requester haspaid, or has provided sufficient assuranceof payment of whatever fee Is determinedto be appropriate. Desired copies will notbe delivered, except under court sub-poena, until the full amount of the lan-ful charge Is deposited. Any excess de-posited over the lawful charge will bereturned. When a deposit s received witha reque3, such a deposit will be returnedif the request is denied.

(g) Documents and services wi befurnisied without charge or at a re-duced charge where the station headsor responsible Central Office officials de-termine that waiver or reduction of thefee is In the public interest because fur-nishing the information can be consid-ered as primarily benefiting the generalpublic.

(h) Schedule of fees:(C) Photocopy reproductions from all

types of copying processes, each repro-duction image $0.05

(2) Searching, per hour (minimumcharge one-half h2our)-..... $3.50

(3) The above search fee s not appli-cable to computerized record searches.In situations involving the use of corm-puters to locate and extract the requestedinformation. charges will be based onlyon the direct cost to the agency, Incluid-ing labor, material and computer time.

FEDERAL REGISTER, VOL 40, NO. l-ThURSDAY, JANUARY 16, 1975

2831

2832

(4) Where the Veterans Administra-tion undertakes to perform for a re-quester or for any other person serviceswhich are very clearly not Tequired tobe performed under section 552, title 5,United States Code, either voluntarily orbecause such services are required bysome other law (e.g., the formal certifi-cation of records as true copies, attesta-tion under the seal of the agency, crea-tion of a new list, etc.), the question ofcharging fees for such services will bedetermined by the official or designeeauthorized to release the informationunder § 1.556, In the light of the federaluser charge statute, 31 U.S.C. 483a, anyother applicable law, and the provisionsof § 1.526(i).

9. Section 1.556 is revised to read asfollows:

§ 1.556 Requests for other reasonablydescribed records.

Each department, staff office, and fieldstation head will designate an em-ployee(s) who will be responsible -forInitial action on (granting or denying)requests to inspect or obtain informationfrom or copies of records under theirJurisdiction and within the purview of§ 1.553. This responsibility includes main-taining a uniform listing of such requests.Data, logged will consist of: Name andaddress of requester; date of receipt ofrequest; brief descril#tion of request;action taken on request, granted ordenied; citation of the specific sectionwhen request Is denied; and date of replyto the requester. Any legal question aris-ing in a field station concerning the re-lease of information will be referred tothe appropriate District Counsel for dis-position as contemplated by § 13.401 ofthis chapter. In Central Office such legalquestions will be referred to the GeneralCounsel. Any administrative question willbe referred through administrative chan-nels to the appropriate department orstaff office head. All denials or proposeddenials at the Central Office level willbe coordinated with the Director,- In-formation Service as well as the GeneralCounsel.

10. Section 1.557 is revised to read asfollows:§ 1.557 Administrative review.

(a) Upon denial of a request, the re-sponsible Veteraps Administration officialor designated employee will inform therequester in writing of the denial, citethe specific exemption in § 1.554 uponwhich the denial is based, set forth thenames and titles or positions of each per-son responsible for the denial of suchrequest, and advise that the denial maybe appealed to the Administrator.

(b) The final agency decision in suchappeals will be made by the Adminis-trator or Deputy Administrator.

11. Section 1.558 is revised to read asfollows:§ 1.558 Judicial review.

Any person from whom the VeteransAdministration has withheld informatioror records after proper request as pro-

PROPOSED RULES

vided in § 1.553 may file a complaint Inthe appropriate United States districtcourt as provided in 5 U.S.C. 552(a) (4).The district court review is designed tofollow final action at the agency headlevel.

12. Section 1.559 is added to read asfollows:§ 1.559 Annual report to Congress.

(a) On or before March 1 of eachcalendar year the Administrator willsubmit a report to the Speaker of theHouse of Representatives and the Presi-dent of the Senate for referral to the ap-propriate committees of the Congress.

(b) The report will be compiled bythe Controller and will include:

(1) The number of determinationsmade by the Veterans Administrationnot to comply with requests for recordsmade to the Veterans Administrationunder § 1.550 series and the reasons foreach such determination.

(2) The number of appeals made bypersons under § 1.550 series, the result ofsuch appeals, and the reason for the ac-tion upon each appeal that results in adenial of Information.

(3) The names and title or positionsof each person responsible for the denialof records requested under § 1.550 series,and the number of instances of partici-pation for each.

(4) The results of each proceedingconducted pursuant to 5 U.S.C. 552(a)(4) (F), including a report of the disci-plinary action taken against the officeror employee who was primarily respon-sible for improperly withholding recordsor an explanation of why disciplinaryaction was not taken.

(5) A copy of every regulation madeby the Veterans Administration regard-ing 5 U.S.C. 552. -

(6) A copy of the fee schedule and thetotal amount of fees collected by theVeterans Administration for making rec-ords available under 5 U.S.C. 552.,

(7) Such other information as indi-cates efforts to administer fully 5 U.S.C.552.

Approved: January 13, 1975.By direction of the Administrator.

[SEAL] ODELL W. VAUGHN,Deputy Administrator.

[FR Doo.75-1455 Filed 1-15-75;8:45 am]

ENVIRONMENTAL PROTECTION-AGENCY

[ 40 CFR Part 52 ][FR., 285-4]

r CONN4ECTICUT

Control of Air Pollution From FacilitiesOwned, Operated or Under Contract WithConnecticut Transportation AuthorityOn May 31, 1972 (47 FR 10842), pur-

suant to section 110 of the Clean Air Actand 40 CM Part 51, the Administratorinitially approved the State Plan for im-

* plementation of the National AmbientL Air Quality Standards in the State of- Connecticut. The Administrator's ap-

proval of the Legal Authority section ofthat Plan was based on the assumptionthat the State had the legal authorltyrequired by 40 CFR 51.11, including au-thority to prevent construction, modifi-cation or operation of any stationarysource where emissions from such sourceswill prevent the attainment or mainte-nance of a national standard.

Subsequently, the Connecticut Su-preme Court ruled in "Town of Green-wich v. Connecticut Transportation Au-thority et al.", (Connecticut Law Jour-nal, May 7, 1974, at 7) that ConnecticutGeneral Statutes Section 16-344 exemptsfacilities owned, operated or under con-tract with the Connecticut Transporta-tion Authority from the State Implemen-tation Plan. Therefore, under the pres-ent state of the law in Connecticut, theState does not have the legal authorityrequired by the Clean Air Act and EPAregulations to control a group of facil-ities controlled by the State In accord-ance with the State's ImplementationPlan. Insofar as such facilities are ex-empt from the Connecticut Implementa-tion Plan, the Plan does not meet therequirements of 40 CFR 51.11(a) andEPA hereby proposes under authorityof Section 110 of the Act, to disapprovethem to that extent.

Section 110(c) (2) of the Clean AirAct directs the Administrator to publishproposed regulations to be substitutedfor any portion of a plan submitted bya state which he determines not to be inaccordance with the requirements of sec-tion 110 of the Act, which regulationsshall become a part of the state Imple-mentation plan. The Administratorhereby proposes to promulgate regula-tions applicable to all ConnecticutTransportation Authority facilities,which regulations are Identical to Con-necticut Regulations for the Abatementof Air Pollution Sections 19-508-1through 19-508-25 inclusive.

Copies of the regulations which arebeing proposed are available for publicinspection during normal business hoursat the Office of Public Affairs, EPA, Room2203, John F. Kennedy Building, BostonMassachusetts 02203, and at the AirCompliance Unit, Connecticut Depart-ment of Environmental Protection, StateOffice Building, Hartford, Connecticut06115.

Notice is hereby given of a public hear-ing concerning the proposed regulationto be held on February 11 at 8 p.m.,Town Hall, Greenwich. The hearing willbe conducted informally. Technical rulesof evidence will not apply. Interestedpersons wishing to make a statement atthe hearing will be afforded the oppor-tunity to do so. The time for mating astatement will be limited. Such personsare requested to file a notice of their in-tention to make a statement no laterthan fifteen days prior to the hearingand, If practicable, to submit five copiesof the proposed statement to the Re-gional Administrator of the Environ-mental Protection Agency, Region I,JFK Building, Boston, Massachusetts02203. Interested parties are also invited


PROPOSED RULES

to participate in this rulemaking by sub-mitting written comments, preferably intriplicate, to Mr. Thomas Devine, Chief,Air Branch, Region I, U.S. Environ-mental Protection Agency, J. F. 3KennedyFederal Building, Boston, Massachusetts02203. All comments received within 30days of the publication of this proposalwill be considered.

A copy of all public comments will beavailable for inspection at the Office ofPublic Affairs, Region I, U.S. Environ-mental Protection Agency, Room 2203,J. F. Kennedy Federal Building, Boston,Massachusetts 02203.(Sec. 110(c), Clean Air Act, as amended (42

U.S.C. 1857c-5(c)))Dated: January 8, 1975.

JOHN QuALES,Acting Administrator.

Part 52 of Chapter I, Title 40 Code ofFederal Regulations is hereby proposed tobe amended as follows:

- Subpart H-Connecticut1. In § 52.377, paragraph (b) is added

as follows-- :§ 52.377 Legal authority.

(b) The requirements of § 51.11(a) ofthis chapter are not met because theState does not have the legal authority toenforce approved implementation planregulations against facilities, owned, op-erated,\or under contract with the Con-necticut Transportation Authority.

2. A new § 52.380 is added, as follows:§ 52.380 Rules and reguladons.

Connecticut Regulations for theAbatement of Air Pollution Section 19-508-1 through 19-508-25 inclusive, as ap-proved by the Administrator, shall applyin all respects. to- facilities owned, op-erated or under contract with theConnecticut Transportation Authority.

[FR Doc.75-1545 Filed 1-15-75;8:45 am]

[ 40 CFR Part 52]iFRL 322-6]

REVISIONS TO NEW JERSEY TRANSPOR-TATION CONTROL PLAN AND PLANSFOR ATTAINMENT AND MAINTENANCEOF SECONDARY STANDARD FOR SUL-FUR OXIDES IN NEW JERSEY

Notice of Public HearingOn October 3, 1774 (39 FR 35686), the

Administrator published in. the FEDERALRiEGsrER a 'notice which announced aproposed plan for attainment and main-tenance of the national secondary stand-ard for sulfur oxides. In this notice ofproposed rulemaking the Administratorsignified his intention of holding a publichearing on the proposed plan and indi-cated that such hearing would be heldno sooner than 30 days following publica-tion 6f'the notice of proposed rulemaking.

On November 15, 1974 (39 FR 40306),EPA: iullished in .the _FzbRL REGISTErtwo iropo'sed regulatozis for the' NewJersey Transportation" Control Plan.

These proposed regulations are § 52.1586,Heavy-duty retrofit and § 52.1596, Or-ganic materials. Also in this FEDERAL Rxc-isTER notice EPA proposed to amend§ 52.1583, Regulation for annual inspec-tion and maintenance, to provide foremissions inspection of heavy-duty, gaso-line-fueled vehicles. In this notice of pro-posed rulemaking, the Administrator in-dicated that public hearings would beheld no sooner than 30 days followingpublication of the proposed rules.

In addition, on October 16, 1974 theCommissioner of the New Jersey StateDepartment of Environmental Protectionsubmitted to the U.S. EnvironmentalProtection Agency (EPA) two revisionsto N.J-A.C. 7:27-15.1 et seq., Control andProhibition of Air Pollution from Light-Duty Gatoline-Fueled Motor Vehicles.These revisions delay implementation ofPhases t and M of the emissions in-spection program from July 1, 1974 andJulyd, 1975 to February 1, 1975 and Feb-uary 1, 1976, respectively, and allow anexemption from the program for anypre-1968 model year vehicle or classifi-cation of light-duty gasoline-fueled ve-hicles. Even though EPA public hearingsare not required on this subject, sincethe State already held hearings, EPA willalso entertain comments on the abovesubject in order to gather more datafor the EPA final decision.

As was previously announced In the"Trenton Times" of January 10, 1975and the "Newark Star Ledger" of Janu-ary 1, 1975, the dates, times, and placeswhen the public hearings on thesd pro-posals for the New Jersey plan will beheld are the following:

NEw JmsrJanuary 20, 1975 at 10 a.m.1st Floor AuditoriumHealth & Agriculturo BuildingJohn Fitch PlazaTrenton, Now JerseyJanuary 21, 1975 at 10 am.Room 312--College CenterNewark College of Engineering150 Bleeker StreetNewark. Now JerseyHearing OMcer: ,Paul Bermingham

Persons wishing to participate in thepublic hearing should specify their in-tentions to the Regional Administrator orcontact the hearing officer at the siteand time of the public hearings.

Copies of the material which will beconsidered at the public hearing areavailable for public inspection at theFreedom of Information Center, 401 MStreet, SW., Washington, D.C. 20460 andat the Region II Office, 26 Federal Plaza,New York, New York 10007, Room907. Public comments on the propo alsunder consideration can be submitted tothe Regional Administrator, U.S. En-vironmental Protection Agency, Room1009, 26 Federal Plaza, New York, NewYork 10007. Comments received beforeFebruary 15,1975 will be considered.

Dated: January 14,1975.EDWARD F. T nEK,

Acting Assistant Administratorfor Air and Waste Maiagament.

[FR Doo.75-1681 Filed 1-16-75;8:57 an]

2833

[40CFRPart429J[LPL 321-61

TIMBER PRODUCTS PROCESSINGPOINT SOURCE CATEGORY

Proposed Effluent Limitations andGuidelines

Notice is hereby given that the En-vironmental Protection Agency (EPA)Is proposing to amend 40 CFR 429-Timber Products Processing PointSource Category, Subpart I--Wet Stor-age Subcategory, §§ 429.92, 429.93 and429.95 as set forth below. 40 CFR 429was promulgated on April 18, 1974 pur-suant to sections 301, 304 (b) and (c),306(b) and 307(c) of the Federal WaterPollution Control Act as amended 33U.S.C. 1251, 1311. 1314 (b) and (c),1316(b) and 1317(c); 86 Stat. 816 etseq.; Pub. L. 92-500 (the Act).

During the development of Subpart I,It was determined that the informationavailable to the Agency was not pre-sentid In a form adequate to proposelimitations and standards on the blo-logically related parameters measurableIn effluents from wet storage operations.Because of the time cobstraints on theAgency as a result of the order by theFederal District Court for the Districtof Columbia entered in Natural Re-sources Defense Council, Inc. v. Train(Cv. No. 1609-73) regulations are beingconcurrently promulgated for SubpartI. The regulations being promulgatedinclude limits only on particle size al-lowed to be discharged andpH.

Additional anlaysis of the data avail-able and the collection and analysis ofadditional information has determinedthat It is feasible to propose limitationson the allowable level of discharge ofbiochemical oxygen demand concentra-tions from wet storage facilities.

It is recognized that a wet storage op-eration can serve as a biological typetreatment system if there is adequatedetention time. It is also recognized thatwet storage water bodies are utilized asreceivers of process waste water gen-erated by other operations in timberproducts processing facilities. Pollutantsdischarged to wet storage water bodiesfrom such operations as glue systemwash ups, veneer dryer wash downs, fin-ishing and fabrication operations mayhave an adverse effect on receiving

,waters if not adequately treated.Evaluation of data from a number of

wet storage bodies indicates that bio-chemical oxygen demand (BOD5) levelsaverage less than 40 mg/I with only oneof 40+ data points greater than 70.-

On the basis of this information it isproposed that Subpart I be modified toinclude a BOD5 limitation of 50 mg/1concentration in process waste water

.discharge.Interested persons may participate in

this rulemaking by submitting writtencomments in triplicate to the EPA In-formation Center, Environmental Protec-tion Agency, Washington, D.C. 20460.Attention: Mr. Philip B. Wisman. Com-ments on all aspects of the proposed reg-ulations are solicited. In the event com-ments are in the nature of criticisms as

-FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16; 1975

PROPOSED RULES

to the adequacy of data which is avail-able, or which may be relied upon by theAgency, comments should identify and ifpossible, provide any additional datawhich may be 'available and should-indi-cate why such data is essential to the de-velopment of the regulations. In theevent comments address the approachtaken by the agency in establishing ef-fluent limitation guidelines, EPA solicitssuggestions as to what -alternative ap-proach should be taken and why andhow this alternative better satisfies thedetailed requirements of sections 301 and304(b) of the Act. All comments receivedon or before February 18, 1975 will beconsidered. Steps previously taken by theEnvironmental Protection Agency to fa-cilitate public response within this tiiaeperiod are outlined in the advance no-tice concerning public review procedurespublished on August 6, 1973 (38 MR21202).

In consideration of the foregoing it isproposed to amend 40 CFR 429 in themanner set forth below.

Dated: January 7, 1975.RUSSELL E. TRAnT,

Administrator.1. § 429.92 Is amended to read as

follows:§ 429.92 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties, controlled by this sec-tion, which may be discharged by a pointsource subject to the provisions of thissubpart after application of the bestpracticable control technology currentlyavailable: There shall be no debris dis-charged, the BOD5 shall be no greaterthan 50 milligrams per liter and thepH shall be within the range of 6 to 9.

2. § 429.93 is amended to read asfollows:§ 429.93 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable. -

The following limitations establish thequantity or quality of pollutants or pol-lutant properties, which may be dis-charged by a point source subject to theprovisions of this subpart after appli-cation of the best available technologyeconomically achievable: There shall beno debris discharged, the BOD5 shall beno greater than 50 milligrams per liter,and the pH shall be within the range of6to9.

3. § 429.95 is amended to read asfollows:§ 429.95 Standards of performance for


ance establish the quantity or quality ofpollutants or pollutant properties, whichmay be discharged by a new source sub-Ject to the provisions of this subpart:

There shall be no debris discharged, theBOD5 shall be no greater than 50 milli-grams per liter, and the pH shall bewithin the range of 6 to 9.

[FR Doc.75-1363 Filed 1-15-75;8:45 "am]

[40 CFR Part 429]IFRL 321-5]

TIMBER PRODUCTS PROCESSINGPOINT-SOURCE CATEGORY

Proposed Pretreatment Standards forExisting Sources

Notice is hereby given pursuant to sec-tion 307(b) of the Federal Water Pollu-tion Control Act, as amended (the Act) ;33 U.S.C. 1251, 1317(b); 86 Stat. 816 etseq.; Pub. L. 92-500, that the proposedregulation set forth below proposes pre-treatment standards for pollutants in-troduced into publicly owned treatmentworks. The -proposal will amend 40 CFR429-Timber Products Processing PointSource Category, establishing for eachsubcategory therein the extent of appli-cation of effluent limitations guidelinesto existing sources which discharge topublicly owned treatment works. Theregulation is intended to be comple-mentary to the general regulation forpretreatment standards set forth at 40CFR 128. The general regulation- wasproposed July 19, 1973 (38 FR 19296),and published in final form~on Novem-ber 8, 1973 (38 FR 30982).

The proposed regulation is also In-tended to supplement a final regulationbeing simultaneously promulgated by theEnvironmental Protection Agency (EPAor Agency) -which provides effluent limi-tations and guidelines for existingsources and standards of performanceand pretreatment standards for newsources within the wet storage, logwashing, sawmills and planing mills,finishing, and particleboard manufac-turing subcategories of the timber prod-ucts processing point source category.The latter regulation applies to the por-tion of a discharge which is directed tothe navigable .waters. The" regulationproposed below applies to users of pub-.licly owned treatment works which fallwithin the description of the point sourcecategory to which the limitations andstandards (40 CFR 429) promulgatedsimultaneously apply. However, the

,proposed regulation applies to the intro-duction of pollutants which are directedinto a publicly owned treatment works,rather than to discharges of pollutantsto navigable -waters.

The gbneral pretreatment standarddivides pollutants discharged by usersof publicly owned treatment works intotwo broad categories; "compatible" and"Incompatible." Compatible pollutantsare generally not subject to pretreat-ment standards. However, 40 CFR 128.-

,131 (prohibited wastes) may be applica-ble to compatible pollutants. Addition-ally, local pretreatment requirementsmay apply (See 40 CFR 128.110).Incompatible pollutants are subjectgenerally to pretreatment standards asprovided in 40 CFR 128.133.

The regulation proposed below is In-tended to implement that portion of§ 128.133, above, requirilg that a sepa-rate provision be made stating the ap-plication to pretreatment standards ofeffluent limitations guidelines basedupon best practicable control technologycurrently available.

Questions were raised during the pub-lic comment period on the proposed gen-eral pretreatment standard (40 CFR128) about the propriety of applyinga standard based upon best practicablecontrol technology currently available toall plants subject to pretreatment stand-ards. In general, EPA believes the anal-ysis supporting the effluent limitationsguidelines is adequate to make a deter-mination regarding the application ofthose standards to users of publiclyowned treatment works. However, to en-sure that those standards are appropri-ate in all cases, EPA now seeks addi-tional comments focusing upon theapplication of effluent limitations guide-lines to users of publicly owned treat-ment works.

Sections 429.96, 429.106, 429.118,429.126, and 429.136 of the proposed reg-ulation for point, sources within the wetstorage, log washing, sawmills and plan-ing mills,. finishing, and particleboardmanufacturing subcategories (August 26,1974; 39 FR 30892) contained the pro-posed pretreatment standard for newsources. The regulation promulgatedsimultaneously herewith contains§§ 429.96, 429.106, 429.116, 429.126, and429.136 which state the applicability ofstandards of performance for purposesof Pretreatment standard for newsources.

A preliminary Development Documentwas made available to the public at ap-proximately the time of publication ofthe notice of proposed rulemaking andthe final Development Document entitled"Development Document for EffluentLimitations Guidelines and New SourcePerformance Standards for the WetStorage, Sawmills, Particleboard and In-sulation Board Segment of the TimberProducts Processing Point Source Cate-gory" is now being published. The eco-nomic analysis report entitled "EconomicAnalysis of Proposed Effluent Guidelines,The Timber Processing Industry" (Au-gust 1974) was made available at the timeof proposal. Copies of the final Develop-ment Document and economic analysisreport will continue to be maintained forinspection and copying during the com-ment period at the EPA InformationCenter, Room 227, West Tower, Water-side Mall, 401 M Street SW., Washing-ton, D.C. Copies will also be available forinspection at EPA regional offices and atState water pollution control agency of-fices, Copies of the Development Docu-ment may be purchased from the Super-,intendent of Documents, GovernmentPrinting Office, Washington, D.C. 20402,Copies of the economic analysis reportwill be available for purchase throughthe National Technical InformationService, Springfield, Virginia 22151.


2834

PROPOSED RULES

The Development Document referredto above contains information availableto the Agency concerning the majdr en-vironmental effects of the regulation pro-posed below. The information includes:(1) The Identification- of pollutantspresent in-waste waters resulting from

-the processing of timber products, thecharacteristics of these pollutants, andthe degree of pollutant reduction obtain-able through implementation of the pro-posed standard; and (2) the anticipatedeffects on other aspects of the environ-ment (including air, subsurface waters,solid waste disposal and land use, andnoise) of the treatment technologiesavailable to meet the standard proposed.

The Development Document and theeconomic - analysis report referred to

above also contain information availableto the Agency regarding the estimatedcost and energy consumption implica-tions of those treatment technologies andthe potential effects of those costs on thePrice and production of timber products.To the dxtent possible, significant aspectsof the material have been presented insummary form in the preamble to theproposed regulation containing effluentlimitations guidelines, new source per-formance standards and pretreatmentstandards for new sources within thetimber products processing category (39FR 30892; August 26, 1974). Additionaldiscussion is contained in the analysisof public comments on the proposed reg-ulation and the Agency's xesponse tothose comments. This discussion appearsin the preamble to the promulgated reg-ulation (40 CPR-429) which currently isbeing published in the rules and regula-tions section of the RDEERAL REGISTER.

The options available to the Agency inestablishing the lev6l of pollutant re-duction obtainable through the bestpracticable control technology currentlyavailable, and the reasons for the partic-ular level of reduction selected are dis-cussed in the documents described above.In applying the effluent linitationsguidelines to pretreatment standards forthe introduction of incompatible pollu-tants into municipal system by existingsources in the wet storage, log washing,sawmills and planing mills, finishingand partcleboard manufacturing sub-categories, the Agency has, essentiallythree options. The first is to allow unre-stricted discharge to publicly-ownedtreatment works of materials known tobe adequately treated in such works(commonly classed as compatible pollut-ants). The second is to require the ap-plication of BPT based (1977) limitationsto those pollutants which interfere with,pass through or otherwise are incompat-ible with such works. The third is to es-tablish a different discharge limitationfor those pollutants which are treated toa known degree in publicly owned treat-ment 1vorks but such treatment is rel-atively inadequate.

Process waste waters from the wetstorage, log washing, sawmills, and plan-ing mills, and the particleboard manu-facturing subcategories primarily con-

tai biochemical oxygen demand (BOD).suspended solids, and minimum quanti-ties of organic materials resulting fromthe raw materials themselves. Ma-chinery- and mechanical equipment isused In the various processing steps andthere is a possibility that the lubricat-ing material used In the timber productsprocessing subcategories subject to theseproposed regulations may be present inthe discharge to a municipal treatmentsystem. Many municipal treatment sys-tems currently have ordinances regulat-ing industrial waste water dischargeswhich limit oil and grease concentra-tions in the influent to the collectionsystem to 100 milligrams per liter.

Waste water from finishing operationsmay contain a wide variety of materials,depending on the fintshing activity.Some of these materials are present asBOD, suspended solids or pH and areeffectively treated by a municipal treat-ment system. Other materials such assome organic solvents, soluble heavymetals, nonbiodegradable organic ma-terials and chlorinated rubbers may bepresent in discharges from finighing op-erations. It is not possible to quantifythe presence of these materials in processwaste water from this subcategory. De-pending on the products being processed,the length of the production run, andthe nature of the finishing operations,the mass of pollutant discharged and thevolume of water associated with the pol-lutant are subject to extreme variation.

Interested persons may participate inthis rulemaking by submitting writtencomments in triplicate to the EPA Of-fice of Public Affairs, EnvironmentalProtection Agency, Washington, D.C.20460, Attention: Ms. Ruth Brown, A-107. Comments on all aspects of the pro-posed regulations are solicited. In theevent comments are in the nature ofcriticisms as to the adequacy of datawhich are available, or which °may berelied upon by the Agency, commentsshould identify and, If possible, provideany additional data which may beavailable and should indicate why suchdata are essential to the developmentof the regulations. In the event com-ments address the approach taken by theAgency in establishing pretreatmentstandards for existing sources, EPAsolicits suggestions as to what alterna-tive aproach should be taken and whyand how this alternative better satisfiesthe detailed requirements of sections301, 304, and 307(b) of the Act.

A copy of all public comments will beavailable for inspection and copying atthe EPA Infofmation Center, Room 204,West Tower, Waterside Mhll, 401 MStreet SW., Washington, D.C. 20460.The EPA information regulation, 40CFR 2, provides that a reasonable feemay be charged for copying.

In consideration of the foregoing, itis hereby proposed that 40 CTR 429 beamended to add sections 429.94, 429.104,429.114, 429.124 and 429.134 as set forthbelow. All comments received on or be-

fore February 18, 1975, will be con-sidered.

Dated: January 7,1975.Russzm E. THAWs,

Administrator.1. Subpart I is amended by adding

§ 429.94 as follows:§ 429.94 Pretreatment standards for ex-

isting sources.

The pretreatment standards undersection 307(b) of the Act for a sourcewithin the wet storage subcategory whichIs a user of a publicly owned treatmentworks and a major contributing industryas defined in 40 CFR 128 (and whichwould be an existing point source subjectto section 301 of the Act, if it were todischarge pollutants to the navigablewaters), consistent with the require-ments in 40. CFR 128, except that, forthe purpose of this section, 40 CPR 128.-121, 128.122, 128.132 and 128.133 shallnot apply. The following pretreatment;,standard establishes the quantity orquality of pollutants or pollutant prop-erties controlled by this section whichmay be discharged to a publicly ownedtreatment works by a point source sub-Ject to the provisions of this subpart.Pollutant or Pollutant Pretreatment

Property standardpE............. No limitatlon.BOD5.......... Do.BOS -------- DO..

2. Subpart J is amended by adding§ 429.104 as follows:§429.104 Pretreatment standards for

existing sources.The pretreatment standards under

section 307(b) of the Act for a sourcewithin the log washing subcategorywhich is a user of a publicly 6wned treat-ment works and a major contributing in-dustry as defined in 40 CFR 128 (andwhich would be an existing point sourcesubject to section 301 of the Act, if itwere to discharge pollutants to the navi-gable waters), consistent with the re-quirements in 40 CFR 128, except that,for the purpose of this section, 40 CFR128.121, 128.122, 128.132 and 128.133 shallnot apply. The following pretreatmentstandard establishes the quantity orquality of pollutants or pollutant prop-erties controlled by this section whichmay be discharged to a publicly ownedtreatment works by a point source sub-ject to the provisions of this subpart.Pollutant or Pollutant Pretreatment

Property standardplE N.. . . . lo 11rltaton.BOD5 Do.TSS Do.

3. Subpart K is amended by adding§ 429.114 as follows:§ 429.114 Pretreatment standards for


section 307(b) of the Act for a source


2835

PROPOSED RULES

within the sawmills and planing.millssubcategory which is a user of a publiclyowned treatment works and a major con-tributing industry as defined in 40 CPR128 (and which would be an existingpoint source subject to section 301 of theAct,*f it were to discharge pollutants tothe navigable waters), consistent withthe requirements in 40 CPR 128, exceptthat, for the purpose of this. section, 40CPR 128.121, 128.122, 128.132 and 128.133shall not apply. The following pretreat-ment standard establishes the quantityor quality of pollutants or pollutantproperties controlled by this sectionwhich may be discharged to a publiclyowned treatment works by a point sourcesubject to the provisions of this subpart.Pollutant or pollutant Pretreatment

property standardpH ----------------- No limitation.BOD5 -------------- Do.TSS --------------- Do.

Subpart L is amended by adding§ 429.124 as follows:§ 429.124 Pretreatment standards for


section 307(b) of the Act for a sourcewithin the fnishing subcategory whichis a user of a publicly owned treatmentworks and a major contributing industryas defined in 40 CPR 128 (and whichwould be an existing point source subjectto section 301 of the Act, if It were todischarge pollutants to the navigablewaters), consistent with the require-ments In 40 CFR 128, except that, forthe purpose of this section, 40 CFR§§ 128.121, 128.122, 128.132 and 128.133shall not apply. The following pretreat-ment standard establishes the quantityor quality of pollutants or pollutantproperties controlled by this sectionwhich may be discharged to a pabliclyowned treatment works by a point sourcesubject to the provisions of this subpart.Pollutant or pollutant Pretreatment

property standardpH --------------- No limitation.BOD5 --------------- Do.T --S------ Do.

Subpart M Is amended by adding§ 429,134 as follows:§429.134 Pretreatment standards for


section 307(b) of the Act for a sourcewithin the particleboard manufactur-ing subcategory which is a user of a pub-licly owned treatment works and amajor contributing industry as definedin 40 CFR 128 (and which would be anexisting point source subject to section301 of the Act, if it were to dischargepollutants to the navigable waters),consistent with the requirements In 40

CFR 128, except that, for the purposeof this section, 40 CFR 128.121, 128.122,128.132 and 128.133 shall not apply. Thefollowing pretreatment standard estab-llshes the quantity or quality of pol-lutants or pollutant properties controlledby this section which may be dischargedto a publicly owned treatment works bya point source subject to the provisionsof this subpart.Pollutant or pollutant Pretreatment

property standardpH ----------------- -No limitation.BOD5 ---------- Do.TSS ----------- Do.

[FR Doc.75-1362 Filed 1-15-75;8:45 am]

DEPARTMENT OF THE TREASURYComptroller of the Currency

[12 CFR Part 7CUSTOMER-BANK COMMUNICATION

TERMINALSNotice of Hearing

Notice is hereby given of a public hear-ing before the Comptroller of the Cur-rency beginning at 19 a.m. April 2, 1975,in Monet I and II of the L'Enfant PlazaHotel, Washington, D.C. to receive com-ments on whether 12 CFR 7.7491, Cus-tomer-Bank Communication Terminals,as amended December 24, 1974 (39 FR44416), should be further modified oramended.

The December 24, 1974, amendmentwas an interpretive rule and was issued,as is permitted by statute, without formalsolicitation of public comments. The rul-ing contained the following limitation:

National banks are urged prior to July 1,1975, not to establish a CBCT in any state inwhich state law would prohibit a state char-tered bank from-establishing a similar fa-cility.

The accompanying statement reviewedthe reason for this limitation, and re-cited that during May 1975 the Comp-troller would examine the then existingsituation to determine whether equitableconsiderations indicated further policystatements.

In addition to the further examinationreferred to in the Comptroller's state-ment, the Comptroller is aware of. con-tinued public interest in the CBCT rul-ing. The Comptroller believes that a pub-lic hearing, although not required, maybe a useful vehicle for evaluating the ex-perience with CBCT's established inaccordance with the December 24, 1974,ruling and for affording any interestedperson an opportunity to make his viewsknown to the Comptroller.

Any person who wishes to appear andtestify at this hearing should give writtennotice on or before March 26, 1975,to the Chief Counsel, Office of theComptroller of the Currency, 490L'Enfant Plaza East, SW., Washington,D.C. 20219. Such notice should state

the name of the person or persons toappear, the group such person or personsrepresent, If any, and the amount oftime desired for a presentation. TheComptroller will establish a schedulefor the presentation of statements andmay limit the amount of time given toany participant.

Ten copies of any prepared statementsor other written materials to be sub-mitted to the Comptroller at the hearing

-should be filed with the SpecialAssistant for Public Affairs, Office of theComptroller of the Currency, 490L'Enfant Plaza East, SW., Washington,D.C. 20219 on or before 2 p.m., March 28,1975. Persons desiring to submit writtenstatements but. not to appear at thehearing, may do so by filing ten copiesof their written statements with theSpecial Assistant for Public Affairs on orbefore 2 p.m., March 28, 1975, All writ-ings so filed will be available for publicinspection.

Dated: January 13, 1975.[SEAL] JAMIES E. SMiTir,

Comptroller o1 the Currency,[FR Doc.75-1454 Filed 1-16-76;8:46 can]

Office of the Secretary[ 31 CFR Part 1 ]

DISCLOSURE OF RECORDSUniform Fee Schedule

Notice is hereby given in accordancewith 5 U.S.C. 553 that, pursuant to 5U.S.C. 552 (a) (4) (A) (as added by Pub.L. 93-502), the Department of the Treas-ury proposes to adopt the followingamendments to its rules regarding dis-closure of records in order to adopt auniform schedule applicable to all con-stituent units of the Department cover-ing the fees for search and duplicationof records requested under 5 U.S.C. 552,the Freedom of Information Act. Priorto the final adoption of such rules, con-sideration shall be given to any com-ments pertaining thereto which are sub-mitted in writing to Richard R. Albrecht,General Counsel, Room 3000, Depart-ment of the Treasury, 15th Street andPennsylvania Avenue NW., Washington,D.C. 20220 and received on or beforeFebruary 18. Pursuant to 31 CFR 1.4(b),36 FR 13835, comments submitted in re-sponse to this notice of proposed rulemaking are available to the public upon

- request therefor unless confidentialstatus for the submission has been re-quested and approved.

It is recognized that the fee scheduleherein proposed may not provide for fullrecovery of the direct cost of search andduplication. Notice Is, therefore, alsogiven that if experience over a reason-able period so indicates, the fee scheduleherein proposed may be revised to pro-vide for such recovery as more closelyapproximates costs.


2836

PROPOSED RULES

Further, notice is given that, on orbefore February 19, 1975, this Part 1willbe amended to comport with the require-ments of Pub. I. 93-502 and, in suchconnection, will be made uniformly ap-plicable to all constituent units of theDepartment of the Treasury.

Subject to the receipt of comments, itis proposed that 31 CFR Part 1, § 1.6 bedeleted and that the following be sub-stituted therefor:§ 1.6 - Fees for Services.

(a) In GeneraL (1) This fee scheduleis applicable uniformly to all constituentunits of the Department and supersedesfee schedules heretofore published by anyconstituent unit of the Department. Thefees indicated are to be charged only

'for search and duplication and under nocircumstances will a fee be chargedfor determining whether an exemptioncan or should be assefted, deleting ex-empt matter being withheld from records

"to be furnished, or monitoring a re-questor's inspection of agency recordsmade available In this manner.

(2) While certain relevant publica-tions which are available for sale throughthe Government Printing Office will beplaced on the shelves of the readingrooms, such publications will not beavailable for sale there. Persons desir-ing to purchase such publications shouldcontact the Superintendent of Docu-ments, U.S. Government Printing Office,Washington, D.C. 20402- However, copiesof pages of such publications on thereading room shelves may be obtained atthe reading rooms in accordance withthe schedule of fees set forth in thissection.

(b) When charged. (1) Unless per-formed without charge, waived orreduced in accordance with para-graphs (c) or (d) of.this section, feesshall be charged in accordance with theschedule contained in paragraph (g) ofthis section for services rendered in re-sponding to requests for records.

(2) The fees may be waived or reducedat the discretion of the official who deter-mines the availability of records, whenthe record is not located for any reasonor when it is determined to be exemptfrom disclosure.(c) Bervices Verf9rmed without

charge. (1) No charge shall be made forproviding records to Federal, state orforeign governments, international gov-ernmental organizations, or localgovernmental agencies or offices thereofsubmitting requests in their officialcapacities.

(2) The heads of offices and bureausare authorized .to determine in accord-ance with 5 U.S.C. 553 which classes ofrecords under their control may be pro-vided to the public without charge, orat a reduced charge.

(d) Waiver or redction of fee. (1)Fees may be waived or reduced in. ac-cordance with this paragraph by theofficial who determines the availability ofthe records, provided such waiver orreduction has been requested In writing.Fees shall be waived or reduced by suchofficial when he determines that:

(I) The records are being requested by,or on behalf of, an Individual whodemonstrates In writing underlpenalty ofperjury that he is indigent and com-pliance with, the request does not con-stitute an unreasonable burden on theconstituent unit of the Department; or

(it) The person making the requesthas demonstrated in a written state-ment that waiver or reduction of the feesis in the public Interest because furnish-ing the Information primarily benefitsthe general public.

(2) Appeals from denials of requestsfor waiver or reduction of fees shall bedecided in accordance with the criteriaset forth in (1) above by the official au-thorized to decide appeals from denialsof access to records. Appeals shall be ad-dressed in writing to such official withinthirty days of the denial of the initialrequest for waiver or reduction and shallbe decided promptly.

(e) Avoidance of unexpected fees. Inorder to protect the requester from un-expected fees, all requests for recordsshall contain an amount which the re-questor has set as an acceptable upperlimit to cover the cost of processing therequest. When the costs estimated by theconstituent unit of the Department forprocessing the request exceed that limit,or when the reciuestor has failed to statea limit and the costs are estimated toexceed $50.00, and the relevant constit-uent unit his not been determined towaive or reduce the fees, a notice shallbe sent to the requestor. This noticeshall:

(1) Inform the requestor of the esti-mated costs;

(2) Extend an offer to the requestor toconfer with- personnel of the relevantconstituent unit of the Department inan attempt to reformulate the request ina manner that will reduce the fees andstill meet the needs of the requestor; and, (3) Inform the requester that the run-

ning of the time period, In which therelevant constituent unit of the Depart-ment is obliged to make a determinationon the request, has been tolled pendinga reformulation of the request or receiptof an agreement from the requester tobear the estimated costs.

f) Form of payment. (1) Paymentshall be made by check or money orderpayable to the order of the Treasury ofthe United States or the relevant con-stituent unit of the Department.

(2) When the estimated costs exceed$50.00, the relevant constituent unit ofthe Department shall require the re-quester to enter into a contract for thepayment of actual costs, which contractmay provide for prepayment of the esti-mated costs.

(g) Amounts to be charged for speci-fled services. The fees for services per-formed by the relevant constituent unitof the Department shall be imposed andcollected as set forth in this paragraph.Should services other than those de-scribed be requested and rendered, ap-propriate fees shall be established bythe head of the relevant constituentunit of the Department, or his delegate,and such fees shall be imposed and col-lected pursuant to 31 UZ.C. 483a, butsubject to the constraints imposed by5 U.S.C. 552(a) (4) (A).

(1) Duplication.- (1) Photoccple=: Each

Per pa6e up to 8V2"x14". __ $0.10U.S. Savlngs Bond_..... 0. 50?Marketable scurity ... 2.50Addional copie..._._._ 0.75

(U) Photograpbs, 111=3 and other m=-. ter--actual c zt.

The constituent unit of the Departmentmay furnish the records to be releasedto a private'contractor for copying andwill charge the person requesting therecords the actual cost of duplicationcharged by the private contractor. iofee will be charged where the requesterfurnishes the supplies and equipmentand makes the copies at the governmentlocation.

(2) Unpriced printedmaterlals- Other-wise unpriced printed material, whichis available at the location where re-quested and which does not require du-plication in order that copies may befurnished, will be provided at the rateof $0.25 for each twenty-five pages orfraction thereof.

(3) Search Services.(1) The fee charged for services of

personnel involved in locating recordsshall be $3.50 foreach hour or fractionthereof.

(it) 'Where, because of the nature ofthe records sought and the manner inwhich such records are stored, a com-puter search Is required, the fee shall be$3.50 for each hour (or fraction thereof)of personnel time associated with thesearch plus an amount which reflectsthe actual costs of extracting the storedInformation in the format in which it isnormally produced, based on computertime and supplies necessary to complywith the request.

(4) Shipping charges to transpoit rec-ords from one location to another, or forthe transportation of an employee to thesite of requested records when It Is nec-essary to locate rather than examine


283T

PROPOSED RULES

the records, shall be at the rate of theactuul cost of such shipping or transpor-tation.

Dated: January 14, 1975.[SEAL] STEPHEN S. GARDNER,

Deputy Secretary of the Treasury.[FR% DoEc75-1696 Filed 1-15-75;10:04 am]

GENERAL SERVICESADMINISTRATION

E 41 CFR Part 105-60 ]FEES PERTINENT TO FREEDOM OF

INFORMATION REQUESTSNotice of Proposed Rulemaking

Recent amendments to the Freedom ofInformation Act (5 U.S.C. 552) requireeach agency to publish a uniform sched-ule of fees pertinent to Freedom of In-formation requests. This proposed GSAschedule is published in new § 105-60.-307.

Interested persons may participate inthe proposed rulemaking by submittingwritten data, views, or arguments Induplicate to the General Services Admin-istration (ALIP), Washington, D.C.20405. Comments received before Feb-ruary 12, 1975, will be considered beforefinal action is taken on this proposal.Copies of all written comments receivedwill be available for examination by in-terested persons in the Office of Com-munications, Room 6117, General Serv-ices Administration, 18th and F Streets,NqW, Washington, DC 20405.

It is proposed to amend Chapter 105 ofTitle 41, Code of Federal Regulations, asfollows:PART 105-60-PUBLIC AVAILABILITY OF

AGENCY RECORDS AND INFORMA-TIONAL MATERIALS -

The table of contents for Part 105-60is amended by the addition of the follow-ing new entries:105-60.307 Fees.105-60.307-1 Scope of section.105-60.307-2 Record material available

without charge.105-60.307-3 Copy of GSA records available

at a fee.105-60.307-4 Exemptions from fee. -105-60.307-5 Searches.105-60.307-6 Prepayment of fees over $25.105-60.307-7 Form of payment.105-60.307-8 Fee schedule.Subpart 105-60.3--Availability of Opin-

Ions, Orders, Policies, Interpretations,Manuals, and InstructionsNew § 105-60.307 is added as follows: -

§ 105-60.307 Fees.§ 105-40.307-1 Scope of section.

This section sets forth policies andprocedures to be followed in the assess-

ment and collection of fees from a re-quester for the search and reproductionof GSA records.§ 105-60.307-2 Record material avail-

able without charge.Each GSA Business Service Center

reading room provides a rack displayingGSA records available to the public inthat region. Normally, material relatedto bids (excluding construction plans andspecifications) and any material dis-.played on the rack may be obtainedwithout charge -upon request to theBusiness Service Center staff.§ 105-60.307-3 Copy of GSA records

available at a fee.

One copy of GSA records not availablefree of charge will. be provided at a feeas provided in § 105-60.307-8. A reason-able number of additional copies will beprovided for the applicable fee wherereproduction services are not readily ob-tainable from private commercialsources.

§ 105-60.307-4 Exemptions from fee.When the agency official handling the

request for GSA records determines thatat least one of the following conditionsexists, he shall waive the fee require-ment and provide one copy of the GSArecords without charge to the requester:

(a) When the incremental cost of col-lecting the fee would be an unduly largepart of or an amount greater than thefee;

(b) When the reproduction is for aforeign, State, or local government orinternational agency and furnishing itwithout charge is an appropriatecourtesy;

(c) When furnishing the records with-out charge conforms to generally estab-lished business custom, such as furnish-Ing personal reference data to prospectiveemployers of former employees; or

(d) When the requester is indigent.§ 105-60.307-5 Searches.

(a) The time spent in the followingactivities may be computed in deter-mining "search time" subject to appli-cable fees as provided in § 105-60.307-8:

(1) Time spent in trying to locate GSArecords which come within the scope ofthe request;

(2) Time spent either in transportinga necessary agency searcher to a placeof record storage or in transporting rec-ords to the location of a necessary agencysearcher (GSA must document in writingthe necessity of transporting either thesearcher or the records.); and

(3) Direct costs involving the use ofcomputer time to locate and extract re-quested records.

(b) The time spent in the followingactivities may not be computed in deter-mining search time subject to applicablefees as provided in § 105-60.307-8:

(1) Time spent in examining a re-quested record for the purpose of deter-mining whether an exemption can andshould be asserted;

(2) Time spent in deleting exemptmatter being withheld from records tobe made available;

(3) Time spent In monitoring a re-quester's inspection of agency recordsmade available to him; and

(4) Time spent in operating reproduc-tion facilities.

(c) If the requester hos been givenprior notice of the eventuality, theagency may charge a search fee oven if norecords are located which fall withinthe scope of the request, or If all recordslocated which fall within the scope of therequest are exempt from disclosure.§ 105-60.307-6 Prepayment of feesover $25.

(a) When the agency official handlinga request for GSA records determinesthat the anticipated total fee Is likelyto exceed $25, he shall notify the re-quester that he must prepay the antici-pated fee prior to GSA's making therecords available. GSA will remit theexcess paid by the requester, or billthe requester for an additional amount,In the case of variations between the finalfee charged and the amount prepaid.

(b) When a GSA official notifies a re-quester of the necessity of prepaymentas provided In paragraph (a) of this sub-section, the official also shall notify therequester that the computation of tleapplicable time limits for GSA's responseto an initial request for records or anappeal will be tolled from the mailingdate of the notification until the receiptof the prepayment.§ 105-60.307-7 Form of payment.

Payment shall be by check or moneyorder payable to the General ServicesAdministration and shall be addressedto the official designated by GSA in cor-respondence with the requester or to theofficial to whom the request Is addressed,§ 105-60.307-8 Fee schedule.

In computing applicable fees, GSA willconsider only Its'direct costs in providingthe requested records.

(a) Reproduction fees.-(1) The feefor reproducing copies of GSA records(by routine electrostatic copying) up toand Including material 8 x 13 inches shallbe $0.10 per page.

(2) The fee for reproducing copies ofGSA records over 8 x 13 inches or whosephysical characteristics do not permit re-production by routine electrostatic copy-ing shall be the direct cost of reproducing


2838

because clerical staff would be unable to or transportation expenses, the appli-locate them, the search fee shall be $8 cable fee shall be the direct cost to GSA.per hour or fraction thereof beyond theInitial half hour used to locate the re- Dated: January 15,1975.quested records. ARTHuR F. SAwsoN,

(3) When the search Includes non-per- Administrator ofsonnel expenditures to locate and extract Gra Sezvces.requested records, such as computer time [PRDoc.75-1725 Filed 1-15-75;12:28 pm]

the records through Government or com-mercial sources.

(b) Searcz fees.-(1) The ttandardsearch fee shallbe $4perhour or fractionthereof beyond the ininlahalf hour usedto locate the requested records.

(2) When professional staff must beused to search for the requested records

FEDERAL REGISTER, VOr, 40, NO. 11-THURSDAY, JANUARY 16, 1975

2839PROPOSED RULES

2840

noticesI This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public, Notces I

of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications Iand agency statements of organization and functions are examples of documents appearing In this section.

DEPARTMENT OF THE TREASURYInternal Revenue Service

SMALL BUSINESS ADVISORY COMMITTEETO THE COMMISSIONER OF INTERNALREVENUE

Notice of EstablishmentPursuant to the Federal Advisory

Committee Act of October 6, 1972, (Pub.L. 92-463), the Commissioners of Inter-nal Revenue announces the establish-ment of an advisory committee titled theSmall Business Advisory Committee tothe Commissioner of Internal Revenue.

The purpose of the Committee is toprovide communication and liaison be-tween the Internal Revenue Service andthe small business community in order toassist this segment of the economy in un-derstanding and meeting its tax obliga-;tions and to provide constructive criti-cism of Service policies, procedures andprograms as they relate to small busi-ness. The Committee will suggest waysin which the Servic6 can improve itsoperations, will offer advice on lesseningthe reporting and paperwork burden onsmall business and on other specificproblems and problem areas, and will.serve as a sounding board for new poli-cies and programs relating to small busi-ness.

It is in the public interest to createthis Committee in order to determine thebest and most effective way of communi-cating with this vital segment of theeconomy, estimated to include over 90percent of the approximately 12 millionbusiness enterprises in the United Statesand to provide about one-half the jobsand over one-third of the gross nationalproduct. Establishment of the Committeeis necessary because the advice, recom-mendations and constructive criticismof the Committee must represent theviewpoints of the small business com-munity itself. Membership of the Com-mittee will be balanced in terms of pointsof view represented and will includerepresentatives frojn a wide variety ofsmall business organizations and theiradvisors, such as accountants andlawyers, as well as pulic interest groups,and will also include representatives fromvarious geographical regions and thosehaving backgrounds or experience invarious governmental agencies or orga-nizations that deal with small business.

DONALD C. ALEXANDER,Commissioner.

[IR Doc.7-1564 Filed 1-14-75;9:13 am]

DEPARTMENT OF DEFENSEDepartment of the Air Force

COMMUNITY COLLEGE OF THE AIR FORCEADVISORY COMMITTEE

Notice of Meeting-JANuARY 9, 1975.

The Community College of the AirForce Advisory Committee will hold anopen meeting on February 11, 1975, be-ginning at 8:30 a.m., in the Billy MitchellConference Room, Building 900, Ran-dolph Air Force Base, Texas.

Agenda items include affiation andassociation, procedures, relationshipswith professional organizations, Commu-nity College of the.Air Force and civiliancommunity and junior colleges and asummary of consultant reports of exter-nal validation of credit awarded.

For additional information on thismeeting, contact Major W. A. WoJcle-chowski, Community College of the AirForce (ATC), Randolph Air Force Base,Texas 78148, 512-652-5013.

SrAN.EY L. ROBERTS,Colonel, USAF, Chief, Legisla-

tive Division, Office of TheJudge Advocate General.

[FR Doc.75-1390 Filed 1-15-75;8:45 am]

Department of the ArmyWATER QUALITY PROGRAMS AND

IMPLEMENTATION PLANSFinal Agreement

CROSS REFERIENCE: For a document re-garding joint agreement for interagencycoordination of areawide waste treat-ment management planning assistanceto State and Local Governments be-tween the Environmental ProtectionAgency and the Department of theArmy, see FR Doe. 75-1546, Environ-mental Protection Agency, Part i1 ofthis agency, supra.

Office of the SecretaryDDR&E HIGH ENERGY LASER

REVIEW GROUPClosed Meetings

Pursuant to the-provisions of section10 of Pub. L. 92-463, dated October 6,1972, notice is hereby given that closedmeetings of the DDR&E High EnergyLaser Review Group will be held start-ing at 0830 on Wednesday and Thursday,February 12 and 13, 1975, at Andrews AirForce Base, Maryland.

The subject matter of the meetings Isclassified In accordance with subpara-graph (1) of section 552(b) of Title 5 ofthe U.S. Code.

MAuRIcE W. RoCug,Director, Correspondence andDirectives, OASD (Comptroller).

JAxuARY 13, 1975.[F1 Doo.75-1509 Filed 1-15-76,8:45 am]

WAGE COMMITTEEClosed Meetings

Pursuant to the provisions of section10 of Pub. L. 92-463, effective January 5,1973, notice is hereby given that meet-ings of the Department of Defense WageCommittee will be held on:Tuesday, February 4, 1975Tuesday, February 11, 1975Tuesday, February 18, 1975Tuesday, Febru," 25, 1975

These meetings will convene at 9:45a.m. and will be held in Room 1E-801,The Pentagon, Washington, D.C.

The Committee's primary responsibil-ity s to consider and make recommenda-tions to the Assistant Secretary of De-fense (Manpower and Reserve Affairs)on all matters Involved in the develop-ment and authorization of wage sched-ules for Federal prevailing rate employ-ees pursuant to Pub. L. 92-392.

At these scheduled meetings, the Com-mittee will consider wage survey specifi-cations, wage survey data, local reportsand recommendations, statistical analy-ses and proposed pay schedules derivedtherefrom.

Under the provisions of section 10(d)of Pub. L. 92-463, the Assistant Secre-tary of Defense (Manpower and ReserveAffairs) has determined that these meet-ings will be closed to the public becausethe matters considered are related to theInternal personnel rules arid practices ofthe Department of Defense (5 U.S.C. 552(b) (2)) and the wage survey data con-sidered by the Committee have been ob-tained from private industry with theguarantee of confidentiality (5 U.S.C.552(b) (4)).

However, members of the public whomay wish to do so, are Invited to submitmaterial in writing to the Chairman con-cerning matters felt to be deserving ofthe Committee's attention. Additional In-formation concerning these meetings maybe obtained by contacting the Chairman,Department of Defense Wage Committee,


Room 3D-281, The Pentagon, 'Washing-ton, D.C.

MAURICE W. ROCHE,Director, Correspondence and

Directives OASD(C).

JsARYna13, 1975.[iFR Doc.75-1510 Filed 1-15-75;8:45 am]

DEPARTMENT OF JUSTICEDrug Enforcement Administration

[Docket No. 74-71

NATIONAL ORGANIZATION FOR THEREFORM OF MARIHUANA LAWS, ET AL

- Hearing

On May 18, 1972, the National Orga-nization for the Reform of MarihuanaLaws (NORML) and others petitionedthe-Bureau of Narcotics 'and DangerousDrugs (Now7 the Drug Enforcement Ad-ministration (DEA)) to institute pro-ceedings to remove marihuana from con-trol under the Controlled Substances Actor to transfer marihuana from Sched-ule I to Schedule V of the Act.. NORML's petition was rejected by theDirector of the Bureau by Notice in theFEDERA REGISTER on Thursday, Septem-ber 7, 1972 (37 FR 18097).

NORML sought review of this rejectionin the Cofirt of Appeals for the Districtof Columbia andon January 15, 1974,

.the court remanded this matter to DEAfor further proceedings.

On June 26, 1974, DEA filed a notice ofproposed.hearing in this matter in theFEDERAL REGISTER, indicating that thehearing, if .requested by the petitionersor any of them, would be held:for the purpose of receiving factual evi-dence and expert opinion on the issue andby the method described by the court as"whether there is any latitude (on thescheduling of marihuana under the Con-trolled Substance Act) consistent with treatyobligations, and herei receive expert testi-mony limited to this treaty issue".

- On July 19, 1974, NORML and theAmerican Public Health Association re-quested a hearing in this matter.

Therefore, Notice is hereby given thata hearing in this matter will be heldcommencing at 10:00 am on January 28,1975, in Room 1210, Drug EnforcementAd s on, 1405 Eye Street, NW.,Washington, D.C.


JERRY N. JENSON,Acting Deputy Adminstrator.

[PB Doc.75-1531 Filed 1-15--75;845 am]

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

EYAK, ALASKAEligibility of Unlisted Village

This decisionis Published-in exercise ofauthority delegated by the Secretary ofthe Interior to the Director, Juneau AreaOffice Bureau of Indian Affairs, by Sub-pait 2651.2W)(6), 8), (9) and (10) ofSubchapter B of Chapter II of Title 43of the Code of Federal Regulations pub-

lished on page 14223 of the May 30, IP73, rector, hereby certifies the Native villageissue to the FEDERAL REGIS E. of Eyak is eligible for benefits under said

The Alaska Native Claims Settlement Act, said decision being not further ap-Act of December 18, 1971 (Pub. L. 92-203, pealable, therefore issues to the unlisted92nd Congress; 85 Stat. 688-716), pro- Native village of Eyak a Certification ofvides for the settlement of certain land Eligibility.claims of Alaska Natives and for other CLARENCE ANoQV-A,purposes. Director. -

Accordingly, the Director, Juneau Area [FR Doc.75-1394 Piled 1-15--75;8:45 am]Office, Bureau of Indian Affairs, pursu-ant to the authority delegated him in theregulations in 43 CFR Part 2650, author- ALEXANDER CREEK, ALASKAizing him to make final decisions on be- Ineligibility of Unlisted Villagehalf of the Secretary of the Interior onthe eligibility of Native villages for bene- This decision Is published in exercisefits under the Alaska Native Claims Set- of authority delegated by the Secretarytlement Act, subject to appeal to the Ad of the Interior to the Director, Juneau

Hoc Board, published on February 26, Area.Offce, Bureau of Indian Affairs, by

1974, his Final Decision determining the Subpart 2651.2 (a) (6), (), (9) and (10)

eligibility of the unlisted Native village of Subchapter B of Chapter II of Title

of Eyak, said decision appearing in 39 Fn 43 of the Code of Federal Regulations

7469, 7470 (1974). published on Page 14223 of the May 30,

The decision was appealed by the 1973, Issue of the FEDERAL REGISE (38

Alaska Wildlife Federation & Sports- FR 14223).

men's Council; Philip R. Holdsworth; the The Alaska Native Claims SettlementSierra Club, Alaska Chapter; and the Act of December 18, 1971 (Pub. L. 92-203,

-UnitedStatesForestService, Department 92nd Congress; 85 Stat. 688-716), pro-

of Agriculture. vides for the settlement of certain landThe Ad- Hoc Board directed that a claims of Alaska Natives and for other

hearing be held on July 16, 1974 at Cor- purposes.dova, Alaska by an Administrative Law Accordingly, the Director, Juneau AreaJudge who submitted to the Board his Offlce, Bureau of IndianAffairs, pursuantRecommended Decision, dated August 22, to the authority delegated him in the reg-1974. ulations in 43 CFR Part 2650, authorizing

The respondents, Native village of Eyak him to make final decisions on behalf ofand Chugach Natives, filed a Motion for the Secretary of the Interior on the eligi-Reconsideration of the Remand Order, billty of Native villages for benefits undertogether with a Request for Hearing on the AlaskaNative'ClatmsSettiementAct,the Motion for Reconsideration, which subject to appeal to the Ad Hoc Board,was denied by the Board on Septem- published on February 21, 1974, his Finalber 11, 1974. A request for disclosure of Decislon determining the eligibility of thethe Recommended Decision of the Ad- unlisted Native village of Alexanderministrative Law Judge filed by the Re- Creek, said decision appearing in 39 FRspondents, Native village of Eyak and 6623 (1974).Chugach Natives on September 9, 1974, The decision was appealed by thewas denied by the Board on September 11, Alaska Wildlife Federation & Sports-1974, pursuant to the provisions of the men's Council, Inc.; Philip R. Holds-Public Information Act, 5 U.S.C. 552, and worth; the State of Alaska; the Sierrathe regulations in 43 CER Part 2. Club, Alaska Chapter; and the Mata-

Subsequently, pursuant to the Order nuska-SusItna Borough.Remanding for additional hearing, a The Ad Hoc Board directed that ahearing was held on October 9 and 10, hearing be and was conducted on July 11,1974, at Cordova, Alaska, the parties filed July 12 and July 13, 1974 at Anchorage,additional post-hearing briefs, proposed Alaska by an Administrative Law Judgefindings and concluslpns, and the Admin- The Ad Hoc Board, also known as theistrative Law Judge submitted a second Alaska Native Claims Appeal Board, onRecommended Decision to the Board, October 23, 1974 determined the unlisteddated November 19, 1974. Native Village of Alexander Creek, pur-

The Ad Hoc Board, hlso known as the suant to section 11(b) (3) of said Act, 43Alaska Native Claims Appeal Board, on U.S.C, section 1610(b) (3), is not eligibleDecember 10, 1974 determined'thp un- to receive land benefits under section 14listed Native village of Eyak, pursuant (a) 43 U.S.C. section 1613(a), of the Act.to section 11(b) (3) of said Act, 43 U.S.C. The Ad Hoc Board thereby notified thesection 1610(b) (3), is now eligible to re- Director that his Final Decision certify-ceive land benefits under section 14(a) ing the unlisted Native village of Alex-of the Act, 43 U.S.C. section 1613(a). ander Creek as eligible shall become in-. In accordance with the Ad Hoc Board's eligible for benefits under the Alaskadecision, approved on December 17, 1974 Native Claims Settlement Actwhich shallby the Secretary of the Interior, Rogers become final upon the personal approvalC. B. Morton, and by telegram dated by the Secretary of the Interior.September 16, 1974, from Assistant Sec- In accordance with the Ad Hoc Board'sretary of the Interior, Royston C. decision, approved on November 1, 1974Hughes, authorized the Director, Juneau by the Secretary of the Interior, RogersArea Office, Bureau of Indian Affairs to C.B. Morton and by-telegram dated Sep-certify the unlisted Native village of Eyak tember 16.1974 from Assistant Secretaryas eligible for benefits under the Alaska. of the Interior, Roystan C. Hughes, au-Native Claims Settlement Act, said Di- thorized the Director, Juneau Area Office,


.NOTICES 2SU

NOTICES

Bureau of Indian Affairs, to'certify theunlisted Native village of AlexanderCreek as not eligible for benefits underthe Alaska Native Claims Settlement Act,said Director, hereby certifies the un-listed Native village of Alexander Creekis not eligible for benefits under said Act,said decision being not further appeal-able, therefore issues to the unlisted Na-tive village of Alexander Creek a Certifi-cation of Ineligibility.

CLArEN C AInxIowQt'A,Director.,

JArtARY 9, 1975.[F1R Doc.75--1490 PIlcd 1-15-75;8:45 Am]

ANTON LARSEN BAY, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea Office, Bureau of Indian Affairs, bySubpart 2651.2(a) (6), (8), (9) and (10)of Subchapter B of Chapter II of Title43 of the Code of Federal Regulationspublished on page 14223 of the May 30,1973, issue of the FEDERAL REGISTER.(38 FR 14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203,92d Congress; 85 Stat. 688-716), pro-vides for the settlement of certain landclaims of Alaska Natives and for otherpurposes.

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pursu-ant to the authority delegated him in the,regulations in 43 CFR Part 2650, au-thorizing him to make final decisions onbehalf of the Secretary of the Interior onthe eligibility of Native villages for bene-fits uftder the Alaska Native Claims Set-tlement Act, subject to appeal to the AdHoc Board, published on February 21,1974, his Final Decision determining theeligibility of the unlisted Native villageof Anton Larsen Bay, said decision ap-pearing in 39 FR 6624 (1974).

The decision was appealed by theAlaska Wildlife Federation & Sports-men's Council, Inc.; Philip R. Holds-worth; the State of Alaska; Sierra Club,Alaska Chapter; Ralph & Ethel Beamer;the U.S. Forest Service, Department ofAgriculture; and the U.S. Fish and Wild-life Service. The Ad Hoc Board, alsoknown as the Alaska Native Claims Ap-peal Board, directed that a hearing beand was conducted on August 2,1974 atKodiak, Alaska by an AdministrativeLaw Judge.

The Ad Hoc Board, on October 3, 1974determined that the unlisted Nativevillage of Anton Larsen, Bay, pursuantto section 11(b) (3), 43 U.S.C. Sec. 1610(b) (3) of the Act Is not eligible to receiveland benefits under section 14(a), 43U.S.C. sections 1613(a), of the Act.

The Ad Hoc Board thereby notifiedthe Director that his Final Decision cer-tifying the unlisted Native village ofAnton Larsen Bay as eligible shall, be-come ineligible for benefits under theAlaska Native Claims Settlement Act

which shall become final upon the per-sonal approval of the Secretary of theInterior..

In accordance with the Ad Hoc Board'sdecision, approved on October 23, 1974 bythe Secretary of the Interior, RogersC.B. Morton and by telegram dated Sep-tember 16, 1974 from Assistant Secretaryof the Interior, Royston C. Hughes, au-thorized the Director, Juneau Area Of-fice, Bureau of Indian Affairs, to certifythe unlisted Native village of AntonLarsen Bay as not eligible for benefitsunder the Alaska Native Claims Settle-ment Act, said Director, hereby certifiesthe unlisted Native village of AntonLarsen Bay is not eligible for benefitsunder said Act, said decision being notfurther -appealable, therefore issues tothe unlisted Native village of AntonLarsen Bay a Certification of Ineligi-bility.

CLARENCE AirmoQUA,Director.

JANuARY 9, 1975.[FR Doc.75-1491 Filed 1-16-75;8:45 am]

AYAKULIK, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior fo the Director, JuneauArea Office, Bureau of Indian Affairs, bySubpart 2651.2() '(6), (8), (9) and ('10)of Subchapter B of Chapter I of Title43 of the Code of Federal Regulationspublished on page 14223 of the May 30,1973, issue of the FEDERAL REGISTER (38FR 14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203, 92nd Congress; 85 Stat. 688-716),provides for the settlement of certainland claims of Alaska Natives and forother purposes. ' k

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pur-suant to the authority delegated him Inthe'regulations in 43 CFR Part 2650, au-thorizing him to make final decisions onbehalf of the Secretary of the Interioron the eligibility of Native villages forbenefits under the Alaska Native ClaimsSettlement Act, subject to appeal to theAd Hoc Board, published on May 31,1974, his Final Decision determining theeligibility of the unlisted Native villageof Ayakullk, said decision appearing In39 FR 16238 (1974).

The decision was . appealed by theAlaska Conservation Society, Kodiak-Aleutian Chapter; Alaska, ProfessionalHunters Association, Inc.; and the U.S;Fish. & Wildlife Service. The Ad HocBoard, also known as the Alaska Na-tive Claims Appeal Board, directed thata de novo hearing be and was conducted6n July 27, 1974 in Kodiak, Alaska byan Administrative Law Judge.

'The Ad Hoc Board, on September 26,1974 determined that the unlisted Nativevillage of Ayakulik, pursuant to section11(b) (3), 43 US.C. sec. 1610(b) (3) of theAct is not eligible to receive land bene-

fits under section 14(a), 43 U.S.C. sec-tion 1613(a), of the Act.

The Ad Hoc Board thereby notified theDirector that his Final Decision cer-tifying the unlisted Native village ofAyakulik as eligible shall become In-eligible for benefits under the Alaska Na-tive Claims Settlement Act which shallbecome flnal'upon the personal approvalof the Secretary of the Interior.

In accordance with the Ad Hoc Board'sdecision, approved on October 3, 1074, bythe Secretary of the Interior, Rogers C. B.Morton and by telegram dated Septem-ber 16, 1974 from Assistant Secretary ofthe Interior, Royston C. Hughes, au-thorized the Director, Juneau Area Ofice,Bureau of Indian Affairs, to certify theunlisted Native village of Ayakulit asnot eligible for benefits under the AlaskaNative Claims Settlement Act, said Di-rector, hereby certifies the unlistedNative village of Ayakulik is not eligiblefor benefits under said Act, said decisionbeing not further appealable, thereforeissues to the unlisted Native village ofAyakulik a Certification of Ineligibility.

CLARENCn ANTIOQUrA,Director.

JANmARY 9, 1975.[FR Doc.75-1492 Filed 1-15-75;8:4$ am]

BELLS PLATS, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea Office, Bureau of Indian Affairs, bySubpart 2651.2(a) (6), (8), (9) and (10)of Subehapter B of Chapter II of Title 43of the Code of Federal Regulations pub-llshed on page 14223 of the May 30, 1973issue of the FEDERAL REGisTrn (38 M14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203,92nd Congress; 85 Stat. 688-716), pro-vides for the settlement of certain landclaims of Alaska Natives and for otherpurposes.

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pursu-ant to the authority delegated him in theregulations in 43 CFRI Part 2650, au-thorizing him to make final decisions onbehalf of the Secretary of the Interior onthe eligibility of Native villages for bene-fits under the Alaska Native Claims Set-tlement Act, subject to appeal to the AdHoc Board, published on February 22,1974, his Final Decision determining theeligibility of the unlisted Native villageof Bells Flats, said decision appearing In39 FR 6740 & 6741 (1974).

The decision was appealed by the U.S.Fish & Wildlife Service; the State ofAlaska; the Sierra Club, Alaska Chapter;Ralph and Ethel Beamer; Philip R.Holdsworth; and the Alaska WlldlifoFederation & Sportsmen's Council, ThoAd Hoc Board, also known as the AlaskaNative Claims Appeal Board, directedthat a hearing be and was conducted onJuly 31, 1974 and August 1, 1974, at

FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975,,

NOTICES

Kodiak, Alaska by an AdministrativeLaw Judge.

The Ad Hoc Board, on September 20,1974 determined that the unlisted Nativevillage of Bells Flats, pursuant to section11(b)(3), 43 U.S.C. sec. 1610(b)(3) ofthe Act is not eligible to receive landbenefits under sec. 14(a), 43 U.S.C. sec.1613 (a), of the Act.

The Ad Hoc Board thereby notifiedthe Director that his Final Decision cer-tifying the unlisted village of Bells Flatsas eligible shall become ineligible forbenefits under the Alaska Native ClaimsSettlement Act which shall become finalupon the-personal approval -of the Secre-tary of the Interior.

In accordance with the Ad Hoc Board'sdecision, approved on October 3, 1974by the Sedretary of the Interior, RogersC. B. Morton and by telegram datedSeptember 16,1974 from Assistant Secre-tary of the Interior, Royston C. Hughes,authorized the Director, Juneau AreaOffice, Bureau of Indian Affairs, to cer-tify the unlisted Native village of BellsFlats as not eligible for benefits underthe Alaska Native Claims Settlement Act,said Director, hereby certifies the un-listed Native village of Bells Flats is noteligible for benefits under said Act, said.decision is'not further appealable, there-fore Issuesto the unli ted Native villageof Bells Flats a Certification ofIneligibility.

CLARENCE ANMTOQUA,Director.

JANUARY.9, 1975.[JFR Doc.75-1493 Filed 1-15-75;8:45 aml

KASILOF, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea Office, Bureau of Indian Affairs, bySubpart 2651.2(a) (6), (8), (9) and (10)of Subchapter B of Chapter 1[ of Title43 of the Code of Federal Regulationspublished on Page 14223 of the May 30,1973, issue of the FEDERAL REGISTER (38FR 14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203,92nd Congress; 85 Stat. 688-716), pro-vides for the settlement of certain landclaims of Alaska Natives and for otherpurposes.

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pursu-ant to the authority delegated him inthe regulations in 43 CFR.Part 2650, au-thorizing him to make final decisionson behalf of the Secretary of the Interioron the eligibility of Native -villages forbenefits under the Alaska Native ClaimsSettlement Act, subject to appeal to theAd Hoc Board, published on February 26,1974, his Final Decision determining theeligibility of the unlisted Native villageof Kasilof, said decision appearing in 39FR 7471 (1974).

The decision was appealed by theAlaska 'Wildlife Federation & Sports-men's Council, Inc.; Philip R. kolds-worth; the State of Alaska; the Sierra

Club, Alaska Chapter; U.S. Fish & Wild-life Service; and the Kenai PeninsulaConservation Society. The Ad Hoc Boarddirected that a hearing be and was con-ducted on July 17, 1974 at Soldotna,Alaska by an Administrative Law Judge.

The Ad Hoe Board, also known as theAlaska Native Claims Appeal Board, onSeptember 12, 1974 determined the un-listed Native Village of Kasilof, pursuantto section 11(b) (3) of said Act, 43 U.S.C.section 1610(b) (3), is not eligible to re-ceive land benefits under section 14(a),43 U.S.C. section 1613(a), of the Act.

The Ad Hoc Board thereby notified theDirector that his Final Decision certify-ing the unlisted Native village of Kasilofas eligible shall become ineligible forbenefits under the Alaska Native ClaimsSettlement Act which shall become finalupon the personal approval by the Sec-retary of the Interior.

In accordance with the Ad Hoc Board'sdecision, approved on September 24,1974by the Secretary of the Interior, RogersC. B. Morton and by telegram dated Sep-tember 16, 1974 from Assistant Secretaryof the I3terlor, Royston C. Hughes, au-thorized the Director, Juneau Area Office,Bureau of Indian Affairs, to certify theunlisted Native village of Kasilof as noteligible for benefits under the AlaskaNative Claims Settlement Act, said Direc-tor, hereby certifies the unlisted Nativevillage of Kasilof is not eligible for bene-fits under said Act, said decision beingnot further appealable, therefore issuesto the unlisted Native village of Kasilof aCertification of Ineligibility.

CLARENCE AirIoQom,Director.

JANUARY 9, 1975.[FR Doc.7b-1494 Fled 1-16-75;8:45 am)

LITNIK, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea Office, Bureau of Indian Affairs, bySubpart 2651.2(a) (6), (8), (9) and (10)of Subchapter B of Chapter II of Title 43of the Code of Federal Regulations pub-lished on page 14223 of the May 30, 1973,issue of the FEDERAL REcisTrR (38 FR14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203,92d Congress; 85 Stat. 688-716), pro-vides for the settlement of certain landclaims of Alaska Natives and for otherpurposes.

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pur-suant to the authority delegated him Inthe regulations in 43 CFR Parb 2650, au-'thorizing him to make final decisions onbehalf of the Secretary of the Interioron the eligibility of Native villages forbenefits under the Alaska Native ClaimsSettlement Act, subject to appeal to theAd Hoc Board, published on May 31,1974,his Final Decision determining the eligi-bility of the unlisted Native village ofLitnik, said decision appearing In 39 FR19239 (1974).

The decision was appealedby the Stateof Alaska; the Alaska ConservationSociety; Alaska Professional Hunters As-soclation, Inc.; and the U.S. Forest Serv-ice, Department of Agriculture. The AdHoc Board, also known as the AlaskaNative Claims Appeal Board, directedthat a hearing be and was conducted onAugust 5, 1974 at Kodiak, Alaska by anAdministrative Law Judge.

The Ad Hoc Board, on September 25,1974 determined that the unlisted Nativevillage of, Litnik, pursuant to section11(b) (3) of the Alaska Native ClaimsSettlement Act, 43 U.S.C. sec. 1610(b) (3),the unlisted Native village of Litnikis noteligible for benefits under section 14(a),43 U.S.C. sec. 1613(a), of the Act.

The Ad Hoc Board thereby notifiedthe Director that his Final Decision cer-

-tifying the unlisted Native village ofLitnik as eligible shall become ineligiblefor benefits under the Alaska NativeClaims Settlement Act which shall be-come final upon the personal approval ofthe Secretary of the Interior.

In accordance with the Ad Hoc Board'sdecision, approved on October 3, 1974, bythe Secretary of the Interior, Rogers C.B. Morton and by telegram dated Sep-tember 16, 1974 from Assistant Secretaryof the Interior, Royston C. Hughes, au-thorized the Director, Juneau Arca Office,Bureau of Indian Affairs, to certify theunlisted Native village of L.tnik as noteligible for benefits under the AlaskaNative Claims Settlement Act, saidDirector, hereby certifies the unlistedNative village of Litnik is not eligible forbenefits under said Act, said decisionbeing not furthar appealable, thereforeissues to the unlisted Native village ofLitnik a Certification of Ineligibility.

CLaNCE A=rioQ=I&,' Director.

JA MAR 9, 1975.[PR Doc.76,1495 Fled 1-15-75;8:45 am]

POINT POSSESSION, ALASKAIneligibility of Unlisted Village

This decision Is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea OhIce, Bureau of Indian Affairs, bySubpart 2651.2(a) (6), (8), (9) and (10)of Subehapter B of Chapter 3M of Title43 of the Code of Federal Regulationspublished on page 14223 of the May 30,1973, issue of the FEDERAL REcrs (38FR 14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203, 92nd Congress; 85 Stat. 688-716),provides for the settlement of certainland claims of Alaska Natives and forother purposes.

Accordingly, the Director, JuneauArea Office, Bureau of Indian Affairs,pursuant to the authority delegated himin the regulations in 43 CFR Part 2650,authorizing him to make final decisionson behalf of the Secretary of the Interioron the eligibility of Native villages forbenefits under the Alaska, Native ClaimsSettlement Act, subject torappeal to the

FEDIERL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

2843

2844

Ad Hoc Board, published on February 26,1974, his Final Decision determining theeligibility of the unlisted Native villageof Point Possession, said decision ap-pearing in 39 FR 7471 (1974).

The decision was appealed by theState of Alaska; U.S. Fish & WildlifeService; Sierra Club, Alaska Chapter;Alaska Wildlife Federation and Sports-men's Council; the U.S. Forest Service,Department of Agriculture; and PhilipR. Holdsworth. The Ad Hoc Board, alsoknown as the Alaska Native Claims Ap-peal Board, directbd that a hearing beand was conducted on July 21, 1974 atKodiak, Alaska by an AdministrativeLaw Judge.

The Ad Hoc Board, on October 17,1974 determined that the unlisted Nativevillage of Point Possession, pursuant toSection 11(b) (3) of the Alaska NativeClaims Settlement Act, 43 U.S.C. See.1610(b) (3), the unlisted Native villageof Point Possession is n6t eligible forbenefits under Section 14(a), 43 U.S.C.Sec. 1613 (a),of the Act.

The Ad Hoc Board thereby notifiedthe Director that his Final Decision cer-tifying the unlisted Native, village ofPoint Possession as eligible, shall becomeineligible for benefits under the AlhskaNative Claims Settlement Act whichshall then become final upon the per-sonal approval of the Secretary of theInterior.

In accordance with the Ad HoeBoard's decision, approved on November1, 1974, by the Secretary of the Interior,-Rogers C. B. Morton and by telegramdated September 16, 1974 from AssistantSecretary of the Interior, Royston C,Hughes, authorized the Director, JuneauArea Office, Bureau of Indian Affairs,to certify the unlisted Native village ofPoint Possession as not eligible for bene-fits under the Alaska Native ClaimsSettlement Act, said Director, herebycertifies the unlisted Native village ofPoint Possession is not eligible for bene-fits under said Act, said decision beingnot further appealable, therefore issuesto the unlisted Native village of PointPossession a Certification of Ineligi-bility.

CLARENCE ANTIOQUIA,Director.

JANUARY 9, 1975.[FR Doc.75-1496 Filed 1-15-758:45 am]

PORT WILLIAM, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea Office, Bureau of Indian Affairs,by Subpart 2651.2(a) (6), (8), (9) and(10) of Subchapter B of Chapter 31 ofTitle 43 of the Code of Federal Regula-tions published on page 14223 -of theMay S0, 1973 issue of the FEDERALREGISTER (38 M 14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Public Law92-203, 92nd Congress; 85 Stat. 688-716), provides for the settlement of cer-

NOTICES

tain land claims of Alaska Natives andfor other purposes.

-Accordingly, the Director, JuneauArea Office, Bureau of Indian Affairs,pursuant to the authority delegated himin the regulations in 43 CFR Part 2650,authorizing him to make final decisionson behalf of the Secretary of the Inte-rior on the eligibility of Native villagesfor benefits under the Alaska NativeClaims Settlement Act, subject to ap-peal to the Ad Hoc Board, publislied onMay 31, 1974, his Final Decision deter-mining the eligibility -of the unlistedNative village of Port William, said de-cision appearing in 39 FR 19241(1974).

The decision was appealed by the U.S.Forest Service, Department of Agricul-ture; Alaska Professional Hunters, As-soc.; the State of Alaska; Ralph & EthelBeamer; and the Alaska ConservationSociety.

The Ad Hoc Board, also known as theAlaska Native Claims Appeal Board,directed that a hearing be and was con-ducted on August 6, 1974 at Kodiak,Alaska by an Administrative Law Judge.• The Ad HocBoard, on October 21, 1974determined that the unlisted Native vil-lage of Port William, pursuant to section11(b) (3), 43 U.S.C. section 1610(b) (3) ofthe Alaska Native Claims Settlement Actof December 18, 1971, is not eligible toreceive land benefits under Sec. 14(a), 43U.S.C. Sec. 1613(a), of the Act.

The Ad Hoc Board thereby notified theDirector that his Final Decision certify-ing the unlisted Native village of PortWilliam as eligible shall become ineligiblefor. benefits under the Alaska NativeClaims Settlement Act which shall be-come final upon the personal approval ofthe Secretary of the Interior.,

In accordance with the Ad Hoc Board'sdecision, approved on November 1, 1974by the Secretary of the-Interior, RogersC. B. Morton and by telegram datedSeptember 16,1974 from Assistant Secre-tary of the Interior, Royston C. Hughes,authorized the Dlrectdr, Juneau AreaOffice, Bureau of Indian Affairs, to cer-tify the unlisted Native village of Port'William as not eligible for benefits underthe Alaska Native Claims SettlementAct, said Director, hereby certifies theunlisted Native village of Port William Isnot eligible for benefits under said Act,said decision is not further appealable,therefore issues to the unlisted Nativevillage of Port William a Certification ofIneligibility.

CLARENcE ArnoQun'A,.Director.

JANVAaY 9, 1975.[FR Doc.75-1497 riled 1-15-75;8:45 am]

SOLOMON, ALASKAIneligibility of Unlisted Village

This decision is published in exerciseof authority delegated by the Secretaryof the Interior to the Director, JuneauArea Office, Bureau of Indian Affairs, bySubpart 2651.2(a) (6), (8), (9) and (10)of Subehapter B of Chapter I1 of Title 43of the Code of Federal Regulations pub-

lished on page 14223 of the May 30, 1973,Issue of the FEDERAL REOISTr (38 FM,14223).

The Alaska Native Claims Settlement'Act of December 18, 1971 (Pub. ,. 92-203,92nd Congress; 85 Stat. 688-716), pro-vides for the settlement of certain landclaims of Alaska Natives and for otherpurposes.

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pursu-ant to the authority delegated him In theregulations in 43 CFR Part 2650, aU-thorizing him to make final decisions onbehalf of the Secretary of the Interior onthe eligibility of Native villages for bene-fits under the Alaska Native Claims Set-tlement Act, subject to appeal to the AdHoc Board, published on February .2,1974, his Final Decision determining theeligibility of the unlisted Native villageof SolomOn, said decision appearing in39 R 6745 (1974).

The decision was appealed by theAlaska Wildlife Federation & Sports-men's Council, Inc.; Philip R. Holds-worth; the State of Alaska; and the Sier-ra Club, Alaska Chapter, The Ad HocBoard, also known as the Alaska NativeClaims Appeal Board, directed that ahearing be and was conducted on July 10,1974 at Nome, Alaska by an Adminis-trative Law Judge.

The Ad Hoc Board, on September 10,1974 determined that the unlisted Nativevillage of Solomon, pursuant to section11(b) (3), 43 U.S.C. 1610(b) (3) of the ActIs not eligible to receive land benefitsunder section 14(a), 43 U.S.C. sections1613(a), of the Act.-

The Ad Hoc Board thereby notifiedthe Director that his Final Decisioncertifying the unlisted Native village ofSolomon as eligible shall become Ineligi-ble for benefits under the Alaska, NativeClaims Settlement Act which shall be-come final upon the personal approvalof the Secretary of the Interior.

In accordance with the Ad Hoc Board'sdecision, approved on October 3, 1974, bythe Secretary of the Interior, Roger C.B. Morton and by telegram dated Sep-tember 16, 1974 from Assistant Secretaryof the Interior, Royston C. Hughes, au-thorized the Director, Juneau AreaOffice, Bureau of Indian Affairs, to certifythe unlisted Native village of Solomon asnot eligible for benefits under the AlaskaNative Claims Settlement Act, saidDirector, hereby certifles the unlistedNative village of Solomon is not eligiblefor benefits under said Act, said decisionbeing not further appealable, thereforeissues to the unlisted Native village ofSolomon a Certification of Ineligibility.

CLARENCE ANTioQurA,Director.

JANUARY 9, 1975,[FR Doc.76--1498 Filed 1-16-76;8:46 am]

UGANIK, ALASKAIneligibility of Unlisted Village

This decision is published in exorcise ofauthority delegated by the Secretary ofthe Interior to the Director, Juneau Area

FEDEPAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

NOTICES

Office, Bureau of Indian Affairs, by Sub-part 2651.2(a) (6), (8), (9) and (10) ofSubchapter B of Chapter II of Title 43 ofthe Code of Federal Regulations pub-lished on page 14223 of the May 30, 1973,issue of the FEDERAL REGISTER (38 FR14223).

The Alaska Native Claims SettlementAct of December 18, 1971 (Pub. L. 92-203, 92nd Congress; 85 Stat. 688-716),provides for the settlement of certainland claims of Alaska Natives and forother purposes.

Accordingly, the Director, Juneau AreaOffice, Bureau of Indian Affairs, pursuantto the authority delegated him in the reg-ulations in 43 CFR Part 2650, authoriz-ing him.to make final decisions on behalfof the Secretary of the Interior on theeligibility of Native villages for benefitsUnder the Alaska Native Claims Settle-mentAct, subject to appeal to the Ad HocBoard, published on May 31, 1974, hisFinal Decision determining the eligibilityof the unlisted Native village of Uganik,said decision appearing in 39 FR 19241(1974).

The decision was- appealed by theAlaska Conservation Society, Kodiak-Aleutian Chapter; Alaska ProfessionalHunters Association, Inc.; and the U.S.Fish & Wildlife Service. The Ad HocBoard, also known as the Alaska NativeClaims Appeal Board, directed that a denovo hearing be and was conducted onJuly 25. 1974 in Kodiak, Alaska by an Ad-ministrative Law Judge.

The Ad Hoe Board, on October21, 1974determined that the unlisted Native vil-lage of Uganik, pursuant to Section 11(b) (3), 43 U.S.C. 1610(b) (3) of the Actis not eligible to receive land benefitsunder Section 14(a), 43 U.S.C. 1613 (a), ofthe Act.

The Ad Hoe Board thereby notifiedthe Director that his Final Decision cer-tifying the unlisted Native village ofUganik as eligible shall become ineligiblefor benefits under the Alaska NativeClaims Settlement Act which shall be-come final upon the personal approvalof the Secretary of the Interior.

In accordance with the Ad HocBoard's decision, approved on Novem-ber 1, 1974 by the Secretary of the In-terior, Rogers C. B. Morton and by tele-gram dated September 16, 1974 from As-sistaat Secretary of the Interior, .Roy-ston C. Hughes, authorized the Director,Juneau Area Office, Bureau of IndianAffairs, to certify the unlisted Native vil-lage of Uganik as not eligible for benefitsunder the AlasIca Native Claims Settle-nent Act, said Director, hereby certifies

the unlisted Native village of Uganik isnot eligible for benefits under said Act,said decision being not further appealabletherefore issues to the unlisted Nativevillage of Uganik a .Certification of In-eligibility.

CLAmwcE ANIoQrIA,Director.

JANuARY9,1975. -

PR Doc.75-1499 Filed 1-15-75;8:45 am]

Bureau of Land ManagementI NM 23G82i

NEVI MEXICOProposed Withdraal and Reservation of

Lands

J umyr 8, 1975.The National Park Service. U.S. De-

partment of the Interior, has filed appli-cation NM 23682 for withdrawal of theland described below from location andentry under the public land laws only.The applicant desires the lands for usein connection with the Capulin Moun-tain National Monument

On or before February 18. 1975. allpersons who wish 'to submit comments,suggestions or objections in connectionwith the proposed withdrawal may pre-sent their views in writing to the under-signed officer of the Bureau of LandManagement,, Department of the Inter-ior, P.O. Box 1449, Santa Fe, New Mexico87501.

The authorized officer of the Bureauof Land Management will undertake suchinvestigations as are necessary to deter-mine the existing and potential demandfor the lands and their resources. He wilalso undertake negotiations with the ap-plicant agency with the view of adjusting

-the application to reduce the area to theminimum essential, to meet the appli-cant's needs, to provide for the maximumconcurrent utilization of the lands forpurposes other than the applicant's, toeliminate land needed for purposes moreessential than the applicant's, and toreach agreement on the concurrent man-agement of the lands and their resources.

He will also prepare a report for con-sideration by the Secretary of the Inte-rior who will determine whether or notthe lands will be withdrawn as requestedby the applicant agency.

The determination of the Secretaryon the application will be published Inthe FEDERAL REGISTER. A separate noticewill be sent to each interested party ofrecord.

If circumstances warrant It, a publichearing will be held at a convenient timeand place, which will be announced.

The land involved in the applicationIs:

NEW MEXcO PaINCAL ME111&I

T. 29 N, R. 28 E,Sec. 5, NEV4 of lot 3, N74SLlA of lot 3 and

NESW, of lot 3.

-The area described aggregates 17.464acres in Union' County.

FRED E. PADILLA,Chief, Branch of Landdand Minerals Operations.

[FR Doc.75-1500 Filed 1-16-75;8:45 am]

[NM 242481- NEW MEXICO

ApplicationJAnuarr 9, 1975.

Notice is hereby given that, pursuantto section 28 of the Mineral Leasing Actof 1920 (30 U.S.C. 185), as amended by

23-45

the Act of November 16, 1973 (87 Stat.576), Northwest Pipeline Corporationhas applied for.a 4% inch natural gaspipeline right-of-way across the folow-inglands:

NEW MfzCO PINCnALtMmID&N,NEW MEXIco

T. C0NR. sW,Sec. 33. NWV4SW% and SSWI-.

This pipeline will convey natural gasacross .363 miles of national resourcelands in .Rio Arriba County, NewMexico.

The purpose of this notice is to informthe public that the Bureau will be pro-ceeding with consideration of whetherthe application should be approved, andif so, under what terms and conditions.

Interested persons desiring to expresstheir views should promptly send theirname and address to the District Man-ager, Bureau of Land Management, 3550Pan Amercan Freeway, NE, Albuquerque,NM 87107.

SrEL V. GoNz&zs,Acting Chief, Branch of

Lands and Minerals Operations.

[1. Doc.75-1501 Pled 1-15-75;8:45 am]

1IT.t 24249]

NEW MEXICOApplication

Jru= 9,1975.Notice is hereby given that, pursuant

to section 28 of the Mineral Leasing Actof 1920 (30 US.C. 185), as amended bythe Act of November 16, 1973 (87 Stat.576). El Paso Natural Gas Company hasapplied for two 4% inch natural gasPipelines rights-of-way acrofs the fol-lowing lands:

N=w MXco PanncswAL Llunsni, N=

T. 218., I. 26E,Sc. 4, Lots 10 and 21.

These pipelines will convey natural gasacross .283 miles of national resourceland in Eddy County, Newmexico.

The purpose of this notice Is to infannthe public that the Bureau will be pro-ceeding with consideration of whetherthe application should be approved, andif so. under what terms and conditions.

Interested persons desiring to expresstheir views should promptly send theirname and address to the District Man-ager, Bureau of Land Management, P0Box 1397, 1717 West Second Street,Eoswell, NM 88201.

STLzA V. GoNzlLEs,Acting Chief, Branch of

Lands and Mineral: Operatic.r DOc.75-15 0 P ed 1-25-75;8:45 am]

[NM 242501


JkuuAar 9, 1975.Notice is hereby given that, pursuant

to section 28 of the Mineral Leasing Act


NOTICES

of 1920 (30 U.S.C. 185), as amended bythe Act of November 16, 1973 (87 Stab.576), El Paso Natural Gas Company hasapplied for a 4V2 inch natural gas pipe-line right-of-way across the followinglands:NEw MLExIco PRINCIPAL MERIDIAN, NEW MntIacoT. 29 N., R. 11 W.

Sec. 9, SE/ NE/ 4 .

This pipeline will convey natural gasacross .215 miles of national resourcelands in San Juan County, New Mexico.

The purpose of this notice is to informthe public that the Bureau will-be pro-ceeding with consideration of whetherthe application should be approved, and,If so, under what terms and conditions.

Interested persons desiring to expresstheir views should promptly send theirname and address to the District Man-ager, Bureau of Land Management, 3550Pan American Freeway, NE, Albuquer-que, NM 87107.

STELLA V. GONZALES,Acting Chief, Branch of

Lands and Minerals Operations.(FR Doc.75-1503 Filed 1-15-75;8:45 am]

[NM 240711


JANuARY 8, 1975.Notice is hereby given that, pursuant

to section 28 of the Mineral Leasing Actof 1920 (30 U.S.C. 185), as amended bythe Act of November 16, 1973 (87 Stat.576), Transwestern Pipeline Companyhas applied for a 12-inch natural gaspipeline right-of-way across the follow-ing lands:

NEW MExIco PRINCIPAL IERIDIA

T. 22 S., R. 29 E.,Sec. 19, E12SE4. NW SE4;Sec. 20, SW/s 1 w';Sec. 28, S/ 2SW4, NW/ 4SW/4 ;Sec. 29, SWl4NE , E/2NW/ 4, NW 4NW/ 4,N12SE4;

See. 33, NV2 NE 4, SE 4 NEI/4 , NE4NWV;See. 34, SW!/4NWI/4. E/2SWJ, NWY4SW

and SJVWSE'/4 .T. 23 S., R. 29 E.,

Sec. 3, Lots 1, 2, SV2NEY, NEI/4SE/4;See. 11, SW/ 4NE 4, EVNWY4. NWI/4NWIA,E 2 SE!/4 , NW/ 4 SE ;

Sec. 12, SWV4SW ;Sec. 13, W!/2NEI/ 4 and N/ 2 NW/ 4 .

This pipeline will convey natural gasacross 6.838 miles of national resourc6lands in Eddy County, New Mexico.

The purpose of this notice is to informthe public that the Bureau will be pro-ceeding with consideration of whetherthe application should be approved, andIf so, under what terms and conditions.

Interested persons desiring to expresstheir views should promptly send theirname and address to the District Mana-ger, Bureau of Land Management, P.O.Box 1397, Roswell, NM 88201.

FRED E. PADILLA,Chief, Branch of Landsand Minerals Operations.'

[FR Doo.76-1604 l1ed 1-15-75;8:45 am]

[NM 24235, 24236, 24237, 24238, 24239,242401

NEW MEXICOApplication%

JANUArY 7, 1975.Notice is hereby given that, pursuant

to section 28 of the Mineral Leasing Actof 1920 (30 U.S.C. 185), as amended bythe Act of November 16, 1973 (87 Stat.576), El Paso Natural Gas Company hasapplied for five 4y2-inch and one 2%-inch natural gas pipelines rights-of-wayacross the following lands:

NEw MEXICO PRn CIpAL MmIDIAN,NEw LMImco

T. 32 N., 1t. 6 IV.,Sec. 30, Lot 3, NE/ 4SW , and NW/SEI/4 .

T. 30 N., R. 8 W.,Sec. 29, Lots 12 and 13.

T. 27 N., R. 9 W,Sec. 3, Lots 5 and 6.

T. 27 N., P.. 10 W.,Sec. 12, Lot 4, and SW4SE/&.

T. 29 N., n. 11w.,Sec. 5, SW SW4;Sec. 8, NW/ 4 NWV4 ..

These pipelines will convey naturalgas across 1.517 miles of national re-source lands in San Juan County, NewMexico.

The purpose of this notice is to in-form the public that the Bureau willbe proceeding with consideration ofwhether the application should be ap-proved, and if so, under what terms andconditions.

Interested persons desiring to expresstheir views should promptly send theirname and address to the District Man-ager, Bureau of Land Management, 3550

.Pan American Freeway, NE, Albuquer-que, NM 87107.

FRED E. PADILLA,Chief, Branch of Landsand Minerals Overations.

[FR Doc.75-1505 Filed 1-15-75;8:45 am]

NORTHWVEST PIPELINE CORP.Notice of Pipeline Application

JANUARY 9, 1975.Notice is hereby given that, pursuant

to section 28 of the Mineral Leasing Actof 1920 (41 Stat. 449), as amended (30USC 185), Northwest Pipeline Corpora-tion, P.O. Box 1526, Salt Lake City, Utah84110, has applied for a right of way fora natural gas pipeline across the follow-ing lands:

SIXTH PRINCIPAL TERIDIAN, COLORADO

T. 5 S., R. 102 .,Section 14: SE /4NEV4 , SW/4 NE 4 , Garfield

County, Colorado.

The pipeline is an addition to North-west Pipeline Corporation's natural gasgathering system in Garfield County,Colorado. The purpose of this project isto enable the applicant to meet increas-ing demands for natural gps.

The purposes of this notice are: to in-form the public that the Bureau of LandManagement will be proceeding with thepreparation of environmental and other

analyses necessary for determiningwhether the application should be ap-proved and, if so, under what terms andconditions; to allow Interested parties tocomment on the application; and to al-low any persons asserting a claim to thelands or having bona fide objections tothe proposed pipeline right of way to filetheir objections in this office, Any personasserting a claim to the lands or havingbona fide objections must include evi-dence that a copy thereof has been servedon the applicant.

Any comment, claim, or objection mustbe filed with the Chief, Branch of LandOperations, Bureau of Land Manage-ment, Colorado State Office, Room 700,Colorado State Bank Building, 1600Broadway, Denver, Colorado 80202,within thirty days from the date of thisnotice.

RODNEY A. RoRTS,Acting Chief, Branch of

Land Operations.[FR Doc.76-1392 Filed 1-16--75;8:45 aml

Bureau of ReclamationEL PASO COAL GASIICATION PROJECT

Public Hearing on Draft EnvironmentalStatement

Pursuant to section 102(2) (e) of theNational Environmental Policy Act of1969, the Department of the Interior hasprepared. a draft environmental state-ment for the El Paso Coal GasificationProject. This statement (INT DES 74-77) was made available to the public onJuly 16, 1974.

The draft environmental statementdeals with the construction and opera-tion of a development gasifier and mineproject, two commercial coal gasifica-tion complexes, and. the mine, all ofof which would be located about 35 milessouthwest og Farmington, New Mexico,on the Navajo Indian Reservation. Thefirst complex, capable of producing 208million cubic feet per day (MMCF/D) ofsubstitute pipeline gas would be opera-tional in 1978. The two complexes, witha total production capacity of 785MMCF/D would be operational in 1981.Water for the project will be suppliedfrom the Bureau of Reclamation'sNavajo Reservoir.

A public hearing will be ljeld in Farm-ington, New Mexico, at the Holiday Innfrom 10 a.m. until noon, from 1:30 p.m.to 5:30 p.m., and from 7 p.m. to 10 pm.on February 18, 1975, and in WindowRock, Arizona, at the Window Rock CivioCenter from 10 a.m. until noon, from1:30 p.m. to 5:30 p.m., and from 7 p,m.to 10 p.m. on February 19, 1975, to re-ceive views and comments relating tothe environmental impacts of this proj-ect. Oral statements at the hearing willbe limited to a period of ten (10) min-utes. Speakers will not trade their timeto obtain a longer oral prezentation;however, the person authorized to con-duct the hearing may allow any speakerto provide additional oral comment afterall persons wishing to comment havebeen heard. Speakers will be cheduled

FEDERAL REGISTER, VOL. 40, NO. 1ll-THUSDAY, JANUARY 16, 1975

NOTICES

according to the time preference men-tioned in their letters or telephone re-quests whenever possible, and any sched-tuled speaker not present when calledwil lose his privilege in the scheduledorder, and his- name will be recalled at-the end of the scheduled speakers. Re-quests for scheduled presentation will beaccepted up to 5 p.m-, February 14, 1975,-and any subsequent requests will behandled on a first-come-first-served basis'following the scheduled presentation.

Each organization or individual desir-Ing to present a statement at the hear-ing should contact Regional DirectorDavid T. Crandall, Bureau. of Reclama-tlon, Room 7201, 125 South State Street,Salt Lake City; Utah 84111, telephone(801). 524-5592, and announce the inten-tion to participate. Written commentsfrom those unable to attend, and fromthose wishing to supplement their oralpresentation at the hearing, should- bereceived by February 26, 1975, for in-clusion In the hearing record.

Dited:. Janupry-13, 1975.G. G. STAMU,

Commisiioner of Reclamation.IFR. Doc.75-1532 Filed 1-15-75;8:45 am]

National Park Service[Order No. 6]

ASSISTANT SUPERINTENDENT ET AL

Delegation of Authority

1. Assistant Superintendent. The As-sistant Superintendent may execute, ap-prove and administer contracts and issuepurchase orders not in excess of $10,000for supplies, equipment, and services inconformity with applicable regulationsand statutory authority and subject tothe availability of appropriated funds.Orders to GSA Centers and sources underestablished Federal Supply Schedules ofContracts or to other Fed6ral agenciesmay exceed this amount. This authoritymay be exercised by the Assistant Super--intendent in behalf of any office or areaadministered.by Mammoth Cave National-Park.

2. Administrative Officer. The Ad-':ministrative Officer may.execute, approveand administer contracts and issue pur-chase orders not in excess of $10,000 forsupplies, equipment and services n con-formity with applicable regulations andstatutory authority and subject to theavailability of appropriated funds.Orders to GSA Centers andsources underestablished Federal Supply.chedules ofContracts or to other Federal agenciesmay exceed this amount. This authoritymay be exercised by the AdministrativeOfficer in behalf of any office or area ad-ministered by -Mnmoth Cave NationalPark.

3. General Supply Specialist. The Gen-eral Supply Specialist may execute, ap-

.'prove and administer contracts and issuePurchase orders not in-excess of $5,000for supplies, equipment and services inconfdrnity with applicable regulationsand statutory authority and subject tothe availability of appropriated funds.

Orders to GSA Centers and sources un-der established Federal Supply Schedulesof Contracts or to other Federal agen-cies may exceed this amount. This au-thority may be exercised by the GeneralSupplY" Specialist in behalf of any officeor area administered by Mammoth CaveNational Park.

4. Great Onyx Job Corps Civilian Con-servation Center Director and the Ad-ministrative Officer. The Great Onyx JobCorps Civilian ConservIttlon CenterDirector and the Administrative Officermay execute, approve and adminlstercontracts and issue purchase orders hotin excess of $2,500 for supplies, equip-ment and services In conformity with ap-plicable regulations and statutory au-thority and subject to the availabilityof appropriated funds. Orders to GSACenters and sources under establishedFederal Supply Schedules of C6ntractsor to other Federal agencies may exceed-this amount.

5. Redelegation. The authority dele-gated in this Order No. 6 may not beredelegated.

6. Revocation. This order supersedesOrder No. 5, dated June 28, 1972 (37 FR12735).(National Park Service Order No. 77 (38 Fn7478) as amended; Southeast Region OrderNo. 5 (37 FR 721) as amnded)

Dated: September 11, 1974.

JOSEPH EVrxSz,Superintendent,

Mammoth Cave National Park.[FR Doc.75-1366 Filed 1-15-7C48:45 am]

[Order No. 101

ASSISTANT SUPERINTENDENT Er AL

Delegation of Authority

Delegation of authority regarding ex-ecution of contracts for supplies, equip-ment, or services.

1. Assistant Superintendent. The As-sistant Superintendent may execute, ap-prove, and administer contracts not inexcess of $75,000 for construction, sup-plies, equipment, and services in con-formity with applicable regulations andstatutory authority and subject to avail-ability of appropriated funds. This au-thority may be exercised by the AssistantSuperintendent In behalf of any office orarea adrnistered by Natchez TraceParkway.

2. Administrative Officer. The Admin-Instrative Officer, may execute, approve,and administer contracts not in excessof $50,000 for construction, supplies,equipment, and services In conformitywith applicable regulations .and statu-tory authority and subject to availabilityof appropriated funds. This authoritymay be exercised by the AdministrativeOfficer in behalf of any office or area ad-ministered by Natchez Trace Parkway.

3. General Supply Officer. The GeneralSupply Officer may execute, approve, andadminister contracts not in excess of$25,000 for construction, supplies, equip-ment, and services in conformity withapplicable regulations and statutory au-thority and subject to availability of ap-

propriated funds. This authority may beexercised by the General Supply Officerin behalf of any office or area adminis-tered by Natchez Trace Parkway.

4. Supervisory Park Rangers. The Su-pervisory Park Rangers in grades GS-9'and above may Issue field purchase or-ders (SF-44) not in excess of $500 forsupplies and equipment in conformitywith applicable rg-ulations and statu-tory authority and subject to ava labilityof appropriated funds.

5.-Park Rangers (General). The ParkRangers (General) n grades GS-9 andabove may issue field purchase orders(SF-44) not in excess of $500 for suppliesand equipment in conformity with ap-plicable regulations and statutory au-thority and subject to availability ofappropriated funds.

6. Maintenance Supervisors. Mainte-nance Supervisors in grades GS-11 andabove may issue field purchase orders(SF-44) not in excess of $500 for suppliesand equipment in conformity with ap-plicable regulations and statutory au-thority and subject to availability of ap-propriated funds.

7. Maintenance Foremen. MaintenanceForemen may issue field purchase orders(SF-44) notin excess of $500 for suppliesand equipment In conformity with ap-plicable regulations and statutory au-thority and subject to availability of ap-propriated funds.

8. Automotive Mechanic. The Automo-tive Mechanic may Issue field purchaseorders (SF-44) not In excess of $500 forsupplies and equipment In conformitywith applicable regulations and statu-tory authority and subject to availabilityof appropriated funds.

9. Clerk (Typing). The Clerk (Typing)at Ridgeland may Issue field purchaseorders (SF-44) not in excess of $500 forsupplies and equipment in conformitywith applicable regulations and statutoryauthority and subject to availability ofappropriated funds.

10. erocation. This Order supersedesOrder No. 9 which was issued May 19,1972 (37 FR 18406).(National Park Service Order No. 77 (38 FR7478), as amended. Southeast Ttegon OrderITo. 5 (37 EM 721) as amended)

C. W. OGr.E,Superintendent,

Natchez Trace Parkway.SrEvrmza 19,1974.IM boc.75-365 Filed 1-15-75;8:45 am]

Office of the Secretay

LIVESTOCK GRAZING ON PUBLIC LANDS

Schedule of Fees, 1975

Pursuant to the authority vested in theSecretary of the Interior, notice is herebygiven of the schedule of fees for the 1975fee year beginning March 1, 1975, andending February 29, 1976, for livestockgrazing on the public lands.

For the purpose of establishingcharges, one animal unit month CAUM)shall be considered equivalent to graz-ing use by one cow, five sheep, or onehorse for one month. The charge for onehorse is at twice the rate for one cow.


2847

NOTICES

Bills shall be issued in accordance withthe rates prescribed in this notice.

INSIDE STATUTORY GRAZING DISTRICTS

Pursuant to departmental regulations(43 CFR 4115.2-1(k)) as amended Jan-uary 16, 1975 (40 FR 2812), fees withindistricts, except as otherwise providedherein, shall be $1 per AUTM of which 50cents is the grazing use fee and 50 centsIs the range improvement fee.

Exceptions to the above rates arehereby set as follows for certain LUproject lands (national grasslands) inorder to continue the basis of fees thathas heretofore been established:

Arizona. For the San Simon project(Cienega area) transferred to the De-partment by Executive Order 10322, thefees shall be $1.46 per AUM of which 50cents is the giazing use fee and 96 centsis the range improvement fee.

Colorado. For the Great Divide projecttransferred to the Department by Execu-tive Order 10046, the fees shall be $1.13per AUJM of which 50 cents is the grazinguse fee and 63 cents is the range im-provement fee.

Montana. For all LU lands within dis-tricts transferred to the Department byExecutive Order 10787, the fees shall be$1.14 per AUM of which 50 cents is thegrazing use fee and 64 cents is the rangeimprovement fee.

New Mexico, For the Hope Land proj-ect transferred to the Department byExecutive Order 10787, the fees shall be$1.08 per AUM of which 50 cents is thegrazing use fee and 58 cents is the rangeimprovement fee. For the San Simonproject (Cienega area) transferred to theDepartment by Executive Order 10322,the fees shall be $1.46 per AUIM of which50 cents is the grazing use fee and 96cents is the range improvement fee.OUTSIDE STATUTORY GRAZImG DISTRICTS

(ExcLusIvE OF ALASKA)Pursuant to departmental regulations

(43 CFR 4125.1-1 (m) ), the rate for graz-ing leases except as otherwise providedherein, shall be $1 per AUM of which 25percent is the range improvement fee.

Exceptions to the above rate are herebyset as follows for certain LU projectlands and for all O&C and intermingledpublic domain lands in western Oregonin order to continue the basis of feesthat has heretofore been established:

Montana. For those Milk River Landproject lands outside districts transferredto the Department by Executive Order10787, the fee shall be $1.14 per AUM ofwhich 25 percent is the range improve-ment fee.

Wyoming. For the northeast Wyomingproject transferred to the Departmentby Execitive Order 10046. and amendedby Executive Order 10175, the fee shall be$1.13 per AUM of which 25 percent is therange improvement fee.

Western Oregon. For western Oregonthe fee shall be $1.14 per AUM.

JACK 0. HORTON,Assistant Secretary

of the Interior.JANUARY 10, 1975,[FR Doc.75-1403 Filed 1-15-75;8:45,am]

DIRECTOR, OFFICE OF EQUALOPPORTUNITY

Delegation of AuthorityThis notice is issued in accordance with

the. provisions of 5 U.S.C. 552(a) (1). TheSecretary of the Interior has issued anew delegation of authority'to the Direc-tor, Office for Equal Opportunity, regard-ing nondiscrimination under Trans-.Alaska Pipeline permits. The Director,Office for Equal Opportunity is des-ignated the Ddpartment of the InteriorCompliance Officer to perform functionsassigned to such Officer under regula-tions implementing section 403 of Pub.L. 93-153 (43 CFR 27). The delegationand designation were issued by ManualRelease Number 1705 dated December 19,1974, which added a new paragraph .2 tothe delegation of authority to the Direc-tor, Office for Equal Opportunity, pub-lished in Part 210, Chapter 7 of the De-partment of the Interior Manual. Thedelegation is published in its entiretybelow.

Further information regarding the del-egation of authority may be obtainedfrom Ms. Sharoi L. White, Office of theSolicitor, U.S. Department of the In-terior, Washington, D.C. 20240, telephone202-343-2162.

Dated: January 8, 1975.RIcHARD R. HITE,

Deputy Assistant Secretaryof the Interior.

DELEGATION-PAnT 210 OFFIcE FOn EQUALOs'roavuNrrr

CHAPTER 7 DIRECTOR, OFFICE FOR EQUALOPFoarc =rE; 210..1

.1 Delegation of Authority. Except as pro-vided in 200 DM 1,-thk Director, Office forEqual Opportunity is authorized to exercisethe authority of the Secretary of the Interiorwith respect to all phases of civil rights andequal opportunity. This authority includes

A. Direction of compliance and investiga-tive activities relating to civil rights andequal opportunity. "

B. Making final decisions on complaintsfiled by employees and applicants allegingdiscrimination on grounds of race, color,religion, sex or national origin.

.2 Nondiscrimination Under Trans-Alaska.Pipeline Permits. The Director, Office forEqual Opportunity is designated the Depart-ment Compliance Officer to perform functionsprescribed in 43 CFR 27, and Is delegatedthe authority of the Secretary of Interiorgranted by section 403 of Pub. L. 03-153, 87Stat. 576 necessary to perform functions ofthe Department Compliance Officer as spec-ified in regulations implementing section 403of Pub. L. 93-153, 43 CFR Part 27.

[FR Doc.75-1395 Filed 1-15-75;8,45 am]

[InT DES 75-1]

PROPOSED MILL CREEK METROPOLITANPARK

Availability of Draft EnvironmentalStatement

Pursuant to section 102(2) (C) of theNational Environmental Policy Act of1969, the Department of the Interior hasprepared a draft environmental state-ment for the proposed Mill Creek Metro-politan Park Acquisition project and In-

vites written comments on or beforeMarch 3, 1975. Comments from interestedmembers of the public should be ad-dressed to the Regional Director, LakeCentral Region, Bureau of Outdoor Rec-reation, 3853 Research Park Drive, AnnArbor, Michigan 48104.

The environmental statement con-siders the acquisition of 3501 acres ofland in Lima and Freedom Townships,Washtenaw County, Michigan, for in-tensive, multiple-activity, day-time rec-reation use focused around a 618-acreimpoundment to be created on MillCreek. Future development would helpsatisfy regional needs for water-basedoutdoor recreation in southeasternMichigan. Adverse impacts include re-moval of 3501 acres from agriculturaluse and the tax rolls, relocation of 44families, relocation and reconstructionof several roads and utility lines, disrup-tion of local traffic patterns, accelerationof residential development placing urbanpressure on farm operations, alterationof three miles of stream habitat toacquatic habitat, and temporary dust,erosion, and noise in the future fromconstruction activities.

Copies are available for ingpectlon atthe following locations:Bureau of Outdoor Recreation, Lake Central

Regional Office, 3853 Research Park Drive,Ann Arbor, Michigan 48104.

Bureau of Outdoor Recreation, Ofice of En-vironmental Affairs, Department of the"Interior, Washington, D.C. 20240.

Michigan Bureau of Programs and Budget,Division of State- Planning, 2nd Floor,Lewis Cass Building, Lansing, Mlchigan48913.

Southeast Michigan Council of Government,8th Floor, Book Building, 1249 WashingtonBoulevard, Detroit, Michigan 48220.

Washtenaw County Metropolitan PlanningCommission, County Building, Ann Arbor,Michigan 48108.

Chelsea Village Offices, 104 East MiddleStreet, Chelsea, Michigan 48118.

Chelsea Community Library, 221 South Main,Chelsea, Michigan 48118.Copies may be obtained by writing the

Environmental Law Institute, Suite 614,1346 Connecticut Avenue, NW., Wash-ington, D.C. 20036, or the Bureau of Out-door Recreation, Lake Central Region,3853 Research Park Drive, Ann Arbor,Michigan 48104. Please refer to the state-ment number above.

Dated: January 9, 1975.STANLEY D. Donnrius,

Deputy Assistant Secretaryof the Interior,

[FR Doc.75-1507 Filed 1-15-75;8:45 aml

DEPARTMENT OF AGRICULTUREFarmers Home Administration

[Notice of Designation Number A1211

NEBRASKADesignation of Emergency Areas

The Secretary of Agriculture has foundthat a general need for agricultural cred-it exists in the following counties inNebraska:CherryLincolnNanco

PlercoPlatto


2848

NOTICES

The Secretary has found that this needexists as a result of a-matural disasterconsisting of drought from June'1 toOctober 31,1974, in all five counties, earlyfrost September 3,1974, in-Pierce County

- and hail May 30 and June 3, 7, and 10,1974, and freeze September 3, 1974, inLincoln County.- Therefore, the Secretary has desig-nated these areas as eligible for Emer-gency loans, pursuant- to the provisionsof the Consolidated Farm and Rural De-velopient Act, as aniended by Pub. L.93-237, -and the provisions of 7 CER1832.3(b) including the recdmmendationof Governor J. James Exon that suchdesignation be made.

Applications for Emergencyloans mustbe received by this Department no laterthan March 7, 1975, for physical losses-and October 7, 1975, for productionlosses, except that qualified borrowerswho receive initial loans pursuant to thisdesignation may be eligible for subse-quent loans. The urgency of the need forloans in the designated areas makes itimpracticable and contrary to the pub-"lic interest to give advance notice of pro-posed rule making andinvite.public par-ticipation..

Done at Washington, D.C., this 10thday of January; 1975.

Ftmx B. ELLIOTT,Administrator,

Farmers Home Administration.

j[R-Doc.75-1529 Filed i-15-75;8:45 am]

Forest. Service

19^74 MAINE SPRUCE BUDWORM

Availability of 1975 Draft Addendum

Pursuant to section-102(2) (C) of theNational Environmental Policy Act of1969, the Forest Service-has prepared for1975 activities, a Draft Addendum to theUSFS 1974 Cooperative Spruce BudwormSuppression Project in Maine, USDA-FS-NA(Adm.)-1.

The Draft Addendum concerns a pro-posed cooperative aerial spray project ona maximum of 3,500,000 acres of stateand private woodlands in Aroostook,'Piscataquis, Penobscot, -Somerset andWashington Counties, Maine, to protectforest resources from mortality by thespruce budworm. To accomplish theseobjectives the insecticides mexacarbate,fenitrothion and carbaryl will be appliedby aircraft. -

This Draft Addendum was filed withCEQ on January 10, 1975.

Copies are available for inspection dur-ing regular working hours at the follow-ing locations:USDA, Forest ServiceSoutl Agriculture Bldg., Room 323012tbASt., &Independlence Ave., SW.Washington, DC 2 0250USDA, Forest Service6816 Market Street, Room 409.Upper Darby, PA 19082

A limited number of single copies areavailable upon request to Robert D.Raisch, Director. 7

Northeastern AreaState and Private Forestry6816 Market StreetUpper Darby, Pennsylvania 19082

Copies of the Draft Addendum to theEnvironmental Statement have beensent to various Federal, State, and localagencies as outlined in the CEQ guide-lines.

Comments are invited from the public,and from State and local agencies whichare authorized to develop and enforceenvironmental standards, and from Fed-eral agencies having Jurisdiction by lawor special expertise with respect to anyenvironmental impact involved forwhich comments have not been re-quested specifically.

Comments concerning the proposedaction and requests for additional infor-mation should be addressed to RobertD. Ralsch, Director, U. S. Forest Service,Northeastern Area, State and PrivateForestry, 6816 Market Street, UpperDarby, Pennsylvania 19082. Telephone215/597-3760. Comments must be re-ceived by March 11, 1975 in order to beconsidered in preparation of the FhalAddendum.

RoarR D. RAXSc,Director, Northeastern Area,

State and Private Forestry.J-UanY 10, 1975.

[Fa Doc.7-1400 Flied 1-15-75;8:45 am]

TIMBER MANAGEMENT PLAN REVISIONSBIGHORN NATIONAL FOREST

Availability of Draft EnvironmentalStatement

Pursuant to section 102(2) (C) of theNational Environmental Policy Act of1969, the Forest Service, Department ofAgriculture, has prepared a draft en-vironmental statement for the Timber.Management Plan Revisions for theBighorn National Forest. The ForestService report number is USDA-FS-R2-DES(Adm) FY-75-07.

The environmental statement con-cerns a proposal to revise the 1962(Rev.) Timber Management Plan forthe Bighorn National Forest in NorthernWyoming. Such Plans are required toregulate the flow of timber productsfrom National Forest lands.

This draft environmental statementwas transmitted to CEQ on January 10,1975.

Copies are available for inspectionduring' regular working hours at the fol-lowing locations:USDA. Forest ServiceSo. Agriculture Bldg., Room 323012th St. & Independence Ave., SWWashington, D.C. 20250USDA, Forest Service11177 West 8thAvenuoP.O. Box 25127Denver, Colorado 80225USDA, Forest ServiceBighorn National ForestColumbus BuildingP.O. Box 2046Sheridan, Wyoming 82801

A limited number of single copies areavailable upon request to W. J. Lucas,Regional Forester, USDA Forest Service,11177 West 8th Avenue, P.O. Box 25127,Denver, Colorado 80225.. Copies of the environmental stateifienthave been sent to various Federal, State,and local agencle as outlined in the CEQGuidelines.

Comments are Invited from the public,and from State and local agencies whichare authorized to develop and enforceenvironmental standards, and from Fed-eral agencies having jurisdiction by lawor special expertise with respect to anyenvironmental impact involved for whichcomments have not been requestedspecifically.

Comments concerning the proposedaction and requests for additional infor-mation should be addressed to W. J.Lucas, Regional Forester, USDA ForestService, 11177 West 8th Avenue, P.O. Box25127, Denver, Colorado 80225. Com-ments must be received by March 11,1975, in order to be considered in thepreparation of the final environmentalstatement.

CLAYToN B. PszcrDirector, Multiple Use and En-

vironmental Quality Coordi-notion.

JArNUAR 10, 1975.

IPR Doc.7S-1385 Filed 1-15-75;8:45 am]

SILVERLEADS PLANNING UNITAvarability of Final Environmental

StatementPursuant to section 102(2Y(C) of the

National Environmental Policy Act of1969, the Forest Service, Department ofAgriculture, has prepared a final envi-ronmental statement for SilverleadsPlanning Unit, Salmon National Forest,Idaho. The Forest Service report numberIs USDA-FS-FES (Adm) R4-75-3.

A final environmental statement hasbeen prepared on the proposed land useplan of the Sllverleads planning unit inthe Salmon National .Forest, Lemhi.County, Idaho. Approximately 24,000acres are Involved and have been dividedinto two management areas. The plansets forth the allocation of landito vari-ous uses and activities; establishes ob-Jectives; and documents managementdirection, decisions, and coordination.

This final environmental statementwas transmitted to CEQ on January 10,1975.

Co]iles are available for Inspectionduring regular working hours at the fol-lowing locations:USDA, Forest ServiceSouth Agriculture Bldg. Room 323012th St. & Independence Ave., S.W.Washington. D.C. 20250Regional Planning OflueUSDA, Forest ServiceFederal Building, Room 4403324-25th StreetO.den, Utah 84401

rEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

NOTICES

Forest SupervisorSalmon National ForestForest Service BuildingP.O. Box 729Salmon, Idaho 83467District Forest RangerNorth Fork Ranger DistrictNorth Fork, Idaho 83460

A limited number of single copies areavailable upon request to Forest SuperVi-sor John L. Emerson, Salmon NationalForest, P.O. Box 729, Salmon, Idaho83467.

Copies of the environmental statementhdve been sent to various Federal, State,and local agencies as outlined In theCEQ Guidelines.


VERN HAL=r,Regional Forester.

[FR Dor.75-1477 Filed 1-15-75;8:45 am]

ENVIRONMENTAL STATEMENT

Availability of Draft Addendum

Pursuant to section 102(2)(C) of theNational Environmental Policy Act of1989, the Forest Service, Department ofAgriculture, has prepared a draft adden-dum to the final environmental state-ment for vegetation maagement usingselective herbicides on the Siskiy6u, Sius-law, and Umpqua National Forests, Ore-gon, for the period July 1, 1975 throughJuly 1, 1976. USDA-FS-R6-DES(Adm)75-07.

The draft addendum concerns a pro-posed use of herbicides 2,4-D, 2,4,5-T,2,4,5-TP, Amitrole-T, atrazine, picloram,dalapon and dicamba to reduce the com-petition from native vegetation where ithampers forest management activities inOregon. The proposed uses of the her-bicides are for site preparation, releaseof conifers, right-of-way maintenance,maintenance of physical facilities, rangeimprovement work, and thinning andweeding of conifer plantations.

This draft addendum was transmit-ted to CEQ on January 10, 1975.

Copies are available for inspectionduring regular working hours at the fol-lowing locations:

USDA, Forest ServiceSouth Agriculture Bldg., Room 323112th & Independence Ave., S.W.Washington, D.C. 20250USDA, Forest ServicePacific Northwest Region319 S.W. Pine StreetPortland, Oregon 97208Slskiyou National Forest504 NW 6th StreetGrants Pass, Oregon 97526Siuslaw National Forest545 SW 2ndCorvallis, Oregon 97330Umpqua National ForestFederal Office BuildingRozeburg, Oregon 97470

A limited number of single copies areavailable upon request to Regional For-ester T. A. Schlapfer, Pacific NorthwestRegion, P.O. Box 3623,. Portland, Oregon97208.

Copies of the draft addendum havebeen sent to various Federal, state, andlocal agencies as outlined in the CEQguidelines.

Written comments are invited from thepublic, and from state and local agencieswhich are authorized to develop and en-force environmental standards, and fromFederal agencies having jurisdiction bylaw or special expertise with respect toany environmental impact involved forwhich comments have not been re-quested.specifically.

Written comments concerning the pro-posed action and requests for additionalinformation should be addressed to Mr.T. A. Schlapfer, Pacific Northwest Re-gion, P.O. Box 3623, Portland, Oregon97208. Comments must be received byMarch 8, 1975 in order to be consideredin the preparation of the final addendum.


FRANK J. KOPECKY,Deputy Regional Forester, •

Region 6.

[, Doo.75-1479 Filed 1-15--75;S:45 am]


MEAT IMPORT LIMITATIONSFirst Quarterly Estimates

Pub. L. 88-482, approved August 22,1964 (hereinafter referred to as the Act),provides for limiting the quantity offresh, chilled, or frozen cattle meat(TSUS 106.10) and fresh, chilled, orfrozen meat of goats and sheep, exceptlamb (TSUS 106.20), which may be im-ported into the United States In any cal-endar year. Such limitations are to beimposed when it is estimated by the Sec-retary of Agriculture that imports ofsuch articles, in the absence of limitationsduring such calendar year, would equalor exceed 110 percent of the estimatedquantity of such articles, prescribed bysection 2(a) of the Act.

In accordance with the requirementsof the Act, the following first quarterlyestimates for 1975 are published:

1. The estimated aggregate quantity ofsuch articles which would, in the ab-sence of limitations under the Act, beimported during calendar year 1975 is1,150 million pounds.

2. The estimated quantity of such ar-ticles prescribed by section 2 (a) of theAct during the calendar year 1975 is1,074.3 million pounds.

Since the estimated quantity of im-ports does not equal or exceed 110 per-cent of the estimated quantity prescribedby section 2 (a) of the Act, limitations forthe calendar year 1975 on the importa-tion of fresh, chilled, or frozen cattlemeat (TSUS 106.10) and fresh, chilledor frozen meat of goats and sheep (TSUS106.20), are not authorized to be imposedpursuant to Pub. L. 88-482 at this time.

Done at Washington, D.C., this 13thday of January 1975.

EARL L. BT'z,Secretary.

[IFR Doc.75-1408 Filed 1-15-75;8:45 am]

Sol] Conservation ServlcoCOUNTRY LINE CREEK WATERSHED

PROJECT, NORTH CAROLINAAvailability of Draft Environmental

Impact StatementPursuant to section 102(2)(c) of tho

National Environmental Policy Act of1969; Part 1500 of the Council on En-vironmental Quality Guidelines (38 FR20550, August 1, 1973); and Part 650.7(e) of the Soil Conservation ServiceGuidelines (39 FR 19650, June 3, 1974) ;the Soil Conservation Service, U.S. De-partment of Agriculture. has prepareda draft environmental impact statementfor the Country Line Creek WatershedProject, Rockingham and Caswell

#Counties, North Carolina, USDA-SCS-EIS-WS-(ADM)-75-4(D)-NC.

The environmental impact statementconcerns a plan for watershed protec-tion, flood prevention, municipal and In-dustrial water and recreation. Theplanned -works of improvement Includeconservation land treatment and twomultiple-purpose structures. One struc-ture will store 3,190 acre-feet of waterfor municipal and industrial use. Therecreational structure will provide 104,-200 visitor-days of recreation annually.Structural measures in combination withthe land treatment measures will re-duce flooding and flood damage3 on 1,920acres of flood plain land downstreamfrom the two structures.

A limited supply of copies is availabloat the following location to fill singlocopy requests:Soil Conservation Service, USDA, P.O. Box

27307, Raleigh, North Carolina 27011.Copies of the draft environmental Im-

pact statement have been sent for com-ment to various federal, state, and localagencips as outlined in the Council onEnvironmental Quality Guidelines. Com-ments are also invited from others hav-ing knowledge or special expertise onenvironmental impacts.

Comments concerning the proposedaction or requests for additional Infor-mation should be addressed to JesoHicks, State Conservationist, Soil Con-servation Service, P.O. Box 27307, Il-leigh, North Carolina 27611.

Comments must be received on or be-fore February 26,1975, in order to be con-sidered in the preparation of the finalenvironmental statement.(Catalog of Federal Domestic AststancoProgram No. 10.904, National Archive3 Rof-erence Services)

Dated: December 30, 1974.WnLiAm B. DAvzY,

Deputy Administrator for WaterResources, Soil Conservation Service.[FR Doc.75-1389 Filed 1-15-75;18:45 am]

ELK CREEK WATERSHED PROJECT,WEST VIRGINIA

Availability of Draft Environmental ImpactStatement

Pursuant to section 102(2) (C) of theNational Environmental Policy Act oX


2850

1069; Part 1500 of the Council on En-vironmental Quality. Guidelines (38 FR20550, August 1, 1973; and § 650.7(e) ofthe Soil Conservation Service Guidelines(39 FR 19650, June 3, 1974); the SoilConservation -Service, U.S. Departmentof Agriculture, has prepared a draft en-vironmental impact statement for theElk Creek Watershed Project, Barbour,Harrison, and Upshur Counties, WestVirginia, USDA-SCS-EIS-WS-(ADfM)-75-l-(D)-WVa.

The environmental impact statementconcerns a plan for watershed protec-tion, flood prevention, and recreation.The planned works- of improvement in-elude conservation land treatment, sup-plemented by 12 single-purpose flood-water retarding structures, one multiple-purpose structure- for flood preventionand recreation, and 1.3 miles of channelwork. The channel work will enlarge anddeepen the natural channel and gener-ally follow the present channel align-ment. About 0.4 mile of the channel willbe concrete-lined, and 0.9 mile will belined with grouted rock. This work in-volves a perennial stream through an in-dustrialized and urbanized-area. The rec-reational development will provide164,700 visitor-days of recreation an-nually.

A limited supply of copies is availableat the following location to fill singlecopy requests:Soil Conservation Service, USDA, P.O. Box

865, Morgantown, West Virginla 26505.

Copies of the draft environmentalimpact statement have been sent forcomment to various federal, state, andlocal agencies as outlined in the Councilon Environmenal Quality Guidelines.Comments are also invited from othershaving knowledge of or special expertiseoni environmental impacts.

Comments concerning the proposedaction or requests for additional infor-mation should be addressed to James S.Bennett, State Conservationist, SoilConservation Service, P.O. Box 865,Morgantown, West Virginia 26505.

- Comments mus=t be received on or be-fore February 28, 1975,. in order to beconsidered in the preparation of the finalenvironmental impact statement.(Catalog of Federal Domestic Assistance Pro-gram NoX. 10.904, National Archives Refer-enee Services)

-'Dated: December 30, 1974. .

WILXIAx B. DAVEY,Deputy Administrator for Water.

Resources, Soil Conservation Service.[FR Doc.75-1388 Filed 1-15-75;8:45 am]

LITTLE SANDY -CREEK AND TRAIL CREEKWATERSHED PROJECT, GEORGIA

- Negative Declaratior

Pursuant to section 102(2) (C) of theNational Environmental Policy Act of1969; part 1500.6(e) of the Council onEnvironmental Quality Guidelines (38FR 20550) August 1, 1973; 'and part650.8(b) (3) of the Soil ConservationService Guidelines (39 FR 19651) June 3,1974; the Soil Conservation Service, U.S.

Department of Agriculture, gives notice troversy is associated with the project.that an environmental impact statement -As a result of these findings, Mr. Wilsonis not being prepared for the portion of J. Parker, State Conservationist, Soil -Little Sandy Creek and Trail Creek Conserviltion Service, USDA, 134 SouthWatershed Project, Clarke, Jackson, and 12th Street, Room 604, Lincoln, NebraskaMadison Couhtles, Georgia, that has not 68508, has determined that the prepara-been Installed. tion and review of an environmental im-

The environmental assessment of this pact statcment Is not needed for thisfederal action Indicates that the project project.will not create significant adverse local, The project concerns a plan for water-regional, or national impacts on the en- shed protection and flood prevention.vironment and that no significant con- The remaining works of improvement astroversy is associated with the project, described In the negative declaration in-As a result of these findings, Mr. Charles elude conservation land treatment sup-W. Bartlett, State Conservationist, Soil plemented by twelve single purposeConservation Service, USDA, 200 Federal floodwater retarding structures and fourBuilding, 355 East Hancock Street, grade stabilization structures.Athens, Georgia 30601, has determined The environmental assessment file isthat the preparation and review of an available for inspection during regularenvironmental impact statement is not working hours at the following location:needed for this project. Soil Conn-vatlen service

The project concerns a plan for water- 134 South 12th Street, Room 604shed protection, flood prevention, and Lincoln. Nebraska 68508public recreation. The remaining "Requests for the negative declarationplanned works of improvement include should be sent to the above address.conservation land treatment supple- No administrative action In implemen-mented by four single purpose flood- tation of the proposal will be taken untilwater retarding strdctures, one multiple January3l,1975.purpose structure for floodwater retar-dation and recreation water storage, and (Catalog of Federal Domestic As3iLtance Pro-a recreational development adjacent to gram No. 10.904. National Archives refer-the multiple purpose reservoir. once Services)

The environmental assessment file Is Dated: January 9,1975.available for inspection during regular - Wn B. DAvEY,working hours at the following location: Deputy Administrator for WaterSol Conservation Service, USDA, 228 Fed- Resources, SoU Conservation Service.

eral Building, 355 East Hancockr Street, [PR Doc.'l--1388 Piled 1-15-75;8:45 amAthens, Georgia 30601. UM _____________Filed_1-15_75;8:45_a=]

Requests for the negative declaration DEPARTMENT OF COMMERCEshould be sent to the above address. Noadministrative action on implementation Maritime Administrationof the proposal will be taken until 15 S CANADA MAILdays after the date of this publication. Invitation for Sealed Bids for Bareboat(Catalog of Federal Domestlo Arztanco Pzo- Charter of Vessel;- Amendmentgram No. 10.904, National Archives RefitrencoServices), Notice is hereby given that Invitation

Dated: December 30,1974.Eucm C. Bui,

Acting Deputy Admfnistratorfor Water Resources, SoilConservation Service.

[FR Do.75-I387 Filed 1-15-75;8:45 a1]

MISSION CREEK WATERSHED PROJECTNEBRASKA & KANSAS

Negative DeclarationPursuant to section 102(2) (C) of the

National Environmental Policy Act of1969; part 1500.6(e) of the Council onEnvironmental Quality Guidelines (38PR 20550) August 1, 1973; and part 650.8(b) (3) of the Soil Conservation ServiceGuidelines (39 FR 19651) June 3, 1974;the Soil Conservation Service, U.S. De-partment of Agriculture, gives noticethat an environmental impact statementis not being prepared for the MisslonCreek Watershed Project, Pawnee andGage Counties, Nebraska and MarshallCounty, Kansas.

The environinental assessment of thisfederal action indicated that the projectwill not create significant adverse local,regional, or national impacts on the en-vironment and that no significant con-

for Bids No. 1, dated November 26, 1974.inviting eealed bids for the bareboatcharter of the SS CANADA MAIL; Offl-clal No. 297579, notice of which was pub-lished in the I zPmA. RES-TE on De-cember 6, 1974 (39 FR 42703), has beenamended by Addendum No. 2, dated

-January 8, 1975, so as to extend the timefor the receipt of bids from January 21,1975, to 11:00 am. ex.t, February 18,1975, and to provide for publie openingof such bids at 11:30 a.m., e.s.t., on saiddate at the office of the Maritime Ad-ministration, Room 3708, CommerceBuilding, 14th Street between E andConstitution Avenue, NW., Washington,D.C. 20230.

Dated: January 8, 1975.By order of the Assistant Secretary of

Commerce for Maritime Affairs.JAr S; DAwsoN, Jr.,

Secretary.IFR DoE.7-1539 Filed 1-15-75;8:45 am]

MERCANTILE NATIONAL BANKApproval of App!icant as Trustee

Notice is hereby given that MercantileNational Bank at Dallas, with offices at


NOTICES 28551

NOTICES

1704 Main Street. Dallas, Texas, has beenapproved as Trustee pursuant to PublicLaw 89-346 and 46 CFR 221.21-221.30.

BURT KYLE,Director, Office ofDomestic Shipping.

[FR Doc.75-1540 Filed 1-15-75;8:45 am]

National Oceanic and AtmosphericAdministration

AMERICAN TUNABOAT ASSOCIATIONMarine Mammals; Issuance of General

PermitNotice is hereby given that as a result

of hearings held on December 10 and 11,1974, and subsequent changes in regula-tions promulgated in accordance withthe Marine Mammal Protection Act of1972 (16 U.S.C. 1361-1407) 50 CFR216.24 of the regulations, the Director,National Marine Fisheries Service issuedamendment No. 1 to the General Permit(GP-1) issued to the American TunaboatAssociation, 1 Tuna Lane, San Diego,California on January 3, 1975.

Copies of the amendment are avail-able for public view at the offices of theDirector, National Marine FisheriesService, Washington, D.C., and the Re-gional Director, Southwest Region, Na-tional Marine Fisheries Service, TerminalIsland, California.

JACK W. GEHRINGER,Acting Director, National

Marine Fisheries Service.

JANuARY 10, 1975.[FR Doc.75-1515 Filed 1-15-75;8:45 am]

MARINE MAMMALSReceipt of Waiver Request

Notice is hereby given that pursuantto provisions of the Marine Mammal Pro-tection Act of 1972. 16 U.S.C. 1371(a) (3)(A), and the regulations promulgatedunder that Act, the Fouke Company ofGreenville, South Carolina, submitted a'request on November 26,1974, to Dr. Rob-ert M. White, Administrator, NOAA, fora waiver of the moratorium on the im-portation of fur ieal skins from the Re-public of South Africa. The request is for70,000 fur seal skins to be taken duringthe 1975 harvest.

JACK W. GEPINGER,Acting Director, National

Marine Fisheries Service.JANUARY 13, 1974.[FR Doc.75-1616 Filed 1-15-75;8:45 am]

STATE FISH AND WILDLIFE DIRECTORSFROM COASTAL AND GREAT LAKESSTATES

Public MeetingNotice is hereby given of a meeting

with State fish and wildlife directors

from coastal and Great Lakes States onWednesday and Thursday, February 12and 13. 1975. The meeting will com-mence at 9:00 am. on Februray 12 andat 8:30 am. on February 13. in the Wood-,ward Room at the National WildlifeFederation, 1412 16th Street, NW., Wash-ington, D.C.'

The topics to be discussed at the meet-ing are related to development of a Na-tional Fisheries Plan and will includethe following:

1. State-Federal Relationships Under Ex-tended Fisheries Jurisdiction.

2. Recreational Fisheries Management.3. Environmental Protection.

The meeting will be open to the publicthroughout February 12 and 13. Seatingspace will be available for approximately25 persons, in addition to those partic-ipating in the meeting. The public willbe admitted to the extent of seatingavailable on a first come, first servedbasis. Questions from the public will bepermitted during specific periods an-nounced by the Chairman.

Additional information , concerningthis meeting may be obtained by con-tacting Mr. Robert W. Schoning, Direc-tor, National Marine Fisheries Service,whose mailing address is: National Ma-rine Fisheries Service, Washington, D.C.20235. The telephone number is 634-7283.

- Issued at Washington, D.C., on Jan-uary 9, 1975.

ROBERT M. WHITE,Administrator, National Oceanic

and Atmospheric Administration.

JAN ARY 9, 1975.JVP Doc.75-1480 FUled 1-15-75;8:45 am]


CTAB PANEL ON PROJECTINDEPENDENCE BLUEPRINT

Meeting Cancellation

This is to announce the cancellation ofthe meeting of the Flue Gas Desulflur-izatlon Subcommittee of the CTAB Panelon Q Project Independence Blueprintwhich was scheduled for January 20, 21,22, and 23, 1975 in Room 3708 of theMain Commerce Building, Washington,D.C. The meeting was announced onpage 43649 of the December 17, 1974 is-.sue of the FEDERAL REGISTER.

Please note that the meeting 'of thefull Panel on Project IndependenceBlueprint to review the draft final re-port of the project's energy studyscheduled for January 21, 22 and 23,1975 in Suite 210, 1522 K Street, NW,Washington, D.C., which was announcedon pakes 43648-9 of the same issue ofthe FEDERAL REGISTER, Will take place asscheduled.

Dated: January 13,1975.

[Fr Doc.75-BETSY ANcKER-JoHNsoN.

1630 Filed 1-15-75;S:45 am]

DEPARTMENT OF HEALTH,EDUCATION, AND WELFARE

Alcohol, Drug Abuse, and Mental HealthAdministration

BOARD OF SCIENTIFIC COUNSELOR3,NIMH

Notico of RenewalPursuant to the Federal Advisory Com-

mlttee\ Act of October 6, 1972 (Pub. L.92-463, 86 Stat. 770-776), the Alcohol,Drug Abuse, and Mental Health Admin-istration announces the renewal by theSecretary, Department of Health, Edu-cation, and Welfare, on December 30,1974, with the concurrence of the Offlcoof Management and Budget CommitteeManagement Secretariat of the followingadvisory committee:

Designation. Board of Scientiflc Coun-selors, IMIEH

Authority for this committee will ex-pire January 4, 1977, unless the Secre-tary formally determines that continu-ance is in the public interest.

Dated:JALsxS D. IDisTERn,

Acting Administrator, Alcohol,Drug Abuse, and MentalHealth Administration.

[ R Doc.75-1442 Piled 1-1-75:8:45 aml

Center for Disease ControlCOAL MINE HEALTH RESEARCH

ADVISORY COMMITTEERechartering

Pursuant to the Federal Advisory Com-mittee Act, 5 U.S.C.Appendix I, the Cen-ter for Disease Control announces therechartering by the Secretary, DHEW,on December 24, 1974, of the Coal MineHealth Research Advisory Committee.

Dated: January 9,1975.DAVID J. SENCur,

Director, Center forDisease Control.

[r, DoC.75-1541 Filed 1-15-758:45 am]

Food and Drug Administration[NADA No. 2-1151

H. CLAY GLOVER CO., INC.Glover's Imperial Capsules, Veterinory,* Withdrawal of Approval of New Animal

Drug ApplicationH. Clay Glover Co., Inc., Toms River,

NJ 08753, holder of new animal drug ap-plication (NADA) No. 2-115 for Glover'sImperial Capsules, Veterinary, has re-quested in a letter dated October 1, 1974that the application be withdrawn andhas waived the opportunity for hearing.The application was approved on Febru-ary 20, 1940, as an over-the-counter oralanthelmintic capsule containing n-butylchloride for use In dogs. It Is not for usein food-producing animals.

In accordance with § 135.28 (21 CFR135.28), this notice is Issued based upona finding by the Commisisoner that man-ufacturing control information is inade-quate by today's standards. The firm has

FEDERAL REGISTER, VOL. 40, NO. 1I-THURSDAY, JANUARY 16, 1975

-NOTICES

'been advised that an update of such in-'formation is required to continue mar-keting 4ts product as approved. In lieuof the submission of the -requested infor-mation and in view of tli fact that thedrug is no longer 'being distibuted, thefirm has requested 'withdrawal of ap-proval and has waived an opportunity-for hearing.

Accordingly, the -Commissioner con-cludes that approval of said NADA shouldbe withdrawn. Therefore, .pursuant toprovisions oIthe Federal Food, Drug, andCosmetic Act (sec. .512(e), 82 Stat. 345-347, 21 US.C. 360b(e)) and under au-thority delegated to -e Commissioner ofFood andlrugs (21 CFR 2.120), approvalof NADA No. 2-1715 m-,ad all supplementsand amendments thereto for Glover'sJmperial Capsules, Veterinary, for dogsis -hereby withdrawn effective January16, .1975.

Dated:-January 8, 1975.

iSAT 1D. 'RITM,-Assocate Commissioner

for Compliance.![FDo=75-103Olled 1-15-'5; -:4.5 am]

Office of Education

.CAREER OPPORTUNITIES ,AND 'URBANYRURAt SCHOOL DEVELOPMENT

PROGRAMS

'Closing Date "for 'Receipt 'of -Applications.Notice is hereby -given that pursuant

to the authority -contained in Title V,-Part D -of the Higher Education Act of1965 'as amended (20 U.S.C. 1119). ap-.plications are being accepted for non-competing oontinuation grants under theCareer Opportunities -nd Urban/RuralSchool Development'Programs No appli-cations for newgrants under these pro-grams will be-accepted,,nor .will applica-tions'be accepted to continue Career Op-portunities 1rogram projects which havealready received -ull funding under thisprogram ifor .five years.

.Inx eviewingapplications for continua-tion projects to be awarded in iscalYear1975, the Commissioner -will utilize thereview criteria setforthhin 45-CFR 100a.-26, will evaluate the extent to which theprojectis-meeting the objectives set forthin Its previously approved work state-ment and the extent to which it is meet-ing the lunding criteria used in makingthe previous award, and will consider-whether the trainees to be served by theproject would be able to obtain reason-able access to comparable services pro-vided by other projects, institutions oragencies serving the same area.

In order to-be assured of considera-tion for funding from appropriations forFiscal Year 1975, applications for thenational projects -- nder these programsshould be received by the U.S. Office ofEducation Application Control Center onor before February 10, 1975.

All other applications should be xe--ceived by the 7appropriate U.S. Office of,Education Regional Office on or before'February 10, 1975.

AL Applications -sent by mall. An ap-Vlication 'for a national project grant

sent by mail s'hduld be addres-ed= 161-lows: U.S. Office of Education, App'ca-tion Control Center, 400 'Maryland Ave-nue, SW., "Washington, D.C. 20202. Theaddress for applications for'mnational.project grants In the Career Opportunl-ties Pxogram should be marked: Atten-tion 13.421. The- address for applicationsfor national project grants In the Urban/-Rural School Development Po:ramshould be marked: Attention 13505.

Applications for all other Career Op-.portunities and Urban/Rural School De-velopment project grants sent by mall

.should 'be addressed to the appropriateuz. Office of Education Mcgional Officeas follows:

I atzonrI-Mosrol;

1Js. Ruth -MoranApplication Control CenterOffice of Educatlon/DHEWJ. 7. Rennedy Federal Bldg-.-oozn '3Boston, Massachusetts 02203

REamn II-Nrw' yoe=

Application-Control CentcrOm1ce of EducatlonMDE="'26 Federal laza-?Domn 3954New'York.'New Tork 10007

REIoN m--FmALrzmAMr. James obartsOffice of Education/DHEW3535 New 'Gateway Bldg-Rcom 16200Philadelphia, Pennsylvania 19103

Rzaxn V-&XLANT

Mm :Gusslo Rudin'OMco of Zducatlon/DHEW;Application Control-Conter

0 Seventh-Stret.NE.Atlanta, Georgia 30323

Rt:ON V--CccoApplication Control Center

-Offico-of Education/DHEW300 South Wacker Drlve--32nd XloorCe-.ago,.lluno L£0608

RtEGION VT-DAlLUMWrs.'Virginia LynnApplication Control CenterOffico of Education/DHEW1114 Commerce Street-VRoom 1011Dallast Texas 75202

ltGIoN VII-XA.N.sAs Crrr

Application Control Center'Offieo of Education/DREWNeow Federal Omce BldG.-Room -48601 East 12th StreetKansas City. Mlsaourl 64108

ILMMN vm1E-DzvniApplication Control CenterOfilco of EducatIon/DHEWFederal Regional Ofce Bldg.-Room 110231961 Stout street'Denver, -Colorado 80202

REIMN X-SAN cxscoApplication Control CenterOfco of Education/DEW50 Fulton Street--Room 334

53.(Francisco. California 94102REGioN X-_ScrTu

Applicatton 'Control Center.Office of Education/DHEWArcade Plaza Building1321 Second Avenue-Boom 503Seattle, Wasbington 08101

2853

An application sent by mail will beconsidered to have been received on timeby the U.S. Office of Education Applica-tion Control Center in Washington, D.C.,or by a U.S. Office of Education RegionalOffice If:

(1) The application was sent byxegis-tered or certified mail not later tha-n thefifth calendar day Lprior -to the closingdate (or if such fifth calendar day is aSaturday, Sunday. or Federal holidaynot later than the 'ext following busi-nes day), as evidenced by the US.nFstalService postmark on the wrapper or en-velope, or on the original receipt fromthe U.S. Postal Service; or

(2) The application Is received on -orbefore the closing date by ,the Depart-ment of Health.Education, and Welfare,U.S. Office of Education mail room inWashington, D.C., or the appropriateU.S. Office of Education Regional Officemall room. (In establishing the date ofreceipt, the Commissioner will rely on thetime-date stamp of such mil rooms orother docilmentary evidence -of 'receptmaintained by the Departmentv'ofealth,Education, and Welfare, or the'MS. Of-fice of Education and Its Regional Of-fices.)

B. Hand delivered applications. An'p-plication form ' atonal project' rnt tobe hand delivered must be taken to theU.S. Office of Education Application Con-trol Center, Room 5673, Regional OfficeBuilding Three, 7th -andf 'Strees, ZW:.,Washington. D.C. Hand delivered appli-cations will be accepted daily between-the hours of 8 aJm. and 4 pm. Washing--ton, 'D.C. time except Saturdays, 'Sun-,days. -or -Federal holidays. Applicationswill not be accepted -after 4 pm. -on the-closlng date.

All other applications to be liand de--livered -must be takento the appropriate'US. Office of Education Regional Office.at theuddress listed under PartA thtisnotice. ZNo application will be acceptedafter the normal close of business time-by na- U.. Office of Education RegionalOfflee on the clozing date.

'C. Pronram Information and forms.Information and application 'forms fornational project grants may be obtainedfrom the Division of Educational Sys-tems Development, Bureau of Occupa-tional and Adult Education, Office of Ed-ucation, Room 3032, Regional OfficeBuilding Three, 7th & D Streets, SW.,Washington, D.C. 20202.

Information and application foms forall other project applications may beobtained from the Education Profes-slons Development Act CEPDA) ProjectOfficer in the 'appropriate US. Office ofEducation Regional Office, at one of theaddresses which follow:

.FZoM I I

Ofco of Education/DHEWJ. P. Mennedy TFederal BuidingMoston.-'azachuretts 02203

REror IxOmco or Educatlon/DREW20 Federal PlazaN~ow 'ork, New York 10007

FEDERAL REGISTER, 'VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

NOTICES

REGION IIOffice of Education/DHEW407 N. Broad StreetP.O. Box 12900Philadelphia, Pennsylvania 19108

REGoN IVOffice of Education/DHEW60 Seventh Street, NE.Atlanta, Georgia 30323

REGION V

Office of Education/DHEW300 South Wacker DriveChicago, "nilnois 60600

REGION VOffice of Education/DHEW1114 Commerce StreetDallas, Texas 76202

REGION VIZOffice of Education/DHEW601 East 12th StreetHansas City, Missouri 641013

REGION VIXEOffice of Education/DHEWFederal Office Building19th and Stout StreetsDenver, Colorado 80202

REGI6N IX

Office of Educatlon/DHEW50 Fulton StreetSan Francisco, California 94102

REGION X

Office of Education/DHEWArcade Plaza Building1319 Second AvenueISeattle, Washington 98101

D. Applicable regulations. The regula-tions applicable to these programs in-clude the Office of Education GeneralProvisions Regulations (45 CFR Part100a) published in the FEDERAL REGISTERon November 6, 1973 at 38 FR 30654 andthe Education Professions DevelopmentRegulations (45 CPR Part 174) publishedin the FEDERAL REGISTER on March 21,1974 at 39 FR 10566. (20 U.S.C. 1119)(Catalog of Federal Domestic Assistancenumbers 13,421 (Educational PersonnelTraining Grants-Career Opportunities) and13.605 (Educational Personnel Development-Urban/Rural School Development))

Dated: January 11, 1975.T. H. BELL,

U.S. Commissioner of Education.[FR Doc.75-1571 Filed 1-15-75;8:46 am]

NATIONAL ADVISORY COUNCIL ONEQUALITY OF EDUCATIONAL OPPOR-TUNITY

Public MeetingNotice Is hereby given, pursuant to

section 10(a) (2) of the Federal AdvisoryCommittee Act (Pub. L. 92-463), that theNational Advisory Council on Equality ofEducational Opportunity will convene at9:00 AM on Friday, February 28 until4:00 PM and reconvene at 9:00 AM onSaturday, March 1 until 1:00 PM at theHoliday Inn, Rivermont, Memphis, Ten-nessee.

The National Advisory Council onEquality of Educational Opportunity Is

established under section 716 of theEmergency School Aid Act (Pub. L. 92-318, Title VII). The Couiicil is estab-lished to advise the Assistant Secretary

-for Education with respect to the opera-tion of programs under the Act, and toreview the operation of such programs.

The meeting of the Council shall beopen to the public. The proposed agendaincludes subcommittee reports from theEvaluation Subcommittee, the Legal andInteragency Subcommittee, and theState Departments of Education Sub-committee. The Report Writing Commit-tee will submit its recommendations forthe Council's final report. There will bea special report by the Office of the Dep-uty Commissioner for Planning, U.S.Office of Education as well as a statusreport on the Emergency School AidProgram by the Associate Commissionerfor Equal Educational Opportunity, U.S.

'Office of Education.Signed at Washington, D.C. on Jan-

uary 10. 1975.HERII AN R. GOLDBERG,

A Associate Commissioier jorEqual Educational Opportunity.

[FR Doc.75-1489 Filed 1-15-76;8:45 am]

National Institutes of HealthAD HOC REVIEW GROUP ONBREAST CANCER TREATMENT

MeetingPursuant-to Pub. L. 92-463, notice is

hereby given of the meeting of the AdHoc Review Group on Breast CancerTreatment, National Cancer Institute,February 9, 1975 and February 11, 1975,El Tropicano Motor Hotel, CentralAmerican Room, San Antonio, Texas.

This meeting will be open to the publicon February 9, 1975 from 7:30 PM. to8:00 P.M., to discuss general programsassociated with the treatment of breastcancer. Attendance by the public will belimited to space available. In accordancewith the provisions set forth in sections552(b) (4) and 552(b) (6), Title 5, U.S.Code and section 10(d) of Pub. L. 92-463, the meeting will be closed to thepublic on February 9, 1975 from 8:00P.M. to 11:00 P.L and on February 11,1975 from 8:00 P.M. to 11:00 P.M. forthe review, discussion and evaluation ofindividual research contract proposals.The proposals contain information of aproprietary or confidential nature, in-cluding detailed research protocols, de-signs, and other technical information;financial data, such as salaries; and per-sonal information concerning Individ-uals associated with the proposals. Nosession of the meeting will be held onFebruary 10, 1975.

Mrs. Marjorie F. Early, CommitteeManagement Officer, NCI, Building 31,Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries of themeeting and rosters of committee mem-bers.

Mary E. Sears, M.D., Executive Secre-tary, Landow Building, Room A-416, Na-

tional Institutes of Health, Bethesda,Maryland 20014 (301/496-6773) will fur-nish substantive program Information.

Dated: January 9, 1975.SuZANss L. FnrI2AIv,

Committee Management Offleer,National Institutes of Health,

(Catalog of Federal Domestic Assistance Pro-gram No. 13.825, National Institutms ofHealth)

Ira Doo.75-1428 Filed 1-15-75;8-40 nm]

NATIONAL CANCER ADVISORY BOARDSUBCOMMITTEE ON CENTERS

MeetingPursuant to Pub. L. 92-463, notice Is

hereby given of the meeting of the Na-tional Cancer Advisory Board Subcom-mittee on Centers, National Cancer In-stitute,-at 9 aam. on February 24, 1975,-InConference Room 8, C Wing, Building 31.

This meeting will be open to the publicfrom 9 an. to 9:30 a.m. to discuss thepurpose of the meeting, the membershipand Identification of those present, andrules for conducting meetings. Attend-ance by the public will be limited to spaceavailable. In accordance with the provi-sions set forth in sections 552(b) (4) and552(b) (6), Title 5, U.S. Code and section10(d) of Pub. L. 92-463, the meeting willbe closed to the public from 9:30 a.m. to5 p.m. or to adjournment for the review,discussion, and evaluation of Individualgrant applications. The individual appli-cations contain information of a propri-etary or confidential nature, Includingdetailed research protocols, designs, andother technical Information; financialdata, such as salaries; and personal In-formation concerning individuals asso-ciated with the applications.

Mrs. Marjorie F. Early, CommitteeManagement Officer, NCI, Building 31,Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries ofmeetings and rosters of committee mom-bers.

Dr. John W. Yarbro, Executive Secro--tary, Westwood Building, Room 832, DI-vision of Cancer Research Resources andCenters, NCI, National Institutes ofHealth, Bethesda, Maryland 20016 (301/496-7427) will furnish substantive pro-gram information.(Catalog of Federal Domestic Assistance Pro-gram No. 13.812, National Instltutes ofHealth)

Dated: January 9, 19765.SuZAN L. FUnhSAT?,

Committee Management Officer,National Institutes of Health.

[FR Doc.75-1431 Filed 1-1-75;8:46 aml

ADVISORY COMMITTEESCharter Renewals

The Director, National Institutes ofHealth, announces the renewal ofcharters on December 20, 1074, of the ad-visory committees indicated below by theDirector, National Cancer Institute. Suchadvisory committees shall be governed by

FEDERAL REGISTER, VOL 40,NO. 11-THURSDAY, JANUARY 16, 1975

NOTICES

-the frovisions of the Federal AdvisoryCommittee Act (Public Law 92-463) -set-ting forth standards governing the es-tablishment and use of advisory commit-tees. These committees will terminate onDecember 20, 1976, unless renewed byappropriate action as autiorized by law.

Committees established under the au-thority of section410 (a) 13) of fhe PublicHealti'W-Service Act (42 U.S.C. 286d) are:Biometry and Epidemlology'Contract Review

CommitteeBoard of' Slentific 'Counselors of the Division

of Cancer-Biology and DiagnosisBoard of Scien'tfic Counselors'of the Division-of Cancer Treatment (formerly Cancer71'reatment Advisory Committee)

Breast Cancer Diagnosis CommitteeBreast Cancer Epidemlology CommitteeBreast Cancer Experimental Biology Commit-

teeBreast Cancer Mreatment CommitteeCommittee on. Cytology AutomationCommittee-on CancerImmunoblologyCommittee on Cancer ImmunodiagnosLsCommittee on Cancer ImmunotherapyDiagnostic Ptafiology CommitteeDiagnosti nesearch-Advsor-OroupThlrd.National Cancer Survey.Utilizatlon-Ad-

visory CommitteeTobacco Working .Group

"Committees established under theau-thority of section 41OA(a) of the Public-Health Service Act (42 U.S.C. 286e) -are:Cancer Clinical -Investigation Review Com-

mitteeCaneer SpeciaT Progim Advisory Committee

DatedauaJmar 9, 4975.. :ao-HAVRS,

Acting Director,National Institutes of Health.

PM M&Dc--1419 FPiled J-15-,-9;8:45 am]

BEHAVIORAL SCIENCES RESEARCH

'CONTRACT REVIEW COMMITTEE.-Meeting

Pursuant to Pub. I. 92-463, notice is-hereby given of the meetin'g of the Be--havioral-Sciences Research Contract-Re-'view Committee, 'National Institute of:Child IHealth and Human Development,February 20-21, 1975, Iandow 'Building,Room C-418, 7910-Woodmont Avenue,'Bethesda, -Maryland.

'The meeting will be open to'the public-from 2:00 pa. to 75:00 pm. on Febru-ary'20 Tor progress reports -and program'lans by the staff of the Behavioral'Sciences Branch and discussion of majorresearch needs -in the, social and behav-loral sciences relating to population At--tendance by the public will be limited'to space "available. 'In -accordance withthe provisions set forth in-section 552 (b)(4) and 552 (b) (6), Title5, US.. Code andsection 10 (d) of Pub. L. 92-463, the meet-ing will be closed to the public on Febru-ary 21 from 9:00 am- to adjournment forthe review, discussion, and evaluation ofIndividual contract proposals. The pro-posals contain information .of a proprie-tary or confidential nature, including de-tailed research _protolcos, designs, andother technical -information; financialdata, such -as salaries; and personal in-

'formation concerning individuals asso-ciated with the proposals.

Mrs. Marjorie Neff, Committee Man-agement Officer, NICHD, LandowBuilding, Room C-603, National Insti-tutes of Health, Bethesda, Maryland,Area Code 301, 496-1756, -will providesummaries of meetings and rosters ofcommittee members. Dr. Jerry Combs,Chief, Behavioral Sciences Branch, Cen-ter for Population Reearch, ,ICED,Landow Building, Room C-719, NationalInstitutes of Health. Bethesda, Mary-land, Area Code 301, 496-1174; will fur-nish substantive program information.

Catalog of Federal Domcatic A^mltanceProzram No. 13-832, National Institutes ofHecalth.

-Dated: January-9,1975

SUz7AZnE 1L. FRELEU,Committee Management Officer,

National Institutes of Heat.

I-FRUDao -.51427 Picd 1-15-75;8:45 am]

BOARD OF 'REGENTS

,Meeting

Pursuant to Pub. I. 92-463, notice Ishereby given of the meeting of the Board-of Regents of the National Library ofMedicine on March 13-14, 1975, In theBoard Room of the National Library ofMedicine, 8600 Rockville Pike, Bethesda,Maryland, and the meeting of the Ex-tramural Programs Subcommittee of theBoard of Regents of the National Libraryof Medicine on the preceding day,March 12, 1975. from 2:00 to 5:00 p.m.,in Conference Room "B" of the Library.

The meeting of the Board will be opento the public all day on March 13 andfrom 9:00 to 9:30 a m. on March 14 foradministrative reports and programs andoperation 'discussions..Attendance by thepublic will be limited to space available.In accordance with provisions set forthin sections '552(b) (4) and 552(b) (6),Title 5, U.S. Code and section 10(d) of

- -Pub. L. 92-463, the entire meeting of theSubcommittee on March 12 will be closedto the public, and the regular Boardmeeting on March 14 will be closedfrom 9:30 to adjournment, for the re-view, discussion and evaluation of grantApplications. The -applications containinformation of a proprietary nature-including detailed research protocols,-designs, and other technical lnforma--tion; financial data, such as salaries; and.personal information about Individualsassociated with the applications In theIfield of biomedical communications.- Mr., Robert B. Mfemert, Chief, Officeof Inquiries and Publications Manage-ment, National Library of Medicine, 8600Rockville Pike, Bethesda, Maryland20014, Telephone Number: 301-496--6308, 'will furnish summaries of themeeting, rosters of Board members, andsubstantive program information.(Catalog of Federal Domestic AsJitane Pro-gram N os. 13.348, 13249, 1351, 1352,13253--Natlonal Institutes of Health) •

-Dated: January 10, 1975.

SuzAni L. Fnrzmu,Committee Management Offcer,

National Institutes of Health.[1R Doc.75-1414 Flied 1-15-74;8:45 am]

'BREAST -CANCER EXPERIMENTALBIOLOGY COMMITTEE

Meeting

Pursuant to Pub. I, 92-463, notice ishereby given of the meeting of theBreast Cancer Experimental 'BiologyCommittee, National Cancer Institute,on February 10.1975, in the South Amer-ican Room, El Tropleano Motor Hotel,San Antonio. Texas.

Thd" entire meeting will be open to thepublic on February 10, 1975, from 8:00p.m. until adjournment to discuss sciem-tiflc Ideas for new program projects. At-tendance by the public will be limited tospace available.

Mrs. MarJorie Early, Committee Man-agement Officer, NCI Building 31, Room3A16, National Institutes of Health,Bethesda. Zfaryland 20014 (301/496-5708) will provide summaries of themeeting and rosters of the committeermbers.

Dr. D. Jane Taylor, Executive Secre-tary, Landow Building, Room A404, Na-tional Institutes of Health, Bethesda,Mryland 20014 (301/496-6718) will pro-.%dde substantive program information.(Catalcg of Federal Donesti.As:sJtance Pzo-grum 2o. 23225, National Institntes ofHcalth)

Dated: January 6, 1975.'R. W. Lmtson-Havrns,

Acting Director,National Institutes of ReaZth.

IP'7DoC-.-1436 r~edl1-15 ;8:45 1m

CANCER CONTROL COMMUNITYACTIVITIES REVIEW COMMIT1EE

MeetingPursunt to-Pub. L. 92-463, notice is

hereby given of the meeting of the Can-cer Control Community Activities Re-view Committee, National Cancer Insti-tute, February 13-14, 1975, National In-ztitutes of Health, Building 31,Conference Room 8..p

This meeting-will be open to'the publicon February 13, 1975, from 9:00 a. to11:00 am., for an orientation 'to the or-ganizational structure and program ac-tivities-of the Division of Cancer Control.and Rehabilitation. Attendance by the- ublic ' be limited to space'available.In accordance with the provisions setforth In sections 552(b) (4) and 552(b)(6), Title 5, US. Code and section 10(d)of Pub. L. 92-463, the meeting will beclosed to the public on Febru=r 13, 1975,from 11:O0 am. to 5:00 p.m. and on Feb-ruary 14, 1975, from 9:00 a.m. until ad-journment for the review, discussio3 and-evaluation, of individual -contract pro-posals. The proposals contain informa-tion of a proprietary or confidential na-ture, Including detailed research proto-cols. designs, and other technical infor-mation; financial data, such as sdaaries;and personal information concerning in-dividuals associated with the proposals.

Ms MarJorie P. Early, CommitteeManagement Officer, NCI, Building 31,Room 3A16 National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries ofmeetings and rosters -of committeemembers.

oFEDEMRAL REGISTER, VOL 40, 'O. 11-THUMSDAY, JANUARY 16, 1975

2855

NOTICES

Dr. Veronica L. Conley, Executive Sec-retary, Blair Building, Room 7A01, Na-tional Institutes of Health, Bethesda,Maryland 20014 (301/427-7943) will fur-nish substantive program information.

Date: January 9, 1975.SuzAmNN L. FaEmEAv,


(Catalog of Federal Domestic Assistance Pro-gram No. 13.825, National Institutes ofHealth)

[pR Doc.75-1426 Filed 1-15-75;8:45 am]

CANCER CONTROL GRANT REVIEWCOMM ITTEE

MeetingPursuant to Pub. L. 92-463, notice is

hereby given of the meeting of the Can-cer Control Grant Review Committee,National Cancer Institute, on Febru-ary 27, 1975, Building 31, C Wing, Con-ference Room 7.

This meeting will be open to the publicon February 27 from 9:00 am. until 9:30a.m. to discuss new administrative devel-opments. Attendance by the public willbe limited to space available. In accord-ance with the provisions set forth in sec-tions 552(b) (4) and 552(b) (6), Title 5,U.S. Code and section 10(d) of Pub. L.92-463, the meeting will be closed to thepublic on February 27, 1975, from 9:30a.m. to adjournment for the review, dis-cussion and evaluation of approximately15 individual grant applications. The ap-plications contain information of a pro-prietary or confidential nature, includ-ing detailed research protocols, designs,and other technical information; finan-cial data, such as salaries; and personalinformation concerning individuals as-sociated with the applications.

Mrs. Marjorie F. Early, CommitteeManagement Officer, NCI, Building 31,Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708), will furnish summaries ofmeetings and rosters of committeemembers.

Dr. Barney C. Lepovetsky, ExecutiveSecretary, Westwood Building, Room809A, National Institutes of Health,Bethesda, Maryland 20014 (301/496-7565), will furnish substantive programinformation.

Dated: January 9, 1975.1SuzA=ri L. Fasnxsu,


(Catalog of Federal Domestic AssistanceProgram No. 13.399, National Institutes ofHealth)

[FI Doc.75-1430 Filed 1-15-75;8:45 am]

CANCER CONTROL INTERVENTIONPROGRAMS REVIEW COMMITTEE


hereby given of the meeting of the Can-cer Control Intervention Programs Re-view Committee, National Cancer Insti-tute, February 18, 1975. National Insti-

tutes-of Health, Building 31, ConferenceRoom 7.

This meeting will be open to the publicon February 18, 1975 from 9:00 am. to9:30 a.m. for opening'statements by thestaff. Attendance by the public will belimited to space available. In accordancewith the provisions set forth in sections552(b)(4) and 552(b) (6), Title 5, U.S.Code and section 10(d) of Pub. L. 92-463, the meeting will be closed to thepublic on February 18, 1975, from 9:30a.m. to adjournment for the review, dis-cussion and evaluation of individual con-tract proposals. The proposals containinformation of a proprietary or confiden-tial nature, including detailed researchprotocols, designs, and other technicalinformation; financial data, such as sal-aries; and personal information concern-ing individuals associated with theproposals.

Mrs. Marjorie F. Early, CommitteeManagement Officer, NCI, Building 31,Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries ofmeetings and rosters of committeemembers.

Dr. Robert T. Bowser, Executive Sec-retary, Blair Building, Room 7A01, Na-tional Institutes of Health, Bethesda,Maryland 20014 (301/427-7943) will fur-nish substantive program information,

Dated: January 9, 1975.SUZANNM L. FREE=,

Committee Management Offlcer,National Institutes of Health.(Catalog of . Federal Domestic AssistanceProgram No. 13.825, National Institutes ofHealth)

[FR Doe.75-1422 Filed 1-15-75;8:45 am]

COMMITTEE ON CANCERIMMUNOBIOLOGY


hereby given of the meeting of the Com-mittee on Cancer Immunobiology, Na-tional Cancer Institute, February 24,1975, National Institutes of Health,Building 10, Room 4B14.

This meeting will be open to the publicon February 24, 1975, from 2:00 p. to2:30 p.m. to discuss general business andplans for future meetings. Attendanceby the public will be limited to spacaavailable. In accordance with the pro-visions set forth in sections 552(b) (4)and 552(b) (6), Title 5, U.S. Code andSection 10(d) of Pub. .L. 92-463, themeeting will be closed to the public onFebruary 24, 1975, from 2:30 p.m. to ad-journment for the review, discussion and,evaluation of individual contract pro-posals. The proposals contain Informa-tion of a proprietary or confidential na-ture, including detailed research pro-tocols, designs, and other technicalinformation; financial data, such assalaries; and personal informaton con-cerning individuals associated with theproposals.

Mrs. Marjorie F. Early, CommitteeManagement Officer, NCI, Building 31,

Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014(301/496-5708) will furnish summariesof meetings and rosters of committeemembers.

Dr. Barbara H. Sanford, ExecutivoSecretary, Building 10, Room 4B17, Na-tional Institutes of Health, Bethesda,Maryland 20014 (301/496-1791) will fur-nish substantive program Information.

Dated: January 9, 1975.Su Z NE L. FrunnAr,

Committee Management Officer,National Institutes of Health,

(Catalog of Federal Domestlc AssistancoProgram No. 13.825, National InstlItute ofHealth)

[FR Doo."75-1420 Filed 1-15-75;8:45 tm]

CONTRACEPTIVE DEVELOPMENTCONTRACT REVIEW COMMITTEE


hereby given of the meeting of the Con-traceptive Development Contract Re-view Committee, National Institute ofChild Health and Human Development,March 7-8, 1975, Building 31, Wing C,Conference Room 7, National Institutesof Health, Bethesda, Maryland.

This meeting will be open to the publicfrom 8:45 a.m. to 9:15 a.m. on March 7for the discussion on the criteria forthe review of contract proposals and anadministrative review of the chemicalcontraceptive program. Attendance bythe public will be limited to space avail-able. In accordance with the provisionsset forth in sections 552(b) (4) and 552(b) (6), Title' 5, U.S. Code and section10(d) of Pub. L. 92-463, the meeting willbe closed to the public on March 7 from9:15 aam. to adjournment for the review,discussion and evaluation of Individualcontract proposals. The proposals con-tain Information of a proprietary or con-fidential nature, including detailed re-search protocols, designs, and other tech-nical information; financial data, suchas salaries; and personal informationconcerning individuals associated withthe proposals.

Mrs. Marjorie Neff, Committee Man-agement Officer, NICHD, Landow Build-ing, Room C-603, National Institutes ofHealth, Bethesda, Maryland, Area Code301, 496-1756, will provide summaries ofmeetings and rosters of committee mem-bers. Dr. Marvin J. Karten, HealthScientist Administrator, ContraceptiveDevelopment Branch, Center for Popula-tion Research, NICHD, Landow Build-ing, Room A-704, National Institutes ofHealth, Bethesda, Maryland, Area Code301, 496-1661, will furnish substantiveprogram information.(Catalog of Federal Domestic AsAstanceProgram No. 13.832, National Institutes ofHealth)

Dated: January 9, 1075.SuzANNE L. FRnxAV,


[FR Doc.7-1429 Filed 1-15-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 11-THURSDAY, JANUARY 16, 1975.

2856

NATIONAL INSTITUTE OF DENTALRESEARCH

DENTAL CARIES PROGRAM ADVISORYCOMMITTEE


hereby given of the meeting of the DentalCaries" Program -Advisory Committee;National Institute of Dental Research,February 24-25,-1975, National Institutesof Health, Building 31-C, ConferenceRoom 7, Bethesda, Maryland.

The entire meeting will be open to thepublic from 9:00 am. to 5:00 p.m. onFebruary 24, and.from 9:00 a.m. to ad-journment on February 25, to discussresearch progress and plans of the Na-tional Caries Program for FY 1975.Attendance by the public will be limitedto space aVailable.

Dr. James P. Carlos, Associate Director,National Caries Program, National In-stitute of Dental Research, National In-stitutes of Health, Westwood Building,Room 528, Bethesda, Maryland 20014,(phone number'301-496-7239) will pro-vide summaries of the meeting and ros-ters of the committee members.

Dr. James P. Carlos, Associate Di-rector,. National- Caries Program, Na-

-tional Institute of Dental Research, Na-tional Institutes of Health, WestwoodBuilding, Room 528, Bethesda, Mary-land, 20014, (phone' number 301-496-'7239) .will provide substantive program-information.

Dated: January 6,1975.SuzANNE L. FRELmAU,


-(Catalog of -Federal Domestic Assistanceprogram No. 13,325 and 13,827, National In-stitutes of Health)

[ R Doc.75-1435 Filed 1-15-75;8:45 am]

MAMMALIAN MUTANT CELL LINES-COMMITTEE


hereby given of the meeting of theMammalian Mutant Cell Lines Com-mittee, National Institute- of GeneralMedical- Sciences, March 5, 1975, 9a, m, at the Institute for Medical Re-search, Camden, New Jersey. This meet-ing will be open to the public on March 5from 9. a.m. to 2 p.m. for opening re-marks and general discussion on thestorage and distribution of biochemicalinutant and chromosome variant celllines. Attendance by the public will belimited to space available. In accordancewith the provisions set forth in sections552(b) (4) and 552(b) (6), Title 5, U.S.Code and section 10(d) of Pub. L. 92-46.3k.the meeting will be closed to thepublic on March 5.from.2-4 p.m, for thereview of a contract proposal containinginformation of a proprietary or confi-dential nature, including detailed re-search'prot s, designs, and other tech-

NOTICES

nical Information; financial data, suchas salaxles; and personal informationconcerning individuals assoclated withthe proposal.

Mr. Paul Deiging, Staff Assistant tothe Director, INIGMS, Building 31, Room4A46, Bethesda, Maryland 20014, Tele-phone: 301-496-5676, *ill furnish sum-mary minutes of the meeting and aroster of committee members.

Substantive program information maybe obtained from Dr. William J. Gart-land, Executive Secretary, WestwoodBuilding, Room 922, Bethesda, Maryland20014, Telephone: 301-496-7714.

Dated: January 9, 1975.SuZA~nMNL. FizR= U,


(Catalog of Federal Domestic AszistanceProgram 13-862, General Mfedical Sloncee-Genetics Program)

[IP mo.75-1421 Plied 1-15-75;8:45 am)

MENTAL RETARDATION RESEARCHCOMMITTEE


hereby given of the meeting of theMental Retardation Research Commit-tee, National Institute of Child Healthand, Human Development, February 13-14, 1975, Landow Building, Room C-418,7910 Woodmont Avenue, Bethesda,Maryland.

This meeting will be open to the publicon February 13 from 8:00 p.m. to 10:00p.m., to discuss items relative to the com-mittee's activities including announce-ments by the Head of the Mental Re-tardation' Branch and the ExecutiveSecretary of the Committee. Attendanceby the public-will be limited to spaceavailable. In accordance with the provi-sions set forth-in sections 552(b) (4) and552(b) (6), Title 5, U.S. Code and section10(d) of Pub. L. 92-463, the meetingwill be closed to. the public on February14 from 8:30 a.m. to adjournment onFebruary 14 for the review, discussionand evaluation of individual grant ap-plications. The applications contain in-formation of a proprietary or confiden-tial nature, including detailed researchprotocols, designs, and other technicalinformation; financial data, such assalaries; and personal information con-cerning individuals associated with theapplications and proposals.

Mrs. Marjorie Neff, Committee Man-agement Officer, NICHD. Landow Build-ing, Room C-603, National Institutes ofHealth, Bethesda, Maryland, Area Code301, 496-1756, will provide summaries ofmeetings and rosters of committee mem-bers. Dr. Lyle Lloyd, Executive Secretary,Mental Retardation Research Commit-tee, NICHD, Landow Building, RoomC-704, National Inrtitutes of Health,Bethesda, Maryland, Area Code 301,495-1383, will furnish substaitive pro-gram Information.

2857

(Catalog of Federal Domeztic AssistanceProgram No. 13.317, National Institutes ofHealth)

Dated: January 9, 1975.SUZ NN L. FatmMy,


[FR Doo.75-1432 Filed 1-15-75;8:45 am]

MOLECULAR CONTROL WORKINGGROUP "

Charter Renewal

The Director, National Institutes ofHealth, announces the renewal of acharter on December 20, 1974, of the ad-visory committed indicated below by theDirector, National Cancer Institute,tinder the authority of section 410(a) (3)of the Public Health Service Act (42U.S.C. 286d) and section 41OA(a) of thePublic Health Service Act (42 U.S.C.286e). Such advisory committee shall begoyerned by the provisions of the Fed-eal Advisory Committee Act (Pub. L. 92-463) setting forth standards governingthe establishment and use of advisoryvommlttees.

Name: Molecular Control WorkingGroup.

Purpose: The Committee provides tothe Director, NCI and the Director,Division of-Cancer Research Resourcesand Centers, advice on grant applica-tions of molecular biology to the NationalCancer Program, and assistance in thetechnical and scientific review of con-tract proposals. The Committee shall alsoreview the various disciplines encom-passed by molecular biology and makerecommendations for elimination of ex-isting gaps in knorwledge of these disci-plines as they pertain to cancer.

This Committee will terminate on De-cember 20, 1976, unless renewed by ap-propriate action as authorized by law.


R. W. Iki!SONZ-HAVMS,Acting Director,

National Institutes of Health.

IFR Doc.75-1418 Piled 1-15-75;8:45 aml

NANDS COUNCIL PLANNING

SUBCOMMITTEE

MeetingPursuant to Pub. . 92-463, notice is

hereby given of the meeting of theNANDS Council Planning Subcommit-teeMarch 6, 1975, at 8:30 am. in theConnecticut Room, Holiday Inn, 8120Wisconsin Avenue, Bethesda, maryla d.The meeting will be open to the publicfrom 8:30 am. to 10:30 a.m. on March 6,1975, to discuss program plannin- andprogram accomplishments. Attendanceby the public will be limited to spaceavailable. In accoraiance with provisionsset forth in sections 552(b) (4) and552(b) (6) of Title 5, U.S. Code and sec-tion 10(d) of Pub. L 92-463, the meet-ing will be closed to the public from

FEDERAL REGISTER, VOL 40, NO. 11-THUSDAY, JANUARY 16, 1975

NOTICES

10:30 am. on March 6, 1975, to adjourn-ment on March 6, for the preliminaryreview, discussion and evaluation of in-dividual grant applications before finalconsideration by the full Council at itsmeeting on March 20-22, 1975. The ap-plications contain information of a pro-prietary or confidential nature, Includ-ing detailed research protocols, designs,and other technical information; finan-cial data, such as salaries; and personalinformation concerning individuals as-sociated with applications 'for researchgrants, Teacher-Investigator Awards.and Institutional National ResearchService Awards.

The Chief, Office of Scientific andHealth Reports, Mrs. Ruth Dudley,Bldg. 31, R~oom 8A03, 'NIH, NINDS,Bethesda, Maryland, telephone (30],)496-5751, will furnish summaries of themeeting and rosters of committee mem-bers.

Dr. 0. Malcolm Ray, Executive Secre-tary of the Committee, Room 7A18A,Westwood Building, NIH, Bethesda,Maryland, telephone (301) 496-7220,will provide substantive program Infor-mation.


SuzAINE L. FaEmiuAn,Committee Management Officer,

National Institutesof Health.(Catalog of Federal Domestic Assistance Prp-gram Nos. 13.851, 13.852, 13.853; 13.854, Na-tional Institutes of Health)

[FR Doe.75-1417 Filed 1-15-76; 8:45 am]

NATIONAL ADVISORY ALLERGY ANDINFECTIOUS DISEASES COUNCIL

MeetingPursuant to Pub. L. 92-463, notice-Is

hereby given of the meeting of the Na-tional Advisory Allergy and InfectiousDiseases Council, National Institute ofAllergy and Infectious Diseases,March 20-21, 1975, Conference Room 8,Building 31, C Wing, National Institutesof Health, Bethesda, Maryland.

This meeting will be open to the pub-lic from 9:00 a.m. to 10:30 a.m. and from1:30 p.m. to recess on March 20, at whichtime general information announce-ments will be made and administrativematters will be discussed. Attendance bythe public will be limited to space avail-able. In accordance with the provisionsset forth in sections 552(b) (4) and552(b) (6), Title 5, U.S. Code and sec-tion 10(d) of P.L. ,92-463, the meetingwill be clad to the public from 10:30a.m. to 1:30 p.m. on March 20, and from9:00 a.m. to adjournment on March 21,for the review, discussion and evaluationof individual grant applications. Theapplications contain information of aproprietary or confidential nature, in-cluding detailed research protocols,designs, and other technical informa-tion; financial data, such as salaries; andpersonal information concerning indi-viduals associated with the applicationsand proposals.

Mr. Robert L. Schreiber, Chief, Officeof Research Reporting and Public Re-sponse, National Institute of Allergy andInfectious Diseases, Building 31, Room7A32, Bethesda, Maryland, telephone(301) 496-5717, will provide summariesof meetings and rosters of committeemembers. Dr. William I. Gay, ExecutiveSecretary of the Council, National In-stitute of Allergy'and Infectious Diseases,National Institutes of Health, WestwoodBuilding, Room 703,' telephone (301)496-7291, will furnish substantive pro-gram information.


SuzaN= I. FnzMAU,Committee Management Officer,

National Institutes of Health.

(Catalog of Federal, Domestic AssistanceProgram Nos. 13.855, 13.856, 13.857, and13.858, National Institutes of Health)

[FF Doc.75-1415 Filed 1-15-75;8:45 am]

NATIONAL ADVISORY EYE COUNCIL

Meeting

Pursuant to Pub. L. 92-463, notice Ishereby given of the meeting of the Na-tional Advisory Eye Council, NationalEye Institute, March 17-18, 1975, inBuilding 31, conference room No. 4, Na-tional Institutes of Health, Bethesda,Maryland. This meeting will conveneand be open to the public on March 17from 1 p.m. to 5 p.m. for reporting onitems of general interest by the InstituteDirector, and a discussion, of proposedcooperative clinical trial, on the use ofvitrectomy surgery in the treatment ofdiabetic retinopathy. On March 18, thismeeting will be open to the public from1:30 pmL to adjournment for a discus-sion of plans to implement National EyeInstitute program priorities. Attendanceby the public will be limited to spaceavailable.

In accordance with the provisions setforth in sections 552(b) (4) and 552(b)(6), Title 5, U.S.C., and section 10 (d) ofPub. L. 92-463, the meeting will be closedto the public on March 18, 1975, from9 a.m. to 12:30 pm., for the review, dis-cussion, and evaluation of individualgrant applications. The applications con-tain information of a proprietary or con-fildential nature, including detailed re-search protocols, designs, and othertechnical information; financial data,such as salaries; and personal informa-tion concerning individuals associatedwith the applications and proposals.

Mr. Julian Morris, Information Offi-cer, National Eye Institute, NationalInstitutes of Health, Bethesda, Mary-land 20014, Building 31, room 6A27, tele-phone (301) 496-5248, will furnish sum-maries of the meeting and rosters ofcommittee members

Substantive progfam Information mayalso be obtained from Dr. Carl Kupfer,Director, National Eye Institute, Na-tional Institutes of Health, Bethesda,

Maryland 20014, Building 31, room 6A03,telephone (301) 496:-2234.

Dated: JANUARY 10, 1975.SuzANIM L. FanmRAti,


(Catalog of Federal Domestic Asstanceo Pro.gram No. 13.331, National Institutes ofHealth)

[FR Doc.75-1416 Filed 1-15-75;8:45 am]

PERIODONTAL DISEASES ADVISORYCOMMITTEE


hereby given of the meeting of the Peri-odontal Diseases Advisory Committee,National Institute of Dental Research,February 20-21, 1975, National Institutesof Health, Building 31-C, ConferenceRoom 7, Bethesda, Maryland.

The entire meeting will be open to thepublic from 9:00 anm. to 5:00 pmn. onFebruary 20, and from 9:00 a.m. to ad-journment on February 21, for discussionof the use of forecasting techniques toplan future research programs on theprevention and control of dental plaque,to plan for manpower development, toplan for the establishment of researchcenters, and the feasibility of establish-Ing cooperative clinical research units.Attendance by the public will be limitedto space available.

Dr. Anthony A. Rizzo, Special Assist-ant to the Associate Director, Extra-mural Programs, National Institute ofDental Research, National Institutes ofHealth, Westwood Building, Room 521,Bethesda, Maryland 20014, (phone num-ber 301-496-7784), will provide sum-maries of the meeting and rosters of thecommittee members.

Dr. Anthony A. Rizzo, Special Assist-ant to the Associate Director, Extra-mural Programs, National Institute ofDental Research, National Institutes ofHealth, Westwood Building, Room 521,Bethesda, Maryland 20014, (phone num-ber 301-496-7784), will furnish substan-tive program information.

Dated: JAUARY 6,1975.

Sum= L. Fnr=iAzc.Committee Management Officer,

National Institutes of Health.(Catalog of Federal Domestic Asilstanco Pro-gram No. 13,325 and 13,827, National In-stitutes of Health)

[FR Doc.75-1434 Filed 1-15-75;8:46 am]

RESEARCH STATUS OF SPINALMANIPULATIVE THERAPY

MeetingNotice is hereby given of an NINDS

Workshop on the Research Status ofSpinal Manipulative Therapy, National

FEDERAL REGISTER, VOL 40, NO. I I-THURSDAY, JANUARY 16, 1975

2858

NOTICES

Institutes of Health, February 2, 3, and4, 1975, in the Clinical Center, Building10, NtE, Bethesda, Maryland, starting at7:30 pm. ofi February 2,1975.

The entire Workshop will be. open tothe public from 7:30 pm. on February 2,1975, until 10:00 Plm.; from.8:30 a.-until 6:00 p.m. on February 3, 1975; andfrom 8:30 a.m. until 5:00 p.M. on Febru-ary 4, 1975, for the discussion of the re.-search status of spinal manipulativeth&apy. Attendance by the public will belimited to space available.-The Chief, Office of Scientific and

Health Reports, Mrs. Ruth Dudley,Building 31, Room 8A03, NIH, NINDS,Bethesda, Maryland, telephone (301)496-5751, will furnish summaries of the'workshop.

Dr. Murray Goldstein, Chairman,Planning Committee; Associate Director,NINDS, Westwood Building, Room 757,Bethesda, Maryland, telephone, (301)496-7705, 'will furnish substantive pro-gram information.

Dated: January 6, 1975.Sum= L. FaEsxsu,

Committee Management Officer.NationalInstitutes of Health.

[FR Doc.75-14-37 Filed 1-15--75.8:45 am]

TOBACCO WORKING GRO1JPMeeting

Pursuant to Pub. L. 92-463, notice ishereby given of the meeting of the To-bacco Working Group, National CancerInstitute, February 18-19; 1975, Building31,-Conference Room 4, Bethesda, Mary-land.

This meeting will be open to the publicon February 18-19, 1975 from 9:00 am.to 5:00 .m. to discuss the'curent activ-ities and plans of the Tobacco WorkingGroup. Attendance by the public will belimited to space available.

Mrs. Marjorie F. Early, CommitteeManagement Officer, NCI, Building 31,Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries ofmeetings and rosters of committee mem-bers.

Dr. Tfomas B. Owen, Executivq Secre-tary, Building 31, Room 11A04, NationalInstitutes of Health, Bethesda, Maryland20014 (301/496-6271) will furnish sub-stantive program information.

Dated: January 6,1975.SuzsmmE L. FanxAu,

Committee Management Officer.National Institutes of Health.

[PR Doc.75-443 Filed 1-15--75;8:45 am]

VIRUS CANCER PROGRAM SCIENTIFICREVIEW COMMITrEE A

MeetingPursuant to Pub. 1: 92-463, notice is

hereby given of the meeting of the VirusCancer Program Scientific Review Com-inittee A, National Cancer Institute, Feb- -

ruary 9,1975, El Tropieano Hotel, Central

American Room, San Antonio, Texas.This meeting will be open to the public

,on February 9, 1975, from 9:00 a.m. to10:00 am. to discuss the general jlansand activities o the Breast Cancer VirusProgram and the minutes of the previousmeeting will be presented. Attendance bythe public will be limited to space avail-able. In accordance with the provisionsset forth in sections 552(b) (4) and 552(b) (6), Title 5, U.S. Code and section10(d) of Pub. L. 92-463, the meeting willbe closed to the public on February 9,1975, from 10:00 anm. to adjournment forthe review, discussion and evaluation ofindividual contract proposals. The pro-posals contain information of a proprie-tary or confidential nature, including de-tailed research protocols, designs, andother technical information; financialdata, such as salaries; and personal in-formation concerning individuals asso-ciated with the proposals.

Mrs. Marjorle F. Early, CommitteeManagement Officer, NC, Building 31,Room 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries ofmeetings and rosters of committee mem-bers.

Dr. Elke Jordan, Executive Secretary,Building 37, Room 1A01, National Insti-tutes of Health, Bethesda, Maryland20014 (301/496-6927) .will fumish sub-stantive program Information.

Dated: January 9,1975.SUZAIME L. Fa= %,

Committee Management Officer.'Nationdl Institutes of Health.

(Catalog of Federal Domestio Asslstance Pro-gram No. 18.825, National Institutes ofHealth)

[R Doo.75-1425 Filed 1-15-75;8:45 am)

VIRUS CANCER PROGRAM SCIENTIFICREVIEW COMMITTEE A

Meeting

- Pursuant to Pub. L. 92-463, notice Ishereby given of the meeting of the VirusCancer Program Scientific Review Com-mittee A, National Cancer Institute, Feb-ruary 13, 1975, Building 37, Room 1B04,National Institutes of Health, Bethesda,Maryland 20014.

This meeting will be open to the publicon February 13, 1975, from 9:00 am. to9:30 am. to discuss management prac-tices. Attendance by the public will belimited to space available. In accordancewith the provisions set forth in sections552(b) (4) and 552(b) (6), Title 5, U.S.Code and cection 10 (d) cf Pub. L. 92-463,the meeting will be closed to the publicon February 13, 1975, from 9:30 anm. toadjournment for the review, discussionand evaluation of Individual contractproposals. The proposals contain Infor-mation of a proprietary or confidentialnature, including detailed research pro-tocols, designs, and other technical In-formation; financial data, such as sal-arles; and personal Information con-

-cerning individuals associated with theproposals.

Mrs. MarJorie P. Early, CommitteeManagement Office, NCL Building 31,Room 3A1, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-57081 will furnish summaries ofmeetings and rosters of committee mem-bers.

Dr. Elke Jordan, Executive Secretary,Building 37, Room 1A01, National In-stitutes of Health, Bethesda, Maryland20014 (301/49C-6927) will furnish sub-stantive program Information.


-Committee Management Officer.National Institutes of Health.

(Catalog of Federal Domestic Assistance Pro-gram No. 13,825. National Institutes ofHealth)

[FR Doo.'-l.t Filed 1-15-758:45 am]

VIRUS CANCER PROGRAM SCIENTIFICREVIEW COMMITTEE B

Meeting

Pursuant to Pub. 1, 92-463, notice ishereby given of the meeting of the VirusCancer Program Scientific Review Com-mittee B, National Cancer Institute, Feb-ruary 26 and 27, 1975, Building 31, Con-ference Room 4, National Institutes ofHealth, Bothesda, Maryland 20014.

This meeting will be open to the publicon February 26, 1975, from 8:30 anm. to9:00 a.m. to discuss management prac-tices. Attendance by the public will belimited to space available. In accordancewith the provisions set forth in sections552(b) (4) nd 552(b) (6), Title 5, US.Code and Eection 10(d) of Pub. 1. 92-463,the meeting will be closed to the publicon February 26, 1975, from 9:00 am. toadjournment on February 27, 1975, forthe review, dicson and evaluation ofIndividual contract proposals- The pro-.posals contain Information of a proprie-tary or confidential nature, including de-tailed re earch protocols, designs, andother technical Information; financialdata, such as salaries; and personal in-formation concerning individuals asso-ciated with the proposals.

Mrs. Marjorie P. Early, CommitteeManagement OffIcer, NCI, Building 31,Roo= 3A16, National Institutes ofHealth, Bethesda, Maryland 20014 (301/496-5708) will furnish summaries ofmeetings and rosters of committee mem-bers.

Dr. Elke Jordan, Executive Secretary,Building 37, Room 1A01, National Insti-tutes of Health, Bethesda, Maryland20014 (301/496-692'7) will furnish sub-stantive program information.

Dated: January 9,1975.SUZMMN T,. Fainxnu,

Committee Management Officer,National Institute of Health.

(Catalog of Yederal Domcstic A s tance Pro-gram No. 13,825, National Institutes ofHealth)

IFR Doc.75-1423 Filed 1-15-75;8:45 am]


- 2859

NOTICES

NATIONAL ADVISORY ENVIRONMENTALHEALTH SCIENCES COUNCIL

Meeting

Pursuant to Pub. 1. 92-463, notice Ishereby given of the meeting of the Na-tional Advisory Environmental HealthSciences Council, March 20-21, 1975, atthe National Institutes of Health,Bethesda, Maryland, Building 31-C,Conference Room 9.

This meeting will be open to the publicon March 20, 1975. at 9 a.m. to report onlegislative and interagency activities,and to discuss N'IEHS intramural andextramural program activities, budgetingplans and other items of interest. At-tendance by the public will be limited tospace available. In accordance with theprovisions set forth in sections 552(b)(4) and 552(b) (6), Title 5, U.S. Code andsection 10(d) of Pub. L. 92-463, the meet-ing will be closed to the public onMarch 20, 1975. from 1 p.m. to adjourn-ment on March 21, 1975, for the review,discussion and evaluation of individualgrant applications. The applications con-tain information of a proprietary or con-fidential nature, including detailed re-search protocols, designs, and othertechnical information; financial data,such as salaries; and personal informa-tion concerning individuals associatedwith the applications and proposals.

Leota B. Staff, Committee Manage-ment Officer, NIEHS, Westwood Build-ing, Room 404, Bethesda, 'Maryland,20014, (301) 496-7483, will provide sum-maries of meetings and rosters of com-mittee members. Dr. Cobert D. LeMun-yan, Acting Associate Director for Ex-tramural Programs, National Institute ofEnvironmental Health Sciences, Re-search Triangle Park. North Carolina27709, (919) 549-8411, extension 3353,will furnish substantive program Infor-mation.(Catalog of Federal Domestic Assistance Pro-gram No. 13-328. National Institutes ofHealth)

Dated: January 10, 1975.SUZA= L. FR=.AU,

Committee Management- Officer,National Institutes of Health.

[FR Doc.75-1413 Filed 1-15-75;8:45 am]

NATIONAL ADVISORY NEUROLOGICALDISEASES AND STROKE COUNCIL

Meeting

Pursuant to Pub. L. 92-463, notice ishereby given of the meeting of the Na-tional Advisory Neurological Diseasesand Stroke Council, National Institutesof Health, March 20, 2L and 22, 1975, at9:00 a.m. in Building 31-C; ConferenceRoom 7, NIH, Bethesda, Maryland.

This meeting will be open to the publicfrom 9:00 a.m. until 1:30 p.m. onMarch 20, 1975, and from 11:00 anm. to1:30 p.m. on March 21, 1975, to discussprogram planning and program accom-plishments. Attendance by the publicwill be limited to space available. In ac-

cordance with the provisions set forth insections 552(b) (4) and 552(b) (6) of Title5, U.S. Code and section 10(d) of Pub. L.92-463, the meeting will be closed to thepublic from 1:30 pm. on March 20, 1975,until 11:00 a.m. on March 21, 1975, andfrom 1:30 pm. on March 21, 1975, untilthe conclusion of the meeting onMarch 22, 1975, for the review, discus-sion and evaluation of individual grantapplications. The applications containinformation of a proprietary or confiden-

tial. nature, including detailed researchprotocols, designs, and other technicalinformation; financial data, such as sal-aries; and personal information concern-ing individuals associated with applica-tions for research grants, Teacher-In-vestigator Awards, and InstitutionalNational Research Service Awards.

The Chief, Office of Scientific andHealth Reports, Mrs. Ruth Dudley, Bldg.,31, Room 8A03, NIH, Bethesda, Mary-land, telephone (301) 496-5751, will fur-nish summaries of the meeting androsters of committee members.

Dr. Murray Goldstein, Executive Sec-retary, Westwood Building, Room 757,Bethesda, Maryland, telephone (301)496-7705, will furnish substantive pro-gram information.(Catalog of Federal Domestic Assistance Pro-gram Nos. 13.851, 13.852, 13.853, 13.854, Na-tional Institutes of.Health)

Dated: January 10, 1975.SuzANE L. FRPEArU,

Committee Management Offlcer,.National Institutes of Health.

[IFR Doc.75-1412 Filed 1-15--75;8:45 am]

NATIONAL ADVISORY RESEARCHRESOURCES COUNCIL

MeetingPursuant to Pub. 1. 92-463, notice is

hereby given of the meeting of the Na-tional Advisory Research ResourcesCouncil, Division of Research Resources,March 13-14, 1975. Conference Room 9,Building 31. Bethesda, Maryland 20014.

This meeting will be open to the publicfrom 9:00 a.m. to recess on March 13,1975 for: The conduct of Council busi-ness; reports of the Director and Assist-ant Director, DRR; review of the Minor-ity Biomedical Support Program; a dis-cussion of the research program of theCity of Hope; discussion of the status ofthe revised General Research SupportProgram; status of comments on Minor-ity Biomedical Support Program Regula-tions; review of the Forward Plan 1976-1980 and the President's fiscal year 1976Budget; and a discussion on conflict ofinterest in relation to resource sharing.Attendance by the public Vill be limitedto space available. In accordance withthe provisions set forth in section 552(b)4 and section 552(b)6 of Title 5 U.S.Code, and section 10 (d) of Pub. L. 92-463,the meeting will be closed to the publicon March 14 from 9:00 a.m. to adjourn-ment for the review, discussion, andevaluation of individual grant applica-tions. The applications contain informa-

tion of a proprietary or confidential na-ture, including detailed research proto-cols, designs, and other technical infor-mation; financial data, such as salarles;and, personal information concerningindividuals associated with the applica-tions.

Mr. James Augustine, Information Of-ficer, Division of Research Resources,National Institutes of Health, Room5B39, Building 31, Bethesda, Maryland20014, (301) 496-5545, will provide sum-maries of the meeting and rosters of theCouncil members. Dr. James F. ODon-nell, Assistant Director, Division of Re-search Resources, National Institutes ofHealth, Room 5B05, Building 31,Bethesda, Maryland 20014, (301) 4906-6611, will furnish substantive programinformation.(Catalog of Federal Domestlo Assistance Pro-gram Nos. 13.306, 13.333, 13.337, 13.371,13.375, National Institutes of Health)


SuzAtNNE L. FREr1EAU,-Committee Management Officer,

National Institutes o1 Health.[FR Doc.76-1411 Filed 1-15-75,;8:45 am]

BOARD OF ADVISORS TO THE FUND FORTHE IMPROVEMENT OF POSTSECOND-ARY EDUCATION

Notice of Renewal

I hereby determine, after consultationwith the Director, Office of Managementand Budget, that renewal of the Board ofAdvisors to the Fund for the Improve-ment of Postsecondary Education beyondJanuary 4, 1975, is in the public Interestin connection with the performance ofduties imposed on the Department bylaw, that such duties can best be per-formed through the advice and counselof such a group and, therefore, the com-mittee is continued until September 30,1976.

I further deem that it is not feasiblefor the Department or any of Its existingcommittees to perform these duties, andthat a satisfactory plan for appropriatebalance of committee membership hasbeen submitted.


CASPAR W. Wn Ewnnom,

Secretary,[FR Doc.75-1399 Filed 1-15-75;8:45 am]

CHILD AND FAMILY DEVELOPMENTRESEARCH REVIEW COMMITTEE

Notice of Meoling

The Child and Family DevelopmentResearch Review Committee will meet onWednesday, February 5, 1975 throughFriday, February 7. The meeting will beheld daily from 9 am. to 5 p.m. in Room5030, Office of Child Development, 400Sixth Street NW., Washington, D.C., andwill be closed to-the public except for theopening remarks. The purpose of theCommittee is to review applications forresearch and demonstration projects in

FEDERAL REGISTER, VOL. 40, NO. 1 -THUMDAY, JANUARY 16, 1975

2S60 -

NOTICES

the-areas of child development and chilcwelfare and to make recommendationito the Director, Office of Child Develop.inent, as to which projects should bcfunded. The agenda of this meeting wilconsist of opening remarks by the Acting -Director, Office of Child Develop-ment, followed by the review of researctproposals concerned with child abuse anneglect which have been submitted to theOffice of Child Development for theaward of grants. These applications arcexemptfrom mandatory disclosure undei5 USC 552(b) (4) and (6) In that theScontain trade secrets, commercial andfinancial information obtained from vperson and privileged or confidentialand other personnel records, the disclo-sure of which would constitute a clearliunwarranted invasion of personalprivacy.

A list of Committee members and asummary of the meeting may be obtainedfrom:Barbara RosengardResearch and Evaluation DlvisionOffice of Child DevelopmentP.O. Box 1182Washington, D.C. 20013(202) 755-7758

Dated: December 24, 1974.

BARxwA&i Ros=GAD,Executive Secretary.

jFR Doc.75-1398 Filed 1-15-75;8:45 am]

DEPARTMENT OFTRANSPORTATIONOffice of the Secretary

FEDERAL AVIATION ADMINISTRATORDelegations of Authority Regarding

Transportation of Hazardous Materials

The purpose of this notice is to re-affirm and continue certain delegationsof authority with respect to-the trans-portation of hazardous materials.

Title I of the Transportation SafetyAct of '1974 (Pub. L. 93-633) 'ests theSecretary of Transportation with newduties and responsibilities regarding thesafe transportation of hazardous mate-rials. It. also amends and continues Ineffect earlier legislation governing thesame subject. Through delegations ofauthority set forth In § § I.46-(b) and (n),1.47(a), 1.48(d), and 1.49(f) of title 49,Code of Federal Regulations, the Com-mandant of the Coast Guard, the FederalAviation Administrator, the FederalHighway Administrator, and the Fed-eral Railroad Administrator have beendelegated authority to exercise the pow-ers and perform the duties of the Secre-tary under the hazardous materialstransportation'laws as they existed priorto enactment of Pub.- L. 93-633. Thosedelegations will continue in effect untilfurther notice.

In addition, the Federal Aviation Ad-ministrator is hereby delegated the au-thority vested in the Secretary of Trans-portation to issue regulations in accord-ance with section 108 of Pub. L. 93-633with -respect to the transportation of

I

II

radioactive materials on passenger-carrying aircraft and to establish proce-dures for monitoring and enforcing thoseregulations. In this connection, the Fed-eral Aviation Administrator is also dele-gated authorlty to exercise the powersand perform the duties vested In theSecretary by section 105 of Pub. I. 93-633to the extent necessary in carrying outsection 108.

This notice Is issued under the author-ity of section 9(e) of the Department ofTransportation Act (49 U.S.C. 1657(c)).

Issued n Washington. D.C., on Jan-uary 10, 1975.

JoH?; W. BARN=I,Acting Secretary of Transportation.

[FR Doc.765-1438 Filed 1-15-75:8:45 am]

ATOMIC ENERGY COMMISSION[Dockets Noa. 60-321 nd 50-3061

GEORGIA POWER CO.Issuance of .Amendments To Facility Op-

erating License No. DPR-57 and Con-struction Permit No. CPPR-90Notice is hereby given that the U.S.

Atomic Energy Commission ("the Com-mission") has Issued Amendment No. 7to Facility Operating License No. DPR-57and Amendment No. 2 to ConstructionPermit No. CPPR-90 Issued to GeorgiaPower Company for the operation of Ed-win L Hatch Nuclear Plant Unit 1(Hatch-I) and for the construction ofEdwin L Hatch Nuclear Plant Unit 2(Hatch-2). respectively. These units areboiling water reactors and are locatedin Appllng County, Georgia, The amend-ments are effective as of the date ofIssuance.

The amendments reflect a change inownership of facilities Hatch-i and 2.As a result of the change, the OglethorpeElectric Membership Corporation is au-thorized to acquire a thirty percent un-divided Interest in the ownership of thefacilities. Georgia Power Company re-tains sole responsibility for planning, de-sign, construction. operation. mainte-nance. and disposal of the facilities.

The application for the amendmentscomplies with the standards and require-ments of the Atomic Energy Act of 1954.as amended ("the Act"). and the Com-mission's rules and regulations. TheCommission has made appropriate find-Ings as required by the Act and the Com-mission's rules and regulations In 10 CFR-Chapter I. which are set forth In theamendments.

For further details with respect to thisaction, see (1) the application foramendments dated November 27, 1974,and supplement dated December 19.1974,(2) Amendment No. 7 to Facility Operat-ng License No. DPR-57 and Amendment

No. 2 to Construction Permit No. CPPR-90, and (3) the Commission's relatedSafety Evaluation. All of these items areavailable for public inspection at theCommission's Public Document Room,1717 H Street. NW.. Washington. D.C.and at the Appling County Public Li-brary, Parker Street, Baxley, Georgia.

A copy of items (2) and (3) may beobtained upon request addressed to theU.S. Atomic Energy Commission. Wash-ington. D.C. 20545, Attention: DeputyDlirector for Reactor Projects, Director-ate of Licensing-egulatlon.

Dated at Bethesda, Maryland, this 8thday of January. 1975.

For the Atomic Energy Conmission

GEonGE amL .Chief Operating Reactors

Branch =,3, Directorate ofLicensing. .

[FR Doc.75-1378 Piled 1-15-7;5; 8:45 affi

[Docket Zio. 50-2451

NORTHEAST NUCLEAR. ENERGY CO,ET AL

Issuance of Amendment To ProvisionalOperating license

Notice Is hereby given that the UZ.Atomic Energy Commission ("the Com-=ion") has Issued Amendment No. 5to Provisional Operating License No.DPR-21. The license authorizes the Con-necticut Light and Power Company, theHartford Electric Light Company. West-ern Massachusetts Electric Company andNortheast Nuclear Energy Company tooperate the 1llstone Nuclear PowerStation Unit No. 1 located In Waterford.Connecticut. The amendment s effectiveas of date of issuance.

The amendment revises the license toextend the fuel exposure restriction of1000 MWD/ST to 3400 MWD/ST.

'The application for the amendmentcomplies with the standards and require-ments of the Atomic Energy Act of 1954,as amended ("the Act'), and the Core-mlssion's rules and regulations. TheCommission has made appropriate find-Ings as required by the Act and the Com-Ilsson's rules and regulations In 10 CFR

Chapter L which are set forth in thelicense amendment.

For further details with respect to thisaction, see (1) the application foramendment dated December 20,1974. (2)Arhendment No. 5 to License No. DPR-21,and (3) the CommLssion's related SafetyLvaluation. All of these items are avail-able for public inspection at the Core-misslon's Public- Document Room, 1717H Street, NW., Washington. D.C., and atthe Waterford Public Library, RopeFerry Road. Waterford, Connecticut.

A copy of Items (2) and (3) may beobtained upon request addressed to theU.S. Atomic Energy Commission, Wash-ington, D.C. -20545, Attention: DeputyDirector for Reactor Projects. Director-ate of icensing-Regulatlon.

Dated at Bethesda, Maryland. this 9thday of January. 1975.

For the Atomic Energy Commission.

GEORGE LMR,Chief Operating Reactors

Branch #3, Directorate ofLicensing.

[FRI Doc.75-1379 Fllcd 1-15-75;8:45 aml

FEDERAL REGISTER, VOL 40, NO. 1 1-THUiMSDAY, JANUARY 16, 1975

2861

NOTICES

[Docket No. 60-33]

POWER AUTHORITV OF THE STATE OFNEW YORK AND NIAGARA MOHAWK-POWER CORP.

Issuance of Amendment to FacilityOperating License

Notice is hereby given that the U.S.Atomic Energy Commission (the Com-mission) has issued Amendment No. 1 toFacility Operating License No. DPR-:59issued to Power Authority of the Stateof New York and Niagara Mohawk PowerCorporation which revised TechnicalSpecifications for operation of the JamesA. FitzPatrick Nuclear Power Plant,located in Scriba, Oswego County, NewYork. The amendment is effective as ofits date of issuance.

The amendment corrects a typograph-ical error in the reactor high water leveltrip setting.

The application for the amendmentcomplies with the standards and re-quirements of the Atomic Energy Act of1954, as amended (the Act), and theCommission's rules and regulations. TheCommission has made appropriate find-ings as required by the Act and the Com-mission's rules and regulations in 10CFR Chapter I, which are set forth inthe license amendment.

For further details with respect to thisaction, see (1) the application foramendment dated December 19, 1974, (2)Amendment No. 1 to License No. DPR-59,with any attachments, and (3) the Com-mission's-related Safety Evaluation. Allof these items are available for publicinspection at the Commission's PublicDocument Room, 1717 H Street, NW.,Washington, D.C. and at the Oswego CityLibrary, 120 East Second Street, Oswego,New York 13126.

A copy of Items (2) and (3) may beobtained upon request addressed to theU.S. Atomic Energy Commission, Wash-ington, D.C. 20545, Attention: DeputyDirector for Reactor Projects Directorateof Licensing-Regulation.

Dated at Bethesda, Maryland, this19th day of December 1974.

For the Atomic Energy Commission.ROBERT A. PURPLE,

Chief, Operating Reactors Branch#1, Directorate of Licensing.

[FR Doc.75-1380 Filed 1-15-75;8:45 am]

, . REGULATORY GUIDESIssuance and Availability

The Atomic Energy Commission hasissued two guides in its Regulatory GuideSeries. This series has been developed todescribe and make available to the publicmethods acceptable to the AEC Regula-tory staff of implementing specific partsof the Commission's regulations and, insome cases, to delineate techniques usedby the staff in evaluating specific prob-lems or postulated accidents and to pro-vide guidance to applicants concerningcertain of the information needed by thestaff in its review of applications for per-mits and licenses.

. Regulatory Guide 1.16 (Rev. 3), "Re-porting- of Operating Information-Ap-pendix A Technical Specifications," de-scribes a reporting program acceptableto the AEC Regulatory staff for meetingthe reporting requirements of AppendixA technical specifications. Revision 3 re-flects comments received on the guideand additional staff review.

Regulatory Guide 1.91, "Evaluation ofExplosions Postulated to Occur on Trans-portation Routes Near Nuclear PowerPlant Sites," describes IL method accept-able .to the Regulatory staff for deter-mining safe distances from a nuclearpower plant to a transportation routeover which explosive material may becarried.

Comments and suggestions n connec-tion with- (1) items for inclusion inguides currently being developed (listedbelow) or (2) improvements in all pub-lished guides are encouraged at any time.Public comments on-Regulatory Guide1.91 will, however, be particularly usefulin evaluating the need for an early revi-sion if received by March 14, 1975.

Comments should be sent to the Secre-tary of the Commission, U.S. AtomicEnergy Commission, Washington, D.C.20545, Attention: Docketing and ServiceSection.

Regulatory Guides are available forinspection at the Commission's PublicDocument Room, 1717 H Street NW.,Washington, D.C. Requests for singlecopies of issued guides (which may bereproduced) or for placement on an auto-matic distribution list for single copies offuture guides should be made in writingto the Director of Regulatory Standards,U.S. Atomic Energy Commission, Wash-ington, D.C. 20545. Telephone requestscannot be accommodated. RegulatoryGuides are not copyrighted and Commis-sion approval is not required to ieproducethem.

Other Division 1 Regulatory Guidescurrently being developed include thefollowing:Primary Reactor Containment (Concrete)

Design and Analysis.Prvention of Fracture of Structural Discon-

tinuities in Reactor Pressure Vessel.Material Lmitations for Component Sup-

ports.Protection Against Postulated Events andAc-

cidents Outside of -Containment.Fracture Toughness Requirements for Ma-

terials for Class 2 And 3 Components.Maintenance of Water Purity in PWR Sec-

ondary Systems.Criteria for Heatup and Cooldown Procedures.Effects of Residual Elements on Predicted

Radiation Damage.Surveillance Testing and InservIce Inspection

of Thermal Barrier and Steam GeneratorMaterials in High-Temperature Gas-CooledReactors.

Surveillance and Postirradation Examinationof Fuel Rods in Lead Assemblies,

Design Load Combinations for ComponentSupports.

Interim Guide on Tornado Missiles.Criteria for Plugging Steam Generator Tubes.Structural Design Criteria for Fuel Assemblies

in Light-Water-Cooled Reactors.Overhead Crane Handling Systems for Nu-

clear Power Plants.

Recommended Procedure for Resintering Testto Monitor DensIlfleation Stability of Pro-duction Fuel.

Tornado Design Classification.Overpressuro Protection of Low-Prezsuro Sys-

tems Connected to Reactor Coolant Pres-sure Boundary.

Instrumentation for Light-Water-Cooled Nu-clear Power Plants to Arsess Plant Condi-tions During, and Following an Accident.

Investigation of Material Underneath NuclearPower Plant Foundations.

Protective Coatings for Light-Water NuclearReactor Containment Facilities.

Quality Amurance Requirments for Installa-tion, Inspection, and Testing of MechanicalEquipment and Systems.

Quality Assurance Requirementa for Instal-lation, Inspection, and Testing of Struc-tural Concrete and Structural Steel duringthe Construction Phaso of Nuclear PowerPlants.

Assumptions Used for Evaluating the Poten-tial Radiological Consequences of a BWIRadioactive Offgas System Failure.

Fire Protection Criteria for Nuclear PowerPlants.

Requirements for Auditing of Quality Assur-anco Programs for Nuclear Power Plants.

Quality Assuranco Requirements for Controlof Procurement of Equipment, Matorlals,and Services for Nuclear Power Plants.

Quality Assurance Requirements for LiftingEquipment.

Maintenance and Testing of Batteries.Qualification Test of Class IE Cables, Con-

nections, and Field Splices for NuclearPower Plants.

Seismic Qualification of Class I E3lectrloEquipment.

Design of Main Steam Line Isolation Valv6Leakage Control Systems for Direct CycleBoiling Tater Reactor Nuclear PowerPlants.

Fuel Oil Supplies for Standby Diesel Genera-tors.

Quality Assurance Requirements for theManufacture of Clat= IE Instrumentationand Electric Equipment for Nuclear PowerPlants.

Assumptions Used for Evaluating the Poten-tial Radlological Consequences of a LiquidRadioactive Waste System Accident.

Containment Isolation Provisions.Instrument Spans and Setpoints.Protection of Nuclear Power Plant Control

Room Operators Against an Onsito OhlorinoRelease.

Initial Startup Testing Program for FacilityShutdown from Ou-Ide the Control Room.

Periodic Testing of Diesel Generators.Qualification of Inspection, Examination, and

Testing Personnel for Nuclear Facilities.Quality Assurance Program Requiremontg for

Nuclear Power Plant Fuels.Testing of Nuclear Air Cleaning System.,Preoperational and Initial Startup Testing of

Feedwater Systems for BWRs.Design Criteria for Overload Protection of

Motor-Operated Valves.Probable Maximum Storm Surge Flooding on

Lakes and Sea Shores.Protection of Nucl6ar Power Plants Aalnst

Industrial Sabota-e.

(5 U.S.C. 552(a))

Dated at Rockvile. Maryland this 8thday of January 1975.

For the Atomic Energy Commission.ROBERT B. Mmn'ovu,

Acting Director ofnegulatory Standard.

[FR Doc.75-1881 Piled 1-15-75; 8:45 am]

FEDERAL REGIS.TER, VOL. 40, NO. 11-THURSDAY, JANUARY 16, 1975

2862

NOTICES

1 [Docket No. P-527-AI

LOUISIANA POWER AND LIGHT CO.

Partial Application for Construction Per-nuls and Facility Licenses: Time for Sub-mission of Views on- Antitrust Matters

The Louisiana Power and Light Com-pany, pursuant to section 103 of the.Atomic Energy Act of 1954, as amended.has filed onepart of an application, datedDecember 20, 1974, in connection withtheir plans to construct and operate twogenerating units utilizing two-hlgh tem-perature gas-cooled reactors. Each re-actor will be designed for initial opera-tion at approximately 3000 megawatts(thermal), with a net electrical output ofapproximately 1160 megawatts. The fa-cility, designated as the St. Rosalie Gen-erating Station, Units 1 and 2, will belocated on the west bank of the Missis-sippi River at Alliance in PlaqueminesParish, Louisiana. The portion of theapplication filed contains the informa-tion requested by the Attorney General.for the purpose of an antitrust reviewof the applicationas set forth in 10 CFRPart 50, Appendix L.

The remaining portion of the appli-cation consisting of a Preliminary SafetyAnalysis Report accompanied by an En-vironmental Report, pursuant to § 2.101of Part 2. is expected to be filedin April,1975. Upon receipt of the remaining por-tions of the application dealing withradiological health and safety and en-vironmental matters, separate notices ofreceipt will be published by the Commis-sion including an appropriate notice -ofhearing.

A copy of the partial application isavailable for public inspection-at -theCommission's Public Document Room,1717 H Street NW., Washington, D.C.20545. Docket No. P-527-A has been as-sigqed to the application and it should bereferenced in any correspondence re-lating to it.

Any person who wishes to have hisviews on the antitrust matters of theapplication -presented to the AttorneyGeneral for consideration should submitsuch views to the U.S. Atomic EnergyCommission, Washington, D.C. 20545,Attention: Chief. Office of Antitrust andIndemnity, Directorate of Licensing, on

-or before March 17, 1975.

Dated at Bethesda, Maryland, this10th day of January 1975.


ROBERT A_ CLRE] ,Chief. Gas Cooled Reactors

Branch, Directorate of Licen-ing.

IF& Doc.75-1301 Filed 1-15-Y5;8:45 am]

[Docket No. P-556-A]

OMAHA PUBLIC POWER DISTRICT

Partial Application for Construction Per-mit and Facility License: Time for Sub-mission of Views on Antitrust Matters

Omaha Public Power District (the ap-plicant), pursuant to section 103 of theAtomic energy Act of 1954, as amended,

has filed one part of an application.dated November 15, 1974. in connectionwith their plans to construct and operatea pressurized water nuclear reactor tobe located at a site near Blair, Nebraska,in Washington County. The portion ofthe application filed contains the in-formation requested by the AttorneyGeneral for the purpose of an antitrustreview of the application as set forthin 10 CFR Part 50, Appendix L.

The remaining portion of the applica-tion consisting of a Preliminary SafetyAnalysis Report accompanied by an En-vironmental Report pursuant to § 2.101of Part 2, is expected to be filed duringJuly 1975. Upon receipt of the remainingportions of the application dealing withradiological health and safety and en-vironmental matters, separate noticesof receipt will be published by the Com-mission including an appropriate noticeof hearingt

A copy of the partial application isavailable for public Inspection at theCommission's Public Document Room,1717 H Street, NW., Washington, D.C.,20545. Docket No. P-556-A has been as-signed to the application and it shouldbe referenced in any correspondence re-lating to it.

Any person who wishes to have hisviews on the antitrust matters of the ap-plication presented to the Attorney Gen-eral for consideration should submit suchviews to the US. Atomic Energy Com-mission, Washington, D.C., 20545, Atten-tion: Chief, Office of Antitrbst and In-demnity, Directorate of Licenslg on orbefore March 17, 1975.

Dated at Bethesda, Maryland, this 9thday of January 1975.


WALTER R. Bumr nChief, Light Water Reactors

Project Branch 1-2, DIrector-ate of Licensing.

[FR Doc.75-1302 Filed 1-1-75;8:45 aml

PLUTONIUM POWERED CARDIACPACEMAKERS

Availability of Generic Draft EnvironmentalStatement on Wide-Scale Use

Pursuant to the National Environ-mental Policy Act of 1969 and the UnitedStates Atomic Energy Commission'sregulations in 10 CFR Part 51, notice ishereby given that a Draft EnvironmentalStatement prepared by the Commission'sDirectorate of Licensing related tothe widescale use of plutonium poweredcardiac pacemakers is available for in-spection by the public in the Commls-slon's Public Document Room at 1717H Street NW., Washington, D.C. Copiesof the Commission's' Draft Environ-mental Statement may be obtained byrequest, addressed to the U.S. AtomicEnergy* Commission, Washington, D.C.20545, Attention: Acting Deputy Directorfor Fuels and Materials, Directorate ofLicensing-Regulation.

Pursuant to 10 CFR Part 51, interestedpersons may submit comments on the

Draft Environmental Statement for theCommlssion's consideration.Federal andAgreement State agencies are being pro-vided with copies of the Draft Environ-mental Statement. Comments are due byMarch 10, 1975. Comments by Federaland State officials and by other personsreceived by the Commission will be madeavailable for public inspection at theCommisson's Public lacument Room inWashington, D.C. Upon zonsideration ofcomments submitted with respect to thedraft environmental statement, the Reg-ulatory staff will prepare a final environ-mental statement, the availability ofwhich will be published in the FEDRALREGISTER.

Comments on the draft environmentalstatement from Interested persons of thepublic should be addressed to the U.S.Atomic Energy Commission, Washing-ton, D.C. 20545, Attention: Acting DeputyDirector for Fuels and Materials, Direc-torate of Licensing-Regulation.

Dated at Bethesda, Maryland this 10thday of January, 1975.


BEzauD SINuz,Chief, Materials Branch, Fuels

and Materials, Directorate ofLicensing.

[FR Doc.75-1584 Filed 1-15-5;8:45 am]

CIVIL AERONAUTICS BOARD[DcecetNo.273491

AIRSPA1 FLIGHT CHARTER, LTD. ANDCANADA-UNITED STATES (SMALL AIR-CRAFT)

Prehearing Conference and Hearing

Notice is hereby given that a prehear-ing conference In the above-entitledmatter is assigned to be held on Febru-ary 27, 1975, at 10:00 aan. (local time),in Room 503, Universal Building, 1825Connecticut Avenue, NW., Washington,D.C., before Administrative Law JudgeWilliam A. Kane, Jr.

Notice is also given that the hearingmay be held Immediately following con-cluslon of the prehearing conference un-less a person objects or shows reason forpostponement on or before February 14.1975.

Ordinary transcript will be adequatefor the proper conduct of this proceed-ing.

Dated at Washington, D.C., Janu-ary 13,1975.

[sEALI ROEz 1. PA r,Chief Administrative Law Judge.

[FR Dcc.75-1523 Filed 1-1-75;8:45 aml

IDocket NTo. 25280; Order 75-1-471

INTERNATIONAL AIR TRANSPORTASSOCIATIO?:

Order Regarding Cargo Rate Matters

Adopted by the Civil AeronauticsBoard at Its office In Washington, D.C.,on the 13th day of January 1975.

By Order 74-10-120, October 23, 1974,the Board set procedural dates for the

FEDEIAL REGISTER, VOL 40, NO. -11-THURSDAY, JANUARY 16, 1975

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receipt of carrier justificationcomments,and/or objections relating to an agree-ment among the carrier members of theInternational Air Transport Association(IATA). The agreement proposes a gen-eral 8 percent increase in North/CentralPacific cargo rates, and also proposesintroduction of rates for B--747F contain-ers in North/Central Pacific markets.Finally, it would revalidate throughSeptember 30, 1975, the entire North/Central Pacific cargo rate structure cur-rently scheduled to expire December 31,1974.

Statements of justification and sup-porting data have been submitted byThe Flying Tiger Line Inc. (Tiger); PanAmerican World Airways, Inc. (PanAmerican); and Trans World Airlines,Inc. Similar data has been received fromNorthwest Airlines, Inc. (Northwest), anon-IATA carrier providing transpacificservice. Japan Air Lines Company, Ltd.(JAL) has also filed a statement sup-porting the agreement. Objections to theproposed rate increase have been sub-mitted by the, Western ElectronicsManufacturers Association (WEMA) ;1RCA; Motorola, Inc. (Motorola); andGeneral Instrument Corporation (GIC).

With the exception of TWA, the fourU.S. carriers operating transpacific serv-ices have provided complete financialforecasts of operating results and returnon investment (ROD for the year endingSeptember 30, 1975 under both existingand proposed rates. The carrier forecastsare summarized in Appendix B.'

Tiger cites substantial cost increases infuel as well as other categories, contend-ing that "as a result of inflation, FrL'sreturn on investment on internationalcommon carriage operations has signifi-cantly declined absent the rate relief re-quested herein," and forecasts an ROI of11.7 percent at present rates and 16.5 per-cent at the proposed rates.7 Tiger statesthat its forecast of a moderate, 10 per-cent traffic growth over the 12 monthsended Setember 30, 1974, reflects "thepresent economic uncertainty affectingworld trade and the softness of presenttraffic conditions." The carrier has alsosubmitted data in support of the pro-posed rates for B--747F aircraft con-tainers, which are set at the same effec-tive rate per kilogram and cubic foot as

1 Hewlett-Packard Company; FairchildCamera and Instrument Corporation; Rock-well International; Intel Corporation; Na-tional Semiconductor; Electronic Memoriesand Magnetics Corporation; Litronix, Inc.;Signetics Corporation; Intersil, Inc.; andAmerican Altcroystems, Inc.

2 Filed as part of the original document.aBy a letter dated December 17, 1974, Tiger

submitted revised figures to reflect theBoard's recent action revoking its approvalof a three percent devaluation-related sur-charge on U.S.-originating North/,CentralPacific fares and rates (Order 74-11-153,November 29, 1974), as well as correctionsto its original submission on revenue depar-tures, revenue aircraft wheel hours, wheel-'hour utilization and, revenue aircraft days-assigned. Tiger's revised financial forecastshows an ROI of 14.8 percent at present ratesand 19.7 percent at proposed rates.

NOTICES

now apply to other North/Central Pacificcontainer rates already in effect.

Pan American states that although theincrease could be justified on the basis offuel costs alone,' the subject agreementwas, in fact, adopted to cover non-fuelcosts as well, and Pan American's overallearnings position in North/Central Pa-cific freighter service is clearly inade-quate and warrants a general rate in-crease. Cost increases in labor, landingfees and commission expense have al-ready been experienced amounting to$1.7 million over those for the year endedJune 30, 1974, while the proposed in-crease will augment revenues by $2.3 mil-lion; at these levels, Pan American's ROIwill improve from -0.7 percent to only3.9 percent, still below any reasonablestandard.

TWYA cities present fuel costs of 38.87cents/gal. which, at the projected con-sumption level for calendar 1975, repre-sents a total fuel cost increase of $2.51,$2.55 or $2.56 million depending on thebase period Total recovery fromprevious fuel-related rate increases, aswell as the proposed increase, Is esti-mated at $1.9 million for calendar 1975so that even under the nost favorableassumptions, TWA alleges, it will comenowhere near recovering Its actual fuelcost increase. In all-cargo service, TWAforecasts operating losses of $0,7 millionunder existing rates and $0.2 milionunder proposed rates; in total Pacificcargo service (including belly cargocarried in combination service) the cor-responding estimates are $0.7 millionand $0.1 million, respectively.

Northwest's financial forecast showsa return on investment in freighter op-erations of -11.4 percent at presentrates and -9.3 percent at proposed rates.

JAL has submitted figures purportingto show that its experienced fuel costincrease of 278 percent (July 1974 vs. thesecond quarter 1973) requires A 28.6 per-cent increase in both- passenger faresand cargo rates to achieve full recoverywhereas .the cumulative increase inNorth/Central Pacific cargo rates, in-cluding the proposal before us, willamount to only a 25.4 percent increase.JAL also cites third and fourth-roundfuel-related rate increases in other worldareas, contending that the subject agree-ment only represents a catch-up for theNorth7Central Pacific, where there havebeen only two fuel "pass-through" in-creases in cargo rates.

The shippers generally allege, interalia, that the carrier justificatibns areinadequate and show no need for an ad-ditional rate increase on the North/Cen-tral Pacific, where the carriers have

'Pan American's data show a total fuelcost increase of $6.8 milionin North/CentralPacific all-cargo. operations based on. actualSeptember 1974 vs. September 1973 prices atthe forecast consumption level, while totalrecovery from past fuel-related rate increases,as well as the increase now proposed, amountsto only $5.6 million.

5 TWA's base periods are years ended De-cember 31, 1972, June 30, 1973 and Septem-ber 30, 1973, respectively.

already received two fuel-related in-creases in 1974;' that Pacific cargo rateyields are already considerably higherthan Atlantic cargo yields and the Pa-cific rates should therefore remain atstatus quo until rates in other worldareas "catch up"; and that the proposedincreases are highly inflationary and theelectronics industry, now faced withsevere problems due to the generaleconomic situation, simply cannot affordto pay the higher rates. Specifically, theshippers submit that Tiger, by Its ownadmission, will experience excess earn-ingg under the proposed rates; that thecarriers virtually Ignore the effects ofthe increase on cargo revenues in com-bination service but this factor must becarefully considered since a substantialportion of Pan American and North-west's revenues are derived from bellycargo; that although Pan Americanshows disappointing financial results un-der both existing and proposed rates, itslosses are attributable to continuing lowload factors and inefficiency rather thaninadequate yields; that TWA, which alsoexhibits inadequate earnings, Is an In-significant factor in the market andwishes to pull out entirely; and that theBoard, in its consideration of a rate In-crease wholly or in part fuel-related,should consider the substantial econ-omies in fuel consumption achieved bythe carriers in recent months, as wellas the impact of the more efficient B-747F aircraft on that element of carriercosts.

The shippers also allege that the car-rier forecasts contain inadequate sul,-porting data on traffic, capacity and unitcosts. In this connection they contendthat Tiger's earnings are understated dueto the inclusion of anticipatory and in-valid revenue-related cost increases, andan unreasonably moderate traffic fore-cast; and that Northwest and TWA'sforecasts are also suspect in that North-west's projections reflect an unrealisti-cally low load factor, and TWA's oper-ating expenses apparently Include antic-ipatory cost Increases contrary to Boardpolicy?

Motorola also refers to AgreementC.A.B. 24488, which substantially in-creased North/Central Pacific commod-ity rates for electronic components andwas approved by the Board in Order 75-1-46, January 13, 1975, and opposes anyapproval of the revalidation resolutionin the agreement now before the Board

oMotorola and IC apparently contendthat becauso procedural Order '14-10-120referred only to fuel costs, this agreementmust be justified solely on thpA basis. The'background documentation for AgreementC.A.B. 24714 clearly Indicates, however, thatthe "agreement was adopted to cover othercost escalations as well as fuel and In anyevent, as discussed further In this order, theBoard must consider the overall economicposition of the U.S. carriers in evaluatingthe agreement.

Northwest's use of its July/August mailrate yield of 17.47 cents per revenue ton-mile(ftm)_ Is also faulted because the hoard re-cently, in Order 74-10-125, established In-creased Pacific temporary mall rates.


_which could be construed as approval oXthe protested increases 'in commodityrates for these items. Finally, Motorolaobjects to the proposed rates for B-747Fcontainers, contending that the proposed

- rates are much higher on a per kilogram.basis than comparable B-747F rates overthe Atlantic.

Upon full consideration of the agree-ment, the justification and comments,and all other relevant factors, the Boardhas concluded to disapprove the proposedrate increase. Although the carriers con-tend that the increase is justified byescalations in fuel prices and other costs,our review of their justifications indi-cates that the proposed increase is notwarranted by current cost levels. Tiger,Pan American and Northwest forecastrates of return on investment of 19.7, 3.9and -9.3 percent, respectively, under theproposed rates in all-cargo service,8 yetthere is reason to believe these results aresignificantly understated.

' Tiger's traffic forecast reflects a growthof 10.2 percent over the most recent pe-riod (year ended September 30,1974). Wenote, however, that last year's fuel crisisresulted in substantial cutbacks in bothtraffic and capacity, and it is thereforemore appropriate to compare the car-riers' traffic and capacity forecasts withresults, experienced during the last"normal" year before the fuel crisis.Tiger forecasts traffic growth of only 1.5percent over the year ended September30, 1973, and a decline in load factorfrom 64.9 to 63A percent. (See AppendixA) ' This forecast appears to be overlyconservative in light of the other car-riers' forecasts which.show substantialgrowth in traffic and/or load factor. We.have therefore adjusted Tiger's trafficand revenue forecast to maintain thesame load factor as that experienced dur-ing the year ended September 30, 1973.In addition we have excluded fromTiger's financial forecast increases incost categories where the cost is ex-pressed as a fixed percentage of freightrevenue or other operating expenses."These adjustment result in return oninvestment of 16.9 percent under presentrates and 22.6 percent under proposedrates.

Pan American's forecast also includescost increases in categories defined as apercentage of revenues or other costs.Moreover, Pan American's forecast, basedon unit costs for fiscal 1974, incorporatesfuel cost escalations which are in partanticipatory.The Board has recalculated-Pan American's fuel cost escalation toreflect only actual, experienced fuel priceincreases, and finds that on this basis the'carrier's earnings compute to an ROI of"3.9 percent at present rates and 7.9 per-cent at proposed rates.-Northwest's forecast for all-cargo op-

erations is limited to freight only, and

bForecast returns under present rates are14.8, -0.7, and -11.4 percent, respectively.See Appendix B.

'Filed as part of the original document.0 Peservations and sales; advertising and

publicity; and general and administrative.

NOTICES

does not include revenues or expensesfor mal From other data included inNorthwest's submission, however, wehave constructed a revised financial fore-cast reflecting both freight and mail,which shows Rors of -8.7 and -6.8percent, respectively, under existing andproposed rates."

On a composite basis, these adjust-ments show the three carriers at a 7.8percent ROI under present rates, and a12.5 percent ROI under proposed rates.Tiger, the most profitable Pacific oper-ator, which carries over 60 percent ofthe traffic, would experience earnings inexcess of the Board's 12 percent stand-ard if the increase were approved. More-over, we believe even these figures to beunderstated.

Our upward adjustment to Tiger's traf-fic forecast is conservative, reflecting agrowth of only 3.9 percent over the yearended September 30, 1973. We also haveserious reservations concerning North-west's earnings position, which shows se-rious losses n freighter operations. Dataincluded n Northwest's submission indi-cate that only 30 percent of the carrier'sPacific cargo traffic (mail and frelght)is carried in freighter service, and thebulk of the rate Increase, if approved,would apply to cargo carried in combina-tion service. The Board agrees with theshippers' objections that the effect of acargo rate increase on belly revenue mustbe considered. Northwest's overall ROIin Pacific operations reported for theyear ended September 30, 1974 was 11.38percent. Yet Northwest's forecast ROIin Pacific passenger operations (submit-ted in its September 17 Justification foran eight percent fuel-related fare in-crease) for the year ending Septem-ber 30, 1975 was only 5.53 percent, and Itnow forecasts a -9.3 percent return inall-cargo operations. The balance rep-resents either a huge return on cargocarried in combination service, or a dras-tic decline in Northwest's overall earn-ings position-or both. Without furtherexplanation, the Board is not persuadedof Northwest's need for a cargo rate in-crease.- In summary, the information available

to the Board indicates that Tiger is cur-rently in an above-standard earningsposition which would rise if the proposedrate increase were approved, and thethree primark Pacific carriers, on a com-posite basis, would be somewhat abovethe Board's 12 percent standard. If theother carriers operated at as efflclentload factors as Tiger's their profits wouldbe even higher. In these circumstancesthe Board cannot conclude that the in-crease is warranted, and accordingly itwill be disapproved.

We will, however, approve the pro-posed rates for B-747F containers. Al-though these rates would be somewhat

"Our estimates of Northwest's mail rev-enues Is based on a revised yield of 19.80cents/rtm reflecting the recent 13.30 percentsurcharge on mall rates, rather than the17.47-cent yield used by Northwest.

2865

higher than comparable B-747F rates onthe Atlantic, most transpacific rates aresomewhat higher than the comparabletransatlantic rates, and the effectiverates per kilogram for the B-747P con-tainers would be virtually Identical torates for other Pacific containers already-in effect. The proposed revalidation ofthe overall North/Central Pacific struc-ture through September 30,1975 vil alsobe approved.

Pursuant to sections 102, 204(a) and412 of the Act, the Board makes the fol-lowing findings:

1. It Is found that the following reso-lutions, incorporated in the agreementsindicated, are adverse to the public in-terest and in violation of the Act:

Agreement0.4..24714

B-2 --

It-3.

2480q

24820

IATA resolutionJT31 (Mall 278) cosuu.JT3X1 (MaL 278) 002.JT223(2all 741)002, Insofar

as It would revalldate reso-lutlon 022p froa Upoints.

JT31(Mal281)314.JT123 (Mall 744) 314.

JT31 (Mail 279) 314a.JT123 (Mall 743) 314a.

2. It is not found that the followingresolutions, incorporated in AgreementC.A.B. 24714 as indicated, are adverseto the public nterest or in violation ofthe Act: -

AgreementC.AB.24714 rATA resolutfon

R-1 --- JT31 (Mail 278) 5363.n-3 - . JT31 (Mall 278) 002.

JT123(Mall 741)002, Insofaras It would not revalidaterezolution 02 2p from U.S.points.

Accordingly, It is ordered, That:1. Those portions of Agreements C.A.B.

24714, CA.B. 24806 and C.A.B. 24820 setforth In finding paragraph 1 above beand hereby are disapproved;

2. Those portions of Agreement CAB.24714 set forth in finding paragraph 2above be and hereby are approved;

3. The direct air carriers and Indirectair carriers are hereby authorized to filetariffs reflecting the provisions of Agree-ment C.A.B. 24714, -.1, on not less thanone day's notice for effect not earlierthan January 15, 1975. The authority in-this paragraph expires February 15,1975; and

4. Tariffs reflecting the provisions ofAgreement C.A.B. 24714, R-3 shall bemarked to expire not later than Sep-tember 30,1975.

This order will be published in theFDraaL REcas=L.

By the Civil Aeronautics Board.sEAL] EIVn Z. HoLwM,

Secretarr.

[Fa Doo.75-1621 Fled 1-15-75.8:45 aml

FEDERAL REGISTER, VOL 40, NO. It-THURSDAY, JANUARY 16, 1975

2866

[Docket No. 25280, Order 75-:1-46]

INTERNATIONAL AIR TRANSPORTASSOCIATION

Order Regarding Specific Commodity Rates

Ad6pted by the Civil AeronauticsMBdard at its office in Washington, D.C.,on the 13th day of January 1975.

By Order 74-7-113, July 25, 1974, theBoard set procedural dates for the receiptof justification, comments and repliespertaining to an agreement of the carriermembers of the International Air Trans-'port Association (IATA) concerningNorth/Central Pacific specific commod-ity rates (SCR's) for various electroniccomponents. The agreement was con-cluded following the Board's disapprovalin Order 74-6-93, June 19, 1974, of earlierIATA agreements (CAB 24265/24300)establishing rates for commodity ItemNos. 4416, 4417, 4435, 4506, 9902 and'9903 Generally, the agreement proposesconsolidation of rates now published un-der six separate item numbers into oneitem number (4416) and involves in-creases in most of the previously dis-approved rates. (See Appendix A).2

I In Order '74-6-93, June 19, 1974, which-generally approved the overall IATA North/Central Pacific cargo rate structure for effect'through December 31, 1974, the Board said:'Turning to the objections expressed by the.'electronics shippers, the Board finds thatthe structure of rates proposed for variousof these items still contains serious anoma-lies, does not eliminate the preference andprejudice on which last year's disapprovalwas predicated, and accordingly the rateswill be disapproved. Generally speaking- wehave no particular problem with -the levels,proposed for these rates. Although the ship-pers cite extraordinary increases ranging over70 percent Tor certain rates in some weight-breaks, it appears that the actual impactwill De much less severe. From informaationsupplied by the shippers themselves It .ap-pears that most of this traffic moves on thehighest 'avalable welghtbreaks,, where the

Ancreases are not so great as at lower weight-breaks * * * The proposed increases do mot.uppear unreasonable In light of the uncom-aonly low level of the present rates, andwould result in rates which stin afford sub--stantial discounts (ranging from 15 to 39percent) Trom the lowest available generalcargo rate. 'For whatever reasons these rates

were introduced during the open-rate period,there now appears to be no basis for main-taining such low levels, and there is noTeason why they should not be brought intoline with other commodity rates." On July 2,1974 RCA filed a petition for reconsiderationof Order 74-6-93, questioning the Board'srationale in its consideration of AgreementsCAB 24265/24300. A similar joint petitionwas filed by Fairchild Camera and Instru--nent Corporation and Intel -Corporation onJuly 16, and answers opposing the respectivepetitions were filed by The Flying Tiger Lineon July 11 and 26. The petitions will be,denied herein on the grounds that the pro-tested rate increases were disapproved inany event; the issueb prebented by the peti-tioners are 'virtually identical to thosesubmitted in opposition to Agreements CAB24265/24300, as well as the new agreementnow before us; and these lssues are ade-quately dealt with in the instant order.

"Flled as part of the original document.

NOTICES

Statements of justification and sup-porting data 'have been filed by PanAmerican World Airways, Inc. (PanAmerican), TheFlying 'Tiger Line Inc.(Tiger), and Trans World Airlines, Inc.(TWA). The carriers variously assertthat the new aeement meets theBoards objections to the rates previously,disapproved, and represents a decidedimprovement over the presently effectiverates for these items. In this connectionthe carriers state that directional dif-ferentials have been eliminated entirely,and the 'wide variations in yields perrevenue ton-mile among the variousmarkets have been substantially alle-viated.' While the presently effectiverates, allegediy- reflect differences inyield ranging up to 12.4 cents per revenueton-mile, and the recently disapprovedrates, up to 10.5 cents, the instant agree-.ment would reduce the differentials toa maximum of 3 cents.' The carriers alsoallege that consolidation of the presentrates into one commodity item descrip-tion will allevlate confusion due to over-lapping descriptions, and eliminate thediscrimination inherent in the presentavailability in certain markets of somecommodity rates only in one directionorat a certain weightbreak, while the sametraffic in a competing market could moveon a different item number at a lowerrate.

With regard to the'level of the pro-'posed rates, the carriers cite Order 74-6-93, In which the B6ard supported sub-stantial increases in the rates here atIssue (even though the rates were disap-.Proved on the grounds of preference and.prejudice), and contend that the newagreement reflects basically the samelevels which the Board previously foundreasonable. Pan American refers furtherto the Board's frequently stated positionthat commodity xates no longer con-sidered promotional should be Increased.substantially, and 'the carriers generally-assert that notwithstanding the increaseshere proposed, the new rates will stilloffer the -shippers significant discounts

'7The method of computing the new rates-was to take 'the Tokyo/Los Angeles rates forItem 4417 from the previous agreement as-a base, and apply the existing 500 kg. generalcargo rate Aifferential between Tokyo andother Asian points to the base rates. Multi-plication of the Tokyo/Los Angeles yield bythe appropriate mileage for other points was'found 'to be unsatisfactory because thiswould have produced commodityates nearlyequal to the general cargo rates in someinstances.

'Tiger states they do not interpret theBoard's position on yields in Order 74-6-93as a- ruling that n the future all rates mustbe constructed by strict adherence to appli-cation of a yield per ton-mile Over a par-ticular market's mileage. That is not thebasis on which transpacific general rateshave 'been constructed, Tiger contends, noris it an esablished principle of ratemaking

-that 'there may be no variation in yieldamong various markets.

Irom general cargo rates TWA allegesfurther that the proposed increases will'have little effect on the final sillngprices of the products transported, andwill not weaken the various shippers'ability to compete, Pan American andTWA also submit that the Increases will-produce badly needed revenue Improve-ments, and in this connection cite theirprevious 1974 forecasts of financial re-sults in North/Central Pacific freighterservice which show operating losses of$2.5 million and $2.0 million, rezpce-tively.. Comments opposing the agreementhave been submitted by electronics man-ufacturers which are heavily engaged Inthe shipment of electronic componentsbetween the United States and the FarEast. The shippers submit, inter alla,that although they are willing to paytheir fair share of legitimate, demon-strable cost increases Incurred by theairlines, the proposed increases are ex-,orbitant; are even higher than previouslyproposed rates already disapproved bythe Board; would put the electronicsfirms in the position of paying a dispro-portionate portion of carrier costs; areunrelated to the costs of transportingelectronic components and do not refleotthe cost savings to the carriers Involvedin the carriage of this traffic; would dis-advantage the IATA carriers throughloss of traffic and revenue; and aro ofsuch magnitude that the shippers wouldbe unable to absorb the increases or to,pass them on to their customers, The-shippers' arguments are described atgreater length in Appendix D.1

Replies to the carrier Justifications,have been submitted by all of the ship-pars who filed initial comments In oppo-sition to'the increases, and are presentedn detail in Appendix D. The shippers

generally contend that the carriers havonot submitted adequate cost jutificationas reduired by the Board; that the car-riers' reliance on the Board's statementin Order 74-6-93 Is misplaced In that the-proposed rates in Agreement CAB 2448Uare much higher than those previously

5 1Tger cites discounts of 12 to S6 percentat all welghtbreaks, and from 14 to 20 per-cent at the 1,000 kg. weightbreak.

vFor example, TIVA states that althoughthe rate 'for semiconductors between LoSAngeles and Hong Yong/Talwvn would in-crease by 20 cents per lb., the U.S. Deport-ment of Commerce Foreign Trade data for1973 shows an average value of 531.72/lb. forsemiconductors in tho6o markots, for an In-crease of only 0.6 percent In value including-transportation.

SRCA; General Instrument Corporation(GIC); Motorola, Inc. (Motorola); 4Hewlett-Packard Co. (Hewlett-Packard); FairchildCamera & Instrument Corporatidn (Fair-child); Rockwell International (RockwOll);Intel Corporation (Intel); National Semlcon-'ductor Corporation (National Semiconduc-tor): Electronic Memories & MagnotIcs Cor-poration (EMM); Western ElectronlcS Manu-'facturers Association (VEMA).

,8Filed as part of the original document.

FEDERAL REGISTER, VOL. 40, NO. 11-HURSDAY, JANUARY 16, 1975

NOTICES

considered; that the arguments in sup-port of the agreement's alleged simplifi-cation of.the structure of electronic com-modity rates are faulty in that the pro-posed structure is still erratic, irrationaland in any event does not remove therequirement for cost justification; andthat the economic forecasts of PanAmerican and TWA are meaningless be-cause they give no consideration to elas-ticity of demand and the decline in traf-fic which would result from the proposedrate increases

Replies to the shipper comments havebeen submitted by Tiger, Pan Americanand by Japan'Air Lines Company, Ltd.(JAL). In summary, the carriers assertthat the proposed rates are, in fact, war-ranted by their inherent value of serv-ice and the shippers have provided noevidence to the contrary; and the allegedcost savings due to density and handlingare minimal. (See Appendix D).

Findings. As was the case with previ-ous IATA agreements- attempting to es-tablish a structure of North/Central Pa-cific commodity rates for electronic com-ponents, there are two central issues tobe considered by the Board:

(1) The relationship among the ratesinvarious markets; and

(2) The overall level of the rates.9The Board concludes that the instant

agreement represents an acceptable-so-lution to the problem of removing thediscriminatioi inherent in the presentpattern of commodity descriptions andrates for these items, which were intro-duced on a somewhat haphazard basisduring the open-rate period beginning inOctober 1971. Present rates reflect anom-alies suci as conflicting and overlap-ping item descriptions; significant direc-

'GIC has also submitted a motion re-questing an evidentlary hearing In which itstates that for the Board to approve the sub-ject agreement, it must find It not adverse tothe public interest, ie., that the proposedrates are just and reasonable and that theywill promote 'economical and efficient airfreight service. Such a -finding, GIC alleges,must be based on "substantial evidence,"and since the carriers have not provided suf-ficient facts on which to base such a find-ing, the Board is legally bound to set thematter for a full evidentlary hearing If Itwishes to approve the agreement.

The three U.S. carriers, in opposition toGIC's motion, state that procedural Order74-7-113 afforded all parties ample oppor-tunity to submit- comments opposing theagreement, and sufficient material has beenfiled to form a basis for the Board's decision;the GIC motion presents no new issues offact requiring resolution in an evidentlaryhearing; 'no requirement In the Act or incourt decisions mandates hearings in con-nection with IATA agreements; the motionIs only another attempt to delay revisionsrepeatedly directed by the Board; and ahearing would only cause further delay andthe perpetuation" of an uneconomic and dis-criminatory commodity rate structure forelectronic goods.

GIC, in an answer to Tiger's reply, alleges-that Tiger has misrepresented GIG's positionin contending that GIG wpuld find approvalof the agreement and concurrent institutionof an investigation acceptable. As discussedsubsequently, GIG's motion will be denied.

' See Orders 72-6-138; 73-8-124; and74-6-93.

tional differentials unrelated to the costsof service and the movement of traffic;wide variations in yields among com-peting markets; and lower rates for moredistant points. Consolidation of the pre-viously disapproved rates into one setof rates under one commodity descriptioneliminates the confusion and discrimina-tion whereby a given commodity can beshipped under a number of different clas-sifications, but rates under each Itemnumber are not available to competingmarkets, or In both directions. The pro-posed structure also removes the unduepreference and prejudice among marketsreflected by the Irrational variance inyields among the several markets cited bythe shippers. While the current spread inyield (cents per revenue ton-mile) Is12.91 cents, the proposed rates show aspread of only 4.39 cents.u The Board'sprior statement in Order 74-6-93 that"there appears to be no reason for thevariations in yield among the variouscities" was not meant to imply that anyvariation In yield was unacceptable;rather, that the extreme variations inyields reflected by the rates then pro-hiosed displayed no rational pattern, andclearly appeared to create undue prefer-ence and prejudice among competingmarkets. It appears that the structurenow proposed produces relatively smallyield variations, which the complainantshave not shown to be unjustly discrim-inatory.2

The Board further concludes that theproposed rate levels are reasonable andjustified. In reaching this conclusion, theBoard has considered the facts that theproposed rates are approximately 17 per-cent lower (generally ranging between 15"and 21 percent lower) than the generalcargo rate level which the Board has ap-proved; that the carriers' costs have in-creased significantly in the recent period;that the presently effective electronicparts rates are significantly below thecarriers' costs of service; and the Board'sestablished policy of leaving to the car-rier's Initiative considerable flexibility inpublishing specific commodity rates whileat the sam6 time generally consideringspecific commodity rate increases as asource for increased yields when in-creased revenues are justifled.u

It The rates proposed In Agreements C.A.B.24265/24300. which were disapproved by theBoard, reflected a spread of 10.39 cents. SeaAppendix C.

12Cf. Order 74-8-54. August 13. 1974. andprior orders in "Agreements Adopted by IATARelating to North Atlantio Cargo Rates,"Docket 20522.

3ZIn its decision in Docket 22157 "UnitedAir Lines. Inc.. Specific Commodity Rates onPeriodicals. Order 72-11-78, November 20.1972, the loral Products, and Seafood."Board stated. 'Because of their inherentlypreferential nature, the Board does not nor-mally require carriers to publish SCR's. butleaves.the offering and justification of SCO'sto the carriers' initiative. Once a carrier in-stitutes a particular SCR it Is still afforded afairly broad area of discretion In revisingsuch rates between the parameters of fully-allocated and incremental costs, subject tothe Board's review." See also Orders 74-5-88and 74-10-12.

The Board has approved the presentPacific general commodity rate level, but;has found carrier proposals to increaseIt unwarranted." In these circumstancesof increasing costs, it Is not at all unrea-sonable for the carriers to look to the in-creased specific commodity rates as asource for increasing yields. As indicated,the rate level complained against Is about17 percent below the applicable rates foruse by those whose traffic moves undergeneral commodity rates.

The Board has carefully considered theshippers' contentions that the rate in-creases bn electronic parts would be un-duly sharp, could not be absorbed by theshippers or passed on to the ultimateconsumer, and will result in potentiallosses of traffic to IATA carriers. We can-not find, however, that these assertionswarrant disapproval of the agreement.

It Is true that substantial increases areproposed in some of the electronic partsrates. However, the greatest increaseswould apply to eastbound rates, whichare significantly below comparable west-bound rates, in order to remove the di-rectionallty and discrimination inherentIn the existing pattern. In other cases,the magnitude of the increases resultsfrom removal of anomalies such as lowerrates for more distant points. The un-commonly low eastbound levels Pre a di-rect result of the availability of emptybackhaul capacity generated by one-wayMAC operations during the open rate pe-rlod, as well as ntervention.by foreigngoverments. These rates were permittedto become effective consistent with theBoard's policy to permit considerableflexibility to the carriers to experimentwith specific commodity rates between.the parameters of fully allocated and in-cremental costs, subject to Board review.The unusual combination of circum-stances which produced these rates, andmay have justified their acceptance atthe time, no longer exists and there is noreason to require the carriers to maintainthese rates at levels so'far below thegeneral run of commodity rates, particu-larly when the Board has recently ap-proved a general increase in all othercommodity rates.

Further the Board cannot find that thealleged competition and declining profit-ability In the electronics industry makeIt impossible to pass through highertransportation costs, or alternatively, ab-sorb the cost increases. We recognize thatGIC has submitted data In support ofits contention that the rate increase willraise the selling price of its products sig-nificantly, but In general the shippers-allegations In this regard are not kuM-clently definitive to support disapproval.In view of the high value per .pound ofthe Items concerned, as well as the largenumbers of pieces per pound, the rat&increases will apparently have very littleeffect on the price of each piece.n

The ohippers also contend that a greatdeal of traic will be lost by the IATA

11 Orders 72-6-138, June 29, 1972; and 7"3-8-124. August 24,1973.

= Cf. fn 5 supra.

FEDEPAL. REGISTER, VOL. 40, NO. 11-THUSDAY, JANUARY 16, 1975

286T

NOTICES

carriers to charters, non-IATA carriersor surface transportation because of theirinability -to pay the increased rates. Al-though most of the shippers suggest al-ternatives 'to scheduled IATA carriage,and some include estimates of potentiallosses of traffic and revenue to the IATAcarriers, only Fairchild, Motorola andIntel have provided any concrete data onmeasures already taken in response to theproposed increases, or due to previousincreases already in effect. These con-tentions are not persuasive. Even if wewere to assume, arguendo, the shippers'-difficulties as to cost pass through, orabsorption of high air rates, or the dan-gers of diversion, the Board is not con-vinced that such assumption would war-rant disapproval.

'In a general sense, specific commodityrates are intended to develop new trafficwhich would not otherwise travel by air,:or in limited cases, to permit carriageof low-value, "sPace-available" traffic.Discounted commodity rates are notmeant to carry the majority of traffic, asis now the case (60 percent of the total)In the North/Central Pacific market. The.electronic parts rates alone move ap-proximately 30 percent of total North/.Central Pacific traffic, and at such vol-ume, regularity and frequency they can,no longer be considered as truly promo-tional rates whose central purpose isideveloping new traffic. In these circum-'stances, increases in specific commodityrates to levels still 17 pdrcent below thegeneral commodity rates do not war-rant disapproval. If carriers are tocontinue to provide service, their reve-nues must meet their costs. We consider'the carrier's proposal a legitimate effortto improve their yield to meet the in-creased cost to which they are subject.

The Board recognizes that there areother commodity rates in the North/fCentral Pacific structure at levels lowerthan those proposed for electronic partsin the same markets. As noted above,some are fresh produce rates whose useIs strictly limited. Where manufacturedarticles are involved, it appears thatthey do not move in the same volume asthe electronic items and may still fallinto the category of truly promotionalcommodity rates. This is not to say there

l The 'WErm shippers state: "the changeswhich would be required as'a result of theproposed rate increases could be so drasticthat it Is impossible to state with completecertainty at .this time precisely what stepswould be taken to keep out of the clutchesof the IATA cartel." Fairchild states Tigerhas already lost $500,000 of Fairchild's an-nual business, and the shipper has taken.other steps to divert traffic to non-IATA car-Tiers worth $1,250,000 in annual revenue.m1otorola indicates that the proportion of its'total traffic moving in surface increased from42.1 percent during the first half of 1973 to47.7 percent (by weight) during the sameperiod of 174; and Intel states that it has,diverted 30 percent, or $175,000 of Its trafficto surface.

"T The latter case applies with respect tothe various rates for fresh produce-criticizedby the electronics shippers. Not only .arefruits and vegetables highly perishable, theyalso have a very low value per pound, andare subject to space-available, non-prioritycarriage restrictions.

may not-be good re'son for further in-creases in rates for these goods.

In fact, Pan American's forecast stillshows a marked share of traffic/share of-revenue disparity in the overall balanceof North/Central Pacific commodityrates in that even under- the subjectagreement, commodity rates will carry'almost 66 percent of total traffic but -willgenerate only 38.7 percent of revenue.

In short, the electronics firms have noinherent right to the lowest freight ratesin the Pacific. Although they have citedthe high density of their products in con-nection with capacity costs as justifica-tion for low rates, nothing indicates that'electronic components have a densitysignificantly greater than other manu-factured commodities in these markets.2Furthermore, Tiger's and Pan Ameri-can's assertions that their aircraft tendto become weight rather than space-limited on the long transpacific. stagelengths must be considered.

The data available to the Bpard alsoIndicate clearly that the yields derivedfrom the present electronic parts rates'are significantly below the carriers' costs.'For eiample, Tiger's average unit costs*during the third quarter 1974 were 20.63,cents per RTM, but the presently effec-tive electronic parts rates produce an,average yield of oily 18.24 cents, clearlyinsufficient even to enable the carrier to'break even on carriage of this traffic.'The U.S. carriers' average yield for allscheduled freight traffic during the thirdquarter was 24.91 cents, due to -substan-tial increases in other commodity ratesapproved in Order 74-6-93. The increases'ow proposed, which would produce anaverage electronic parts yield of 24.79-rents, would only bring the rates for elec-tronic items into line with other North/'Central Pacific rates."

The Board has found general com-modity rate levels to be adequate, andhas disapproved proposals to increasethem. At the same time, we have en-'couraged the carriers to increase specificcommodity rates which are moving thebulk of the traffic, and the carriers re-sponded with an agreement raising allcommodity rates which was generally ap-proved in Order 74-6-93. The preferenceand prejudice which precipitated disap-proval of the electronics commodity ratesat that time has now been removed, andthere is no reason to delay further anincrease in rates which move such alarge portion of transpacific traffic.

The Board will also approve amend-ments to several unrelated and unpro-tested existing commodity rates, as de-

tailed In Appendix E which were adoptedat the same meeting which adopted theprotested electronic rates.

Finally, the Board will herein denyGIC's motion for an evidentlary hearing.The shippers have had full opportunityto comment on the subject agreement,and have responded with voluminous ob-jections. In any event, section 412 of theAct does not require evidentiary hearings]n connection with Board considerationof IATA agreements."

Pursuant to the Federal Aviation Adt-of 1958 and particularly sections 10,204(a) and 412 thereof-

It i not found that the specific com--modity rates listed in Appendices A andE hereto, and which are Incorporated InAgreements C.A.B. 24488 and C.A.B.24569, are adverse to the public interesbor in violation of the Act, provided thatapproval Is subject to the conditionshereinafter stated.

Accordingly, it is ordered, That:1. Those portions of Agreements

C.A.B. 24488 and C.A.B. 24569 set forthIn the finding paragraph above be andhereby are approved: Provided, That:

(a) Approval shall not constitute ap-proval of the specific commodity descrip-tions contained therein for purposes oftariff publication; provided further thattariff filings shall be marked to liecomoeffective on not less than s0 days' noticefrom the date of service of this order;-and

(b) Specific commodity rates estab-'lished pursuant'to Resolution 590 withany United States point as an origin ordestination shall be available to and/orIfrom any other United States city haV-Ing an intermediate position based on-shortest operated mileages, at levels nogreater than those established for the.more distant point;

2. The petitions of RCA, Fairchild'Camera and Instrument Corporation andIntel Corporation for reconsideration ofOrder 74-6-93 bp and hereby are denied;and

3. The motion of General InstrumentCorporation in Docket 25280 be end.hereby is denied.

This order will be published In theFEDERAL REI TER.

By the Civil Aeronautics Board.

[SEAL] EmVuV Z. HOLUM.D,Secretary.

[FR Doc.'5-1522 Filed 1-15-75.0:45 am]

[Docket 26404; Agreement CLA.B. 21837;Order 75-1-241

~~ fl AI~~ AlAtfli' L' ,on?n

ASSOCIATIONYields for electronic parts traffic repre-

sent an arithmetic average of the rates North Atlantic Passenger Faresanalyzed in Appendix C. Although this Correctionmethod of computation has its shorecom-Ings, none of the parties have submitted In FR Doc. 75-931 appearing in theinformation to permit computation of an issue of Friday, January 10, 1975 the seV-accurate, weighted average. nth line of the final paragraph In the

-0We cannot accept the shippers' conten-

tions that their position is justified by cal- first columi on page 2255 reading "74-10-

culations based on the Bureau of Economics ' 106. We are-not prepared to per-" should"cost-based formula" in the "Domestic Air 'read "74-10-106. 'We would add thatFreight Rate Case:' That formula, and the 'this".Bureau's brief and exhibits in general resultfrom analysis of U.S. domestic operationsonly-, many cost items, particularly fuel, are 2 "National Air Carrier Aoc atlonhigher in internatioal operations. C.A.B.," 436F 2d 185 (CA.D.C. 1970).

'FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

NOTICES

[Docket No. 273671

LOS ANGELES AIRWAYS CERTIFICATE= PROCEEDING

Prehearing Conference

Notice is hereby given that a prehear-ig conference in the above-entitled mat-ter is assigned to be held on February 20,1975, at 10 an. (local time), in Room911, Universal Building, 1825 ConnecticutAvenue, NW., Washington, D.C. beforeAdministratIve Law Judge William A.Kane, Jr.

-In order to facilitate the -conduat ofthe conference, parties are instructed tosubmit one copy to each party and fourcopies to the Judge of (1) proposedstatements of Issues; (2) proposed stipu-lations; (3) requests for information;(4) statement of positions of parties; and(5) proposed procedural dates. The Bu-reau of Operating Rights will circulateits material on or before February 5,1975, and the other parties on or beforeFebruary 13. 1975. The submissions ofthe other parties shall be limited topoints on which they' differ with the Bu-reau of Operating Rights. and shall fol-low the numbering andtlettering used by

-the Bureau to facilitate cross-referenc-ing.

Dated at Washington, D.C. January 13,1975.

SEnL] ROBERT I,. PsMc.Chief Administrative.aw Judge.

[FR Doc75-1521 Filed 1-15-75;8:45 am]

[Docket 26494; Agreement CAB. 24823 11-1through R-14; Order 74-12--1021

INTERNATIONAL AIR TRANSPORT

ASSOCIATION

Passenger Fares and Currency Matters

Correction

In TR Doe. 75-53, appearing at page1124 in the issue of Monday. January 0,1974, the first paragraph should be pre-ceded by the paragraph reading:

"Issued under delegated authority,December 26, 1974."

CONSUMER PRODUCT SAFETYCOMMISSION -.

NATIONAL ADVISORY COMMITTEE FORFLAMMABLE FABRICS ACT

Meeting

Notice is given that a meeting of theNational Advisory Committee for theFlammable Fabrics Act will be held onTuesday, January 28 (10 a.m. to 4-p.m.)and Wednesday. January 29 (9 a -. to1 p.m.) in the 6th Floor ConferenceRoom, Consumer Product Safety Com-mission, 1750 K Street. NW., Washing-ton, D.C.

The National Advisory Committee pro-,vides advice and recommendations on theCommission's proposals and plans forreducing the frequency and severity ofburn injuries involving flammablefabrics.

The tentative agenda includes discus-sion -of the following topics: Proposedamendments to the standard for flah-inability of children's sleepwear, sizes 7-

14 a7 5-74); labeling 'apparel andhousehold textile products; future activ-ities under the Flammable Fubrics Act,Le., additional standards required andpossible amendments to the Act; sum-mary of Fire Inciddnt Survey; proposalfor alternate laundering procedures: newtest concept of general wearing apparel;and CPSC activities related to possibledevelopment of standards for fabric Igni-tion sources.

The meeting Is open to the public, how-ever, space is limited. Further informa-tion concerning this meeting and finalagenda may be obtained from the Omceof the Secretary. Consumer ProductSafety Commission. Washington D.C.20207, phone (202) 634-7700. "

Dated: January 13. 1975.SADYE DuIM,

Secretarj, Consumer ProductSafety Commissioi.

[FR Do..75-1441 Filed 1-15-75:8:45 am]

DELAWARE RIVER BASINCOMMISSION

PUBLIC HEARING

Notice s hereby given that the Dela-ware River Basin Commission will holda public hearing on Wednesday. Janu-ary 29. 1975. cbmmencing at 2 pm. Thehearing will be held In the South Audi-torium of the ASTM Building. 1916 RaceStreet in PhlladelphL The subjects ofthe hearing will be as follows:

JA Pennsylvania Power and Light Com-pany 'Water Supply Contract: A propoedcontract between the Delaware River BasinCommission and Pennsylvania Power andLight Company whereby the Commission willsupplement the flows of the Delaware Riverby operation of those water supply facUltiesunder its control to enable the Company towithdraw water-required to operato newunits No. 3 and No. 4 at Its L artins Creekelectric generating station located on theDelaware River In Lower Mount Bethel Town-ship, Northampton County. Pa. at Rirer Milo195.25. The -Company agrees to pay for thewater withdrawn at rates duly istabli-hedIn the Commi on's Administrativo Manual,Part IfL .Basin Regulations. and to makeminimum payments as rat forth in thecontract.

B. A proposal to amend the Commin'Administrative Manual by adding a new bodyof regulations under the Freedom of Infor-matlon Act Amendments. Public Law 93-502.enacted November 21. 1974. There proposedregulations relate to public accem to Cora-mission records. They establish certain re-quirements as to time of agency response torequests for records, criteria for compliance.fees for staff services necessary to locate andduplicate records, exemptions and other re-lated Issues. Copies of the proposed regula-tions are available at no charge upon request.

C. Applications for approval of proposedprojects listed below. The Commisson willconsider thee -applications as amendmentsto the Comprehensive Plan pursuant to Artl-cle 11 of the Compact and/or as project ap-provals pursuant.to Section 3.8 of the Com-pact.

1. Borough of Qual"rtown (D-74-200 CP).Duallation of the Beaver Run Interceptorsewer In the Borough of Quakertown. BucksCounty. Pa. Approximately 3.100 feet of In-terceptor will be installed to serve the up-graded treatment plant.

2. Borough of Quakertown (D-74-.S6 OP).Expansion of the pumping station at theBorough's sewage treatment plant In Quaker-

2869

town. Bucks County. Pa. Facilities win beprovided at the plant to treat an average of2. million gallons per day of sewage flow.

3. New Jersey Water Co. (D-74-185 CP).A well water supply project to augment pub-lc water suppies In the company's servicearea in the City of Beverly and several adja-cent township3 and boroughs In BudrllngtonCounty, N.J. Designated as Well No. 33, thefacility will be limited to a maximum with-drawal of 31 million gallons during anymonth.

4. East Vincent ZfunLepal Authority (D-74-87 CP). An Interceptar sewer projectserving the soutdast portion of East Vin-cent Township. Chester County. Ila. Theproject vlll convey an average of 1A miiongallons per day of sewage to the propozedSpring City sewage treatment plant fortreatment prior to discharge to the Schuyl-kill River.

5. Philadelphia Electric Co. (D-74--22). A.Industrial wastewater dicharge at the-com-pany'a Tllghman Street gas plant in Chester,Dalawaro County. Pa. Approximately 3.4 ml-lion gallons per day of cooling water andcondensate from heat operations will dis-charge to the Delaware River.

D. Application for water quality ceftifica-tion for the project listed below pursnt toSection 401 of the Federal Water PollutlControl Act:1. Burlington County Board of Chosen

Freebolder. replacement of Coleman'sBridge over the North Brunch RancocasCreek in Pemberton Township, BurlingtonCounty. ZTJ..

Documents relating to the Items on thishearing notice may be examined at theCommission's offices. Persons wishing totestify are requested to notify the Sec-retary prior to the hearing.

W. BTnTZron WMrALL,Secretary.

JAnUARY 10, 1975.

[IP Doc.75-1481 Filed 1-15-75:8:45 am]

ENVIRONMENTAL PROTECTIONAGENCY

[PRL 322-31

MAINTENANCE OF NATIONAL AMBIENTAIR QUALITY STANDARDS

Public Hearings on Proposed Air QualityMaintenance Areas

In the FmED L REc=sr= of August 12,1974. the Administrator proposed a listof "Air Quality Maintenance Areas"(AQMA's) pursuant to 40 CFR 5L12(e)and (D which have the potential for vi-olation of the national air quality stand-ards through 1985 (39 FR 28906) includ-ing several AQMAs In Michigan. Previ-ously, the State of Michigan had heldtwo public hearings on its designatedAQMA on May 6. 1974, in Detroit andGrand Rapids. Because the Administra-tors proposed AQMAs vary from theState's designations, the Administratorproposes to hold Federal hearings on theproposals for the State of Michigan, withexception of the Detroit AQVMA for totalsuspended particulates which AQ11A isto be designated in a future" FuPnr.Rzorsrm. The purpose of this notice Is tospecify the dates, times, and location. ofthese hearings, which will address theremaining AQMTA proposals.

Mcmc=A

January 28, 1975, at 9:30 ain. at theOlds Plaza Hotel, Michigan Room South,

FEDERAL REGISTER, VOL 40, NO. I"-THURDAY, JANUARY 16, 1975

NOTICES

125 West Michigan Avenue, Lansing,Michigan 48933. Hearing Officer, PeterKelly.

January 29, 1975, at 9:30 a.m. at theMr. President's Motor Hotel, State Room,322 Plainfield Road, Grand Rapids,Mchigan 49505. Hearing Officer: PeterKelly.

Copies of the technical documents sup-porting the USEPA proposed designa-tions may be inspected during the normalbusiness hours at the ReWion V Office,230 S. Dearborn Street, Chicago, Illinois60604, and at the Michigan Departmentof Natural Resources Office, Stevens T.Mason Building, Lansing, Michigan48926. Also written comments on theproposals may be submitted, preferablyin triplicate, to Mr. Peter Kelly, En-forcement Division, Region V Office.Written comments received not laterthan 30 days from the date of the publichearings will be considered. After thecomment period, all comments will beavailable for public inspection duringnormal business hours at the Region VOffice and at the Freedom of Informa-tion Center, EPA, Room 329, 401 MStreet, SW., Washington, D.C. 20460.


ROGER STRELOV,Asistant Administrator

for Air and Waste Management.[FR Doe.75-1550 Filed 1-15-75;8:45 am]

FEDERAL COMMUNICATIONSCOMMISSION[Report No. '136]

COMMON CARRIER SERVICESINFORMATION' 1

Domestic Public Radio ServicesApplications Accepted for Filing

JANUARY 13, 1975.Pursuant to §§ 1.227(b) (3) and 21.30

(b) of the commission's rules, an ap-plieation, in order to be considered withany domestic public radio services ap-plication appearing on the attached list,must be substantially complete andtendered for filing by whichever date isearlier: (a) the close of business onebusiness day preceding the day on whichthe Commission takes action on the pre-viously filed application; or (b) within60 days after the date of the public no-tice listing the first prior filed applica-tion (with which subsequent applica-tions are in conflict) as having been ac-cepted for filing. An application whichis subsequently amended by a majorchange will be considered to be a newlyfiled application. It is to be noted thatthe cut-off dates are set forth in the al-

lAIl applications listed in the appendixare subject to further consideration and re-view and may be returned and/or dismissedif not found to be In accordance with theCommission's Rules, regulations and otherrequirements.

2 'he above alternative cut-off rules applyto those applications listed n the appendixas having been accepted in Domestic PublicLand Mobile Radio, Rural Radio, Point-to-Point Microwave Radio and Local TelevisionTransmissibn Services (Part 21 of theRules).

ternative-applications Will be entitledto consideration with those listed in theappendix if filed by the end of the 60 dayperiod, only if the Commission has notacted upon the appliatlon by that timepursuant to the first alternative earlierdate. The mutual exclusivity rights of anew application are governed by theearliest action with respect to any one ofthe earlier filed conflicting applications.

The attention of any party in interestdesiring to file pleadings pursuant tosection 309 of the Communications Actof 1934, as amended, concerning anydomestic public radio services applica-tion accepted for filing, is directed to§ 21,27 of the Commission's Rules forprovisions governing the time for filingand other requirements relating to suchpleadings. FEDERA COnmuz ucATX0u§

CosnnSSION,[SESL] VMCENT J. MUrtLS,

Secretary.ApiacATiONS AccEPsED Pon Fanme:

DOMESTIC PVBLIC LAND WOEIL RADIO SaRVCE.

20920-CD-P-(4)-75, Airsignal International,Inc. (XKG561). C.P. to change antennasystem operating on 35.22 M at Loc. #2:2901 FiTck Road, Houaton, Texad; changeantenna system operating on 35.22 MHz atLoc. #3: 401 Mayo Shell Road, Houston,Texas; change antenna system operatingon 35.22 MHz at Loc. #4: East HamptonCircle, Houston, Texas; and add antennaLoc. #5 to operate on 3522 MHz to belocated at 7000 Fannin Street, Houston,Texas.

21003-CD-AL-12)-75, Loftin's Transfer &Storage Co., Inc., dba Mobilphone Systems.Consent to Assignment of License fropnMoblphone Systems, Assignor, to Alvin D.Escue dba Telpage of Dothan, Assignee.Stations: KTS265, XTS276, Dothan, Ala-bama.

21004-CD-AL-75, Hllsdale County TelephoneCompany. Consent to Assignment of Li-cense from Hillsdale County TelephoneCompany, Assignor, to Camden Rural Tele-phone Company, Assignee. Station: HQT-719, Pittsford, Michigan.

21005-CD-P-(2)-75, DPRS, Inc. t/a Zipcall(NSV955). C.P. for additional facilties tooperate on 158.70 z at a new site to belocated at Wood Hill, Andover, Massachu-setts; and additional facilities to operate on158.70 MHz at a new site to be located onOak Street, 0.4 mile North of Route #6,-Barnstable, Massachusetts.

21006-CD-P-(4)-75, Schuylkill Mobnle Fone,Inc. (KGA589). C.P. for additional facili-ties to operate on 152.06 MHz at Loc. #1,Sharp Mountain, N. Manhein Twp., Potts-ville, Pennsylvania; and add antenna Loc.#2 to operate on 152.18, 454.175, and 454.275

- M to be located at Broad Mountain, St.Clair, Pennsylvania.

21007-CD-TC- (2) -75, Radiofone Corporationof Pennsylvania, Inc. Consent to Transferof Control from Radiofone Corporation,Transferor, to Tri-State Radio Corpora-tion, Transferee. Stations: HGC222, Le-moyne, and NGI278, York, Pennsylvania.

21008-CD-P-(2)-75, RCC of Virginia, Inc.(K=Y595). C.P. for additional facilities tooperate on 152.03 & 152.21 MHz located at

.3004 North Main Street, Danville, Virginia.I Major Amendment

20617-CD-P-75, Island Telepage Systems,Blyn, Washington (new). Amend base fre-quency 152.18 MHz to read 454.250 M ,z.All other particulars to remain as reportedon PN #726 dated November 4, 1974.

£'orrcotionCorrection to PN #732 dated December 10,

1974. J & S Communications Co,, CapeGirardeau, Missouri, 20827-CD-TC-70,should have read delete Station XRS036.All other particulars remain as reported.

ZxformativeOn December 16, 1974 the Commission re-

leased a Report and Order In Dooket No,19555 (FCC 74-1042) adopting rules imple-menting the National Environmental PolicyAt of 1069. Applicants are reminded thatthese rules will become effective for all ap-plications filed on or after January 20, 1075,Such applications which would involve a"major action", as defined by Section 1.1305of the Rules, must contain the environmentalinformation specified by § 1.1311 in order tobe considered acceptable for filing.

xWRAL RADIO srnVicr6024G0-CO-P-75. RCA Alaska Communlca-

tions, Inc. (K1E62). C.P. to replace trans-mitter change antenna system, change fre-quency from 454.575 to 454.050 Zils andto add frequency 454,375 ,l1Z located atremote repeater aite at Hill 2750 on theAlyeska Pipeline route: 60 milei V. olFairbanks West, Alaska.

60241-CR-P-75, RCA Alaska Communica-tions, Inc. (KIF'0O). C.P. to roplaco trans-mitter, and change frequency from 40J.575to 459.650 MHz located at Alyeska l3ipelineconstruction site ncar Livengood Village,47 miles NV. of Fairbanhs, LivengoodCamp, Alaska.

60242-OR-P-75, RCA Alaska Communlica-tions, Inc. (new). C.P. for a now Interofficestation to operate on 459.375 Hz to belocated on Elliott Hwy. 42 miles S. ofGlennallen, Pump Station #7, Alaska.

PoXnT-To-Ponr =COWAVn1 ADOo SItVXCU2045-CF-P-75, CPI Satellite Telecommunica-

tions, Inc. (WPE35), Dallas, Texas. Lat,32o46'49" N., Long. 06148'07" W. C.P. toadd frequencies 11465V and 11225V MILztowards Cedar Hill, Texas, on azimuth 217degrees/07 minuts,

2046-CF-P-75, Same (now), Cedar Hill,Texas. Lat. 32°34'42" N., Long, 0008'50'1W. C.P. for a now station on frequencies11175V and 10935V 11Hz towards Dalls,Texas, on azimuth 37 degre/00-mrAnutes.

2047-CF-P-75, Midwestern Relay Company(new), Western Union Satellite Earth Sta-tion, Lake Geneva, Wisconsin. Lat. 42,31'19" N., Long. 83*25'50" W. O.. for a n0Vstation on frequeneles 10735V =d 10890VMH towards Lake Geneva, WisconSin, onaz mutk 114 degrees/35 minutes.

2110-CF-P-75, MCI-New York %Vest, In0,(new), 214 Wort 77th Street, Chicago,Illinois. Lat. 41*45'17" N., Long. 07'37149"W. C.P. for a now station on frequonoles10735.0H ? towards Chicago, Illnois, onazimuth 181 degrees/52 minutes.

2111-Cr- -75, Same (WI171), 200 Blook ofWest 87th Street, Chicago, Illinois, Lat,41,44'08!' N., Long. 87037'52' '

W. OP. toadd 11225.0H Mta towards a new pointof communication at Chicago 77, Street,Chicago, Illinois, on azimuth 01 degrees/52 minutes.

2101-CF-ML-75, United Telephone Companyof the Carolinas, Inc. (KJH37), Lobeco,South Carolina Lat. 32*33'17" N., Long.80*44'59" W. od, of CP. to add 6250,11MIz towards Beaufort, South Carolina, onazimuth 152 degres/53 minutes: 6250.5VNhM towards Ridgeland, South Carolina,on azimuth 248 degrees/58 minutes.

2106-CF-P-75, Munising Telephone Company- (new), 2 miles SE. of Munising, On

Cemetery Hill Road, Michigan, Lat. 40'23'38" N., Long. 80'38'07#0 W. CP. for a newstation on 2116.6H MHz towards HiawathaForest, MichigEan, on azimuth 110 degree'/21 minutes.

FEDERAL REGISTER, VOL. 40, NO. II-THURSDAY, JANUARY 16, 1975

NOTICES

2107-CF-P-75, Same (new). 0.5 mile South ofHidden Lake, on Highway #13, Hiawatha-Forest, Michigan. Lat. 46°08'42" N, Long.86°38'15' W. C.P. for a new station on2166.5H 1z towards Munising. Michigan,on azimuth 00-degrees/21 minutes.

2108-CF-P-75, Same (new). 1.4 miles Southof Eckerman, on Highway #28, Michigan.Lat. 46°20-41" N.. Long. 85-02'05' '

W. C.P.for a niw station on 2116,5V Mi1z towardsParadise. Michigan, on azimuth 359 de-grees/00 minutes.

2109-CF-P-75. Same (hew), 0.25 mleqNorth-west of Paradise, on ighway #=123, Mich-igan. Lat. 46°37'43" N., Long. 85*02'31"W. C.P. for a new station on 2116.-Vtowards Eckerman, Michigan, on-azimuth178 degrees/59 minutes.

2119-CF-P-75. Continental Telephone Com-pany of Utah. (KPS97), 6 miles ENE. ofPrombontory. Utah. Lat. 41°49'51"

' 'N,Long. 112-26'41" W. C.P. to change azi-muth path, length, and replace transmit-ters on 11365V and 11685H Hz towardsLittle Mountain, Utah, on azimuth 158degrees/5 minutes.

2123-CF-P-75, General Telephone Companyof Kentucky (KGG27), 301 West Washing-ton Street, Glasgow. Kentucky. lat. 36°59 "-46" N., Long. 85°54'53'" W. CP. to add2172.0H MHz towards a new point of com-munication at Cyclone Repeater Station,on azlmuth 126 degrees/29 minutes.

2124-CF-P-75. Same (new). 2. miles Southof the intersection of Kentucky #90 & 163,Cyclone, Kentucky. Lat. 36°51'01" N., Long.8540'11" W. C./. for a new station on2122.OH z towards Glasgow, Kentuc-y.on azimuth 306 degrees/37 minutes;2117.2V MHz towards Grandview TerminalTompklnsviile, Kentucky, on azimuth188 degrees/37 minutes.

2125-CF-P-75, Same (new), At the end ofAmerican Legion Road, TomphinsvilleKentucky: Lat. 36°43'08" N. Long. 85"41

"-

40" W. C.P. for a new station on 2167.2VMHz towards Cyclone Repeater Station,Kentucky, on azimuth 08 degrees/36minutes.

2148-CF-P/L--75, RCA Global Communica-tions; Inc. (new). 2.6 miles NW. of Dededo,Mariana Islands (Guam). Lat. 13-32'31.8"N., Long. 144°48'35.5" W. CP. and Licensefor a new station on 6675V 1 towardsYona, via passive reflector.

2149-CF-PIML-75, Same (KUTA53), 2 milesNW. of Yona, Mariana Islands (Guam).Lat. -13°2500" N. Long. 1444"571" E.C.P. and Mod of License to add 6835V 11Hztowards Dededo, via passive reflector.

2152-CF-P-75. RCA Alaska Communications,Inc. (WAS454). Pump Station #9.4.1 milesSSW. of Big Delta, Airport, Alaska.Lat. 63°

-55"53" N.. Long. 14556'05" W. CP. to*add 217&.OV .IHz towards Donnelly Dome,Alaska, on azimuth 196 degrees/02 min-utes.

2153-CF-P-75. Same (WAH417), White AliceCommunication site at 248 RichardsonHighway, 14.5 miles South of Delta Junc-tion, Donnelly Dome, Alaska Lat. 63'-47'14" N. Long. 145°51"42" W. CP. to add2128.OV z towards a new point of com-munication at Pump Station -'9, Alaska,on azimuth 15 degrees/57 minutes.

2166-CF-P-75. RCA Alaska Communications,Inc. (WAS451). Pump Station #6. YukonRiver Valley. 90 miles NW. of Yalrbanks,Alaska. Lat. 65o.5r16" N. Long. 149°44'05"W. ,(C.. to add 2112AV MEHz towards Ham-lin, Al"ask, on azimuth 304 degrees/44minutes.

2167- CF-P-75, Same (EIJ63). Knmlin e-mote repeater site near HlU 3911 onAlyeska Pipeline route: 128 mile3 NW. ofFairbanl, Alasna. Lat. 0003'33" N. Long.150*46'24" W. O.P. to add 2162.4V MIztowards a new point of communication atPump Station #6. Alaska, on azimuth 123degrees/47 minutes.

2170-CF-UP-75. United Telephone Company-of the Carolina, Inc. (KIC29). SaveallStreet at Highway =, Greenwood. SouthCarolina. Lat. 34"10*19" N., Long. 82'-,08'32" W. Mod. of C.P. to add 256.5V LMtowards Troy. South Carolina, on nzimuth214 degrees/26 minutes: 0250.5H LIHtowards Saluda. South Carolina. on az1-nuth 118 degrees/43 minutes.

217-CF-P-75. Northwestern Bell TelephoneCompany (EPP31), 2 miles South of Suth-erland, Nebraska Lat. 4107'41" N. Long.101'07'51' W. C.P. to corerct coordinatesas stated above: change anzimuth ndantenna system on 63159H L towardsSutherland. via passive reflector.

2118-CF -=U-75, American Telephone andTelegraph Company (KYMO3), 1A milesNNW. of Ida, Kentucky. Lat. 30"4'12" N.Long. 85*10'31" W. Mod. of License tochange polarity from Vertlcal to Hori-zontal on 3710. 3790, 3870. 3950, 4030, 4110,and 4190; from Horizontal to Vertical on3850. 3930. 4010 4009, and 4170 H to-wards Allons, Tennessee, on azimuth 20&degrees/24 minutes.

2179-CF-ME-75. Same (KTYM99), 1.8 mU3NNVM. of Aliens, Tenne:see. Lat. 30"28-03"N., Long. 85"21'13" W. Mod. of Licen.o tochange polarity from Vertical to Hori-zontal on 3750. 3830. 3910. 3990, 4070. 4150,and 4198 A1Hz; from Horlzontal to Vertl-cal on 3810. 3890, 3970. 4050. and 4130 1ztowards Ida, Kentucky, on azimuth 21degrees/lI minutes.

2180-CF-, L-7, Snme (KYN2). 4.9 milesSSW. of OlIvehIll, Tennessee. Lat. 35"-12'26" N. Long. 88"03'39" W. Mod. ofLicense to change polarity from Horizontalto Vertical on 3710, 3790. 3870, 3950. and4030 lHz towards Waynesboro, Tenne-see,and from Vertical to .Horizontal on 3770.3850, 3930. 4010, 4090, and 4170 1. Hztowards Waynesboro, Tennessee, on ai-mnuth 69 degrees/14 minutes.

2181-CF-1.L-75, Same (=120), 3.7 -iEast of Waynesboro. Tenne-se. Lat. 35*-19'11" N. Long. 87041"50" V. 'Mod. of'License to change polarity from Vertical toHorizontal on 3730. 3810. 3820. 3970. 4050,and 4130 11Hz; from Horizontal to VerticalOn 3750. 3830. 3910. 3990. and 4070 1]lz to-wards OlIvehill. Tennessee. on azimuth 249degrees/26 minutes.

2202-CF-P-5, Southwestern Bell TelephoneCompany (KAD24), 3.2 miles South ofBasehor, Kansas. Lat. 39105'32" N.. Long.94056'42" W. C.P. to add 3830V I1Hz to-wards Oskaloosa. Kansas. on azimuth 283degrees/44 minutes: 3830H 1mHz towardsMission Kansas, on azimuth 105 degre,/38 minutes,

2203-CF-P-75, Same (EAD25), 4 miles Southof Oskaloosa, Kansas. Lat. 39009*31" N..Long. 95*19'33" W. CP. to add 3790K

z towards Topeka, Kansas. on azimuth252 degrees/36 minutes; 3790V 1.1Hz to-wards Basehor, Kansas, on azimuth 102degrees/30 minutes.

2204-CF-P-75, Southwestern Bell TelephoneCompany (EAD26)o Third and OakleyStreets. Topeka, Kansas Lat. 39*03'46" N.Long. 95-42'56" W. OP. to add 37GOH 1HzT

20871

tor.ards St. Mary-, Kansas, on azimuth S04degres/50 minutes; 3830H ?.ram towardsOs.acosa. Kansas, on azimuth 72 degrees/22 minutes.

2205-CF-P-75. Same (KAD27), 4 miles Northof Saint larys, Kansas. lat. 39-15"36" N_Long. 00*04'52" W. CP. to add 37 OR1.1Hz towards Manhattan. Kansas. on azi-muth 201 deg!rees/0 minutes; 3710K 1.Hztowards Topeka. Kansas, on azimuth 124degre3/36 minutes.

2206-CF-P-75. Same (KAD28), 0.5 infleNorth of Manhattan, Kansa. Lat 3911-57" N. Long. 96*34'27" W. C.?. to add4030V Tl. towards Junction City, Kansas,on azImuth 231 dcgrees/07 minutes 3750H

. towards St Marys, KaX a, on azi-muth 80 de;re'-/50 minutes.

2207-CF-P-75, Sarmo (KAE25). 2 miles S.of Junction City. Kanas Lat. 39*00'42'

-

2., Long. 9652"18" V. CP. to add 4050H1.1Hz towards Talman. ss, on azimuth203 degree3/3 minutes; 4050V z to-wards 2-fanbattan. Kansas, on azimuth 5Oderee/5 minutes.

2208-CF-P-75, Same =E6), 4.3 iles Sv.of Talmago, Kansas. Lat. 38°58"21" X.Long. 971826

" W. C.P. to add 4090H.1Hz towards Salina, Kansas, on azimuth

210 deree3/40 minutes; 4090K I to-wards Junction City, Kansas, on azimuth83 derees/17 minutes.

2203-CF-P-75, Same (2AE7). 137 SouthSeventh Street, SaMin, Kansas. Lat. S50-211' I. Long. 97*06'35' W. CP. to add3970H ,Tfz towards McPherson. Kansas. onazimuth 180 degrees/0 minute 4050H

1 towards Talmage. Kansas. on azimuthCO degrees/29minutes.

2210-CF-P-5. same (KAE28), 7 miles 144Kof McPherson. Ka2sas Lat. 3823'15" IT.Long. 9738138 ," W. CP. to add 40101rT.1z towards Hutchinson. Kans , on azi-muth 219 degreeslS1 minutes: 4010K 1.H24towards Salina. Kansas, on azimuth CO de-gres/06 minutes.

2211-CF-P-7o Same (.AE40). 4 miles 1KW=,of Hutchinson. KMas. Lat. 38°03'42" N._Long. 01"5716"" W. OP. to add 4050V 14towards Haven, Kasas on azimuth 153degrees/2 minutes; 39W0H 1.1Hz towardsMfcPherson, Kans,, on azimuth 39 de-grme/3 minut

2212-CF-P-75. Same (MKAE59). 4.5 miles ssz.of Haven. KaM=s. Lat. 37*50'05" N. Long.97045'25" W. CP. to add 4090V 1.1Hz to-Uards WIchita. ansaiz. on Uzimuth 113 de-gree3/35 minutes. 4090V 1 towardsHutchinson. Kansas. on azimuth 1333 de-grees/19 minutes.

2213-CF-P-S. Southwestern Ball Telephoneand Telegraph Company (pEA6). 151North Broadway. Wichita. Kansas. Let.37*41'15" IT. Long. 97°20"05"" W. CP. toodd 4050V 1.EH towards Haven, Kansas, onuzimuth 29 degre/SO minutes.

2214-CF-P-75, Same (WAY86), 5440 Fox-rldgo Drie, M sion. Kagnas Ltat, 39oor-152" N.. Long. 94*39'39" W. C.P. to add .370K 1.Hz towards Basebor, lransas, onazimuth 285 degree/48 mlnutes.

2215-CF-MIL-75. The Mountain States Tele-phone and Teleg-raph Company (K9K21),301 Kinsley Avenue, Wln ov?, Arizona. Let.35*01'29" N.. Long. 110-41'49" W. Mod.Of Licenle to correct coordinates as statesabove: change azimuth on 11445H and1O35V ?.Hz towards Mount Elden, Arl-zon. to 280 degrees/25 minutes; changekilometers, and azimuth on 11405V and116451H z towards Joseph.City, Arizona,to 111 degrees/05 minutm

T-EDERAL REGISTER, VOL 40, NO. I 1-THURSDAY, JANUARY 16, 1975

2872

2216-CF-P-75, American Telephone and Tel-egraph Compdny (1KGN87), 0.5 mile SW.of Faulkner, Maryland. Lat. 38*26'021' N.,Long. 76058'6811 W. C.P. to add 6093.5HMHz towards Corbin, Virginia, on azimuth233 degrees/14 minutes.

2217-CF-P-75, Same (KJH91), 4 miles Eastof Powhattan, Virginia. Lat. 37*32'11 '" N.,Long. 77O50'50" W. C1?. to add 6345.5HMHz towards Coatsville, Virginia, on azi-muth 36 degrees/49 minutes; 6345.5HMHz towards Amelia, Virginia, on azimuth199 degrees/44 minutes.

2218-CF-P-75, Same (KEM93), 5 miles ESE. ofDablonega, Georgia. Lat. 34'30'49" N.,Long. 83*53'53" IV. C.P. to add 6093.5HMHz towards Lula, Georgia, of azimuth 123degrees/41 minutes.

2219-CF-P-75, Same (KPS94), 5 miles Northof Elberton, Georgia. Lat. 34011'28" N.,Long. 82*53'00" W. C.P. to add 6345.5V

towards Pocataligo, Georgia, on azi-muth 270 degrees/59 minutes; 6345.5VMHz towards Level Land, South Carolina,on azimuth 67 degrees/49 minutes.

2220-CF-P-75, Same (KMS99), 0.5 mile SE.of Lula, Georgia. Lat. 34*22'54" N., Long.83°39'35" W. C.P. to add 6345.5V iHztowards Dahlonega, Georgia, on azimuth303 degrees/49 minutes; 6345.5V MHztowards Pocataligo, Georgia, on azimuth122 degrees/16 minutes.

2221-CF-P-75, Same (IRT20), 1 mile SW. ofPocataligo, Georgia. Lat 34011'47" N., Long.83*18'27' ' W. C.P. to add 6093.5H MHztowards Lula, Georgia, on azimuth 302degress/28 minutes; 6093.5H MHz towardsElberton, Georgia, on azimuth 90 degrees/44 minutes.

2222-CF-P-7, American Telephone and Tele-graph Company (KET31), 3.8 miles NE. ofBunn, North Carolina. Lat. 36°01'33" N.,"Long. 78°13'31" W. C.. to add 6093.5VMHz towards Wendell, North Carolina, onazimuth 204 degrees/53 minutes; 6093.5HbMHz towards Warrenton, North Carolina,on azimuth 359 degrees/0 minutes.

2223-CF-P-7, Same (KRT32), 3.8 milesNNE. of Coats, North Carolina. Lat. 35°27'-59" N., Long. 78*38'46" W. C.1. to add6093.5H MHz towards Pine View, NorthCarolina, on azimuth 244 degrees/04 min-utes; 6093.511 MHz towards Wendell, NorthCarolina, on azimuth 37 degrees/38minutes.

2224-CF-P-5, Same (KRT33), 3 miles NNW.of Ellerbe, North Carolina. Lat. 35°07'08"N., Long. 79°47'04" W. C.P. to add 6346.5VMHz towards McFarlan, North Carolina, onazimuth 209 degrees/17 minutes; 6345.511MHz towards Southern Pines, North Caro-lina, on azimuth 89 degrees/10 minutes.

2225-CF-P-5, Same (KRT34), 3.5 miles Eastof Pine View, North Carolina. Lat. 35018'-50" N., Long. 79°01'38" W. C.1. to add'6345.5V MHz towards Southern Pines, NorthCarolina, on azimuth 237 degrees/00 min-utes; 6345.5V MHz towards Coats, NorthCarolina, on azimuth 63 degrees/51minutes.

2226-CF-P-75, Same (KRT35), I mile-northof McFarlan, North Carolina. Lat. 34°49'-36" N., Long. 79058'59" W. C.. to add6093.5V MHz towards Pageland, SouthCarolina, on azimuth 257 degrees/39 min-utes; 6093.511 'mz towards Ellerbe, NorthCarolina, on azimuth 29 degrees/10minutes.

2227-CF-P-75; Same (KRT36), 3.5 miles SSE.of Southern Pines, North Carolina. Lat.35*07'23" N., Long. 79°23'02" W. C.P. toadd 6093.5V MHz towards Ellerbe, NorthCarolina, on azimuth 269 degrees/23 min-utes; 6093.5H M.Hz towards Pine View,North Carolina, on azimuth-6 degrees/48minutes..

NOTICES

2228-CF-?--75, Same (KRTi7), 5 miles SW.of Warrenton, North Carolina. Lat. 86'20'-44" N., Long. 78°13'56" W. C.P. to add6345.5V MHz towards Bunn, North Caro-lina, on azimuth 178 degrees/59 minutes;6345.511 MH towards Boydton, Virginia,on azimuth 345 degrees/24 minutes.

2229-CF-P-75, Same (KRTa8), 2.8 Miles SSW.of Wendell, North Carolina. Lat. 35144'17"N., Long. 78°23'20" W. C.. to add 6345.6VAIR towards Coats, North Carolina, onazimuth 217 degrees/47 .minutes; 6345.51HMHz towards Bunn, North Carolina, onazimuth 24 degrees/47 minutes.

2230-CF-P-75, Same (KRT39), 1.8 miles W.of Cross Keys, South Carolina. Lat. 34*-38'24" N., Long. 81*48'05" W. CP. to "add6093.SV MHz towards Hickory Tavern,South Carolina, on azimuth 246 degrees/59 minutes; 6093.511 MSz towards Shelton,South Carolina, on azimuth 113 degrees/32minutes.

2231-CF-P-75, American Telephone and Tele-graph Company (KRT4O), 3.2 miles WNW.of Heath Springs, South Carolina. Lat.34°35'55" N., Long. 80°44'08" W. C.P. toadd 6345.5V MHz towards White Oak,South Carolina, on azimuth 245 degrees/35 minutes; 6345.5H MHz towards Page-land, South Carolina, on azimuth 60degrees/00 minutes.

2232-CF-P-7, Same (1RT41), 1.2 milesSouth of Hickory Tavern, South Carolina.Lat. 34-30'21" N., Long. 82°10'52, ,

W. C..to add 6345.5V M towards Level Land,South Carolina, on azimuth 233 degrees/57 minutes; 6345.5-H MHz towards CrossKeys, South Carolina, on azimuth 66degrees/46 minutes.

2233-CF-P-75, Same (KRT42), "., mile Eastof intersection of State Highways #24 and# 201, Level Land, South Carolina. Lat.84°19'45" N., Long. 82028'23" W. C.. toadd 6093.5H MR towards Elberton,Georgia, on azimuth 248 degrees/03 min-utes 6093.5H MHz towards Hickory Tav-ern, South Carolina, on azimuth 53degrees/47 minutes.

2234-CF-P-75, Same (KRT43), 2.3 miles SW.of Pageland, South Carolina. Lat. 34O44'45"N., Long. 80°25'33" W. C.. to add 6093.5VliHz towards Heath Springs, South Caro-lina, on azimuth 240 degrees/1O minutes;6345.5H MHz towards MeFarlan, North Car-olina, on azimuth 77 degrees/24 minutes.

2235-CF-P-75, Same (KIlT44), 1.2 milesEast of Shelton, South Carolina. Lat.34°29'44' ' N., Long. 81°24'09" W. C.P. toadd 6345.5V MVz towards Cross Keys,South Carolina, on azimuth 293 degrees/45 minutes; 6345.6H MHz towards WhiteOak, South Carolina, on azimuth 95 de-grees/o6 minutes.

2236-CF-P-75, Same (KIIT46), 4.2 milesSouth of Amelia, Virginia. Lat. 37016'35"N., Long. 77°57'50" W. C.P. to add 6093.511MHz towards Powhatan, Virginia, on azi-muth 19 degrees/40 minutes; 6093.-V MHztowards Victoria, Virginia, on azimuth 220degrees/56 minutes.

2237-CF-P-75, Same (KRLT47), 5 miles Northof Boydton, Virginia. Lat. 36*44'37" N.,Long. 78°21'40" W. C.. to add 6093.5Hi.z towards Victoria, Virginia, on azi-muth 12 degrees/30 minutes; 6093.5V MHztowards Warrenton, North Carolina, onazimuth 165 degrees/19 minutes.

2238-CF-P-75, Same (KIET50), 2.4 miles SW.of Corbin, Virginia.-Lat. 38S12'44" N., Long.77'21'28" W. C.P. to add 6345.5V MHztowards Faulkner, Maryland, on azimuth53 degrees/00 minutes; 0345.5H MHz to-wards Coatsville, Virginia, on azimuth 202degrees/24 minutes.

2239-CF-P-75, Same (IMilT51), 3.0 Iniles VW.of Victoria, Virginia. Lat 37*02'23" N,Long. 78°1G'45" W. C.P. to add 0346lVMHz towards Amelia, Virginia, on azlimuth46 degrees/44 minutes; 0345,6V MIL, to-wards Boydton, Virginia, on azimuth 192degrees/33 minutes.

1989-CF-MFP-5, Taft Broadcasting Corpora-tion. (WAT.43), 4800 San Felipo Rd., llous-ton, Texas. Lat. 29*44169" N., Long. 05027'29" W. Mod. of C.. to change point ofcommunication.

2114-CF-P-V5, flssten Microwavo, Inc.(KTF96), Italy Hill, New York. C.P. toincrease power on 6212.OV MHa and 02714VMHz toward Seneca Falls, Nevr York, andadd now point of communication atCanandaigua, New York, on 6212.0H MHzand 6271.4 MHz.

2048-CF-MP-75, United Weheo, Inc.(KEX75), Walker's Mill, Texas, Mod, ofC.P. to add new point of communicationat Carthage, Texas, on 5974.8V MIxz and6034.2V iH&.

2053-CF-P-75, 'Western Tele-Communia-tions, Inc. (KYP3O), laldy Mtn,, Mon-tana. C.P. to add now point of commu-nication at Blackhorse, Montana, on6137.9V MIHz. (A waiver of Section 21.701 (1)requested by applicant).

2052-CF-P-75, (Same) (KSQ33), Blaekhone,Montana. 0.P. to add 6212.0V MHz towardGreat Falls, Montana. (A waiver of Sec-tion 21.701(1) requested by applicant).

2084-0F-.IP--75, West Texas Microwave Com-pany (KLU89), Breckenridge, Texas. Mod,of C.. to power split frequencles'6974,80lMHz, 60C 8V MHz, 6152.011 I=I-, and6034.211 MHz toward Eastand, Te:as,.

2085-OF-P-7, Alabama Microwave, Inc,(KJJ57), Capshaw Mtn., Alabama, C.P. toadd a point of communication at Athens,Alabama, on 6345.511 CHz 0404.011 M:1o,and 6226.0I MHz.

2210-CF-P-75, American Telephone andTelegraph Company (KRT46), 2.5 milesEast of White Oak, South Carolina. Lat.34°28'15" N., Long. 81°04'27' W. O. toadd 6093.bV MHz towards Shelton, SouthCarolina, on azimuth 275 degrees/17 min-utes; 6093.511 MHz towards Heath Springs,South Carolina, on azimuth 65 degrees/23minutes.

2241-CF-P-75, Same (KET49), 4.2 miles Sof Coatsv-lo, Virginia. Lit, 8751'40" N.,Long. 77"2'25" W. C.. to add 0093.6HMHz towards Corbin, Virginia, on azinuth22 degrees/17 minutes; 6093.5V MHZ to-wards Powhatan, Virginia,' on azimuth 2117degrees/00 minutes.

[FR Doc. 7C-1486 Filed 1-15-76;8:45 am]

FEDERAL ENERGYADMINISTRATION

MAR ET SHARES QUESTIONNAIRES

The Federal Energy Administrationannounces the implementation of a sir-vey of market shares of refined petroleumproducts. Questionnaires to be used inthis survey were announced prevlouslyin 39 FR 41220 (November 25, 1974).These questionnaires will collect data onthe aggregate shares of marketers of re-fined petroleum products pursuant tosection 4(c) (2) (A) of Pub. L. 93-159(Emergency Petroleum Allocation Act of1973) . Additional information relating tothe distribution of these products is being,Collected pursuant to the provisions ofsections 5 and 13 of Pub. L. 93-275 (Fcd-eral Energy Administration Act of 1974).

FEDERAL REGISTER, VOL. 40, NO. 11-THUSDAY, JANUARY 16, 1975'

FEA Form P305-S-0 entitled Refiner/Importer Historical Report of PetroleumProduct Distribution is a survey to obtaininformation on historical sales of refinedpetroleum products. This one-time ques-tionnaire will be mailed on or about Jan-uary 10, 1975 to all U.S. parent compa-nies of frms which refine or import pe-troleum products and which are not di-rectly or indirectly controlled by anotherpetroleum refiner or importer. FEA FormP306-M-0 entitled Refiner/ImporterMonthly Report of Petroleum ProductDistribution will be mailed to the samefirms in early 1975 for mont1hly reportingof similar data.

FEA Form-P303-S-0 intitled HistoricalSurvey of NonbrandedL IndependentMarketers is a survey to identify histori-cal trends in the aggregate market shareof this class of marketers for motor gaso-line. This one-time questionnaire will bemailed on or about January 10, 1975 toan identified universe of nonbrahded in-dependent marketers, of motor gasoline.FEA Form P304-M-0 entitled MonthlySurvey of Nonbranded IndependentMarketers will be mailed in early 1975to a sample' of gasoline distributorsdrawn from this universe for monthlyreporting of volume sales..

Further information about these ques-tionnaites may be obtained from the Of-fice of Data Services, 202-961-8033.Firms which are required to report mayobtain additional copies of the question-naires from Federal Energy Administra-tion, Code 2896, Washington, D.C. 20461.


ROBERT E. MONTGOMERY, Jr.,General Counsel,

Federa Energy Administration.[FR Do.75-1367 Filed 1-13-75;9:28 am]

FEDERAL MARITIME COMMISSIONCERTIFICATES OF FINANCIAL

RESPONSIBILITY (OIL POLLUTION)

Certificates Issued

Notice is hereby given that the.follow-ing vessel owners and/or operators haveestablished evidence of financial re-sponsibility, with respect to the vesselsindicated, as required by section 311(p)(1) of the Federal Water Pollution Con-trol Act, and have been issued FederalMaritime Commission Certificates of Fi-nancial Responsibility (Oil Pollution)pursuant to Part 542 of Title 46 CFR.Certificate Owner/operator

No. and vessels01088--. Schulte & Bruns:_ Johann Schulte.01106. N.V. Stoomvaart-Maatschappij

"Oostze": Farmum.01318__-- Aug. Bolten, Win. Miller's Nach-

folger: August Bolten.01330_--- Shell Tankers (U.M.) LiAmited:

Felipeas, Fusus, Labiosa, Lanistes.01340_--- Compagnie Auxillaire de Navga-

tion: Iseult, Isis.01613_... Reardon Smith Line Limited:

Lyminge.01758_. Chotin Transportation Inc.: OH-

1792X, CH 3292, Margaret 0.

CertificateNO.

NOTICES

Owner/operatorand vcscels

01935._-- gartncrshlp Between SteamshipCompany Svendborg Ltd. andSteamship Company of 1912Ltd.: Marchen Macra:.

02038.--- Polskle Linlo Occanlczne: GeneralStanislaw Poplawsi.

02039-- Gryf Deep Sea Fishing Company:Zulawy.

02043_- Suomen Thkkilalva oy PinkaTankfartygs AB: Wisa.

02158.__. Koraal Scheepvaart MaatsthappliN.V.: Coral Rubrum.

02190.--- Bugsier-Reederel-und Bergunga-Aktiengesellschaft: T"itan.

02199.--- Atlantic Richfield Company: ArcoHeritage.

02330.--- Oriental Shipping Corporation:World Finance, World Supreme.

02500... Collier Carbon and Chemical Cor-poration: Hedges.

02622.-- Ernst Russ on Behal of Parten-reederel M.V. Reinhart Lorenzniss: E. R.MontreaL

02719.--- Berwick Bay Transportation Co.,Inc.: BC-I.

02727-..- Societe Maritime de3 Petrole3 BP:Chambord, Ch'rken.

02734..-- Italia Soclota per AzIonl di Navt-gazione: Americana.

02911.... Sig. Bergesen D.Y. & Co.: BergeTasta.

02956.-- *Ashland Oil Inc.: AO-99.02976-.- Arthur-Smith Corporation: AS

2002.02982-.. The Shipping Corporation of In-

dia Ltd.: VishvaApurva.030.47..- E. L Dupont do Nemours & Co.:

EIDC-61o, EIDC-62, EID 0-63,.. EID-64, EIDC-65, EIDO-66.

03215_--- ederlaktiebolaget Salenla: SeaSerpent.

03279.. Delta Steamship Lines, Mne.:2 "arymar.

03301_--- Prudential Lines, Inc.: Santa Incs.03441.... Japan Line K.: Japan Violet.03705--- Grunhtads Rederl A/B: Gruno Ore.03774... Penn Tanker Co.: Ogden Cha -

lenger, Ogden Champion.03916.--- Mobile Oil PFrancaio: Atho3.04007.... Egon Oldendorlr: Birte Olden-

dorff.05014.--- American Marine Corporation:

Abocol.05091_-. Dansk sso A/S: Esso Hafna.05098.-- Esso Tankers, Inc.: Es.o Kawaaei.05367.... Elko Hisen Kabushild aIgha:

Wakash fo bfaru.05520--- Union Carbide Corporation: Ca-

479, CC-481, C0-482, C-132,CC-133.

05537--- Empresa Navegaclon .Mamblca:Vietnam herolco, XX Anfrer-sario.

05549--. Polska Zegluga Momka: Pow-staniea Wchopql&-, GeneralJaslnski, Profcsor'Bohdanowfr z,Sarkopol.

Polska Zegluga Worska: Tarno-brzcg.

05579-.- Black Sea Shipping Company:Kapitan Vastly Hulil:.

05581.--- Latvian Shipping Company:VaslUy FcseWov.

05704--. Murmansk Shipping Company:Ugleurals:, Ustilug, Urgenteh,Urshum, Uritsk, Usolye, Ur-fupinsL', Ustyuhna.

05770.... 0 A Venezolana do Navigacton:Orinoco.

05866.. Efmarlners Cia S.A: Mreante.06578... Van Nievelt, Goudrlan & Co.

NV: Asuncion, Villarrca.'06934.... Chevron Navigation Corp.: Ohev-

ron Pernis.,

2873

CertiflcateNo.

Owner/operatorand vessels

07532--. Fomentos Anndora S.A. of Pan-ama: Michals.

07778.. Sea Drilling Corp.: Spirit of Webb.08087. Farruz S.P.A.: Mar a3peranza F.08131..- Empresa Navegacion Caribe: Com-

andante Pinares.0822... Ral & Water Terminal (Quebec)

Inc.: Aigle D'Ocean, Atgle Marn,Guard Savolne, Jaz Desgagnes.

08599_-._ Klames Companua Navlera S.&Panama: Eptartissos.

08627.. Termlnalea Maracaibo CA.: Te-mar I.

08740.- N V Bocimar: Hasselt.08912-. Drummond &Bronneck Inc.: Stave

P Reados Inc. Garrison 8 Inter-national Corp.: ABT-14, BargeNo. 19.

08955. Lonbexg Shipping A/S: TobiasLonborg, Nina Lonberg, AmigoExpre=s.

08999..- Sese Bros. OceanL Towing Co,Inc.: Alsea, Skivanon, Yaquina,Etilia, Nehale, Rogue, Stletz,Miami, Trask, Nestucca.

09002. Commercial Transport Corpora-tion: Chain 307, Chein 501, Chemn406, Chen 407, Cham 408. 14

09003. VTG Verolnigto Tanklager ndTransportmlttel GIMH: Mag-nitor.

0905.. A/S Gelr: Enfgheden, Shfkoz uGeir.

09140... Western Marine Construction,Inc.: ZB 9.

09165..L Evans Cooperage Company, Inc.:McDermott #$.

09205. Truss. Shipping Company S.A.:Santa Etena.

09256. Cordoba Shipping Company Ltd.:Albanler.

09263. Trumbull Asphalt Company: JPW109,JPWVI19.

09319.. Odajlma Kahlun, Ltd.: Seir JMraru.

0931. Dis3en & Juhn Corporation: De-stjcr, Wawasee.

0 9 4 3 7 .. J & J Osborne: Lady Sorcha.09472-. Rederlet for T/T "Sea Salnt": Sea

Saint.09473.-- Stemill. Inc.: LRL-200.09516 . Ta Chi Navigation (Panama)

Corp. SA.: Eurytfon, Eurybates,Eurymachus.

09548-..- Gmbo Line SA.: Rio Bayano.0908._ . Producto3 Dal PacIlco. S.A. Er

Sargacero.09569. Ebony Company Ltd. of Liberia:

Arma, Aspfdoforo3.09577... Intermarltime Transportation

Limited SA.: Daphne. -09578.... Tran.coast Navigation . Limited

SA.:Athena.0960T.- Anthony Shipping Company SA:

Anthony.'09613... lo:s Companta Haviena SA. Pan-

ama: Stolt Caricorm.03621.... Gatx Bulk-Carniers Belgium N.V.:

Ruth.09627.... Hariz Tankera Corporatfon: pine.09628.. Silver City Shipping Co. SA. of

-Panama: Ari3toklts.09=3.__ Ma "Devon"-Von Colin Schiff-

ahrta Krg: Devon.09645-.. Casplan Sea Shipping Co, Ltd.:

Caspan Sea.09646.. Panama International Shipping

Co.: Robert Clifton.09647.. Hlghness Shipping Corp. SA.:

Eucaly Z1.09048.. Derweant Shipping Inc.: Sun

Begonia.09649. Ogden Mlszouri Transport Inc.:

Ogden MissourL


2874

Certificate Owner/operatorNo. and vessels

09650.- Ogden Platte Transport, Inc.:Platte.

09652.-- Maple Maritime Corporation, In-corporated: Unique Enterprises.

098653.. The Oceanic Freighters Corp.:Sauda.

0965__--- International Tankerttd.: OceanGentian.

00658..- Liberian Bulk Transport Inc.:Ocean Wistaria.

09657.-- Leslie Tankers Inc.: Orion Con-stellation.

09658... Marmando Compaula NavieraL.A.: Ivory Moon.

00659.... Burnside Marine Services Com-pany, a Joint venture bf LeonardJ. Buck &- Co., Inc., Harlan 0.Hall: No. 15.

090660.... Golden Chase Steamship Inc.-Golden Chase.

09662... Maritima Del Caribe S.A.:Mocte-uma.

09666.. Persian Oil Tanker Corporation:I Manhattan Prince.

09667-.. Inersea Carriers S.L: Caroline P.09669- 1/8 983: Belfri.09670... Idle Ken: Taisci-Maru.09671.. I/S 422: Stove Caledonia.09672... Greenville Navigation Company,

Inc.: Calli.09674... Alnavi-Socleta D1 Navlgazione

Marittima S.P.A.: SardiniaIglesias.

09675-- Premuda Socleta Di avigazionePer Aziont: Premuda Rosa.

0676... Liberty Bay Shipping Co., Ltd.:AI-Mohsin.

09677..-. Bridgestone Multina ShippingCo.: Bridgestone ultina.

09078.. Hullgates Shipping Co., Ltd.:Bengate.

09083.... Gave Shippind Company, S.L:Stolt Margareta.

09084.... Marenomos Armadora S.L:Zephyros.

09686_.._ oyu Gyogyo Selsan. Kumlal:Hoyu Maru No.18.

09689.. Soochow Shipping Inc.: Soochow.09692.-- Multitank Westfalia Wankreederei

Ahrenudel GMBH & Co. HG.Hamburgh: Multitank West-jalfa.

09693.... Luna Steamship S.A.: Luna.09694 -.. Jn tund Fisheries Co., Ltd.: Jin

Yung No. 505, Jin Yung No. 506.09695.-- Overseas Oil Transports Corpora-

tion: Aegean Dolphin.09697.. Reinato Armadora B.A. Panama:

Aristonimos.09699-. Forell, Inc.: Scotiacliffe.09701... -Nlpayls Maritime Company Lim-

ited: Irenes Spirit.09702... , Korean Overseas Fishing Co. Ltd.:

Hum Bong No. 201, Hum BongNo. 202.

09704.. Northern Tanker Corporation:Northern Victory.

09706.... Molena. Trust Incorporated:Andwi, Nanri.

09707.... ,Japco Navegaclon S.A.: Gardenia.09710... Continental Mariner Investment

Company Limited: Sun Chong.Continental Mariner Investment

Company Limited: Hing Chong,Hop Chong, Justina. -

09711..- Albatross Maritime Co., Ltd. (Pan-ama) S.A,: Pacific Ocean.

09712..-- Carina Shipping Limited: GoldenSunray.

09713... Iwakirl Suisan K.: TashimdMaru No. 3, Yashima Maru No. 5.

09714... lMid-Coast Barge Lines, Inc.: MC100, MC 200.

09715.-- Island Towing Co.: RV-52, R-V-53.09717.... The Academy of Sciences of the

USSR: Akademik Kurchatov,DmitrJ Mendeleev.

NOTICES

CertificateNo.

09718-.

09721-.-

09723-.

09724---

08725....09726---09727-..

09728.-

09729---

09730.09733-.

09737--

09738-..

09739---

09740-.

Owner/operatorand vessels

Hosel Kaiun Shoki. RabushikiRaisba: Sanyo Maru.

Carnival Cruise Lines, Inc.: MardiGras.

Golden Hill Co., Ltd., S.A. Panama:Golden Jade.

Kagaya Matsuel: Yachiyo MaruNo. 15.

Okoc Kaiun X.K.: Sumiho Mari.Fujioka Ralun K.M.: Daioh Marti.Fukuho Kalum Sangyo KZK.:

Shuwa Maru.MIartriunfo Armadora S.A. Pana-

ma; Perla.Oil Navigation Corporatlon. An-

dros Chryssi.Cimba S.A-: La Maire.Gastanker-Reederel MT "Fritz Ha-

ber" Gasocean Schiffartsgesell-schaft bABH & Co. Kg.: FritzHaber.

Trikera Compania Navlera S.A.:Aegis Progress.

Skepastl Compania Navlera S.A.:- Aegis Majestic.

Arditos Compania Navlera SA.:Aegis Magic.

Kommandittselskapet Xrlstlna Jo-achim Grieg & Co. Holdings A/S:Zristina.

By the Commission.FANC& C. XIUP.-, ,

Secretary.[PB Doc.75-1536 F-led71-15-75;8:45 am]

CERTIFICATES OF FINANCIAL

-RESPONSIBILITY (OIL POLLUTION)Certificates Revoked

Notice of voluntary revocation Is here-by given with respect to Certificates ofFinancial Responsibility (Oil Pollution)which had been issued by the FederalMaritime Commission, covering the be-low indicated vessels, pursuant to Part542 of Title 46 CPR and section 311(p)(1) of the Federal Water Pollution Con-trol Act, as amended.

Certificate owneroperator,No. and vessels

01015.. A/S nederlet OdfjeU: Olga.01022. Smedvigs Tankrederl A/S: Venita.01039--- Den Norske Amerikalinje A/S:

Drammensfjord, Tanaforcl.01113... A/S J. Ludwig Mowinckels Itederl:

Horda.01139-- avidad Barge Co.: Navidad.01185--- A!ksjeselskapetKosmos: Japana.01232-.. Rolf 'Wigands Rederl A/S: Audwi,

Nanfri.0127.-- Tonnevolds Tankrederl A/S:

Thorhikl.01460-. Evan Thomas Radcliffe and Com-

pany Ltd.: Llanishen.01465-. .Bcottlsh Ship Management Lim-

ited: Baron Cawdor.01578.-- Harald Jacobsen Shipping A/S:

Janca,01641.-- Tlhe Bank Line Limited: Yewbanic.01758... 'Chotin Transportation Inc.: MIG

-20, MIG 21, M/G 22, M/G.23, M/G 24, M/G 25.

01841..- Chas. Kurz & Co., Inc.: NorthField.

02264.... Dr. Erich Retzlaff: Erich Reftlaff.02428.... The Kinsman Marine Transit

Company: Kinsman Voyager.02443--__ Panaiha Transoceanic Co, S.A.:

Barbara.Jane Conway.02548... Companla Maritima San Basillo

S.: Eurylochus, Eurypylus.

CertificateNo.

Owncr/operatofand vessels

02713... T. L. James & Co., Inc.,: TomJames, Lewis James, BT-51,Clark, Geo D. WViltamo, BT-103,Bobby James, Gnat, TLC 10, TLC23, TLC 33, Atlas Z.

02725. .West Lino, InC.: West Star.02793.. Gothic Shipping Co., SA.: Speed-

way.02863... Navlora Asnar SJ.: Monte Urcini- -

ola.02891... Harbor Towing Corporatlon: MP

No. 23, Win. J. Bryan, Dlmarva145.

02075. Venture Shipping (Managers)Limited: Sacramento Vcnture.

03195.. Compania Navlera MagdelonaSA.: Magdalena.

03214 .. Salenrederlorna Altlebolag: SeaSerpent.

03233.._ Pangalante Compabla NavioraS.A.: North Viscountess.

03245. nederla tilesolsl:abot DanneborgWcco Supplier I.

03329... Hudson Watorways Corporation:Seatrain Puerto Rico.

03413... Baba-Daiko Shozon K X,: HawaiiM Maru,

03438.. Inul Eisen Kabushihi ItasbalAwobasan Maru.

03441-- Japan Line X..: Japan Oak,03447. ME. Kyokuyo: Chiyoda Mar,03458-- 'Matsuoka Kisen Kabushilal Kl-

sha: Akibasan Maru.03468..... lhonkal Klsen Kabuebilld Ha-

sha: Hamburg Maru.03492. Sawayama Eisen K., Sloto

Maru.03501.... Osakq Shoven Mitsui ScnpakU

ICE.: Hudson Martu03505.. Showa Yusen gabushilk Ualsba:

Mikumo Maru, Sanuld Maru.03513-.. Tanda Sangyo Kkon Kabushiki

Naisha: Tomlura Mar-i.03506... Skibsatiesolsl:apot Alno, Sldb-

saksjcsoelskapot Vlator, Slb-saksjoselskapot Viva: Viotor,

03778.. Anthony Special Shipping Co.Ltd.: Anthony.

03841... American Esport Lines, Inc.: x-brook.

03869-.. Silver Coast Shipping CompanyLtd. of Cyprua: Sliver Coast.

03923... Shinva KfAun Hal ba, Ltd.: Tet-sukuvli Maru.

03908.... Zlm-Israel Navlgatlon: ShiqmC.

03991.. Partenreederel BI., "StainoRolth": Susanne Rcithl.

04004.... oninklljko Java-Chlna-Pal:ot-vaart Lljnen INXV.: Mc= Z101-land.

04007___- Egon Oldendorff: Johanna olacn-dorff.

04018_-.. A/S Olymp: Annilcn.04019... Nord-Transport Strandholm &

Stensaker: Kings River, Laik-vin.

04040.- Halfdan Dltlev Simon-en & CO.:Venabu.

04127... Samband l. Samvlnnufela.a:Jokul/ell.

04289... Dixie Carriers, Inc.: Butcher 2,Butcher 1, Dxc 900-2, Colle 150.

04318. Overseas- Minerals Ltd,: Athena,Daphne.

04455-. Balboa Navigation Lines, S.A.:Sta. Maria.

04564.... Yamashita-Shlnnlhon eson Kai-sha: Yamaaki Maru,

04801... Three n Towing Co., Inc.: BBL-102.

04843.... Reederel Ferdinand Muller: Arl,-to.

FEDERAL REGISTER, VOL 40, NO. 1 1-'TURSDAY; JANUARY 16, 1975

c

04

O505

05

0505

05

05

06

06

06

06

06

06

06

0606

-0

_0B008

08

• 08

08us08

08

03

0808

08

09

09

,rta Owner/operatorNo. andf vessels

934._ Jahncke Service, Inc.: Cameron,Congaree. Fritz Ja1hncke, Iberda,Jaohcke 209, Jefferon, Lafay-ette, Lafourche, Livingston,Manchac, Maurepas, Orleans,Paul F. Jafncke, Plaquemine,Pontchartrain. St. Bernard, St.Charles. St. WIelena, St. James,St. John, St. Landry, St. Martin,St. MarM, St. Tammany, Tche-functa, Vermfillon.

020. Bamar Marine Co. Ltd.: Belvoif..067-- Pericles E.A.N.E. Piraeus: Pericles

Halcoussis.122--. Sanyu Kisen EX.: Mfayaharm

Maru..329- Gem-Shipping Co, SA.: SandovaL426-.. Owens-Illinois, Inc.: Pulpwood No.

2, Lin Den.444L- Europa Socleta Generale D'Arma-

nento SP.A.: Anita M.621. Valera Compania Naviera S.A.:

Aretf S.210.. Cia Hermanos de Navegaclon S.A.:'

, Meli.399..-. Tokumaru Nalun K: Daitoku

Maru No. 31.:578.-.. Van Nievelt, Goudrisan & Co. NV.:

Villarrica, Asuncion.667... Renate Jacob Seetransport Jacob

& Co.: Renate Jacob.687-_ Globus Shipping & Trading Co.

(PTE) LTD.: kVavafo, AiderJo.768-- Sea Contracting Corporation:

Volta Wisdom.775-- Vlhitco (Marine Services) Ltd.:

Gladiola.82"..._ Carnival Cruise Lines, Ltd.: Mardi

Gras.:850_--. Ratrlen N.V.: Kathy.877.--- Societe Francalsa de Transports

Maritimes Paris: Armagnac.290_-- Hollywood Terminals, Inc.: T 700.

-455.- Hagby .Corporation: HamptonBridge.

069--- Bellatrlx Navigation Corporation:Akron.

179..- Sanshin Corporation: Sansh nTrader.

268.... Taos Maritime Company Limited:Taos.

302--- D/S A/S Ibis: Anne Reed.-22___ Navisud S.P.A.: Egnazla.

471_.. Villere Marine Corporation: PPCO 303.

49L-__ Pisces Navigation Corporation,Monrovia: Tefton.

499.... Central Soya Company, Inc.: CC209.

518.... T. L Shipping Enterprises Ltd. ofTurks Island: Mereghan Iv.

,755_--- Agence Maritime Inc.: FortGeorge.

833.. General Metals of Tacoma, Inc.:Yukon Star.

386... Pearl - Shipping Corporation:-Caribbean Pearl

445.. Marevi, Corporation: Regent.467_- Reederel Hans Bellken OHG:

Germanic.

By the Commission.Famcis C. 1Rum Y,

Secretary.I[M Doc. 15-1537 Filed 1- L5-7 5;8:45 ml

NOTICES

CONFERENCES IN THE TRADES TO, FROMAND BETWEEN UNITED STATES AT-LANTIC AND GULF PORTS IN CENTRALAND SOUTH AMERICA AND THECARIBBEAN

Agreement FiledNotice Is hereby given that the fol-

lowing agreement hs been filed withthe Commission for approval pursuant tosection 15 of the Shipping Act, 1916, asamended (39 Stat. 733, 75 Stat. 763. 46U.S.C. 814.

Interested parties may Inspect and ob-tain'a copy of the agreement at theWashington office of the Federal Mari-time Commission, 1100 L Street, NW.,Room 10126; or may inspect the agree-ment at the Field Offces located at NewYork, N.Y., New Orleans, Louisiana, SanF~ancsco, California, and Old San Juan.Puerto Rico. Comments on such agree-ments, including requests for hearing,may be submitted to the Secretary, Fed-eral Maritime Commission, Washington,D.C. 20573, on or before February 5, 1975.Any person desiring a hearing on the pro-posed agreement shall provide a clearand concise'statement of the mattersupon which they desire to adduce evi-dence. An allegation of discrimination orunfairness shall be accompanied by astatement describing the discriminationon unfairness with particularity. If a vio-lation of the Act or detriment to thecommerce of the United States is alleged,the statement shell set forth with par-ticularity the acts and circumstancessaid to constitute such violation or det-riment to commerce.

A copy of any such statement shouldalso be forwarded to the party filing the

.agreement (as indicated hereinafter)and the statement should Indicate thatthis has been done.

Notice of Agreements Filed by:John R. Mahoney, Esquire,Casey. Lane & Mittendort26 BroadwayNew York, New York 10004

A petition filed in behalf of the confer-ences listed below has been assigned thefollowing respective agreement numbers:Atlantic & Gulf/West Coast of South

America Conference, 2744-30.East Coast Colombia Conference, 7590-22.United States Atlantl & Gulf-Venezuela

and Netherlands Antille Conference,6190-29.

United States Atlantic & Gulf-Venezuela andNetherlands Antilles Conference-Oil Com-panies Contract Agreoment (ProprietaryCargo), 6870-17.

West Coast South America NorthboundConference, 7890-1LThe petition is to extend their inter-

modal arrangement provisions, asamended, for a period of 24 months be-yond the present termination date ofFebruary 27, 1975.

2875

By order of the Federal MaritimeCommission.

Dated: January 13, 1975.Fnxcrs C. Hurar,

Secretary.[FR Doc.75-1534 iled 1-15-75;8:45 am]

GLOBAL TERMINAL AND CONTAINERSERVICES AND PART CONTAINERLINECO., LTD.

Agreement Filed

Notice is hereby given that the fol-lowing agreement has been filed with theCommission for approval pursuant tosection 15 of the Shipping Act, 1916, asamended (39 Stat. 733, 75 Stat 763, 46U.S.C. 814).

Interested parties may inspect and ob-tain a copy of the agreement at theWashington office of the Federal Mari-time Commission. 1100 L Street, NW.,Room 10126; or may inspect the agree-ment at the Field Offices located at NewYorl. N.Y, New Orleans, Louisiana, SanFrancisco, California, and Old San Juan,Puerto Rico. Comments on such agree-ments, including requests for hearing,may be submitted to the Secretary, Fed-eral Maritime Commlon, Washington,D.C. 20573, on or before February 5, 1975.Any person desiring a hearing on the pro-posed agreement shall provide a clear andconcise statement of the matters uponwhich they desire to adduce evidence. Anallegation of discrimination or unfairnessshall be accompanied by a statement de-scribing the discrimination or unfairnesswith particularity. If a violation of theAct or detriment to the commerce of theUnited States is alleged, the statementshall set forth with particularity the actsand circumstances said to constitute suchviolation or detriment to commerce.

A copy of any such statement shouldalso be forwarded to the party filing theagreement (as indicated hereinafter)and the statement should indicate thatthis has been done.

Notice of Agreement Filed by:Mr. Conrad H. C. EverhardPresidentDart Containerlino IncorporatedFive World Trade CanterNow York, New York 10048

Agreement No. T-2623-1, betweenGlobal Terminal and Container Services,Inc. (Global) and Dart ContainerlineCo., Ltd. (Dart), modifies the basicagreement which is a 20-year containerterminal services agreement, wherebyGlobal will furnish Dart container ter-minal and stevedoring services at itsfacility at New York Harbor. The pur-pose of the modification is to provide forthe assessment of demurrage charges inaccordance with the provisions of thecarrier's conference or independent

FEDEAL REGISTER, VOL 40, NO. I 1-THUSDAY, JANUARY 16, 1975

NOTICES

tariffs on file with the Federal MaritimeCommission.

By Order of the Federal MaritimeCommission.

Dated: January 13,1975.FuRcIs C. HmuR,

Secretary.[FR Doc.75-1535 Filed 1-15-75;8:45 am]

TULSA PORT OF CATOOSA AND TALOMASTEVEDORiNG, INC.

Agreement FiledNotice is hereby given that the follow-

ing agreement has been filed with theCommission for approval pursuant tosection 15 of the Shipping Act, 1916, asamended (39 Stat. 733, 75 Stat. 763, 46U.S.C. 814).

Interested parties-may inspect and ob-tain a copy of the agreement at theWashington office of the Federal Mari-time Commission, 1100 L Street, NW.,Room 10126; or may inspect the agree-ment at the Field Offices located at NewYork, N.Y., New Orleans, Louisiana,San Francisco, California, and Old SanJuan, Puerto Rico. Comments on suchagreements, including requests for hear-ing, may be submitted to the Secretary,Federal Maritime Commission, Wash-ington, D.C. 20573, on or before Febru-ary 5, 1975. Any person desiring a hear-Ing on the proposed agreement shall pro-vide a clear and concise statement ofthe matters upon which they desire toadduce evidence. An allegation of dis-crimination or unfairness shall be ac-companied by a statement describing thediscrimination or unfairness -with partic-ularity. If a violation of the Act or det-riment to the commerce of the UnitedStates is alleged, the statement shallset forth with particularity the acts andcircumstances said to constitute suchviolation or detriment to commerce.

A copy of any such statement shouldalso be forwarded to the party filing theagreement (as indicated hereinafter)and the statement should indicate thatthis has been done.

Notice of Agreement Filed by:Imogene Harris, Esq.City of Tulsa Oklahoma200 Civic CenterTulsa, Oklahoma 74103

Agreement No. T-3042, between TulsaPort of Catoosa (Port) and TulomaStevedoring, Inc. (Tuloma) grantsTuloma the nonexclusive right for aperiod of 3 years to provide loading, un-loading, storage, transfer, and trans-portation' services for cargo at Port's-terminal facilities. Tuloma shall providethe above services in accordance withthe Port's currently published tariff. Inreturn, Port shall receive wharfage as-sessments snd tollage fees. The wharfageportion of this compensation is subjectto a minimum annual guarantee as fur-ther provided for in the basic agreement.Tuloma shall also be responsible for thecost of utilities incurred as a result of itsoperations on the said premises.

By order of the Federal 29aritmeCommission.

Dated: January 13, 1975.FANI'S C. HUnR=,

Secretary.[FM Doc.75-1533 Piled 1-15-75;8:45 am]

FEDERAL POWER COMMISSIONrDocket No. CT75-3881

CALIFORNIA CO.Application

-JANuARY 10, 1975.

Take notice that on December 17,1974,The California Company, a Division ofChevron Oil Company (Applicant), 1111Tulane Avenue, Iew Orleans, Louisiana70112, fied in Docket No. CI75-388 anapplication pursuant to section 7(c) ofthe Natural Gas Act for a certificate ofpublic convenience and necessity author-izing the sale for resale and delivery ofnatural gas in interstate commerce toSouthern Natural Gas Company (South-em) from the Breton Sound Block 45Field, Plaquemines Parish, Louisiana, allas more fully set forth in the applicationwhich is on file with the Commission andopen to public inspection.

Applicant states that it commenced the.sale of natural gas on December 3, 1974,froin the subject acreage to Southernwithin the contemplation of § 157.29 ofthe Commission's regulations under theNatural Gas Act (18 CFR 157.29) andproposes to continue said sale for twoyears from the end of the 60-day emer-gency period within the contemplationof § 2.70 of the Commission's general pol-icy and interpretations (18 CFR 2.70).Applicant proposes to sell 50 percent ofthe gas produced from State Lease 5905Well No. 1 on the subject acreage, or ap-proximately 1,500 Mef per day, at 60.9969cents per Mof at 15.025 psia, which in-cludes a base rate of 52.0214 cents perMcf, tax reimbursement of 7 cents perMcf, a Btu adjustment of 1.4755 cents

-per Mcf for gas containing 1,025 Btu percubic foot, and a gathering allowance of0.5 cent per Mcf.

Applicant states that the aforesaidrate conforms to the national rate pre-scribed in Commission Opinion 699-Hissued December 4, 1974. Applicant's con-tract, dated December 12,, 1974, withSouthern for the sale of said gas providesfor a-rate of 55.0 cents per Aef at 15.025psia, subject to upward and downwardBtu adjustment from a base of 1,000 Btuper cubic foot, and subject to escalationto any higher rate, including nationalrate, prescribed by the Commission.

Any person desiring to be heard or tomake any protest with reference to saidapplication should on or before Janu-ary 27, 1975, file with the Federal PowerCommission, Washington, D.C. 20426, apetition to intervene or a protest In ac-cordance with the requirements of theCommission's rules of practice and pro-cedure (18 CER 1.8 or 1.10). All protestsfiled with the Commission will be con-sidered by it in determining the appro-priate action to be taken but will not

serve to make the protestants parties tothe proceeding. Any person wisling tobecome a party to a proceeding or to par-ticipate as a party in any hearing therein-must file a petition to intervene in ac-cordance with the Commission's rules,

Take further notice that, pursuant tothe authority contained in and subject tothe Jurisdiction conferred upon the Fed-eral Power Commission by sections 7.and 15 of the Natural Gas Act and theCommission's rules of practice and pro-cedure, a hearing will be held withoutfurther notice before the Commission onthis application if no petition to inter-vene is filed within the time requiredherein, if the Commission on its ownreview of the matter finds that a grantof the certificate is required by the pub-lic convenience and necessity. If a peti-tion for leave to intervene is timely filed,"or if the Commission on its own motion,believes that a formal hearing is re-quired, further notice of such hearingwill be duly given.

Under the procedure herein provided.for, unless otherwise advised, it will beunnecessary for Applicant to appear orbe represented at the hearing.

KuNEiTrH F. PLn-an,Sccretary.

[1'1 Dcc.15--1460 Filed i-16-75;8:45 am

[Docket No. lP74--77]

COLORADO INTERSTATE GAS CO.Further Extension of Procedural Dates

JAluAny 8, 1975.On December 20, 1974, Colorado In-

terstate Gas Company filed a motion toextend the procedural dates fixed byorder issued May 1, 1974, as most recent-ly modified by notice issued August 28,1974, in the above-designated matter.The motion states that the parties havebeen notified and have no objection.

Notice is hereby given that the pro-cedural dates in the above matter aremodified as follows:Service of Intervenor's Testimony, rcb-

ary 18, 1975.Service of Company Robuttal, March 4, 1075.Hearing, March 11, 1975 (10 am. .d.t.).

By direction of the Commission.

Secretary.[FR Doc.75-1402 Filed 1-1578j0:45 am)

(Docket No. CP754-91

COLORADO INTERSTATE GAS CO.Order Directing the Piling of Evidence,

Setting Date for Prehearing Conferenceand Hearing Date

JA_=AnY 10, 1075.Colorado Interstate Gas Company, a

division of Colorado Interstate Corpora-tion (CIG) requests authorization toreallocate peak day and annual volumesamong certain of its existing customersbeginning January 1, 1975. By the orig-inal application, filed September 9, 1974,CIG proposed to revise only its peak day


2S76

NOTICES

sales, shifting 22,000 Mcf per day fromboiler fuel use in FPC Order No. 467 End'Use Priority 5, to Priority 1, with a smallamount, about 141 Mcf per day, to Pri-ority 4. This gas is allegedly availablebecause two of CIG's firm direct salecustomers, Public Service Company ofColorado and Great Western SugarCompany have agreed td reduce theirfirm daily entitlements. The reasons forthis magnanimity are not entirely clear,and the circunstaices should be fullyexplained in the record we herein orderto be developed. It appears that GreatWestern Sugar Company may haveagreed to the reduction since its peakday requirement in previous periods hasbeen less than its entitlements. If this isthe case, savings realized from a volun-tary agreement to reduce entitlementsmay be illusory and may not support theadditional high priority service whichCIG proposes to render in its place. Noreason was given for Public Service Com-pany of Colorado's agreement to reduceentitlements, liut it is noted that the20,000 Mcf per day proposed reductionwill be partially offset by an increase of11,969 Mcf per day in CIG's jurisdic-tional sales to Public Service Companyof Colorado. As a direct sale, the 20,000Mcf presumably differs greatly from the11,969 Mcf in terms of the curtailmentpriorities in CIG's tariff. In any event,these reductions should be treated asabandonments under section 7(b) ofthe, Natural Gas Act, and subjected tothe showings required by the Commis-sion regulations concerning abandon-ment.

Subsequent to filing the original ap-plication, CIG filed an amendment-re-questing authorization to reallocate an-nual volumes to its existing customers byshifting 4,342,000 MAcf annually fromnonjurisdicti6nal sales in FPC End UsePriorities 5 through 9 to jurisdictionalsales in Priorities 1 through 3. In addi-tion, some shifts among jurisdictionalcustomers to higher priority uses are pro-

- posed. Although CIG alleges that theserevisions will result in no net change inannual delivery obligations, it is notshown, that CIG has developed or willdevelop sufficient storage and other sys-tem flexibility to meet peak demandneeds of additional high priority serv-ice. In addition, CIG should be requiredto show the revenue lhhpact of its pro-posal, as well as' the consistency of itsproposal with its curtailment situation.Finally, in Colorado Interstate Gas Com-pany, Docket No. CP74-144 in an orderissued on July 12, 1974, - FPC -, theCommission set down for hearing atransportation and exchange agreementcommenced by CIG anid Mountain FuelSupply Company under § 157.22 of theCommission's regulations. Section 157.22(a) of the regulations provides fortemporary actions to be taken by juris-dictional pipelines without prior certifi-cate approval where interruption or

- serious curtailment of service exists oris threatened. For the record, CIG shouldreconcile the claim of emergency inDocket No. CP74-144 with the additionalhigh priority service sought to be ren-

dered In this docket. Looklng to thefuture when lower priority sales might beeliminated completely, this proposalmight be viewed as an expansion of highpriority markets. Without additional gassupply, existing high priority marketscould be jeopardized.

Although no comments or interven-tions have been filed, the public Interestrequires a formal record in support ofCIG's proposal as hereinafter ordered.

Tihe Commission finds. It Is necessaryand appropriate that the application ofColorado Interstate Gas Company InDocket No. CP75-79 be set for hearingand decision.

The Commission orders. (A) ColoradoInterstate Gas Company shall file testi-mony and exhibits in support of Its ap-plication on or before February 13, 1975.

(B) A Presiding Administrative LawJudge designated by the Chief Admin-istrative Law Judge for that purpose [seeDelegation of Authority, 18 CFR 3.5(d)l shall preside in these proceedingsand shall prescribe all procedures notherein provided for, subject to the Com-mission's rules of practice and procedure.

(C) A pre-hearing conference is to beconvened on February 20, 1975, in ahearing room of the Federal Power Com-mission, 825 North Capitol Street, NE.,Washington, D.C. 20426, to discuss pro-cedural matters as may be appropriatefor the expedition of this proceeding.

(D) Pursuant to the authority con-tained in and subject to the Jurisdictionconferred upon the Federal Power Com-mission by sections 4, 5, 7, and 15 of theNatural Gas Act and the CommlssIon'srules of practice and procedure, a hear-ing will be held in a hearing room of theFederal Power Commission, 825 NorthCapitol Street, NE., Washington, D.C.20426, at 10 ami. on March 13. 1975, con-cerning the matters involved In and theissues presented by this application.

By the CommisIon.[sEAL] mnraM F. PL=13,

Secretary.(ER Doc.75-1461 Filed 1-15-75;8:45 am)

[Docket No. RP72-157 PGA75-4]

CONSOLIDATED GAS SUPPLY CORP.Changes In FPC Gas Tariff

JmnumY 9, 1975_Take notice that Consolidated Gas

Supply Corporation (Consolidated), onDecember 26, 1974, tendered for filingproposed changes In Its FPC Gas Tariff,First Revised Volume No. 1, pursuant toits PGA clause for rates to be effectiveFebruary 1, 1975. The proposed rate In-crease would generate $10.8 millionannually in additional Jurisdictionalrevenues.

Consolidated states that the PGA filingwas triggered by rate increases filed byTexas Eastern Transmission Corpora-tion, Texas Gas Transmission Corpora-tion and Transcontinental Gas Pipe LineCorporation, all to be effective Febru-ary 1, 1975.

Consolidated is requesting a waiver ofthe 45-day notice requirement contained

2877

in Its PGA clause since it did not receivethe supplier's revised rates in sufficienttime to make a timely filing and furtherasks for a waiver of any other of theCommfIon's rules and regulations inorder to permit the proposed rates to gointo effect on February 1, 1975.

Copies of this filing we're served uponConsolidated's jurisdictional customers,as well as interested state commissions.

Any persons desiring to be heard orto protest said filing should file a peti-tion to intervene or protest with the Fed-eral Power Commission, 825 North Cap-Itol Street, NE., Washington, D.C. 20426,in accordance with §§ 1.8 and 1.10 of theCommission's rules of practice and pro-cedure (18 CPR 1.8, 1.10). All such peti-tions or protests should be filed on or be-fore January 23, 1975. Protests will beconsidered by the Commission in de-termining the appropriate action to betaken, but will not serve to make pro-testants parties to the proceeding. Anyperson desiring to become a party mustfile a petition to intervene. Copies of thisfiling are on file with the Commissohand are available for public inspection.

KZUNLrE F. PLDMM,Secretary

IFB Doc.75-1463 Fled 1-15-75;8:45 aml

lDocket; No. P'75-1]

FLORIDA GAS TRANSMISSION CO.Further Extension of Procedural Dates

JAxARYr 8,1975.On December 20, 1974,. Staff Counsel

filed a motion to extend the proceduraldates fixed by order Issued July 31, 1974,as most recently modified by noticeissuedNovember 4. 1974, In the above-desig-nated matter. The motion states thatthe parties have been notified and: haveno objection.

Notice Is hereby given that the proce-dural dates In the above matter aremodified as follows:Service or Stalrs Testimony, March 10, 1975.Service of Intervenor's Testimony, March 31,

2975.Service of Company Rebuttal, April 28, 1975.Hearing. Way 13, 1975 (10 a. e.d.t.).

By direction of the Commisson.

KESNNT F. PL137IB,Secretary.

[Fr Dec.76-465 Filed 1-15-758:45 aml

[Docket No. CPi5-20, Docket No. C175-I1

FLORIDA GAS TRANSMISSION CO. ANDPETROLEUM MANAGEMENT, INC.

Postponement of Hearing

JuAnY 9,1975.On January 6, 1975, Staff Counsel fied

a motion to extend the hearing date fixedby order Issued December 23. 1974 In theabove-designated matter. The motionstates that the parties have been notifiedand have no objection.

Upon consideration, notice Is herebygiven that the hearing date In the above

FEDERAL REGISTER, VOL "40, NO. 11I-THURSDAY, JANUARY 16, 1975

NOTICES

matter Is postponed until February 11,1975 at 10 a.m. (es.t.).

KENNETH F. PLUMB,Secretary.

[FR Doc.75-1464 Filed 1-15-75;8:45 am]

[Docket No. RP73-231LAWRENCEBURG GAS TRATISMISSION

CORP.Filing of Substitute Gas Tariff Sheets

JANuARY 9, 1975.Take notice that on January 2, 1975,

Lawrenceburg Gas Transmission Corpo-ration (Lawrenceburg) tbndered for fil-ing two substitute gas tariff sheets to itsFPC Gas Tariff, Original Volume No. 1,designated as Substitute Eighth RevisedSheet No. 3-A (superseding Seventh Re-vised Sheet No. 3-A) and SubstituteEighth Revised Sheet No. 18-B (super-seding Seventh Revised Sheet No. 18-B).

Lawrenceburg states that the proposedchanges contained therein would in-crease revenues from jurisdictional salesby $289,156 as compared to revenues atthe current rates in effect since August 1,1974, based on the 12 months ending No-vember 30, 1974.

Lawrenceburg states that, pursuant tothe purchased gas adjustment (PGA)provision in its FPC Gas Tariff, OriginalVolume No. 1, it filed by letter dated De-cember 19, 1974, Eighth Revised SheetsNos. 3-A and 18-B in order to track aproposed increase in its cost of gas pur-chased from Texas Gas TransmissionCorporation (Texas Gas), filed Decem-ber 16, 1974 and proposed to become ef-fective February 1, 1975. According toLawrenceburg, by letter dated December19, 1974, Texas Gas revised its Decem-ber 16, 1974 filing in order to reflect addi-tional increases by its suppliers, therebyprompting Lawrenceburg to file substi-tute tariff sheets as noticed herein.

Lawrenceburg requests waiver of theCommission's regulations to permit itssubstitute tariff sheets to become effec-tive February 1, 1975; and Lawrenceburgstates that copies of its filing have beenmailed to its two wholesalp customers,Lawrenceburg Gas Company and TheCincinnati Gas & Electric Company, andalso to the two interested state commis-sions, Public Service Commission of In-diana and The Public Utilities Commis-sion of Ohio.

Any person desiring to be heard or toprotest said filing should file a petitionto intervene or protest with the FederalPower Commission, 825 North CapitolStreet, NE., Washington, D.C. 20426, inaccordance with §§ 1.8 and 1.10 of theCommission's rules of practice and pro-cedure (18 CFR 1.8, 1.10). All such peti-tions or protests should be filed on or be-fore January 24, 1975. Protests will beconsidered by the Commission in deter-mining the appropriate action to betaken, but will not serve to make pro-testants parties to the proceeding. Anyperson wishing to become a party mustfile a petition to intervene. Copies of this

filing are on file with the Commissionand are available for public inspection.

KENNETrH F. PLUMB,Secret a .

[FR Doc.75-1466 Filed 1-15-75;8:45 am]

[Docket No. RP74--10; PGA 75-3]

NATIONAL FUEL GAS SUPPLY CORP.

Order Granting Waiver, Accepting for FilingProposed PGA Rate Increase Subject toCondition, and Reserving Issue for Hear-ing

JANUARY 10, 1975.On November 27, 1974, National Fuel

Gas Supply Corporation (National)tendered for filing pursuant to its pur-chased gas adjustment (PGA) clauseFirst Interim Revised Sheet No. 4 to itsFPC Gas Tariff Original Volume No. 1.This sheet reflects a PGA increase de-signed to track increases in the cost ofgas purchased from Columbia GasTransmission Corporation, ConsolidatedGas Supply Corporation, Texas EasternTransmission Corporation and Trans-continental Gas Pipe Line Corporation,which increases all became effectiveprior to or on December 1, 1974. Accord-ingly, National has requested waiver ofthe 45-day notice requirement of § 17.5of the general terms and conditions of itsFPC tariff and waiver of any of theCommission's rules and regulations asmay be required to permit this filingto become effective as of December 1,1974. By this revised sheet, National pro-poses to increase its G-1 and G-1A in-terim rates by .770 per Mf ' which willeffect on annual revenue increase of$1,688,245 over the revenues which wouldbe generated from the rates set forth inNational's present Revised Sheet No. 4.

Notice of National's filing was issuedon December 10, 1974, with protests, no-tices of intervention and petitions tointervene due on or before December 23,1974. No such filings were received inresponse to this notice.

Our review of National's filing indi-cates that included in National's baseaverage cost of purchased gas are twopurchases of manufactured gas (fromDonner-Hanna Coke - Company andSemet-Solvay Division of Allied ChemicalCorporation) and one emergency pur-chase (from Cabot Corporation) at aprice in excess of rate levels prescribedby Opinion No. 699-H. Although the in-stant filing reflects no rate change asso-ciated with these three purchases, theinclusion of manufactured gas costs inPGA adjustments without prior Com-mission approval Is prohibited by§ 154.38(d) (4) of our regulations and byOrder No. 452-A,3 and therefore, such

The G-1 rate will be increased from 78.850per Mcf to 79.620 per ,cf, and the G-1A ratewill be increased from 85.270 per Mcf to86.040 per Mcf.

2 Opinion No. 699-H, Docket No. R-389-B,issued December 4,1974.

'Order No. 452-A. 47 FPO 1510, 1513(1972).

costs should be eliminated from Na-tional's base average cost of purchasedgas. Accordingly, we shall accept Na-tional's tariff changes for filing upon theexpress condition that within fifteendays of the date of issuance of this orderNational shall file revised tariff sheetswhich reflect the elimination of costsassociated with manufactured gas.

In regard to emergency purchases, wenote that the question of the standardswhich the Commission must use in deter-mining the justness and reasonablenessof the prices for such purchases Ispresently the subject of court action.'We further note that by order issuedAugust 9, 1974, in the Instant docket, therates in which the aforementionedemergency purchase Is Included weremade subject to refund and set for hear-ing. Accordingly, we shall set -side theissue of that emergency purchase as areserved issue in the proceedings to beheld in accordance with our August 9,1974 order, pending resolution of theaforementioned court proceedings con-cerning emergency purchases.

The Commission finds. (1) It Is neces-sary and appropriate in the public In-terest and to aid in the enforcement ofthe Natural Gas Act that Natlonal'sFirst Interim Revised Sheet No. 4 to ItsFPC Gas Tariff, Original Volume No. 1be accepted for filing subject to the con-dition that within fifteen days of thedate of issuance of this order Nationalshall file a revised tariff sheet which re-flects the elimination of all costassociated with manufactured gas fromthe average base cost of gas containedin its PGA increase.

(2) Good cause exists to grant waiverof the 45-day notice requirement of § 17.5of the general terms and conditions ofNational's FPC Gas Tariff and waiver ofour Regulations to permit National'sFirst Interim Revised Sheet No. 4 tobecome effective December 1, 1974, sub-ject to the aforementioned condition.

(3) Good cause exists to set aside theissue of the aforementioned emergencypurchase as a reserved issue in the pro-ceedings to be held in accordance withour August 9, 1974 order, pending resolu-tion of the issue regarding emergencypurchases which is presently the subjectof court action.

The Commission orders. (A) Na-tlonal's First Interim Revised Sheet No. 4to its FPC Gas Tariff, Original VolumeNo. 1 is hereby accepted for filing andpermitted to *become effective Decem-ber 1, 1974, Provided, That, within flfteendays of the date of Issuance of this orderNational shall file a revised tariff shootwhich reflects the elimination of allcosts associated with manufactured gasfrom the average base cost of gas con-tained in its filing.

(B) Waiver of the 45-day notice re-quirement of § 17.5 of the General Termsand Conditions of National's FPC Gas

,"'Consumer Federation of America V.V.P.C.," CADO Docket No, 73-2009, potltionfiled September 21, 1973.

FEDERAL. REGISTER, VOL. 40, NO. 11-THURSDAY, JANUARY 16, 1975

2878

. NOTICES

'Tariff and waiverof our.regulations topermit National's First Interim RevisedSheet No. 4 to become effective Decem-ber 1, 1974, are hereby granted.

(C) The issue of the aforementionedemergency purchase s hereby set asideas a reserved issue in the proceeding tobe held in accordance with our August 9,1974 order, pending resolution of theaforementioned court proceedings re-garding emergency purchases.

(D) The Secretary shall cause promptpublication of this order in the Fnhar.LREGiSTE.

By the Commission.[SEAL] ENNETH F. Pnu'ma'


[Docket No. RP74-88]

NORTH PENN GAS CO.

Extension of Procedural Dates

JAnUARY 8, 1975.On December 23, 1974, Coming Nat-

ural Gas Corporation filed a motion toextend the procedural dates fixed byorder issued June 28, 1974, as most re-cently modified by notice issued No-vember 21, 1974, ih the'above-designatedmatter. The motion states that the par-ties have been notified and have noobjection.

Upon consideration, notice is herebygiven that the procedural dates in theabove matter are modified as follows:

Service- of Int&venor's Testimony, Janu-" ary.31, 1975.Service of Company Rebuttal, February 14,

1975.Hearing, March 4, 1975 (10 a.m. e.d.t.).

KENNETM P. PLUM,Secretary.

RR Do.75-1468 Filed 1-15-75;8:45 am]

[Docket No. E-8882]

PUBLfC SERVICE CO. OF COLORADO

Further Extension of Procedural Dates

JANuAR 9,1975.On January 7, 1975, Staff Counsel

filed a motion to extend the proceduraldates fixed by order issued August 30,1974 In the above-designated matter.The motion states that the parties havebeen notified and have no objection.

Upon consideration, notice is herebygiven that the procedural dates in theabove matter are modified as follows:

Service of Staff's Testimony, March 21, 1975.Service of Intervenor's Testimony, April 4,

1975.Service of Company Rebuttal, Aprl 18, 1975.Hearing, April 29,1975 (10 am. e.d.t.).

XmiusNETF. PLUM,Secretary.

TFR Doc.75-1470 Filed 1-15-75;8:45nam]

[Docket No. E-88821

PUBLIC SERVICE CO. OF COLORADO

Order Denying Motion To Dismiss orforAlternate Relief

JAwMtUy 10, 1975.

On July 1, 1974, the Public ServiceCompany of Colorado (PSCC) submittedfor filing proposed increases In Its ratesfor firm power service to Its seven Vhole-sale customers.' The proposed rateswould result in an increase In Jurisdic-tional revenues of $943,834 based ona . twelve-month test period endedMarch 31. 1974. PSCC stated that the-proposed increase was necessary becauseof the adverse financial effects of infla-tion and the additional capital require-ments necessitated by environmentalprograms.

Notice of PSCC's filing was Issued onJuly 18, 1974. On August 30, 1974, weissued an orddr accepting for filing andsuspending for one day PSCC's proposedrate Increase. We further set the matterfor hearing and granted Interventionto Central Telephone & Utilities Corpo-ration (CTU) and the Public UtilitiesCommission of the State of Colorado.

On December 5, 1974, CTU filed a mo-tion to dismiss PSCC's July 1, 1974 filing,or in the alternative, to require PSCCto file Period II data under § 35.13(b) (4) (iil) supporting Its requested raterelief. In its motion, like the petitionto intervene It has previously filed Inthis proceeding, CTU maintains thatPSCC has not compiled with the filingrequirements of § 35.13(b) (4) (i1). CTUalleges that PSCC's filing, although onits face failing within the exception' tothe requirement that Period II data befiled, does not accurately reflect the trueincrease in revenue which will be experi-enced by PSCC n a Period IL CTU main-tains that the $943,834 increase statedby PSCC is below the one million dollarcut-off point only because PSCC hadserved CTU for -only two months ofPeriod I. CTU argues that If the serviceto CTU for an entire year were consid-ered PSCC's rate increase to Its sevenwholesale customers would result in$1,491,281, or substantially In excess ofone million dollars. CTU concludes,therefore, that without fling Period IIcost of service data PSCC has not met thefiling requirements of § 35.13(b) (4) (iDand should have been rejected. CTU has

1 City of Aspen, Ton of Lyons, Home Light& Power Company. City of Glenwood Springs,Colorado-Ute Electric Aswcatlon. Inc., Cen-tral Telephone & Utilte6 Corpomtion, andIntermountain Rural Electric Arroclatlon,Colorado.

2 Order No. 487, 50 FP0 125 (July 17. 1973),provided that the requirement for filing Pe-riod. II data, by any company filing for a ratoIncrease In an amount less than one milliondollars, would be voluntary (50 FPO 128).By order issued October 21, 1974, in DocketNo. R-403, the Commilsion formally addedthe exemption to J 35.13(b) (4) (i11) of Itsregulations.

28$79

requested the Commission to dismiss theproposed Increase In rates filed by PSCCor that PSCC be required to file PeriodII data under § 35.13(b) (4) (liD.

Although we did not specifically ad-dress a response to CTEUs argument inour original suspension order of Au-gust 30, 1974, we did consider whetherPSCC met the filing requirements of935.13(b) (4) (i) as amended In OrderNo. 487 In Docket No. R-463. By our ac-tion In accepting PSCC's July 1, 1974proposed rate Increase for filing wefound CTU's argument to be withoutmerit. We affirm that finding hereand hold that PSCC has met thefiling requirements set. out in § 35.13(b) (4)(111) since it qualifies under theexemption from being required to filePeriod II cost of service data. After areview of PSCC's filing of July 1, 1974and the pleadings filed In this proceed-ing, we conclude that our purview of thetwelve months incorporated as Period IIs a reasonable basis on which to deter-mino whether PCC has qualified forthe exemption from filing Period II costdata. Upon such a review we found.andstill do find, that PSCC substantially metour filing requirements as set out in§ 35.13(b) (4) (111). Because PSCC hascompiled with those requirements weshall deny CTU's lotion To Dismiss orFor Alternate Relief filed with this Com-mission on December 5, 1974.

We note that our action taken hereinis directed only to a determination ofcompliance with the filing requirementsof § 35.13(b) (4) (ri). Our finding thatPSCC is exempt from filing Period Itcost of service data does not forecloseany party, including our Staff, from in-troducing cost data into evidence In thecourse of these proceedings to assist usIn adjudging the reasonableness ofPSCC's proposed rates.

The Commiwon finds. Good causedoes not exist to grant Central Tele-phone & Utilities Corporation's Motionto Dismiss or For Alternate Relief filedon December 5, 1971 in Docket No. E-8882.

7Tue Commission orders. CA) CentralTelephone & Utilities Corporatin's mo-tion to Dismiss or For Alternate Relieffiled on December 5, 1974, In Docket No.E-8882 Is hereby denied.

(B) The Secretary shall cauze promptpublication of this order in the FzoDaL

By the Commission.

[SaL] E En P. PILMUI,Secretary.

[F Dc.75-1469 Piled 1-15-75;8:45 am]

pDocket No. E-9001]

ROCKLAND ELECTRIC Co.

Extension of Procedural Dates,,JA.-uARrr9,1975.

On January 7,1975, Staff Counsel fileda motion to extend the procedural dates


NOTICES

fixed by order issued September 27,1974, in the above-designated matter.The motion states that the parties havebeen notified and have no objection.

Upon consideration, notice is herebygiven that the procedural dates In theabove matter are modified as follows:Service of Staff's Testimony, February 4,

1975.Service of Intervenor's Testimony, Febru-

ary 18, 1975.Service of Company Rebuttal, March 4, 1975.Hearing, March 18, 1975, (10 a.m., e.d.t.)


IFR Doc.75-1471 Filed 1-15-75;8:45 am]

[Project No. 516; Docket No. E-7791]

SOUTH CAROLINA ELECTRIC ANDGAS CO.

Order Consolidating ProceedingsJANUARY 10,1975.

On December 16, 1974, South CarolinaElectric and Gas Company, licensee forthe Saluda Project No. 516, filed an Ap-plication to Exclude Certain Lands fromProject Area. The lands involved wouldbe used for the construction, operation,and maintenance of an ash pond for theMcMeekin Steam Electric Station which'Is located on non-project land below thedam. Licensee further requested thattheir application be considered separatefrom the matters pending in Docket No.E-7791.

By order issued September 10, 1973,In Project No. 516, 50 FPC 700, we pro-vided for a hearing to consider, inter alia,certain applications related to the pres-ent and future utilization of projectlands and waters at the project. In thatorder we stated that we were:referring this application for an easementand causeway to hearing so that it may beconsidered together with other applicationson file related to Lake Murray ... and anyadoitional applications of a similar nature.1d at 703 (emphasis added).

In ordering paragraph (E) of thatorder, we characterzied one purpose ofthe hearing as the development of aformal record on anticipated futureutilization of Lake Murray and projectlands including proposed developmentsand easements. We believe that the In-stant application should be consolidatedwith the matters set for hearing by ourorder of September 10, 1973. A decisionon this application can best be made inlight of the comprehensive analysis ofuse of project lands and waters, the pur-pose of the ongoing evidentiary proceed-ing in this docket. We, therefore, denylicensee's request for separate considera-tion of this application.

We note that the Presiding Adminis-trative Law Judge issued a notice of hear-Ing and related procedures on July 29;1974, which set a January 7, 1975, datefor filing of testlmony and a January 28,1975. date for commencement of thehearing. While we believe that consolida-tion of these proceedings is desirable, wedo not wish to see the hearing delayed.

We believe the hearing can go forward aspresently scheduled. The Presiding Ad-ministrative Law Judge should set suchschedule for the filing of testimonyrelated to the instant application as hemay deem necessary or appropriate.

The Commission finds. (1) It is ap-propriate and in the public interest forthe purposes of administration of the.Federal Power Act that the applicationof South Carolina Electric and Gas Com-pany to exclude certain lands from theproject area be consolidated with thematters currently the subject of a hear-Ing in Project No. 516 and Docket No.E-7791,

The Commission orders. The above-noted application is hereby consolidatedwith the matters currently set for hear-ing in this docket.

By the Commission.[SEAL] KEmzTH F. PLUMB,


[Docket No. RP72-156, PGA75-21

TEXAS GAS TRANSMISSION CORP.PGA Rate Increase

- JANUA Y 10, 1975.Take notice that on December 16,1974,

Texas Gas Transmission Corporation(Texas Gas) tendered for filing ThirdSubstitute Tenth Revised Sheet No. 7to its FC Gas Tariff, Third RevisedVolume No. 1.

Texas.Gas states that the revised tariffsheet is being filed to reflect changes Inthe cost of gas purchased pursuant to theprovisions of Texas Gas' Purchased GasAdjustment Clause. Texas Gas also statesthat its December 16, 1974, filing reflectsthe recovery of demand charge adjust-ments. Furthermore, -Texas Gas statesthat, pursuant to-Opinion No. 699-G, Ithas included in its unrecovered pur-chased gas costs the estimated amountsto be incurred during the months of No-v~nber and December, 1974, and Janu-ary, 1975, as a result of increases underOpinion No. 699. Texas Gas proposes aneffective date of February 1, 1975.

Any person desiring to be heard or toprotest said application should file a peti-tion to intervene or protest with the Fed-eral Power Commission, 825 North Capi-tol Street, N.E., .Washington, D.C. 20426,in accordance with §§ 1.8 and 1.10 of theCommission's rules of practice and pro-cedure (18 CFR 1.8, 1.10). All such peti-tions or protests should be filed on orbefore January 23, 1975. Protests will beconsidered by the Commission In deter-knining the appropriate action to betaken, but will not serve to make pro-testants parties to the proceeding. Anyperson wishing to become a party mustfile a petition to intervene. Copies of thisapplication are on file with the Commis-sion and are available for public inspec-tion.


IFR Doc.75-1473 'led 1-1-75;8:45 am]'

[Docket Nos. 1F75-10-1, oto,]

TRANSCONTINENTAL GAS PIPE LINECORP., ET AL.

Order Consolidating ProceedingsJANUARY 9, 1975.

In the matter of Transcontinental GasPipe Line Corporation; Eastern ShoreNatural Gas Company and StaufferChemical Company, Docket Nos. RP75-16-1, RP75-17-1; Penn Fuel Gas, Inc.and New Jersey Zinc Company, DocketNo. RP75-16-4; City of Linden, Alabama,Marengo Corporation, and Gulf StatesPaper Corporation, Docket No. RP75-16-5; City of Danville, Virginia, Docket No.RP7-16-6; The Commission of PublicWorks of the City of Laurens, South Car-olina, Docket No. RP75-16-7; North Car-olina Natural Gas Company and Farm-ers Chemical Association, Inc., DocketNo. RP75-16-8,

On November 16, 1974, an interim cur-tailment plan was made effective for

,Transcontinental Gas Pipe Line Corpora-tion (Transco) by order of the D.C, Cir-cult Court of Appeals The interim planreiulres the curtailment to be invoked onthe basis of 50 percent pro rata and 50percent end-use. Subsequent to Imple-mentation of that plan, Transco notifiedits customers that it will have to increaseits curtailment level above the leVel an-ticipated during the settlement negotia-tions that resulted In the Court-orderedplan.' As a result of the increased levelof curtailment, the Court-ordered planplaces in jeopardy service to high prior-ity consumers (priority one and two) onsome distribution systems served byTransco. Since any grant of temporaryrelief may intrude on gas service to resi-dential consumers, we will not act onthose requests for relief pendento lite.'

1"Consolidated Edison Company of NowYork, Inc, Ot al. v. FP0, Nos. 73-19, ot al."Court of Appeals for the District of Columbia(November 26, 1974).

"By order Issued January 8, 1075, the Com-mission ordered an investigation Into thereasons underlying the Increased level of our-talment on Transco's system, "Order Inti-tuting Investigation and Order to ShowCause, Setting Hearing, and Establishing Pro-cedures," Docket No. RP75-51, Issued JaUlt.ary 8, 1975.

aDuring negotiations, Transco anticipatedallocating winter season entitlements to Itslargo contract demand customers In theamount of 317,253 MMcf. Of this volume,283,814 MMcf was reserved for Priority 1 re-quirements (generally residential, commer-cial and storage Injection needs). The re-maining 33,439 MMcf was reserved for Pri-ority 2 requirements (generally the Indus-trial requirements classified In Priority 2 ofour Order 467-B set of priorities), Informa-tion contained n a filing by narmer's Ohem-Ical Association, Inc., In Docket No. nP75-16-2 reveals that Transco has reduced thetotal winter entitlements of Its customersdown to 291,325 MMcf, a reduction of 26,920Mlfcf. This reduction leaves an allocation ofonly 7511 MMcf for Priority 2 requirementsfor the total winter season. The outstandingpetitions for relief on Transco's system, ifextrapolated for the total winter season (No-vember 15, 1974-April 15, 1975) for compara-tive purposes, would total approximately10,476 MMcf. Thus. granting relief would re-quire all of Transco's customers to ourtallInto Priority 1.

FEDERAL REGISTER, VOL 40, NO. l I-THURSDAY, JANUARY 16, 1975

Instead, we will iequirh 'petitioners tojustify those requests in an evidentiaryhearing that will show, inter alia, -theintrusion, if any, on seriice to the resi-dential consumers and the necessity forgranting such relief. Accordingly, we willconsolidate all of the requests for tempo-rary. and permanent extraordinark relief,from Transco's Court-ordered curtail-ment plan, require the relief to be justi-fied on the basis of an evidentiary rec-ord, and, require the Presiding Adminis-trative Law Judge to rule on the requestsfor temporary and permanent relief ex-peditiously as hereinafter ordered.' Transco serves natural gas consumers

-in the states of Mississippi, Alabama,Georgia, South Carolina,'North Carolina,

- Virginia, Maryland, Pennsylvania, Dela-ware, New Jersey, and New York. Theconsequences of granting or denying theinstant relief requests may result in ad-dition to the possible curtailment of resi-dential consumers, an increase in unem-ployment and economic recessionthroughout those states. Therefore, thehearing hereinafterordered should ex-plore fully thd potential economic effectof this proceeding on each state. Accord-"ngly, we Invite -each state through -itsGovernor, State Regulatory Commission,Resources- Agency, Unemployment Com-mission, and/or any other responsiblestate agency to present evidence on theeconomic effept of granting- or denyingthe requests for temporary andlor per-manent relief -in. this consolidated pro-ceeding. In this regard we also invite theparticipation of the United States De-partment of Commerce and the Depart-ment of Labor as" well as any other re-sponsible Federal agency.I The pbtitioriers in Docket Nos. RP75.-16-1 and RP75:-1--1 have filed for re-hearing of our order Issued December 13,1974, which, inter aim. dismissed theirpetition 'for interim and permanent re-lief. We. will grant rehearing and con-solidate those proceedings with the abovedocketed proceedings for purposes ofhearing and decision. , ' - .

In Docket No. RP75-16-4, a petition'fdr, reheaxing was filed requesting re-hearing of our order issued December 27,1974, that, inter alia, denied interim re-lief and set for hearing the request forpermanent relief.-We will grant rehearing-and modify the order to permit consoli-dation of this" request for interim andpermanent relief in the hearing herein-after ordered. Additionally, New JerseyZinc Division of Gulf Western Corpora-tion of Palmerton, Pennsylvania (NJZ)notified the Commission by telegram ofJanuary 8, 1975 that if relief Is 'notgranted by Saturday, January l1th, itsplant will have to shut-down causing Ir-reparable, damage to that plant. Under§ 13.4 of its tariffTransco is authorizedto grant unilaterally emergency relief toprevent irreparabld damage to life orproperty. The'alleged-damage to NJZ'splant falls wthithe sope of that pro-

sioj. According y NJZ's distibutorshould ,seek relief from- Transco under§ 13.4. of its tariff and upon meeting thebuyer's obligation contained -therein,

NOTICES

Trnaisco shall deliver such emergencyvolumes as are necessary to permit anorderly shutdown of the Palmertn fa-cility.' This relief Is specifically limitedto, those volumes needed for plant pro-tection and shall not Include any vol-umes for production purposes. Transcoshall immediately report to the Commis-sion the amount of relief granted and theestimated duration. As hereinafter or-dered, the issue of extraordinary reliefand continuation of any emergency reliefgranted by Transco will be the subject ofthe hearings herein set.

On January '% 1975, the State of NorthCarolina and North Carolina UtilitiesCommission iled in Docket No. IZP75-52a document entitled "Petition of Stateof North Carolina and North CarolinaUtilities Commkson For Investigationof Transco's Supply Situation; ForL'N-traordinary Relief From Curtailment;And For Immediate Relief PendenteLAte". Insofar as Interim relief is re-quested, Petitioners have not met theminimal requirements of Order No. 467-C, 18 CFR 2.78(a) (ii) and, consequently,the data required to evaluate the requestfor Immediate relief on the merits arenot before us. Therefore, we have notincluded the North Carolina request forinterim relief in this consolidated pro-ceeding. We.wlll give expeditious con-sideration at such time as a proper peti-tion is filed in accordance with § 2.18(a)(ii). As to North Carolina's additionalrequests contained in the subject docu-ment, we construe that filing as a corn-,plaint filed under section 5 (a) of the Nat-,ural Gas Act and we will address theissues and allegations made therein in aseparate order.

The Commission flnds. (1) The above-entitled proceedings contain commonquestions of fact and law that requirethe consolidation of those proceedingsfor I the purposes of hearing anddecision.

(2) Good cause exists for granting thepetitions for rehearing that were filed inDocket Nos. RP75-16-i, RP75-17-1, andRP75-16-4 and for modifying the hear-ing dates and procedures established byour order issued December 27, 1974, inDocket No. RP75-16-4.

(3) Good cause exists for setting theproceeding consolidated herein forformal hearings, expediting the deter-mination of this consolidated proceed-ing, and establishing the procedures forthis proceeding as hereinafter ordered.

The Commission orders. (A) The dp-plications for interim and permanentbxtraordinary relief filed In Docket Nos.RP75-16-1, nPl5-17-1, RP75-16-4RP75-16-5, RP75-16-6, RP75-16-7, andRP75-16-8 are hereby consolidated forpurposes of hearing and decision.'

'In an earlier filing NJZ stated that 4.00oMef per day would be the minimum amountnecessary to prevent physical damago to theplant. In this regard. we noto M s'a rep-reientaton In Its answer of January 8,1975,to New Jersey Zinc's petition that the com-pany's declined an offer to purchase SNOfrom Penn uel [Union's parent).

,2881

(B) The p-titions for xehearing filedIn Docket No. RP75-16-1, RP75-17-1and RP75-16-4 are hereby- granted.

(C) Pursuant to the authority con-tained in and subject to the authorityconferred upon the Federal Power Com-.mission by the Natural Gas Act, par-ticularly sections 4, 5, 15. and 16 there-of, the Commlsson's rules of practiceand procedure, and theregulatons underthe Natural Gas Act, a public hearingshall be held commencing January 14.1975, at 10 a.m. (es.t.) in a hearing roomof the Federal Power Commission, 825North Capitol Street, NE., Washingon,D.C., 20426, concerning the applicationsfor interim and permanent extraordi-nary relief filed In the proceedings con-solidated in ordering paragraph (A)hereof.

(D) The hearing and procedures es-tablLshed by order issued December 27,1974, In Docket No. RP75-16-4 are here-by modified to permit that proceedingto be heard in the consolidated proceed-ing initiated by this order.(E) Petitioners, the States, Federal

agencies, and any other party in theproceeding shall present their evidencein the form of testimony-and exhibitsin support of, or In opposition to, theapplications for interim and permanentextrAordinary relief as requested ineach of -the proceedings consolidatedherein. In their presentation, Petitionersshall include, Inter alia, evidence re-flecting:

(a) Compliance with subparagraph2.78(a) (II) of the Commison's GeneralPolicy and Interpretations, adopted byOrder No. 467-C issued April 4, 1974(mimeo pp. 5-6),

(b) The priority In which the custom-er for whom relief is sought are placedunder Order No. 467-B categories,

(c) The dispositi6n of volumeiT re-celved from Transco, for September,October, November, and December 1974,by FPC prioritfes, and by customer foreach of the FPC categories in which thecustomer for whom relief is7 sought areplaced. Estimate, to the extent feasiblesimilar data for the period followingactual data through May 1975. Include.separately identified, disposition of vol-umes not sold, e.g. storage Injectionvolumes and company use and un-accounted for volumes, and

(d) End use data and information forthe firm industrial customers of eachPetitioner whose requirements are 300Mcf per day or more.

(F) An Administrative Law Judge tobe designated by the Chief Administra-tive Law Judge for that purpose [seedelegation of authority, 18 CPR 3A(d)]shall preside at the hearings in this con-solidated proceeding and shall prescribe -relevant procedural matters not hereinprovided.

(G) On or before January 24, 1975,the Presiding Administrative Law Judgeshall Issue his initial decision on therequests for interim extraordinary reliefpendente lite that are involved in theproceedings consolidated herein, Inclu-sire of a determination on the issue of


2882

continuation of any emergency relief re-ceived by New Jersey Zinc Company.Simultaneously therewith, he shall cer-tify to us the record related thereto. Onor before February 13, 1975, the Pre-siding Administrative Law Judge shallissue his initial decision on the requestsfor permanent extraordinary relief in-volved in the proceedings consolidatedherein.

(H) Notices of intervention and peti-tions to intervene in this consolidatedproceeding may be filed with the FederalPower Commission, 825 North CapitolStreet, NE., Washington, D.C. 20426, onor before January 13, 1975, in accordancewith the Commission's rules of. practiceand procedure [18 CFR 1.8 or 1.371.

(I) Transco may commence such deliv-eries as it finds are necessary to permitan orderly shutdown of New Jersey Zinc'sPalmerton facility, limiting volumesspecifically to those required for plantprotection and excluding any volumesrequired to maintain production. No laterthan 5 p.m., January 10, 1975, a reportshall be made by Transco to the FederalPower Commission of what, if any, emer-gency volumes have been delivered andare proposed to be delivered to meet NewJersey Zinc's plant protection needs.

By the Commission.

[SEAL,] KErnNETH F. PLUM~B,Secretary.

[FR Doc.75-1474 Piled 1-15-75;8:45 ami

[Docket No. CP75-151

UNITED GAS PIPE UNE CO.Amendment to Application

JAuAr 10, 1975.Take notice that on December 18, 1974,

United Gas Pipe Line Company (Appli-cant), 1500 Southwest Tower, Houston,Texas'77002, filed in Docket No. CP75-15an amendment to the application filed inthe subject docket pursuant to section7 (c) of the Natural Gas Act reflectingchanges in the point of receipt, the dailyexchange volumes and the transporta-tion charge of natural gas to be trans-ported on behalf of the State of Louisi-ana (Louisiana), all as more fully setforth n the amendment which is on filewith the Commission and open to publicinspection.

On July 16, 1974, Applicant filed inthe subject docket an application' fora certificate of public convenience andnecessity seeking authorization to trans-port up to 4,500 Mcf of natural gas perday for Louisiana from a point of receiptat approximately M.P. 18.8 on Appli-cnt's Lake Raccourci Main Line, La-

fourche Parish, Louisiana, to New Or-leans Public Service Inc. (NOPSI) forthe account of Louisiana at variouspoints in the city of New Orleans whereApplicant is presently delivering gas toNOPSL The application indicated that

'Notice of the application was publishedin the PszaRAL REGisrzr on August 6, 1974(39 FR 28324).

NOTICES

the initial charge for the proposed trans-portation service would be 7.71 cents perMcf transported. Said application wasfled prior to the November 7, 1974, exe-cution of a definitive agreement betweenApplicant and Louisiana.

Applicant states that pursuant to theNovember 7, 1974, gas transportationagreement, Louisiana will deliver, orcause to be delivered for its account, toApplicant up to 5,000 Mcf of gas per dayat an existing point of interconnectionbetween the facilities of Exxon Com-pany, U.S.A. (Exxon), and Applicant atthe tailgate of Exxon's processing plantin Terrebonne Parish. Louisiana. Appli-cant will redeliver equivalent volumes toNOPSI for the account of Louisiana. Ap-plicant initially proposes to charge Loul-siana 10.23 cents per Mef transported,which reflects Applicant's Southern Zonejurisdictional cost of service proposed inDocket No. RP74-83?- Any person desiring to be heard or tomake any protest with reference to saidamendment should on or before Janu-ary 27, 1975, file with the Federal PowerCbmmission, Washington, D.C. 20426, apetition to intervene or a protest in ac-cordance with the requirements of theCommission's rules of practice and pro-cedure (18 CPR 1.8 or 1.10) and the regu-lations under the Natural Gas Act (18CFR 157.10). All protests filed with theCommission will be considered by It' indetermining the appropriate action to betaken but will not serve to make the pro-testants parties to the proceeding. Anyperson wishing to become a party to aproceeding or to participate as a partyin any hearing therein must file a peti-tion to intervene in accordance with theCommissions rules. Parties which haveheretofore filed protests, notices of inter-vention or petitions to intervene need notdo so again.

KEINETH FI .PLUMB,Secretary.

[FR Doc.75-1475 Piled 1-15--75;3:45 am]

[Docket Nos. RP72-41, PGA75-1 and

PGA75-1-Al

WESTERN TRANSMISSION CORP.

Order Accepting for Filing and SuspendingProposed PGA Rate Change, and Grant-Ing Waiver

JANUARY 10, 1975.On December 13, 1974, Western Trans-

mission Corporation (Western) tenderedfor filing a purchased gas cost adjust-ment (PGA) increase' pursuant to itsPGA clause. This filing reflects an in-crease in Western's current cost of gaspurchased from its producer suppliersand a revenue surcharge t6 recover thebalance accumulated in the Company'sUnrecovered Purchased Gas Cost Ac-count. The, proposed PGA increase re-

$A proposed rate increase was fied InDocket No. RP74--83 on April 15, 1974.

'The revised tariff sheets reflecting theproposed increase are designated as.OriginalSheet No. 3-A and Third Revised Sheet No. 4to FPO Gas Tariff, Original Volume No. 1.

flects a 16.460 per MIf Increase in thesystem's average cost of gas, amount-Ing to $617,024 annually, and includes asurcharge to recover the $2,218 balanceaccumulated in the Unrecovered Pur-chased Gas Cost Account as of Octo-ber 31, 1974. The instant filing also modi-fies Western's PGA clause to permit theCompany, n the future, to file a singlorate sheet each time a PGA rate changeIs requested.

On December 16, 1974, Westernamended Its filing to correct the sur-charge figure included in the tariff sheetsfiled on December 13, 1974.

Western has requested an effectivedate of December 15, 1974, the date onwhich the Company will commence gaspurchases from two new suppliers. Ac-cordingly, Western has requested waiverof the notice requirements of § 154.22 ofthe Commission's regulations. SinceWestern's PGA clause provides for PGA

,increases to become effective concur-rently with the attachment of new gassupplies, we believe that good cause existsto grant the requested waiver."

Western's December 13, 1974, filingwas noticed vith comments, protests andpetitions to intervene due on or beforeJanuary 7, 1975. To date, no comments,protests or petitions have been received.

Our review of Western's Dacember 13,1974, filing indicates that It is based Inpart upon two small independcnt pro-ducer purchases at rates in excess of therate levels established by Opinion No.699-H.' Therefore, the proposed rateshave not been shown to be Just and rea-sonable and may be unjust, unreasonable,unduly discriminatory or otherwise un-lawful. Accordingly, we shall acceptWestern's December 13, 1974, filing, sus-perid it for one day to become effective]Pecember 16, 1974, subject to refund.With regard to the question of small pro-ducer purchases, we note that the Su-preme Court has recently remanded thesmall independent producer rulemakingin order for the Commission to enunciatethe standards in determining the Just-ness and reasonableness of the prices forsmall producer purchases. We believe,therefore, that It would be premature toestablish a hearing schedule In thisdocket at this time.

Further review of Western's Decem-ber 13, 1974, filing indicate that theclaimed increased costs, other than thosecosts associated with that portion of thesmall producer purchases In excess ofthe rate levels prescribed In Opinion No,699-H are fully justified and comply withthe standards set forth in Docket No.R-406. Accordingly, Western may file asubstitute tariff sheet to become effectiveDecember 15, 1974, reflecting increasedcosts other than that portion of thoseincreased costs associated with small

2 See § 154.51 of the Commslon's regula-tons.

2 Opinion No. 699-H, Docket No. R-389-13issued December 4, 1974.

A"Federal Power Commission V. Texaco,Inc., et al.," Docket Nos. 72-1490 and '2-1491,Opinion issued June !O, 1974.

FEDERAL REGISTER, VOL 40, NO. 11-THUtSDAY, JANUARY 16, 1975

NOTICES

producer purchaseg in excess of the ratelevels prescribed in Opinion No. 699-Hreferred to in this order.

The Commission Ands. It is necessaryand appropriate in the public interestand to aid in the enforcement of theNatural Gas Act that:- (1) The proposed filing submitted by

Western on December- 13, 1974, asamended on December 16, 1974, be ac-cepted for filing, suspended and per-mitted to become effective December 16,1974, subject to refund.

(2) The claimed increased costs otherthan- those increased costs 'associated

* ith that portion of small -producer pur-chase in excess of the rate levels pre-

Building - Pittsfield, Massachusetts.Frank and open discussion of the pro-fessional qualifications of the firms beingconsidered Is essential to insure selectionof the best qualified firms. Accordingly,pursuant to a determination that It willbe concerned with a matter listed In 5U.S.C. 552(b) (5) the meeting will notbe open to the public. -

Dated: January 7,1975.ALAN E. GOnHAm,

.Acting Regional Administrator.[FIL Doc.75-1487 Filed 1-15-'5;8:45oam)

MARINE MAMMAL COMMISSIONscribed in Opinion No. 699-H have been MARINE MAMMAL COMMISSION ANDreviewed 'and found fully justified and -COMMITTEE OF SCIENTIFIC ADVISORSin compliance with the standards set ON MARINE MAMMALSforth in-Docket No. R-406. Notice of Meetings- (3) Good cause exists to grant West- The Marine Mammal CommissIon and'ern's request for waiver of the notice the Committee of Scientific Advisors onrequirements of § 154.22 of the Commis- Marine Mammals will meet on Febru-sion's regulations. o ary 20, 21, and 22, 1975 at the Pepper

The Commission orders. (A) Westerns Tree Motor Inn. 3850 State Streetk SantaOriginal Sheet No. 3-A and Third Re- Barbara, California.vised Sheet No. 4 to its FPC Gas Tariff, The Commission and Committee willOriginal Volume No. 1, are hereby ac- meet together from 11 am. to 7 pan. oncepted for filing, suspended, and permit- February 20, from 8:30 am: to 7 pm. onted to 'become effective December 16, February 21, and 8:30 am. to 12:05 p.m.1974, subject to refund, pending further on February 22 to discuss and considerCommission order in this docket. the status of activities and problems af-

(B) Waiver of the notice requirements fecting marine mammals including mat-of §154.22 of the Commission's regula- ,ters relating to:tions is hereby granted. (1) Status of the Commisson, includ-

(C) Western may file to become effec- lng staflng and budget.tive December 15, 1974, substitute tariff (2) The review of permit applicationssheets-reflecting that portion of West- to take marine mammals for research

- em's. rates as filed December 13, 1974, purposes and/or public display.asamended December 16, 1974, which (3) International efforts affecting thereflect increased costs other than those protection and conservation of marineincreased costs associated with that por- mammals including the Convention fortion of small producer purchases which the Conservation of Antarctic Seals, theare in excess-of the'rate levels prescribed Interin Convention for the Conservationin OpinionNo. 699-L of North Pacific Fur Seals, the Inter-

(D) The Secretary shall cause prompt national Whaling Convention and thepublication of this order in the FEDERAL US-USSR Cooperative Agreement.REGisTER. (4) Applications for waivers of the

By the Commission. moratorium including those of the Stateof Alaska and the State of California.

UsEAI] KENNETH e. PLre, (5) Protection of marine ma al• ecretary. populations on San Miguel Island and

[FEDoc.75-l476 Filed 1-15-75:8:45 am1 other areas.(6) Taking of porpoises incidental to

GENERAL SERVICES commercial yellowfin tuna fishing.ADMINISTRATION (7) Recommendations on general per-

mits.REGIONAL PUBLIC ADVISORY PANEL ON (8) The national marine mammal re-

ARCHITECTURAL AND ENGINEERING search programs, and other matters.SERVICES These sessions of the meeting will be

Notice of-Meeting open to the public, and seating will beavailable to accommodate up to 100 ob-

'Pursuant t6 Pub. L. 92-463, notice is servers.hereby given of ameeting of the Regional The remaining sessions of the meetingPublic Advisory Panel on Architectural will consist of a meeting of the Cornmis-and Engineering Services, Region 1, sion in executive session, a meeting ofFebruary 3, 1975, from 10 a.m. to noon, the Committee in executive session, andRoom 711, John W. McCormack Post Of- a consultative meeting of the Commis-fice and CourthouseBuilding, Post OifIce sion and Committee. These sessions willSquare, Boston, Massachusetts 02109. be devoted to the exchange of opinionsThe meeting will be devoted to the initia4 and deliberations concerning internalstep of the procedures for screening and operations, personnel, policy, Inter-evaluating, the qualifications of archi- agency liaison, and the evaluation oftect-engineers under consideration for proposals to conduct research related toselection to furnish professional services marine mammal protection and conser-for the proposed new Federal Omce vation. Participants will be candidly dis-

cussing and appraising the professionalqualifications of the proposers, their po-tential contribution to the research pro-gram, and Information given to the Com-miMon and Committee In confidence-These sessions Involve matters 'which arewithin the exemptions of 5 U.S.C. 552(b) (2), (4), and (6) and will thereforenot be open to the public.

Suggestions from Interested personsconcerning Issues and subjects to be con-sidered at the meetings should be sub-mitted to the Commission in 'writing. Forfurther information, contact the MarineMammal Commission, 1625 Eye Street,NW., Washington, D.C. 20006.

JomrR. Twiss, Jr,Executive Director,

Marine Mammal Commission.JANUARY 9, 1975.IPR Doc.75-1400 Piled 1-15-75;8:45 avaI

OFFICE OF TELECOMMUNICATIONSPOLICY

ELECTROMAGNETIC RADIATIONMANAGEMENT ADVISORY COUNCIL

Meeting

Notice Is hereby given that the Elec-tromagnetic Radiation Management Ad-visory Council (ERMAC) will meet at9:00 axa. In Room 712, 1800 G Street,NW., Washington, D.C., on Thursday,February 6, 1975.

The principal agenda Item 'will be adiscussion on measurements, surveys,and other means of characterizing thegeneral electromagnetic environment.

The meeting will be open to the pub-lic; any member of the public will bepermitted to file a written statementwith the Council, before or after themeeting.

The names of the members of theCouncil, a copy of the agenda, a sum-mary of the meeting, and other informa-tion pertaining to the meeting may beobtained from Lt. Cmdr. David C.Brown, Office of TelecommunicationsPolicy, Washington, D.C. 20504 (tele-phone: 202-395-4737).

Dated: January 13,1975.)BRYAN M. EssrX,

Advisory CommitteeManagement Officer.

[FR Do'5-1478 Pled 1-15-75;8:45 aml

SECURITIES AND EXCIANGECOMMISSION

170-4711ALABAMA POWER CO. ET AL

Post-Effective Amendment Regarding Issu-ance and Sale of Notes to Banks bySubsidiary CompanyNotice is hereby given that Ala-

bama Power Company ("Alabama"),P.O. Box 2841, Birmlugba , Alabama35291, an electric utility subsidiary com-pany of TheSouthern Company ("South-ern"), aregistexed holding compamy, hasfiled with this C~mmlssion i post-


2883

NOTICES

effective amendment to the application-declaration in this proceeding pursuantto section 6(b) of the Public Utility Hold-ing Company Act of 1935 ("Act") re-garding the following transactions. Allinterested persons are referred to theamended application-declaration, whichis summarized below, for a completestatement of the proposed transactions.

By Orders dated March 27, 1974(HCAR No. 18340) and November 7, 1974(HCAR No. 18645), the Commission,among other things, authorized Alabamato Issue and sell unsecured notes to banksand/or commercial paper to dealers fromtime to time through March 31, 1975,up to an aggregate principal amount of$135,000,000 outstanding at any one time.

Alabama now proposes to increase its,proposed borrowings up to an aggregateof $235,000,000 outstanding at any onetime. In addition to the arrangementsheretofore set forth in this proceeding,Alabama will borrow from nonterritorialbanks In accordance with terms proposedto be provided by a credit agreement("Agreement") to be entered into amongSouthern, Alabama, and Georgia PowerCompany ("Georgia") and the banks.Subject to certain limitations describedin the Agreement and subject to theirrespective authority in this proceeding,the maximum aggregate principalamount Southern, Alabama, and Georgiawould be permitted to borrow under theAgreement would be approximately$500,000,000 ("Commitment"), and themaximum aggregate amount which Ala-bama would be permitted to borrow atany time would be equal to the amountof the Commitment less borrowings bySouthern. and Georgia from time to timeoutstanding ("Alabama Commitment").

The borrowings by Alabama under theAgreement will be evidenced by notesto the banks maturing not later than 9months from the date of issuance there--of, and in any event not later than De-cember 31, 1975. It is proposed that eachsuch note will bear interest at a fluctuat-ing interest rate per annum equal to115 percent of the higher of (a) theprime rate in effect from time to timeor (b) 12 of 1 percent'above the latestthree-week moving average interest ratepayable on 90 to 119-day dealer-placedcommercial paper. Alabama will be per-mitted, on the terms and under the con-ditions to be provided in the Agreement,to prepay borrowings from time to time,'in whole or in part without penalty orpremium, to reborrow up to the maxi-mum amount of the Alabama Commit-ment from time to time and, togetherwith Southern and Georgia, to reduce orterminate the Commitment

It is proposed that under the Agree-ment the banks will charge fees con-sisting of a commitment fee (based onthe unused portion of the Commitment)from January 1, 1975, through the termof the Agreement at the rate of x2 of 1percent per annum, a facility fee (basedon the Commitment, whether used orunused) from January 1, 1975, throughthe term of the Agreement it the rateof 1/4 of 1 percent per annum, and anadditional fee (based on the unused Com-

mitment and outstanding borrowings) at CHICAGO BOARD OPTIONSthe rate of 10 percent of the interest rate EXCHANGE, INC.in effect from time to time on outstand- Non-Disapproval of Amendments toing borrowings. Giving effect to these Option Planfees, assuming full utilization of theCommitment and based on a prime rate Notice Is hereby given that on Janu-of 10% percent per annum and the three- ary 8, 1975, the Commission consideredweek moving commercial paper rate of and did not disapprove proposed amend-9.24 percent for the, terminal week of ments to the Option Plan of the ChicagoJanuary 1, 1975, the effective interest Board Options Exchange, Inc. (CBOE)rate on borrowings would be 13.06 per- pursuant to Rule 9b-1 under the Securl-cent per annum, ties Exchange Act of 1934 (17 CF-R

Pending the effectiveness of the Agree- 240.9b-1). The CBOE proposed to amendment, Alabama proposes from time to" Rule 4.13(a) which was originally noticedtime to make borrowings hereunder as at 39 FR 40203 on November 14, 1974.available on terms comparable to but not The CBOE amendment would requiremore burdensome than those proposed to members to report only their customer'sbe provided by the Agreement. aggregate positions of 100 or more op-

Alabama will use the proceeds of Its tion contracts in any single class of op-short-term borrowings to finance con- tions that are listed on the Exchange. Ifstruction, to reimburse its treasury for dual trading of options is initiated (i.e.,prior construction expenditures, and to trading of options in respect of the samopay at maturity bank notes and com- underlying stock on more than one ex-mercial paper issued for such purposes. change) pursuant to the amendment,Certificates of notification under Rule 24 members would be required to reportin respect of the proposed borrowings are such aggregate positions in options dealtto be filed quarterly, in: on the Exchange regardless of on

No State commission and no Federal which exchange the position was ac-commission, other than this Commission, quired.has jurisdiction over the proposed trans- All interested persons are invited toactions, submit their views and comments on the

Notice is further given that any inter- amendment to CBOE's plan either beforoested person may, not later than Janu- or after it has become effective. Writtenary 30, 1975, request in writing that a statements of views and comments shouldhearing be held on such matter, stating be addressed to the Secretary, Securi-the nature of his interest, the reasons for ties' and Exchange Commission, 500such request, and the issues of fact or law North Capitol Street, Washington, D.C.raised by said post-effective amendment 20549. Reference should be made to hi1to the application-declaration which he number 10-54. The amendment is, anddesires to controvert; or he may request all such comments will be, available forthat he be notified if the Commission public inspection at the Public Refer-should order a hearing thereon. Any such ence Room of the Securitiea and Ex-request should be addressed: Secretary, change Commission at 1100 L Street,Securities and Exchange Commission, NW., Washington, D.C.Washington, D.C. 20549. A copy of such By the Commission.request should be served personally or by Esn] SMRnn Y E. HOLMIS,mail (air mail if the person being servedis located more than 500 miles from the Asstant Scoretaru.point of mailing) upon the applicant- JAxuA- y 9, 1975.declarant at the above-stated address, [FR Doe.5-1511 Filcd 1-1-75 8:45 am]and Proof of service (by affidavit or, incase of an attorney at law, by certificate)should be filed with the request. At any (File No. 500-1ltime after said date, the application- ROYAL PROPERTIES INC.declaration, as now amended or as itmay be further amended, may be granted Suspension of Tradingand permitted to become effective as pro- JAnUAnr 10, 1975.vided in Rule 23 of the general rules and It appearing to the Securities and Ex-regulations promulgated under the Act, change Commission that the summaryor the Commission may grant exemption suspension of trading in the connonfrom such rules as provided in Rules 20 stock of Royal Properties Incorporated(a) arid 100, thereof or take such other being traded otherwise than on a na-action as it may deem appropriate. Per- tional securities exchange is required in.sons who request a hearing or advice as to the public interest and for the protec-ivhether a hearing is ordered will receive tion of investors;any notices and orders issued in this Therefore, pursuant to section 15(c)matter, including the date of the hearing (5) of the Securities Exchange Act of(if ordered) and any postponements 1934, trading in such securities otherwisethereof. than on a national securities exchange

For the Commission, by the Division of is suspended, for the period from Janut-Corporate Regulations, pursuant to dele- ary 13, 1975 through January 22, 1975.gated authority. By the Commission.

[SEAL] SHIRLEY E. HOLIS, [S.rALl SHRLEY E. HOLLIS,Assistant Secretary.

[FR Doe.75-1512 Filed 1-15-75;8:45 am]

Assistant Secretary.[FR Doc.5-1513 Filed 1-16-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 11-THURSDAY, JANUAnY 16, 1975

- [File No. 500-1]

WINNER- INDUSTRIES, INC.

Suspen~ion of Trading

JANuARY 10,1975.It appearing to the Securities and Xx-

change Commission that the summarysuspension of trading in the commonstock of Winner Industries, Inc. beingtraded7 otherwise than on a nationalsecurities exchange is required in thepublic interest and for the protection ofinvestors;

Therefore, pursuait to Section 15(c)(5) of-the Securities Exchange Act of1934, trading in such securities other-vise than on a national securities ex-change is suspended, for the period fromJanuary 13, 1975 through January 22,1975.

By the Commission.

[is=] SmaRLY E. HOLLIS,Assistant Secretary.

IM Doc.75-1514 Filed 1-15-75;8:45 am]

SMALL BUSINESS ADMINISTRATIONSIZE STANDARDS APPEALS

Procedures-and Regulations Review

'Mr. Gene F. VanArsdale has been ap--pointed Diredtor of the Size Procedures,Study Project for the purpose of con-"ductinga thorough Teview and analysisof SBA procedures and regulations per-ta ing to the processing and adjudica-tion of appeals from size standarddeterminations.

Objectives of the study are: 1. Developnew and improved guidelines for SBApersonnel in rendering size standarddeterminations andimprove the process-ing of appeals to final-resolution.

2. Provide for more expeditious proc-essing and adjudication of appeals atall levels.

3. Provide for such reforms in SizeAppeals procedures and Size AppealsBoard functions as may be necessary toassure that appeal decisions are renderedfairly and equitably.

The study has been commissioned fortwo months, commencing January 2,1975. It" is anticipated that in earlyMarch, final recommendations, stemmingfrom the study will be presented to the -Administrator for approval.

Comments and recommendations inregard to the above are invited and maybe filed with the Small Business Admin-istration on or before February 18, 1975.All correspondence shall be addressed to:

Gene P. VanArsdale, DirectorSize Procedures Study ProjectSmall Business Administration1441 L Street NW.Washington, D.C. 20416

Dated: January,13,1975.

LouIs F. LAUN,Chairman,

Size Appeals Board.

[FU Doc.16-1582 fled 1-15-75;8:45 am]

NOTICES

SELECTIVE SERVICE SYSTEM'RECONCILIATION SERVICE ,MANUAL

Notice of AvailabilityThe Reconciliation Service Manual is

an internal manual of the Selective Serv-ice System. It transmits procedures forthe administration of the program is rec-onciliation services by returnees in ac-cord with the President's program to af-ford reconciliation to Vietnam era draftevaders and military deserters.

This manual may be examined In theoffice of any State Director of SelectiveService or at the National Headquarters,Selective Service System, 1724 F Street,NW., Washington, D.C. It may be pur-chased from the Superintendent of Docu-ments, Government Printing Office,Washington, D.C. 20402. The price of asubscription Is $18.75 ($4.75 additionalfor foreign postage). The Superintendentof Documents catalogue number isYZ3.SE4:10-2R24/974.

ByeozN V. PsErroNE,Director.

JAIMARa 10, 1975.[R Doc.75-1371 PLied 1-15-75;8:45 am]

DEPARTMENT OF LABOROccupational Safety and Health

AdministrationOREGON STATE STANDARDS

Notice ofiApproval1. Background. Part 1953 of Title 29,

Code of Federal Regulations prescribesprocedures under section 18 of the Occu-pational Safety and Health Act of 1970(hereinafter called the Act) by which theAssistant Regional Directors for Occupa-tional Safety and Health (hereinaftercalled Assistant Regional Director)under a delegation of authority from theAssistant Secretary of Labor for Occupa-tional Safety and Health thereinaftercalled the Assistant Secretary) (29 CPR1953.4) will review ahd approve stand-ards promulgated pursuant to a Stateplan -which has been approved in accord-ance with section 18(c) of the Act and29 CFR Part 1902. On December 28, 1972,notice was published in the =EnnRar Ra-

sra (37 FR 28628) of the approval ofthe Oregon plan and the adoption ofSubpart D to Part 1952 containIng thedecision. The notice of Approval of Re-vised Developmental Schedule wasfurther published on April 1, 1974, in theFDERAL REGISTER (39 FR 11881).

The Oregon plan provides for theadoption of State standards which are atleast as effective as comparable Federalstandards promulgated under section 6of the Act.

Section 1952.108 of Subpart D setsforth the State's schedule for the adop-tion of at least as effective State stand-ards. By letter dated November 7, 1974,from M. Keith Wilson, Chairman, Work-men's Compensation Board to James W.Lake, Assistant Regional Director, andincorporated as part of the plan, the

2885

State submitted proof documents con-cerning Subpart S of Part1910, Title 29,Code of Federal Regulations- Thesestandards, which are contained in Ore-gon Safety Code for Places of Employ-ment, were promulgated by the Stateafter a Notice of Intent was published in-the Department of State's AdministrativeRule Bulletin VoL 13, No. 23 dated June 1,1974. No iequest for a public hearing wasreceived.

2. Dedsion Having reviewed the Statesubmission In cdmparison with the Fed-eral standards, it has been determinedthat the State standards are at least as-effective as the comparable Federalstandards. The detailed standards com-parison is available at the locationsspecified below.

3. Location of supplement for inspec-tion and copying. A copy of the standardssupplement, along with the approvedplan. may be inspected and copied duringnormal business hours at the followinglocations: Office of the Assistant Re--glonal Director, Occupational Safety andHealth Administration, Room 1813,Smith Tower Building. 506 Second Ave-nue, Seattle, WA 98104; Workmen's Com-pensation Board, Labor and IndustriesBuilding, Room 204, Salem, OR? 9'310;and Office of the Associate Assistant See-retarY for Regional Programs, Room 850,1726 M Street NW., Washington D.C.20210.

4. Public Participation. Under § 1953.2(c) or 29 CFR Part 1953. the AssistantSecretary may prescribe alternativeprocedures to expedite the review processor for other good cause which may beconsistent with applicable laws. The As-sistant Secretary finds that good causeexists for not publishing the supplement;to the Oregon plan as a proposed changeAnd makin the Assistant RegionalDhctorl approval effective upon pub-lication for the following reason.

The standards were adopted in accord-ance with the procedural requirements ofState law which included public com-ment and further public participationwould be unnecessary.

This decision is effective January 16,,1975.

(Sec.8 Pub. L. 91-598, 8n Stat. 1808 (29U.S.C. 657))

Signed at Seattle, Washington, this10th day of January 1975.

Jis W. LAF,Asstant RegionaZ Directmor.

[FR Doc.75-1452 Filed 1-15-75;8:45 am]

'STANDARDS ADVISORY COMMITTEE ONMARINE TERMINAL FACILITIES

Notice of Meeting

Notice Is hereby given that a Stand-ards Advisory Committee on MarineTerminal Facilities, established undersection 7(b) of the WIlliams-Stelger Oc-cupational Safety and Health Act of 1970(29 U.S.C. 656), will meet on Tuesday,February 11; Wednesday, February 12;

FEDERAL REGISTER, VOL 40, NO. 11-HURSDAY, JANUARY 16, 1975

2886

and Thursday, February 13, 1975, start-ing at 9 a.m. in the Gold Room, RoyalInn Motel, 18220 Pacific Highway South,Seattle, Washington 98118. The meetingwill be open to the public.

The Standards Advisory Committee onMarine Terminal Facilities will continuereview of the proposed safety regula-tions for longshoring, with respect tomarine terminal facilities, for the pur-pose of making recommendations to theAssistant Secretary of Labor for Occu-pational Safety and Health.

,Written data, views, or comments maybe filed, together with 20 duplicate copiesthereof, with the Committee Manage-ment Officer by close of business Janu-ary 31, 1975. Any such submissions willbe provided to the members of the Com-mittee and will be included in the recordof the meeting. -

Persons wishing to make an oralpresentation to the Committee shouldsubmit a written request to be heard tothe Committee Management Officer nolater than the close of business Jan-uary 31, 1975. The request must containthe name of the person who wishes tomake a presentation, whom he repre-sents, a short summary of the intendedpresentation, and an estimate of theamount of time that will be needed. Oralpresentations will be scheduled at the dis-cretion of the Committee Chairman.

Communications should be addressedto:Joanne L. GoodellCommittee Management OfficeUS. Department of Labor

Occupational Safety and Health Administra-tion

17260 A Street, N.W. Room 200Washington, D.C. 20210Phone: 202/961-2248, 3181

Signed at Washington, D.C., this 10thday of January 1975.

JOIW STENDER,Assistant Secretaryof Labor.

[FR Doc.75-1453 Filed 1-15-75;8:45 am]

COMMISSION ON THE REVIEW OFTHE NATIONAL POLICY TOWARDGAMBLING

MEETINGS AND HEARINGSPursuant to the provisions of the Fed-

eral Advisory. Committee Act (Pub. L.92-463, 86 Stat. 770), notice is herebygiven that the Commission on the Re-view of the National Policy Toward Gam-bling, established under the authorityof section Pub. L. 91-452, Part D, sec.804-808 of the Organized Crime ContrelAct of 1970, will meet on February 4-5,1975, In Room G308 of the Dlrksen Sen-ate Office Building, and will'hold hear-ings on February 19-20, 1975, in .Room1202 of the Dirksen Senate Office Build-ing, Washington, D.C.

The purpose of the hearings on Febru-ary 4-5 is to conduct an orientation ofnewly appointed Congressional Membersand to discuss and decide the contents ofthe Commission's First Interim Report.

The purpose of the meetings on Febru-ary 19-20 is to elicit testimony from

NOTICES

organized sports directors asid playerrepresentatives regarding the feasibilityof legalized sports betting.

The meetings and hearings of theCommission will be open to the public,and interested persons are invited toattend. The rules of procedure for per-son or persons presenting matters to theCommission are the same as those pre-viously published by this Commission inthe FEDERAL REGISTER.

-JAMEs E. RITCmz,Executive Directdr.

(FR Doc.75-1538 Filed 1-15-75;8:45 am]

INTERSTATE COMMERCECOMMISSION[Notice No. 674]

ASSIGNMENT OF.HEARINGSJANuAxY 13, 1975.

Cases assigned, for hearing, postpone-ment, cancellation, or oral argument ap-pear below and will be published onlyonce. This list contains prospective as-signments only and does not include casespreviously assigned hearing dates. Thehearings will be on the Issues as pres-ently reflected in the Official Docket ofthe Commission. An attempt will be madeto publish notices of cancellation of hear-ings as promptly as possible, but inter-ested parties should take appropriatesteps to insure that they are notified ofcancellation or postponements of hear-ings in which they are interested. Noamendments will be entertained after

.the date of this publication.FF-29 Sub 2, Florida-Te=s FTreight, Inc., now

assigned February 3, 1975, at New York,N.Y., will be held in Room A-238, Court ofClaims, 26 Federal Plaza.

I&S 8998, Coal, Southwestern, Western TrunkLine & Central Territories and FSA 42890,Coal From Illinois, Indiana, Kedtucky,and Missouri; -now assigned February 4,1975, at Chicago, lL., will be held on The3rd Floor, 230 S. Dearborn St.

MC 128270 Sub- 8, Rediehs Interstate, Inc.,now assigned February 7, 1975, at Chicago,Ill., will be held on The 3rd Floor, 230 S.Dearborn St.

MC 29079 Sub 72, Brada Miller Freight Sys-tem, Inc., now assigned February 10, 1975,at Chicago. Ill., will be held in Room,1086A, Everett McKinley Dirksen Bldg.. 210S. Dearborn St.

MC-F-12232, Cordin Motor Freight, Inc.-Control and Merger-R. T. Skewes FreightLines, Inc., now assigned February 12, 1975,at Chicago, Ill, will be held In Room1086A, Everett McKinley Dfrksen Building,219 S. Dearborn St.

MC-F-12090, Cedar Rapids Steel Transpor-tation, Inc-Purchase--The KinnisonTrucking Company, lC 114273 Sub 168,Cedar Rapids Steel Transportation, Inc.,now assigned January 15, 1975, at Colum-bus, Ohio, Is postponed to a date to behereafter fixed.

MC 61592 Sub 320, Jenkins Truck Line, Inc.,now assigned January 19, 1975, at Chicago. .Ill., will be held In Room 1086A, EverettMcKinley Dirksen Building, 219 S. Dear-born St.

MC 107515 Sub 892, Refrigerated TransportCo., now assigned January 20, 1975, atChicago, Ill., will be held in Room 1086A,Everett McKinley Dirksen Building, 219S. Dearborn St.

MC 124170 Sub 38, Prostway, Inc., MO 124170Sub 41, now assigned January 24, 1975, atChicago, Ill., will be hold In Room 1080A,Everett Mcoinley Dirksen Building, 219 S.Dearborn St.

[ESAL] ROBERT L. OSWALD,Secretary.

[IF Doo.75-1660 Filed 1-15-75.8:45 am)

[Fifth Relvsed Exemption No. 91;: i PartoNo. 2411

ATLANTA AND WEST POINT RAILROADCO. ET AL.

Exemption Under Mandatory Car ServiceRules

It appearing, that the United Statesrailroads own numerous plain 50-ft. box-cars; that under present conditions, thereis virtually no demand for these cars onthe lines of the car owners; that returnof these cars to the car owners would re-sult in their being stored idle on theselines; that such cars can be used by othercarriers for transporting traffic offeredfor shipments to points remote from thecar owners; and that compliance withCar Service Rules 1 and 2 prevents suchuse of plain boxcars owned by theUnited States railroads, resulting In un-necessary loss of utilization of such cari,

It is ordered, That pursuant to the au-thority vested in me by Car Service Rule19, plain 50-ft. boxcars described in theOfficial Railway Equipment Register,I.C.C. R.ER. No. 393, issued by W. J.Trezise, or successive issues thereof, auhaving mechanical designation XM, andbearing all reporting marks assigned tothe United States railroads, shall beexempt from the provisions of Car Serv-ice Rules l(a), 2(a), and 2(b). (See Ex-ception.)

Exception, This exemption shall nobapply to 50-ft. plain boxcars owned bythe railroads named below:Atlanta and West Point Railroad Company

Reporting marks: AWPBangor and Aroostook Railroad Company

Reporting marks! BARCentral Vermont Railways, Inc.

Reporting marks: CV-OVODuluth, Winnipeg and Pacific Railway

Reporting marks: DWPIllinois Central Gulf Railroad Company

Reporting marks: ICG-CLG-GMO-I0The Kansas City Southern Railway Company

Reporting marks: KOS-LALehigh Valley Railroad Company (John P.

Nash and Robert 0. Haldeman, Trustees)Reporting marks: LV

Maine Central Railroad CompanyReporting marks: MEC

St. Louis Southwestern Railway CompanyReporting marks: SSW

Southern Pacific Transportation CompanyReporting marks: SP

The Western Pacific Railroad CompanyReporting marks: WP

The Western Railway of AlabamaReporting marks: WA

Effective January 3, 1975, and con-tinuing in effect until further order Ofthis Commission.' Issued at Washington, D.C., Janu-ary 3, 1975.

INTERSTATE CoMrEsaoz,COMMSION,

[sErL] R. D. PFALEnR,Agent.

[FR Doc.7-1655 Filed 1-15-76;8:45 am]


[Fourth Revlsed Exemption No. 91; ExParto Issud at -Washngtoni, D.C., Decem-No.241] ber 31,1974.

[Thfrd Revlsed-Exemptlon No. 91; Ex ParteNo_241]

ATCHISON, TOPEKA AND SANTA FERAILWAY CO. ET AL

ATCHISON, TOPEKA AND SANTA FERAILWAY CO. ET AL

Exemption Under-Mandatory Car Service Exemption Under Mandatory Car ServiceRules Rules

It appearing, That the raiLroadsnamed herein own numerous plain 50-ft. boxcars; that under present condi-tions' there is virtually no demand forthese cars on the lines of the car owners;that return of these cars to the carowners would result in their being storedidle on these lines; that such cars can.be used by other carriers for trans-porting'traffic offered for shipments topoints remote from the car owners; andthat compliance with Car ServiceRules, 1 and 2 prevents such use of plainboxcars owned by the railroads listedherein, resulting in unnecessary loss ofntlization of such cars.

It is ordered, That pursuant to the au-thority vested in me by Car Service Rule19, plain 50-ft., boxcars described in theOfficial Railway Equipment Register,I.C.C.. RX.ER. No. 393, issued by W. J.Trezise, or successive issues thereof,'as"having mechanical designation XM, andbearing reporting marks assigned to therailroads named- below, shall be exemptfrom the -provisions of Car Service Rules1(a), 2(a)-, and2(b).The Atchison, Topeka and Sante Fe Ralroad

CompanyReporting marks: ATSP

Atlanta _& Saint Andrews Bay, RailwayCompany

Reporting marks: ASABBurlington Northern Inc.

Reporting marks: BN-CBQ-GN-NP-SPSIllinois Terminal Railroad Company'

Reporting marks: ITCAilssourl-Kabsas-Texas Railroad Company

Reporting marks: MKT-BKTY11issouri Pacific Railroad Company

I Reporting marks: 1P-GEI-M-TPNorfolk and Western Railway Company

Reporting marks: NW-NKP-WABSeabotrd Coastline Railroad Company

- Reporting marks: SCL-ACL-SALSouthern Railway Company

Reporting marks: SOU-CG-NSThe Akron, Canton & Youngstown Railroad

CompanyReporting marks: ACY

-The Pittsburgh and Lake Eie RailroadCompany

Reporting marks: PLEUnion Pacific RailroadCompany

Reporting marks: -UPEffective December 24, 1974, and con-

tinuing in effect, until further order ofthis Commission. "

Issued at Washington, D.C., Decem-ber 24,1974.

INTERSTATE COaranCECoamnzssbo ,

[sEAL] R. D. PFAHLER,, Agent.

=F5ed 1-15-758:46 am]

mAddition,

It appearing, that the railroads namedherein own numerous plain 50-ft. box-cars; that under present conditions,there is virtually no demand for thesecars on the lines of the car owners; thatreturn of these cars' to the car ownerswould result in their being stored Idleon these lines; that such cars can be usedby other carriers for transporting traf-fic offered for shipments to points remotefrom the car owners; and that com-pliance with Car Service Rules 1 and2 prevents such use of plain boxcarsowned by the railroads listed herein,resulting in unnecessary loss of utilza-tion of such cars.

It is ordered, That pursuant to theauthority vested In me by Car ServiceRule 19, plain 50-ft. boxcars describedin the Official Railway Equipment Regis-ter, I.C.C. R.E.R. No. 393. issued byW. J. Trezise, or successive issues thereof,as having mechanical designation XM,and bearing- reporting marks assignedto the railroads named below, shall beexempt from the provisions of Car Serv-ice Rules 1(a), 2(a), and 2(b). *The',Atchizon, Topeka and Santa Fo Railway

CompanyReporting marks: ATSP

Atlanta & Saint Andrews Bay Railway Com-pany

Reporting marks: ASABBurlington Northern Inc.

Reporting marks: BN-CBQ-GN-Np--SPSChicago and North Western Transportation

Company'Reporting marks: CNW-CGW-CmO-

Chicago. Milwaukee, St. P'aul and PacificRailroad Company 2

Reporting marks: MILWVIllinois Terminal Railroad Company

Reporting marks: ITOMls0urL-Xansa-Texa=s Railroad Company

Reporting marks: L=T-BKTYXiissourl Pacific Railroad Company

Reporting marks: MP-CEI-M-TPNorfolk and Western Railway Company. Reporting marks: NW-NE:P-WABSeaboard Coast Line Railroad Company

Reporting marks: SCL-ACL-SALSouthern Railway Company

Reporting marks: SOU-CG-NS-The Akron. Canton & Youngstown Railroad

CompanyReporting marks: ACY

The Pittsburgh and T e R allroad Cora-pany

Reporting marks: PLEUnion Pacific Railroad Company

Reporting marks: 'P'

Effective December 31, 1974, and con-tinuing in effect until further order ofthis Commisgion.

lAddltons.

oIZMSA Carinssrogr,

rSM3x~ I. D. PrAMER~,Age t.

I[R D=75-1554 Pled 1-15-75:8:45 anal

FOURTH SECTION APPICATION FORRELIEF

JANTAR 13, 1975.An application, as summarized below,

has been fled requesting relief from therequirements of section 4 of the Inter-state Commerce Act to permit commoncarriers named or described in the ap-plication to maintain higher rates andcharges at intermediate points thanthose sought to be established at moredistant points.

Protests to the granting of an applica-tion must be prepared in accordance withRule 40 of the general rules of practice(49 QFR 1100.4) and fled by Janu-ary 31, 1975.

FSA No. 42926--Sulphuric Acid toPoints in Southern, Territory. Filed bySouthwestern Freight Bureau, Agent

q(No. B-504). for interested rail carriers.Rates on acid, sulphuric, in tank-carloads, as described in the application,from points in. Arka isas, Louisiana,Oklahoma, and Texas, to points insouthern territory.

Grounds for relief-Rate relationship,revision of minimimn weights.

TarIffs--Supplements 195,178, and 158to Southwestern Freight Bureau, Agent,tariffs 34, 38-D, and 357-B1, C.C.c. Nos.4923, 5044. and 5019, respectively. Ratesare Published to become effective onFebruary 13, 1975.

By the Commission.

Isal Rosun. L. OswAw,I Secretary.

IPR Doc.'75-1557 Filed 1-15-75;8:45 am]

[Rov. I.C.C. NTo. 131, Rev. 6.0. NO. SS4]

BALTIMORE AND OHIO RAILROAD CO.Rerouting ir Diversion of Traffic

In the opinion of R. D. Pfahler, Agent,The Baltimore and Ohio Railroad is unL-able to transport freight cars withdimensions in excess of Plate a, routedover Its line between Parkersburg, WestVirginia and Zanesville, Ohio because oftrack damage.

It is ordered, That:(a) Rerouting trafflc. The Baltimore

and Ohio Railroad Company, being un-able to transport freight cars withdimensions In excess of Plate C, routedover Its line between Parkersburg, WestVirginia and Zanesville, Ohio, becauseof track damage, Is hereby authorized todivert or reroute such traffic over anyavailable route to expedite themovement.


I NOTICES 2887

NOTICES

(b) Concurrence of. receiving road tobe obtained. The Baltimore and OhioRailroad Company, in rerouting cars Inaccordance with this order, shall receivethe concurrence of other railroads towhich such traffic Is to be diverted or re-routed, before the rerouting or diversionis ordered.

(c) Notification to shippers. The Balti-more and Ohio Railroad Company, whenrerouting cars in accordance with thisorder, shall notify each shipper at thetime each shipment Is rerouted or di-verted and shall furnish to such shipperthe new routing provided under thisorder.

(d) Inasmuch as the diversion or re-routing of traffic is deemed to be due tocarrier disability, the rates applicable totrafficdiverted or rerouted by said Agentshall be the rates which were applicableat the time of shipment on the shipmentsas originally routed.

- (e) In executing the directions of theCommission and of such Agent providedfor in this order, the common carriersInvolved shall proceed even though nocontracts, agreements, or arrangementsnow exist between them with referenceto the divisions of the rates of transpor-tation applicable to said traffic; divisionsshall be, during the time this order re-mains in force, those voluntarily agreedupon by and between said carriers; orupon failure of the carriers to so agree,said divisions shall be those hereafterfixed by- the Commission in accordancewith pertinent authority conferred uponit by the Interstate Commerce Act..

S(f) Effective date. This order shall be-come effective, at 11:59 p.m., January 5,1975.

(g) Expiration date. This order shallexpire at 11:59 pm., July 5, 1975, unlessotherwise modified, changed, or sus-pended.

It is further ordered, That this ordershall be served upon the Association ofAmerican Railroads, Car Service Divi-sion, as Agent of all railroads subscribingto the car service and car hire agree-ment under the terms of that agreement;and upon the American Short Line Rail-road Association; and that it be filed withthe Director, Office of the FederalRegister.

Issued at Washington, D.C., Decem-ber 31, 1974.INTERSTATE CORMERCE

CO=IISSION,(SEAL] R. D. PFAHLER,

Agent.[FR Doc.75-1558 Filed 1-15-75;8:45 am]

(ROv. I.O.0. 0. 126,'Amdt. 3; Rev. S.O. 9941PENN CENTRAL

Rerouting or biversion of TrafficUpon further consideration of Revised

I.C.C. Order No. 126 (Penn Central, Rob-ert W. Blanchette, Richard C. Bond, andJohn H. McArthur, Trustees) and goodcause appearing therefor:

It is ordered, That.Revised I.C.C. Order No. 126 be, and

It Is hereby, amended by substituting the

following paragraph (g) for paragraph(g) thereof:

(g) Expiration date. This order shallexpire at 11:59 p.m., July 15, 1975, un-less otherwise modified, changed, orsuspended.

It is further ordered, That this amend-ment shall become effective at 11:59 pm.,January 15, 1975, and that this ordershall be Served upon the Association ofAmerican Railroads, Car Service Divi-sion, as agent of all railroads subscribingto the car service and car hire aggreenentunder the terms of that agreement, andupon the American Short Line RailroadAssociation; and'that it be filed with the'-Director, Office of the Federal Register.

Issued at Washington, D.C., January 6,1975.

INTERSTATE CO=ILERCEComnuss oiN

[SEAL] R. D. PFAHLER,Agent.

[FR Doc.75-1559 Filed i-15-75;8:45 am]

[Notice No. 41

MOTOR CARRIER TEMPORARY* AUTHORITY APPLICATIONS , .

JANUARY 9,1975.* The following are notices of filing ofapplication; except as otherwise sp'ecifi-cally noted, each applicant states thatthere will be no significant effect on thequality of the human environment , re-suilting from approval of its application,for temporary authority under Section210a(a) of the Interstate Commerce Actprovided for under the new rules of ExParte No. MC-67 (49 CFR Part 1131)published in the FEDERAL REGISTER, issueof April 27, 1965, effective July 1, 1965.These rules provide that protests to thegranting of an application must be filedwith the field official named in the FED-ERAL REGISTER publication, within 15calendar days-after the date of notice ofthe filing of the application is publishedin the FEDERAL REGISTER. One copy ofsuch protests must be served on the ap-plicant, or its authorized representative,if any, and the protests must certify thatsuch service has been made. The pro-tests must be specific as to the servicewhich such protestant can and will offer,and must consist of a signed original andsix (6) copies.

A copy of the application is on file,and can be examined at the Office of theSecretary, Interstate Commerce Com-mission, Washington, D.C., and also in-field office to which protests are to betransmitted.

MOTOR CARRIERS OF PROPERTYNo. MC 40978 (Sub-No: 24TA), filed

January 6, .1975. Applicant: CHAIRCITY 'MOTOR EXPRESS COMPANY,3321 Business 141 South Sheboygan,Wis. 53081. Applicant's representative:William C. Dineen, 710 N. PlankintonAvenue, Milwaukee, Wis. 53203. Au-thority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: New furniturefrom Muscatine, Iowa, to points in ]1-

linois and points in Indiana within theChicago, Ill., Commercial Zone, for 180days. Supporting shipper: Hon Indus-tries, Inc., 414 East Third Street, Mus-catine, Iw (Ronald P. Darnall). Sendprotests to: John E. Ryden, DistriotSupervisor, Interstate Commerce Com-mission, Bureau of Operations, 135 WestWells Street, Room 807, Milwaukee,Wis. 53203.

No. MC 96855 (Sub-No. 5TA), filedJanuary 7,1975. Applicant: REFRIGER-ATED DELIVERY SERVICE, INC., 45 S.Fulton, P.O. Box 50247, Tulsa, Okla,74150. Applicant's representative: V.Langenberg (same address as applicant).Authority sought to operate as a com-mon carrier; by motor vehicle, over ir-regular routes, transporting: Meat,products, meat by-products, dairyproducts and articles distributed by meatpackinghouses, as described in SectionsA, B, and C of Appendix I to the reportin Descriptions in Motor Carrier Cer-"tificates, 61 M.C.C. 209 and 766 (excepthides and commodities in bulk, In tankvehicles), Foodstuffs, from OklahomaCity, Okla., to points in Oklahoma, re-

'stricted to traffic having a prior out ofstate movement. 'Supporting shippers:Cludahy Foods Co., James T. Ferguron,T. M., 2300 N. Broadway, Wichita,Xans., John Morrell & Co., Robert L. Lee,Mgr., Rates & Services, 208 S. LaSaUoStreet, Chicago, Il1. 60604. Doskoeli

*Sausage Co., Orvin Miller, Sales Mgr.321 N. Main, South Hutchinson, Xang,Send protests to:, C; L. Phillips, DistriotSupervisor, Interstate Commerce Com-mission, Bureau of Operations, Room240, Old P.O. Bldg., 215 N.W. Third,Oklahbonfa City, Okla. 73102.

No. MC 100439 (Sub-No. 5TA), fiedJanuary 6, 1975. Applicant: DAVID W.HASSLER, INC., R.D. #8, York, Pa,17403. Applicant's representative: Chris-tian V. Graf, 407 North Front Street,Harrisburg, Pa. 17101. Authority soughtto operate as a common carrier, bymotor vehicle, over irregular routes,transporting: Petroleum and petroleumproducts (except petro-chemcals), inbulk, from Baltimore, Md., to pointsAdams, Berks, Centre, Clinton, Cumber-land, Dauphin, Franklin, Huntingdon,Juniata, Lancaster,' Lebanon, Lycom-ing, Mill]in, Northumberland, Perry,Snyder, Union, and York (except Yorkand Red Lion) Counties, Pa., for 180days. Supporting shippers: Spangler Oil.Co., R. #2, Littlestown, Pa.; Eaton Fuel"Service, Inc., Church Street, Stewarts-town, Pa. 17363; R. A. Bair Oil Service,RD. #2, Seven Valleys, Pa.: Aero OilCompany, 230 Lincoln Way E., New Ox-ford, Pa. 17350; Gerry McCullough &Company, 100 W. Penn StreetANew Free-dom, Pa. 17349; The Sico Company, 15Mt. Joy Street, Mt. Joy, Pa. 17552. Sendprotests to: Robert P. Amerine, DistrictSupervisor, Bureau of Operations, Inter-state Commerce Commission, 278 Fed-eral Bldg., P.O. Box 869, Harrisburg, Pa,17108.

No. MC 107496 (Sub-No. 978TA) (Cor-rection), filed December 16, 1074, pub-lished In the FEDERAL REISTRn issuo of


2888

NOTICES

January 6, 1975, and republished as cor-rected this issue. Applicant: RUANTRANSPORT CORPORATION, Thirdand Keosauqua Way, Des Moines, Iowa..50309. Applicant's representative: E.Check (same address as applicant). Au-thority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: VinyZ acetate, inbulk, in tank vehicles, from Smithfield,Ky., to Clinton, Iowa, for 180 days. Sup-porting shipper: Chemplex Company,Rolling MeadoVS,' Ill. 60008. Send pro-tests to: Herbert W. Allen, District-Su-pervisor,-o Bureau of Operations, Inter-state Commerce Commission, 875 Fed-eral Building, Des Moines, Iowa 50309.

NoTs-Th& purpose of this republicationis 'to Include Chemplex Company, nollingMeadows,-111. 60008"as the supporting ship-per -which was previously omitted, the restof the application will remain the same.

No. MC 111401 (Sub-No. 439TA), filedJanuary 6, 1975. Applcant - GROEN-DIKE TRANSPORT, INC., 2510 Rock

Rsland Blvd., P.O. Box 632, Enid, Okla.73701. Applicant's representative: VictorR.. Comstock (same address as appli-cant). Authority sought to operate asa common carrier, by motor vehicle, over'liregular routes, transporting: InedibleTallow, in bilik, in tank vehicles, fromthe plantsite and/or facilities of Cha-parral Packing Company, Inc,' near Las-Cruces, N. Mex., to San Angelo, Ft.Worth, Dallas, and Tornillo, Tex., for180 days. Supporting shipper: ChaparralPacking Company, Inc., J- Haivey Lewis,President, .Rt. 1, Box 1850; Las Cruces,N. Mex. 88001. Send protests to: Q., L.Phillips, District Supervisor, InterstateCommerce Commission, Bureau of Oper-ations, Room -240, Old P.O. Bldg., 215NW.Third, Oklahoma City, Okla. 73102.

No. MC 111401. (Sub-No. 440TA), filedJanuary' 7, 1975. Applicant: GROEN-DYkE TRANSPORT, INC., -2510 RockIsland Blvd., P.O. Box 632, Enid, Oka.73701. Applicant's representative: VictorR. Comstock (same address as apPli-"ant). Authority sought to. operate asa common carrier, by motor vehicle, overlirgular routes, transporting- Chemi-

. cals,.in bulk, in tank yehicles, from theplantsite of Dow Chemical U.SA. nearPlaquemine, to points of entry on theInternational Boundary line between theUnited States and Mexico, located inTexas in foreign commerce only, for 180days. Supporting shipper: Dow ChemicalU.ZA, A. R. Mills, Supervisor TrafficServices, Louisiana Division, Plaque-mine, La. 70764. Send protests to: C. L.Phillips, District Supervisor, InterstateCommerce Commission, Bureau of Oper-aions, Room 240, Old P.O. Bldg., 215NW. Third, Oklahoma City, Okla. 73102.

No. MC 113024 (Sub-No. 132TA) (Cor-rection), filed November .12, 1974, pub-lished in the FEAL REGISTER Issue ofNovember 21, 1974; and republished ascorrected-this issue. Applicant: ARLING-TON J. WILLIAMS, INC., R.D. 2, SouthDu Pont Highwiy, Smyrna Del. 19977.A]plicant's' reprentative: Samuel W.Earnsllaw, 833 Washington Building,

Washington, D.C. 20005. Authority Soughtto overate as a contract carrier, by motorvehicle, over irregular routes, transport-ing: Carbon blac, In bags, from Evange-

line Parish, La., to McCook, Nebr., andWilmington, Del, for the account of Eec-trc Hose and Rubber Company, Wilm-ington, DeL, for 180 days. Supportingshipper: 'Fred H. Evlck, Director of Dls-tribution, Electric Hose & Rubber Com-pany, Box 910, Wilmington, Del. 19899.Send protests to: William L. Hughes,District Supervisor, Interstate CommerceCommission, Bureau of Operitions, 814-B Federal Building, Baltimore, Md. 21201.

No=i-The purpose of this repubUcatlonIs to change the origin from Scagraveis, Tex,to- Evangeline Parish, La., which %ms pub-lished in error.

No. MC 113024 (Sub-No. 133TA) (Cor-rection), filed November 26, 1974, pub-lished n the FEDERAL REGISTER Issues ofDecember 9,1974, and December 23,1974,and republished as corrected this Issue.Applicant: ARLINGTON J. WILLIAMS,INC., R.D. 2, S. Dupont Highway, Smyr-na, Del. 19977. Applicant's representative:Samuel W. Earnshaw-, 833 WashingtonBuilding, Washington, D.C. 20005. Au-thority sought to operate as a contractcarier, by motor vehicle, over Irregularroutes, transporting: Carbon blae, inbags, from Seagraves, Tex., to McCook,Nebr., and Wilmington, Del., for the ac-count of Electric Hose & Rubber Com-pany, Wilmington, Del., for 180 days.

No=-The purpose of this republicationIs -to change the orlgin to Seagraves, Tex.,in lieu of Evangeline Parish, which ws pub-lished in the 1m"mA R mts in error. Therest of the application will remain the same.

No. MC 116459 (Sub-No. 52TA), filedJanuary 6. 1975. Applicant: RUSSTRANSPORT, INC., P.O. Box 4022, Chat-tanooga, Tenn. 37405. Applicant's epre-sentative: Sam Speer (same address asapplicant). Authority sought to operateas a common carrier, by motor vehicle,over Irregular routes, transporting: #5and #6 Fuel Oil and residual products(fuel oil), in bulk, in tank vehicles, from

Chattanooga, Tenn., to Stevenson, Hunts-ville, Scottsboro, Ragland, and Gadsden,Ala., for 180 days. Supporting shipper:General Oils, Inc., P.O. Box 68, Chatta-nooga, Tenn. 37401. Send protests to:Joe J. Tate, District Supervisor, Bureauof Operations, Interstate CommerceCommission, A-422 U.S. Court House,Nashville, Tenn. 37203.

No. MC 125135 (Sub-No. ITA), filedJanuary 2, 1974. Applicant: RONALD E.SWANNER, doing business as SWANNERTRANSFER CO., 3445 Aronov Avenue,Montgomery, Ala. 36108. Applicant's rep-resentative: Alan F. Wohstetter, Den-ning & Wohlstetter, 1700 K Street, NW.,Was ington, D.C. 20006. Authority soughtto operate as a common carrier, by motorvehicle, over Irregular routes, transport-Ing: Used household goods, betweenpoints in Autauga, Bullock, Butler, Chll-t 6n, Coosa, Crenshaw, Elmore, Lowndes,Macon, Montgomery, Perry, Tallapoosa,and Wilcox Counties, Ala., restricted to

the transpartatibn of traffic having aprior or subsequent movement, in con-tainers, and further restricted to the per-formanco of pickup and delivery.servicein connection with packing, crating, andcontainerization, or unpacking, uncrat-Ing, and decontainerization of such traf-fic, for 180 days. Supporting shippers:Richardson Forwarding Company, 992East Artesia Boulevard, Long Beach,Calif. 90806; American Ensign Van Serv-Ice, Inc., 23S0 Pacific Avenue, Suite D,Long Beach, Calif., 90806, API WorldwideForwarders, Inc., 335 Valencia Street,San Francisco, Calif. 94103; ContinentalForvarders, Inc., 105 -Leonard Street,New York, N.Y. 10013. Send protests to:Clifford W. White, District Supervisor,Bureau of Operations, Interstate Com-merce Commission, Room 1616-2121Bldg., BLrmin hm, Ala. 35203.

No. MC 128375 (Sub-No. 126TA), filedJanuary 7, 1974. Applicant: CRETECARRIER CORPORATION, P.O. Box21228, Lincoln, Nebr. 68501. Applicant'srepresentative: Duane W. AcklIe (sameaddress as applicant). Authority soughtto operate as a contract carrfier, by motorvehicle, over Irregular routes, transport-ing: Tobacco products and related items(except cigarettes and commodities inbulk), from Owensboro, Ky., and its con-merclal zone to Tulsa, Okla., and is com-mercial zone, for 180 days. Supportingshipper: W. R. Suitt, Director of Distri-bution, Liggett & Myers, Incorporated,Box 3868, Duram, N.C. 27702.Send pro-tests to: Max H. Johnston, DistrictSupervisor, 320 Federal Building & CourtHouse, Lincoln, Nebr. 68501.

No. MC 128831 (Sub-No. T!A) (Cor-rection), filed December 10, 1974, pub-lished n the FPERAL REzIsTR issue ofDecember 23, 1974, and republished ascorrected this Issue. Applicant: DIXONRAPID TRANSFER, INC., East RiverRoad, Dixon, IlL 61021. Applicant's rep-resentative: Robert H. Levy. 29 SouthLa Salle, Chicago, Ill. 60603. Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Pipe and duct used inheating, cooling, air conditioning, andexhaust systems, and' materials and sup-Plies used in the installation thereof, andbuilding construction wall sections and&accessories and parts used in the instal-lation thereof, from the pl]ntsite ofUnited Sheet Metal Division of UnitedMcGill Corp., at Westerville, Ohio, topoints In Nebraska, Indiana, Iowa,MIchigan, Missouri, Minnesota, and Wis-consin, for 180 days. Supporting shipper:United Sheet Metal Division of UnitedMcGill Corp., 200 E. Broadway, Wester-ville, Ohio 43081. Send protests to:Charles R. Nesmith, Interstate CommerceCommission. Bureau of Operations, Ever-ett McKinley DIrksen Building, 219 SouthDearborn Street, Room 1086, Chicago,31L 60604. The purpose of this republica- -tion Is to add the states of Michigan,Missouri, Minnesota, and Wisconsin asdestination points.

No. MC 129513 (Sub-No. 17TA), filedJanuary 7, 1975. Applicint: ARTHUR

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H. FUTTON, P.O. Box 8e, Stephens City,Va. 22655. Applicant's representative:Charles E. Creager, Esq., 1329 Pennsyl-vania Avenue, P.O. Box 1417, Hagers-town, Md. 21740. Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-Ing: Malt beverages from Pittsburgh, Pa.,to Winchester. Va., for 180 days. Sup-porting shipper: Dearing Beverage Co.,Inc., Paper Mill Road, Winchester, Va.22601 for 180 days. Send protests to:W. C. Hersman, District Supervisor,Room 317, Bureau of Operations, Inter-state Commerce Commission, 12th &Constitution Avenue NW., Washington,D.C. 20432.

No. MC 129613 (Sub-No. 18TA), filedJanuary 7, 1975. Applicant: ARTHURH. FULTON, P.O. Box 86, Stephens City,Va. 22655. Applicant's representative:Charles E. Creager, Esq.. 1329 Pennsyl-vania Avenue. P.O. Box 1417, Hagers-town, Md. 21740. Authority sought tooperate as a common carrier, by motorvehicle, over Irregular routes, transport-ing: Wooden blocks or cradles, betweenClark County, Va., to Kearney. N.J., andBaltimore, Md., for 180 days. Supportingshipper: D. M. Diggs, d.b.a. J. C. Diggs& Sons, White Post, Va. 22633. Send pro-tests to: W. C. Hersman, Bureau of Op-erations, Interstate Commerce Commis-sion, Room 317, 12th & ConstitutionAvenue NW.. Washington, D.C. 20432.

No. MC 136267 (Sub-No. 3TA), filedDecember 30, 1974. Applicant: BELSPRODUCE CO., INC., -11357' ViennaRoad, P.O. Box 348, Montrose, Mich.48459. Applicant's representative: An-drew J. Haliw I1, 22375 Haggerty Road,P.O. Box 400, Northville, Mich. 48167.Authority sought to operate a a. common.carrier, by motor vehicle, over irregularroutes, transporting: Return. unsaleablefruit juices in glass and replace-with fruitjuices in glass, between New- BaltimoreMich., on the one hand, and, on theother, the plantsite and facilities ofBoden Products, Inc., at or near Frank-lin Park, Il.,, for 18Q days. Supportingshipper: Boden Products, Inc., NationalSales Manager, John Bergstrom, 3333 N.Mt. Prospect Road, Franklin Park, Ill60131. Sendprotests to: Melvin F. Kirsch.District Supervisor, Interstate CommerceCommission, Bureau of Operations, 1110.Broderick Tower, 10 Witherell. Detroit,Mich. 48226.

No, MC 140467 (Sub-Na. ITA), fileaJanuary 3, 1975. Applicant: GREATSOUTHERN HAULING, INC., 3600'PineForest Drive SE., Atlanta, Ga. 30354.Applicant's representative: John IGoins, Jr. (same address as, applicant).Authority sought to operateas a commoncarrier, by motor vehicle, over irregularroutes, transporting: Agricultural" lime,sand, gravel, stone, frorn Jefferson ,Blount, Knox Counties, Tenn. to pointsin Georgia, for .180 days. Supportingshippers:, Jefferson County- Farm,Wrens, Go., E. M. Newsome, Farm.Owner, Stapleton, Ga., L. R. Hobbs andcSon, Stapleton, Ga., 'Stapleton Gin Co.,Stapleton, Ga. Send protests to: William

NOTICES

I,. Scroggs, District Supervisor, Inter-state Commerce Commission, Bureau ofOperations, 1252 W. Peachtree St. NW.,Room 546 Atlanta, Ga. 30309.

PASSENGER APPUCATIOrN

No. MC 140526 (Sub-No. ITA), filedJanuary 6, 1975. Applicant: JI EU-BANKS, doing business as JIM'S CABSERVICE, 721 East Maine, P.O. Box 34,Siloam Springs, Ark. 72716. Applicant'srepresentative: Georgia K. Elrod, P.O.Drawer 580, Siloam Springs, Ark. 72716.Authority sought to operate as a contractcarrier, by motor vehicle, over irregularroutes, transporting: Passengers andtheir baggage, between points in North-west Ark., Northeast Okla., SouthwestMo., and Southeast Kans., under a con-tinuing contract or contracts with Kan-sas City Southern railroad crews, for 180days. Supporting shipper: The KansasCity Southern Railway Company, 114W. 11th Street, Kansas City, Mo. 64105.Send protests to: William H. Land, Jr.,District Supervisor, Interstate CommerceCommission, Bureau of Operations, 2519'Federal Office Building, 700 West Capitol,LittleRock, Ark. 72201

WATER CARRIE ORDER

N-b. W 1282 TA, filed November 15,1974. Carrier: KEY WEST FERRY COR-PORATION, 400 SW. First Avenue, Mi-ami, Fla. 33130. Carrier's representative:Richard B. Austin, 5255 NW. 87th Ave-nue, Miami, Fla. 33166. At a Session ofthe Interstate Commerce Commission,Motor Carrier Board, held at its office inWashington, D.C., on the 26th day ofNovember, 1974, carrier was authorizedto engage in operation, as a commoncarrier by water, transporting: Generalcommodities, trailers, rail cars, or con-tainers, with or without wheels, loadedor empty, and commodities in bulk, be-tween ports in Dade, Broward, and Hills-borough Counties, Fla., on Key Westand. Marathon, Fla., and return, for 180days. Supporting shippers: There areapproximately 21 statements of supportattached to the application, which maybe examined here at the Interstate Com-merce Commission in Washington, D.C.,or copies thereof which may be examinedat the field office named below- Sendprotests to: Bernardine E. Murphy, PalmCoast 11 Building, Interstate CommerceCommission, Bureau of Operations, 5255-NW. 87th Avenue, Miami, Fla. 33166.

[SA] ROBERT L. OswALa,Secretary,

[FE.Doc.75-15E6 FIecrl-15-75;a:&4amy

IRREGULAR-ROUTE. MOTOR COMMON

CARRIERS OF PROPERTY'

ElFmination of Gateway Letter Notices

JANUARY 13-, 1976.The' foIlowing- letter-notices of pro-

posals to eliminate gateways for thepurpose of reducing highway congestion,alleviating air'and noise pollution, min-imizing safety hazards, and conservingfuel have been filed with the InterstateCommerce Commission under the Coin-

mission's Gateway Elimination Rules (49CFR 1065(a), and notice thereof toall interested persons is hereby given asprovided in such rules.

An original and two copies of protestsagainst the proposed elimination of anYgateway herein described may be filedwith the Interstate Commerce Commis-sion by January 27, 1975. A copy mustalso be served upon applicant or its rep-resentative. Protests against the elim-ination of a gateway will not operate tostay commencement of the proposedoperation.

Successively filed letter-notles of thesame carrier under these rules will benumbered consecutively for conveniencein Identification. Protests, if any, mustrefer to such letter-notices by number.

No. MC 3581 (Sub-No. El), filedMay 16, 1974. Applicant: THE MOTORCONVOY, INC., P.O. Box 82432, Hope-ville, Ga. 30054. Applicant's representa-tive: Paul M. Daniell, Suite' 1600. FirstFederal Bldg., Atlanta, Ga. 30303. AU-thority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes transporting: (1) Automobilcgand trucks, tractors, and chassis, in sec-ondary movement, In truckaway anddriveaway service, (a) between pointsin Georgia, on the one hand, and, on thorother, Texarkana, Tex., (b) between'points In North Carolina and South Car-olina, on the one hand, and, on the other,Texarkana, Tex., Cc) between pointa InFlorida, east of the Suwance River, on.the one hand, and, on the other, Texar-kana, Tex., and (d) between points imTennessee on and east of InterstateHighway 75, on the one hand, and. onthe other, Texarkana, Tex. (2) Automflo-biles and trucks, in secondary move-ments, in driveaway and truckaway serv-ice, (a) from points in Florida, east ofthe Apalachicola River, to points In Ken-tucky, (b) from points in Florida, eastof the Apalachicola River, to points InMissouri, Cc) from points in Florida, east.of the Suwanee River, to points in Ar-kansas, (d) from points in Georgia onand south of U.S. Highway 78, to pointsin Kentucky on and west of a line begin-ning at the Kentucky-Tennessee Stateline and extending along U.S. Highway25K to Junction Kentucky Highway 11,thenca along Kentucky Highway 11 to,the Kentucky-Ohio State line. (e) frompoints in Georgia on and south of U.S,Highway 78 to points in Missouri, (1)from points in Georgi9,. on and south ofUIS. Highway 78, to points in Arkansas,(g) from point& in South Carolina, tapoints, in Missouri, Ch) from points inSouth Carolina, to points in Arkansas. (i)from points in North Carolina. to pointsin Arkansas, (J) from points In NorthCarolina on. and east of U.S. Highway 1,to points in Missouri, (k), from Norfolk,Va., to points in Arkansas.

(3Y Automobile and trucks, In second-ary movements, In driveaway and truck-away service, (a) between points in WestVirginia, on the one hand, And, on theother, points in Tennessee, South Car-olina, Georgia, Alabama, Florida, and

fEDERAL REGISTER,, VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

NOTICES

Mississippi,' (b) between points in Vir-ginia on and east of US. Highway 52, on

-the one hand, and, on the other, points inTennessee, South Carolina, Georgia, Al-abama, Florida, and Mississippi, .(c)from those points in South Carolina onand south of US. Highway 78, to thosepoints in Kentucky on and west of a linebeginning at the -Kentucky-TennesseeState line extending along U.S. Highway127 to junction U.S. Highway 68, thence

-along U.S. Highway 68 to junction US.Highway 25, thence along U.S. Highway25 to the Kentucky-Ohio State line, (d)from those points in South Carolinanorth of US. Highway 78 and on andeast of-a line beginning at the SouthCarolina-Georgia State -line extendingalong U.S. Highway 1 to junction U.S.Highway 76, thence along-U.S. Highway76 to the South Carolina-North CarolinaState line, to thoee points in Kentuckyon and west of Interstate Highway 65,(e) from those points in South Carolinaon, north, west, south, or bounded by aline beginning at the South Carolina-Georgia State line extending along U.S.Highway 1 to junction Interstate High-way 26, thence along Interstate Highway26 to junction U.S. Highay 29, thencealong US. Highway 29 to junction U.S.Highway 123, thence along U.S. Highway123 to the South Carolina-Georgia Stateline, to those points in Kentucky on andwest of h line beginning at the Kentuck y-Tennessee State line extending along In-terstate HighyvaY 65 to junction U.S.Highway 231, thence along U.S. Highway231 to the Kentucky-Indiana State line,(f) from those points in South Carolinanorth and east of-a line beginning at theSouth Carolina-North Carolina Stateline extending along Interstate Highway

-26 to junction U.S. Highway 76, thencealong U.S. Highway 76 to the South Car-olina-KortT Carolina State line, to thosePoints in'KEntucky on and west of Inter-state Highway 24.

(4) Automobiles, trucks, and chassis,in' secondary movements; in truckawayservice, between points in Virginia, on

" the one hand, and, on the other, Texar-kana, Tex. (5) Automobiles and trucks,

Sin'secondary movements, in truckawayservice, and farm-type tractors, betweenpoints in Louisiana, on the one hand,and, on the other, points in Florlda. (6)Automobiles and trucks, In secondary,movements, in truckaway service, (a)between points in Louisiana i and southof Vernon, Rapides, and Avoyeles Par-ishes, on the one hand, and, on the other,pointsin Georgia, (b) between thosepoints in Louisiana which are both northof Vernon, Ral~ides, and Avoyelles Par-ishes, and on and south of a line begin-ning at the ouisiana-Mississippi'State,line extending along U.S. Highway 84 tojunction U.S:Highway 165, thence alongU.S. Highway 165 to junction U.S. High-way 80,- thence along U.S. Highwagy 80to junction U.S. Highway 167, thencealongU.S. Highway 167 to the Louisiana-Arkansas State line, on the one hand,and, on the other, those points in Georgiaon and south of a line beginning at theGeorgia-Alabama State line extendingalong Georgia Highway 85 to junction

U.S. Highway 78, thence along U.S. High-way 78 to-the Georgia-South CarolinaState line.

_(7) Farm-type tractors, (a) frompoints in Georgia to those points in Lou-isiana which are in and south of Vernon,Rapides, and Avoyelles Parishes, and (b)from those points in Georgia on andsouth of a line beginning at the Georgia-Alabama State line, extending alongGeorgia Highway 85 to junction U.S.Highway 78. thence along U.S. Highway78 to the Georgia-South Carolina Stateline, to those points In Louisiana whichare both north of Vernon, HapIdes, andAvoyelies Parishes and on and south ofa line beginning at the Loulsiana-Mis-sissIppI State line extending along U.S.Highway 84 to junction U.S. HIhway165, thence along U.S. Highway 165 tojunction U.S. Highway 80, thence alongU.S. Highway 80 to junction U.S. High-way 167, thence along U.S. Highway 167to the Louisiana-Arkansas State line.The purpose of this filing is to eliminatethe gateways of the site of the Ford Mo-tor Company plant near Hapeville, Ga.,in (1)(a), (b), (c), (d), (2)(a), (b), (c),(d), (e), (f), (g), (h), (1), (j), (k), (3)(c), (d), (e), (f), and (4) above; NorthCarolina, in (3) (a) (b), and (4) above;and mobile, Ala., in (5), (6) (a), (b), and(7) (a), (b).

No. MC 13134 (Sub-No. El), filed May30, 1974. Applicant: GRANT TRUCK-ING, INC., P.O. Box 266, Oak Hill, Ohio45656. Applicant's representative: JohnP. McMahon, Suite 1800, 100 East BroadStreet, Columbus, Ohio 43215. Authoritysought to operate as a common carrier,by motor vehicle, over Irgular routes,transporting: (1) Iron and steel prod-ucts, glassware, and clay refractory prod-ucts, except commodities in bulk, lime,limestone, and lime and limestone prod-ucts, (a) between points in that part ofOhio n, north, and east of a line begin-ning at the Ohio-Pennsylvania State lineand extending along U.S. Highway 30 tojunction Interstate Highway 77, thencealong Interstate Highway 77 to JunctionInterstate Highway 80, thence aldng In-terstate Highway 80 to Junction OhioHighway 57, thence along Ohio Highway57 to Lorain, on the one hand, and, onthe other, points in that part of WestVirginia on and east of a line beginningat the West Virginia-Pennsylvania Stateline and extending along U.S. Highway19 to junction U.S. Highway 60, thencealong U.S. Efighway 30 to the West Vir-ginia-Virginia State line; Cb) betweenpoints in that part of Ohio on, north, andeast of a line beginning at the Ohio-Pennsylvania State line and extendingalong Interstate Highway 80"to JunctionOhio Highway 45, thence along OhioHighway 45 to Lake- Erie, on the onehand. and, on the other, points in WestVirginia on and south of Interstate High-Way 70 (*Washlngton, Pa.); (2) clayproducts, and refractories (except fur-nace and stove lining shapes and plasticbrick), from Oak Hill, Ohio, and pointswithin 14 miles thereof, to points in Flor-ida, Georgia, North Carolina, South Car-olina, and Louisiana (*Frontcn, Ohio).

(3) Clay products and refractories,from the plant site of the Esso-1aimiteCo., near Siloam, Ky., to points InAlabama, Connecticut, Delaware, Flor-ida, Georgia, Iowa, Louisiana, Maryland,Massachusetts, Minnesota, Missouri,New Jersey, North Carolina, RhodeIsland, South Carolina, Tennessee.Virginia, and Wisconsin, 'and, damagedor returned shipments of clay productsand palets used in the transportation ofclay products from points In the Statesdescribed above to the named plant site(Ironton, Ohio); (4) clay products andrefractories, except furnace and stovelining shapes and plastic brick, from theplant site of the Esso-Ramntite Co., nearSiloam, Ky., to points in the District pfColumbia, Maine, New Hampshre,Texas, Vermont, Alabama, Connecticut,Delaware, Iowa, Maryland, 'Massachu-setts, Minnesota, Missouri, New Jersey,Rhode Island, Tennessee, Virginia. andWisconsin, and damaged or returnedshipments of clay products and palletsused in the transportation of clay prod-ucts from points in the States describedabove to the named plant site (*Fronten,Ohio); (5) clay products and refrac--tories from the plant site of the LawrenceRefractories Clay Company, in ElizabethTownship, Lawrence County, Ohio, to allpoints in Alabama, Connecticut, Dela-ware; Florida, Georgia, Iowa, Louisiana,Maryland, Massachusetts, Minnesota,Missouri, New Jersey, North Carolina,Rhode Island, South Carolina, Tennes-see, V rginl. and Wisconsin; and dam-aged or returned shipments of such com--modities, and pallets, containers, or otherpack-lng materials used in the trans-portation of clay products, from pointsIn the States described above to thenamed plant site (*Oak HiM, Ohio);

(6) Iron-and steel articles, from the-plant site of the Bethlehem Steel Cor-poration, located at Burns Harbor,Porter County, Ind., direct to all pointsin Washington County, Pa, restrictedto shipments originating at or destinedto the named plant site Cpoints inOhio); and (7) (a) iron and steel arti-cles, except commodities in bulk, fromthe plant site of Jones & Laughlin SteelCorporation located in Putnam County,I to points in Washington County, Pa,restricted to shipments originating atthe named plant site, and, (b) matgerials,equipment, and supplies, except com-modities in bulk, used in the manufac-ture and processing of iron and steelarticles, from points n WashingtonCounty, Pa., to the plant site of Jones& Laughlin Steel Corporation, locatedin Putnam County, 10, restricted toshipments destined to the named plant-site. The purpose of this filing is to elim-inate the gateways indicated by aster-isks above.

No. MC 31462 (Sub-No. E68), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC, P.O. Box 309, Lancaster,Texas 75166. Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,

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transporting: Household goods, as de-fined by the Commission, between pointsin Georgia on the one hand, and, on theother points in that part of Oklahomaon and north of a line beginning at theOklahoma-Arkansas State line, thencealong U.S. Highway 62 to Junction U.S.Highway 75, thence along U.S. Highway75 to junction Interstate Highway 40,thence along Interstate Highway 40 tojunction Oklahoma Highway 99, thencealong Oklahoma Highway 99 to junctionU.S. Highway 270, thence along US.Highway 270 'to junction U.S. Highway177, thence along U.S. Highway 177 tojunction Oklahoma Highway 39, thencealong Oklahoma Highway 39 to junctionU.S. Highway 81, thence along U.S.Highway 81 to junction OklahomaHighway 7, thence along OklahomaHighway 7 to Lawton, Okla., thence alongU.S. Highway 62 to junction U.S. High-way 183, thence along US. Highway 183to the Oklahoma-Texas State line. Thepurpose of this filing is to eliminate thegateway of (1) any point in Missouriwhich is within 25 miles of Cairo, IlL, and(2) any point in Tennessee.

No. MC 31462 (Sub-No. E78), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Texas 75146. Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission. between pointsIn Georgia, on the one hand, and, on theother, points in that part of Wisconsinon and north of a line beginning at Mani-towoe, Wis., thence along U.S. Highway51 to junction Wisconsin Highway 69.thence along Wisconsin Highway 69 to-

'the llinois-Wisconsin State lin Thepurpose of this filing is to eliminate thegateway of (1) any point in Tennessee;and (2) Cairo, 1M., or any point in Ii-linois within 25 miles thereof; and (3)Burlington, Iowa, or any point in Iowawithin 50 miles thereof.

No. MC 31462 (Sub-No. E79), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Texas 75146, Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Georgia, on the one hand, and, on

'the other, points in that part of Michi-gan, on the Upper Peninsula. on andwest of a line beginning at Marquette,Mich., thence along U.S. Highway 41 toEscanaba, Mich. The purpose of thisfiling is to eliminate the gateway of (1)any point in Tennessee; (2) Cairo, 111,or any point in Illinois within 25 milesthereof; and (3) Burlington, Iowa, orany point in Iowa within 50 miles thereof.

No. MC 31462 (Sub-No.-E194, filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Texas 75146. Applicant's representative:1. L. Rork (same as above). Authoritysought to operate as a common carrier,

NOTICES

by motor vehicle, over irregular routes,transporting: Householc goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, on theother, points in Vermont. The purpose ofthis filing is to eliminate the gatewayof (1) Kansas City, Mo., or any pointwithin 30 miles thereof; (2) Fort Wayne,Ind., or any point in Indiana within -40miles thereof; and (3) Hooslck Falls,N.Y.

No. RIC 31462 (Sub-No. E195), filedMllay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Texas 75146. Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, on theother, points in New Hampshire. Thepurpose of this filing is to eliminate thegateway of (1) Hoosick Falls, N.Y.; (2)Fort Wayne, Ind., or any point in In-diana -within 40 miles thereof; and (3)Kansas City, Mo., or any point within 30miles thereof.

No. MC 31462 (Sub-No. E196), filedVlay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Texas 75146. Applicant's representative:1. L. Rork (same as above). Authoritysought to operate as a common carier,by' motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, on theother, points in Maine. The purpose ofthis filing is to eliminate the gateway of(1) Hoosick Falls, N.Y., (2) Fort Wayne,Ind., or any point in Indiana within 40miles thereof; and (3) Kansas City, Mo.,or any point within 30 miles thereof.

No. MC 31462 (Sub-No. E197), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Texas 75146. Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin that part of Kansaa on and west of aline beginning at the Kansas-NebraskaState line, thence along U.S. Highway 81to Wichita, Kans., thence along US.Highway 54'ta junction-U.S. Highway 59,'thence along U.S. Highway 59 to junctionKansas Highway 52, thence along Kan-sas Highway 52 to the Kansas-MissouriState line, on the one hand, and, on theother, points in that part of Mississippion and east of a line beginning at theMississippi-Tennessee State line, thencealong Interstate Highway 55 to theMississippi-Louisiana State line. Thepurpose of this filing is to eliminate thegateway of (1) any point in Missouriwithin 25 miles of Cairo, Ill.

No. MC 31462 (Sub-No. E198), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Tex. 75146. Applicant's representative:R. L. 'Rork (same as above). Authoritysought to operate as a common carrier,

by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, on theother, points in North Carolina. Thepurpose of this filing is to eliminate thegateways of (1) any point in Missouriwithin 25 miles of Cairo, I., (2) anypoint In Tennessee, and (3) any pointin Georgia.

No. MC 31462 (Sub-No. E200, fliedMfay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 300, Lancaster,Tex. 75146. Applicant's representative:B. L. Rork (same as above). Authoritysought to operate as P common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsIn. Kansas, on the one hand, and, on theother, points in Kentucky. The purposeof this filing is to eliminate the gatewayof any point in Missouri within 25 milesof Cairo, ]1L

No. MC 31462 (Sub-No. E20i, filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancastcr,Tex. 75146. Applicant'S representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routco,transporting: Household goods, as de-flned by the Commission, between pointsin Kansas, on the one hand, and, onthe other, points in South Carolina. Thepurpose of this filing is to eliminate thegateways of (1) any point in Missouriwithin 25 miles of Cairo, Ill.. (2) anypoint In Georgia, and (3) any point inTennessee.

No. MC 31462 (Sub-No. E202), fileMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Tex. 75146. Applicant's representative:R. L. RQrk (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over Irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin that part of Kansas on and east ofa line beginning at the Oldshoma-Kansas State line, thence along U.S.Highway' 177 to junction U.S. Highway81, thence along U.S. Highway 81 to tho,

ansas-Nebraska State line, on thL onehand, and on the other, points In thatpart of Texas on and south of a line be-ginning at the Texaa-Oklahoma. Stateline. thence along U.S. Highway 75 to'Dallas, Tex., thence along U.S. Highway67 to the International Boundary llnebetween the United States and Mexico.The purpose of this filing is to eliminatethe gateway of any point In OkmtlgceCounty, Tem.

No. MC 31462 (Sub-No. E203), filedMay 13, 1974. Applicant. PARAMOUNTMOVERS, INC., P.O. Box 309. Lancaster,Tex. 75146. Applicant's representative:R. L. Rork (same as above). Authortysought to operate as a common carrier,by motor vehicle, over Irregular routes,transporting: Household goods, as de-fined by the Commission, between points,in Kansas, on the one hand, and, on the


NOTICES

other, points in that part of Virginia onand east of a line beginning at the Vir-ginia-West Virginia State line, thencealong U.S. Highway 21 to the Virginia-North Carolina State line. The purposeof this filing is to eliminate the gatewaysof (1) Kansas City, Mo., or any pointwithin 30 miles thereof, and (2) FLWayne, Ind., or any point in Indianawithin 40 miles thereof.

No. TMC 31462 (Sub-No. E204), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Tex. -75146. Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier.,by motor vehicle, over irregular routes,transporting: Household gobds, as de-fined by the Commission, between pointsin Kansas. on the one hand, and, on theother, points in that part of Tennesseeon and east of a line beginning at theTennessee-Kentucky State line, thencealong Tennessee Highway 78 to junction1U.S. Highway 51, thence along U.S.

Highway 51 to junction Tennessee High-way 26, thence along. Tennessee High-way 20 to junction Tennessee Highway18, thence along Tennessee Highway 18to the Tennessee-Mississippi State line.The purpose of this filing is to eliminatethe gateway of any point in. Missouriwithin 25 miles of Cairo, 31L

No. MC 31462 (Sub-No. E205), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Tex. 75146. Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a commonm carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between, pointsin Kansas, on the one hand, and, on theother, points in New Jersey. The purposeof this filing is to eliminate the gatewaysof (1) Kansas City, Mo., or any pointwithin 30 miles thereof, and (2Y Ft.Wayne; Id., or any point in Indianawithin 40 miles thereof.

No. MC 31462 (Sub-No. E206, filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Tex. 75146: Applicant's representative:R. L. Rork (same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, on theother, the District of Columbia. The pur-pose of this filing is to eliminate the

,,gateways of (1) Kansas City. Mo., or any,point within 30 miles thereof, and (2)Fort Wayne, Ind., or any point in Indianawithin 40 miles thereof.

No. MC 31462 (Sub-No. E207), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancas-ter, Tex. 75146. Applicant's representa-tive: R. L. Rork (same as above).Authority sought to operate as a com-mon carrier, by motor vehicle, over Ir-,regular routes, transporting: Householdgoods, as defined by the Commission, be-tween points in that part. of Kansas on,east, and north of a line beginning at the

Kansas-Nebraska State line, thencealong U.S. Highway 77 to Junction U.S.Highway 40, thence along U.S. Highway40 to the Kansas-Missouri State line, onthe one hand, and. on the other, pointsin that part of Louisiana on and eastof a line beginning at the Louisiana-Mississippi State line, thence alongLouisiana Highway 25 to junction LakePontchartrain Causeway, thence alongLake Pontchartrain Causeway to NewOrleans, La., thence along U.S. Highway90 to Houma, La. The purpose of thisfiling is to eliminate the gateways of(1) Gulfport, Miss., or any point within35 miles thereof, and (2) any p'oint inMissouri within 25 miles of Cairo, 32L

No. MC 31462 (Sub-No. E208), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancas-ter, Tex, 75146. Applicant's representa-tive: R. L. Rork (same as above).Authority sought to operate as a com-mon carrier, by motor vehicle, over Ir-regular routes, transporting: Householdgoods, as defined by the Commission. be-tween points in Wnsas, on the one hand,and, on the other, points in Pennsylvania.The purpose of this filing is to eliminatethe gateways of (1) Kansas City, Mo., orany point within 30 miles thereof, and(2) Ft. Wayne, Ind., or any point inIndiana within 40 miles thereof.

No. MC 31462 (Sub-No. E209), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC., P.O. Box 309, Lancaster,Tex. 75146. Applicant's representative:R. L. Rork (Same as above). Authoritysought to operate oa a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, onthe other, points in Massachusetts. Thepurpose of this filing is to eliminate thegateways of (1) Kansas City, Mo., or anypoint within 30 miles thereof; and (2)Fort Wayne, Ind., or any point InIndiana within 40 miles thereof.

No. MC 31462 (Sub-No. E210), filedMay 13, 1974. Applicant: PARAMOUNTMOVERS, INC.. P.O. Box 309, Lancaster,Ten. 75146. Applicant's representative:R. L. Rork (Same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined.by the Commission, between pointsin Kansas, on the one hand, and, onthe other, points in New York. The pur-pose of this filing Is to elimlnate thegateways of (1) Kansas City, Mo., orany point within 30 miles thereof, and(2) Fort Wayne, Ind., or any point inIndiana within 40 miles thereof.

No. MC 31462 (Sub-No. E211), filedMay 13, 1974. Applicant: PARAMOUNTMOVIES, INC., P.O. Box 309, Lancaster.Tex. 75146. Applicant's representative:R. L. Rork (Same as above). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Household goods, as de-fined by the Commission, between pointsin Kansas, on the one hand, and, on the

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other, points In Maryland. The purposeof this filing Is to eliminate the gatewaysof (1) Kansas City. Mo., or any pointwithin 30 miles thereof,, and (2) FortWayne, Inad., or any point in Indianawithin 40 miles thereof.

No. MC 37203 (Sub-No. El) (Correc-tion), filed May 31,1974. published in theFm-aL REBs=.rn December 2, 1974.. Ap-plcant: AILLSTEAD VAN LINE=S. INC.P.O. Drawer 878, Bartlesvllie. Okla. 74003.Applicant's representative: Thomas F.Sedberry, Suite 1102 Perry-Brooks Bldg.,Austin, Te 78701. Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Household goods, as defined by-theCommission, (1) between points in Ar-kansas, on the one hand, and, on theother, points in Colorado, Nebraska(Shawnee, Okla., and points in Oklahomawithin 15G miles of Shawnee%), Mon-tana, and Wyoming (points in. Oklahomawith 80 miles of Tulsa which are within150 miles of Shawnee, inpluding Tulsaand Shawnee*); (2) between points inNew Mexico, on the one hand, and, onthe other, points in Missouri, Indiana,Massachusetts, Michigan, Ohio, Maine,Pennsylvania, New Jersey, New York,Rhode Island, Kentucky, vest Virgini2,and Illinois, (3) between points in Mc-Donald, Barry, Newton, Lawrence, Dade,Barton, Jasper, and Vernon Counties,Mo., on the one hand, and, on the other,points in Pennsylvania, New Jersey, and.New York (points in Oklahoma and Mc-Lean County, Ill.*); and (4) between,points in McDonald.Barry, Newton, Law-rence, Jasper, Dade, Barton, Cedar, Ver-non, St. Clair. Bates. Henry, Hickory,Polk, Dallas, Greene, Webster, Christian,Stone, and Taney Counties, Mo., on theone hand, and, on the other, points in.Massachusetts, Rhode Island. and Maine(points in Oklahoma -and McLean.County. IL*). The purpose of this filingIs to eliminate the gateways designatedby asterisks above. The purpose of thiscorrection is to include the territorialdescriptions of paragraph 2.

No. MO 43038 (Sub-No. E2), filedJune 4, 1974. Applicant: COMMERCIALCARRIERS, INC., 10701 Mlddlebelt Rd..Romulus, Mich. 48174. Applcant's rep-reentative: Paul H. Jones (same asabove). Authority sought to operate asa common carrier, by motor vehicle, overirregular routes, transporting: Auto-Mobiles, in initial movements, in truck-away cervice, from the plant sites ofGeneral Motors Corporation at VanNuys and South Gate, Calif, to points inIdaho, Nevada, Utah, Wyoming, Colo-rado, Kansas, and Iowa. The purpose ofthis filing is to eliminate the gateways ofpoint. in California and points in Colo-rado.

No. MC 76177 (Sub-No. E75) (Correc-fton), filed May 6, 1974, published in theFkDEALn REs=, December 24, 1974.Applicant: BAGGET TRANSpORTA-T1ON COMPANY. 2 South 32nd Street,Birmingham, Ala. 35233. Applicnt's rep-resentative: T. C. Sinclair (same as

FEDERAL REGISTE R, VOL 40, NO. 11-THUMSDAY, JANUARY 16, 1975

NOTICES

above). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: ClassesA and B explosives and blasting supplies,from points in'Kentucky, Virginia, andWest Virginia, on the one hand, and, onthe other, Arizona. The purpose of thisfiling is to eliminate the gateways of (1)Grafton, Ill., and points within 2 milesthereof; (2) Wolf Lake, Ill., and pointswithin 15 miles thereof. The purpose ofthis correction is to clarify the terri-torial destination points.

No. MC 76177 (Sub-No. E85) (Correc-tion), filed May 6, 1974, published inthe FEDERAL REGISTER, December 26,1974. Applicant: BAGGETT TRANS-PORTATION COMPANY, 2 South 32ndStreet, Birmingham, Ala. 35233. Appli-cant's representative: T. C. Sinclair(Same as above). Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-Ing: Classes A and B explosives andblasting supplies, from points in Mis-souri, on the one hand, and, on theother, Pennsylvania. The purpose of thisfiling is to eliminate the gateways of (1)Grafton, Ill., and points within 2 milesthereof, and (2) Jasonville, Ind., andpoints within 15 miles thereof. The pur-pose of this correction is to clarify theterritorial description.

No. MC 83745 (Sub-No. E27), (Correc-tion), filed June 4, 1974, published in theFEDERAL REGISTER, December 27, 1964.Applicant: BOND TRANSPORT, INC.,4620 Rolling Road, Pittsburgh, Pa. 15236.Applicant's representative: William J.Lavelle, 2310 Grant Bldg., Pittsburgh, Pa.15219. Authority sought to operate as acommon carrier, by motor'vehicle, overirregular routes, transporting: Machin-ery and such commodities, generally re-quiring rigging, special equipment, orspecialized handling (except articles re-quiring special vehicular equipment forover the road movements), betweenClaysville, Pa., on the one hand, and, onthe other, points in West Virginia on andsouth of U.S. Highway 50, points in Ohioon and west of Interstate Highway 75,and points in Maryland on and east ofU.S. Highway 220. The purpose of thisfiling Is to eliminate the gateway ofPittsburgh, Pa. The purpose of this cor-rection is to clarify the highway descrip-tion.

No. MC 107064 (Sub-No. E7), filedMay 21, 1974. Applicant: STEERETANK LINES, INC., P.O. Box 2998, Dal-las, Tex. 75221. Applicant's representa-tive: H. L. Rice, Jr. (same as above).Authority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Petroleum pod-ucts, in bulk, in tank vehicles, from pointsin that part of Texas on, south, and westofa line beginning at the Texas-NewMexico State line and extending alongU.S. Highway 83, thence along U.S.Highway 83 to the United States-MexicoInternational Boundary line (exceptpoints In El Paso County, Tex., to pointsin Washington). The purpose of thisfiling is to eliminate the gateway of EctorCounty, Tex.

- No. MC 107227 (Sub-No. El), (Cor-rection), filed May 15, 1974, publishedin the FEDERAL REGISTER, November 21,1974. Applicant: INSURED TRANS-,PORTERS, INC., P.O. Box 1807, Fre-mont, Calif. 94538. Applicant~s repre-sentative: John G. Lyons, Mills Tower,San Francisco, Calif. 94104. Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: (5) Trucks, in truckawayservice, from points in that part of Cali-fornia on and west of a line beginningat the Oregon-California State line andextending along U.S. Highway 97 tojunction Interstate Highway 5, thencealong Interstate Highway 5 to junctionCalifornia Highway 99, *thence alongChlifornia'Highway 99 to junction Cali-fornia Highway 120 to junction .U.S.Highway 50, thence along U.S. Highway50 to junction Interstate Highway 680,thence along Interstate Highway 680 tojunction California Highway 17, thencealong California Highway 17 to junctionU.S. Highway 101, thence along U.S.Highway 101 to junction CaliforniaHighway 152, thence along CaliforniaHighway 152 to junction CaliforniaHighway 1, thence along CaliforniaHighway 1 to the Pacific Ocean, to pointsin Arizona (San Francisco and Oak-land) *; (6) Trucks, in truckaway service,from points in that part of California onand west of a line beginning at theArizona-California State line and ex-tending along U.S. Highway 80 to junc-tion California Highway 86, thence alongCalifornia Highway 86 to junction In-terstate Highway 10, thence along In-terstate Highway 10 to junction U.S.Highway 395, thence along U.S. Highway395 to junction California Highway 58,thence along California Highway 58 tojunction California Highway 99, thencealong California Highway 99 to junctionInterstate Highway 52, thence along In-

"terstate Highway 52 to junction Tem-porary Interstate Highway 5, thencealong Temporary Interstate Highway 5to junction U.S. Highway 80, thencealong U.S. Highway 80 to junction Cali-fornia Highway 29, thence along Cali-fornia Highway 29 to junction CaliforniaHighway 128, thence along CaliforniaHighway 128 to junction U.S. Highway101, thence along U.S. Highway 101 tojunction California Highway 12, thencealong California Highway 12 to junctionCalifornia Highway 116, thence alongCalifornia Highway 116 to the PacificOcean to points in Washington (SanFrancisco and Oakland) *. The purposeof this filing is to eliminate the gatewaysindicated by asterisks above. The pur-pose of this partial correction is to in-clude (5) and (6) above which wereomitted from the previous publication.The remainder of this letter-notice re-mains as previously published.

No. MC 108207 (Sub-No. E10) (Correc-tion), filed May 12, 1974, published in theFEDERAL REGISTER, December 10, 1974.Applicant: FROZEN FOOD EXPRESS,INC., P.O. Box 5888, Dallas, Tex. 75222.Applicant's representative: Mike Smith(same as above). Authority sought to

operate as a common carrier, by motorvehicle, over irregular routes, transport-ing: (1) Meats, meat by-products, dairyproducts, frozen foods fish, table sauces,and pickles, in vehicles equipped withmechanical refrigeration, and (2) Food-stuffs (except those described in (1)above, when moving in mixed loads withone or more of the commodities describedin (1) above, in vehicles equipped withmechanical refrigeration), from Clove-land, Ohio, to points in Arizona, NewMexico, and California. The purpose ofthis filing is to eliminate the gateway ofpoints in Texas. The purpose of this cor-rection Is to clarify the origin descrip-tion.

No. MC 108380 (Sub-No. ED) (Corroc-tion), filed June 5, 1974, published In theFEDERAL REGIST, November 19, 1974. Ap-plicant: JOHNSTON'S FUEL LINERS,INC., P.O. Box 100, Newcastle, Wyo.82701. Applicant's representative: C. W.Burnette (same as above). Authoritysought tb operate as a common carrier,by motor vehicle, over Irregular routes,transporting: Petroleum products, frompoints in Pennington County, S. Dak., topoints In Salt Lake City, Utah, andPocatello, Idaho, and points within fivemiles each. The purpose of this filing Isto eliminate the gateway of Riverton,Wyo. The purpose of this correction is toclarify the territorial destination points.

No. MC 109478 (Sub-No. E2), filedMay 15, 1974. Applicant: WORSTERMOTOR LINES, INC., Gay Road, P.O.Box 110, North East, Pa. 16428. Appli-cant's representative: Joseph F. Mac-Krell, 23 West Tenth Street, Erie, Pa.16501. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Food-stuffs, other than frozen or In bulk, intank vehicles, from those points In NowYork within 150 miles of Hamlin- Holleyand Williamson, NY., to points in Flor-ida. The purpose of this filing Is to elim-inate the gateways of Hamlin, Holicy,and Williamson, N.Y.

No. MC 109478 (Sub-No. 194), filedMay 15, 1974. Applicant: WORSTERMOTOR LINES, INC., Gay Rd., P.O. Box110, North East, Pa. 16428. Applicant'srepresentative: Joseph F. MacKrell, 23West Tenth Street, Erie, Pa. 16501, Au-thority sought to operate as CL commoncarrier, by motor vehicle, over irregularroutes, transporting: Fruit and vegetablejuices, from North East, Pa., to all pointsin Florida. The purpose of this filing Isto eliminate the gateway of Holicy, N.Y.

No. MC 109478 (Sub-No. E6), filedMay 15, 1974. Applicant: WORSTERMOTOR LINES, INC., Gay Road, P.O.Box 110, North East, Pa. 16428. Appli-cant's representative: Joseph F. Mac-Krell, 23 West Tenth Street, Erie, Pa.16501. Authority sought to operate as acommon carrier, by motor vehicle, overIrregular routes, transporting: (1) GrapeJuice, tomato juice, Jams, jellies, and pre-serves, other than frozen or in bulk, Intank vehicles, from points In New Yorkto points in Illinois and Indiana. (2)fresh and preserved fruits and vegetables,

FEDERAL REGISTER, VOL. 40, NO. 11-THURSOAY, JANUARY 16, 1975

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NOTICES

and fruit and vegetable juices, other thanfrozen or in bulk, in tank vehicles, frompoints in New York to points in Michigan,Ohio; ind points in Pennsylvania on and'west of Interstate Highway 81. (3) -pre-served foodstuffs, frozen fruits and vege-tabled, and canned' or frozen fruit andvegetable juices, other than frozen or Inbulk, in tank-vehicles, from points in NewYork to points in West Virginia. The pur-pose of this filing is to eliminate the gate-ways of Lawton and Mattawan, Mich.,Brocton, Hamlin, Holley, LeRoy andpoints within 50 miles thereof, SilverCreek, Westfield, and Williamson, N.Y.,and Crawford and Erie Counties, Pa., andNorth East, Pa. I -

No. MC 111320 (Sub-No. E116), filedMay 31, 1974. Applicant: KEEN TRANS-PORT, INC, P.O. Box 688. Hudson, Ohio44236. Applicant's representative: L. E.Gresh (Same as above). Authority soughtto operate aia common carrier, by motorvehicle, over irregular routes, transport-ing: New self-propelled road buildingequipment, and parts thereof, in drive-away and truckaway service, from pointsin thatpart of Wyoming on and west of aline beginning at the Colorado-WyomingState-line;" thence along U.S. Highway287 tojunction Wyoming Highway 34,thence along Wyoming Highway 34 tcjunction -Interstate Highway 25, thencealong Interstate Highway 25 to'junctionU.S. Highway 20, thence along U.S. High-way 20 to junction U.S. Highway 85,thence along U.S. Highway 85 to theWyoming-South Dakota State line, topoints in Ohio. The purpose of this filingis to eliminate the gateway of Lorain,Ohio.

No. MC 111320 (Sub-No. Ei17), filedMay 31,,1974 Applicant: KEEN TRANS-PORT, INC., P.O. Box 688, Hudson, Ohio44236. Applicant's representative: L. E.Gresh- (Same as above). Authority soughtto operate as-a common carrier, by motorvehicle, over irregular routes, transport-ing: New self-propelled- road buildingequipment, and parts thereof, in drive-away and truckaway service, from pointsin that part of California on and northof a line beginning at Ventura, Calif.,thence along California Highway 33 tojunction California Highway 119, thencealong California Highway 119 to junctionCalifornia Highway 99. thence alongCalifornia Highway 99 to junction Cali-fornia Highway 58. thence along Cali-fornia Highway 58 to junction.CaliforniaHighway 178, thence' along CaliforniaHighway 178 to junction U.S. Highway395; thence along U.S. Highway 395 tojunction U.S. Highway 6, -thence alongU.S. Highway 6 to the California-NevadaState line, and to points in that part ofIndiana on and east of a line beginningat the 'ehigan-Indiana State line,thence along- U.S. Highway 31 to junc-tion Indiana Highway 7, thence, alongIndiana Highway 7 to the Indiana-Ken-tucky State line. The purpose of this fil-ing is to eliminate the gateway of Lorain,Ohio.

No MC 111320. (Sub-No. E118) filedMay 31,1974 Applicant: KEEN TRANS-PORT INC., P.O. Box 688, Hudson, Ohio

44236. Applicants representative: . E.Gresh (same as above). Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-Ing:- New self-propelled road buildingequipment, and parts thereof, in drive-away and truckaway service, from pointsIn that part of California on-and northof a -line beginning at Ventura, Calif.,thence along California Highway 3a tojunction California Highway 119, thencealong California Highway 119 to Junc-tion California Highway 99, thence alongCalifornia Highway 99 to Junction Call-fornia Highway 58, thence along Califor-nia Highway 58 to junction CaliforniaHighway 178, thence along CaliforniaHighway 178' td Junction U.S. Highway395, thence along US. Highway 395 tojunction US. Highway 6, thence alongU.S. Highway 6 to the California-NevadaState line, and to points in that part ofKentucky on and east of a line beginningat the Kentucky-Indiana State line,thence along U.S. Highway 421 to junc-tion Interstate Highway 75, thence alongInterstate Highway 75 to junction U.S.Highway 25E, thence along U.S. Highway25E to the Kentucky-Tennessee Stateline. The purpose of this fling Is to elim-inate the gateway of Lorain, Ohio.

0 No. MC 111320 (Sub-No. E119), filedIMay 31, 1974. Applicant: KEEN TRANS-PORT. INC.. P.O. Box 688, Hudson, Ohio44236. Applicant's representative: L. E.Gresh (same as above). Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-Ing: New self-propelled road buildingequipment, and parts thereof, In drive-away and truckaway service, from pointsin Idaho, to points In that part of Ken-tucky on and east of a line beginning atthe Kentucky-Indiana State line, thencealong US. Highway 31W to JunctionKentucky Highway 61, thence alongKentucky Highway 61 to junction Ken-tucky Highway 55, thence along Ken-tucky Highway 55 to Junction U.S. High-way 127, thence along US. Highway 127to the Kentucky-Tennessee State line.The purpose of this filing is to eliminatethe gateway of Lorain, Ohio.

No. MC 111320 (Sub-No. E120), fledMay 31, 1974. Applicant: KEEN TRANS-PORT. INC:, P.O. Box 688. Hudson Ohio44236. Applicant's representative: L. E.Gresh (same as above). Authority soughtto operate as a common carrier, by motorvehicle, over Irregular routes, transport-Ing: New self-propelled road buildingequipment, and parts thereof, in drive-away and truckaway service, from pointsin Montana, to points In that part ofKentucky on and east of a line beginningat the Kentucky-Ohio State line, thencealong US. Highway 127 to the Kentucky-Tennessee State line. The purpose of thisfling is to eliminate the gateway ofLorain, Ohio.

No. MC 111320 (Sub-No. EL2I), filedMay 31, 1974. Applicant: KEEN TRANS-PORT, INC., P.O. Box 688. Hudson, Ohio44236. Applicant's representative: L. E.Gresh (Same as above). Authority soughtto operate as a common carrier, by motorvehicle, over Iriegular routes, transport-

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Ing: New selI-propelled road buildingequipment. and parts thereof. in drive-away and truckaway service, from pointsIn Montana. to points in that part ofFlorida on and east of a line beginningat the Florida-Georgia State line, thencealong U.S. Highway 221 to JunctionAlternate US. Highway 27, thence alongAlternate U.S. Highway 27 to junctionFlorida Highway 361, thence along Flor-Ida Highway 361 to the Gulf of Mexico.The purpose of this filing is to elminatethe gateay of Lorain, Ohio.

No. MC 111320 (Sub-No. E126). fledMay 17, 1974. Applicant: KEEN TRANS-PORT, INC.. P.O. Box 688, Hudson. Ohio44236. Applicant's representative: L. EGresh (same as above). Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-ing: used, damaged, rejected, or defectiveself-propelled road building and con-tractors' vehicles or machinery, in drive-away and truckaway service (except pas-senger automobiles), between points inNew York, on and east of a line begin-ning at Lake Ontario, thence along NewYork Highway 78 to junction New .YorkHighway 16, thence along New YorkHighway 16 to the Pennsylvanla-NevrYork State line on the one hand, and;on the other, points in Wisconsin. Thepurpose of this filing is to eliminate the

* gateway of Elmira Heights, N.Y.No. MC 111320 (Sub-No. E128). filed

May 17, 1974. Applicant: EEN TRANS-PORT, INC., P.O. Box 688, Hudson. Ohio44236. Applicant's representative: L. E.Gresh (Same as above). Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-Ing: Self-propelled road bu-dfngequipment, and parts thereof, in drive-away and truckaway service, betweenPonts in Connecticut. Delaware, Mary-land, New Jersey, and Rhode Island. onthe one hand, and, on the other, pointsin Arkansas, Colorado, Ilinois Indiana,rowa. Kansas, Louisiana. MIchigan.Minnesota, Missouri, Nebraska, -NorthDakota, Oklahoma, South Dakota,Texas, and Wisconsin. The purpose ofthis filing is to ellminate the gateway ofLorain, Ohio.

No. MC 111320 (Sub-No. E129), filedMay 17,1974. Applicant: KEEN TRANS-PORT, INC., P.O. Box 688, Hudson Ohio44236. Applicant's representative: L_ E.Gresh (same as above). Authority sought;to operate as a common carrier. by motorvehicle, over irregular routes, transport-Ing: used, damaged, rejected, or defective-self-propelled road building and can-tractors vehicles or machinery, in drive-away and truckaway service (except pas-senger automobiles). between points and.placestnaNew York, on the one hand and.onthe other, Arizona, California, Florida,Idaho. Montana, Nevada. New Mexico,Oregon, Utah. Washington. and Wyo-ming. The purpose of this filing is to-eliminate the gateway of Elmira Heights,N.Y.

No. MO 113459 (Sub-No. E54), filedMay 14. 1974. Applicant: EL J. JEF-FRIES TRUCK LINE, INC., P.O. Box

FEDEPA REGISTER, VOL 40, NO. 11-THURSDAY, JAtUARY 15, 1975

NOTICES

94850, Oklahoma City, Okla. 73109. Ap-plicant's representative: Robert A.FIsher (same as above). Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-ing: (1) CommOdities, the transporta-tion of which, by reason of size or weight,require the use of special equipment; and(2) self-propelled articles, each weigh-ing 15,000 pounds or more, and relatedmachinery, tools, parts, and supplieswhen moving in connection therewith,(a) between points in that part of Iowaon -and east of a line beginning at theIowa-Minnesota State line- and extend-ing along Iowa Highway 26 to its junc-tion with Iowa Highway 9, thence alongIowa Highway 9 to its junction withIowa Highway 51, thence along IowaHighway 51 to its junction with U.S.Highway 52, thence along U.S. Highway52 to its junction with U.S. Highway 61,thence along U.S, Highway 61 to theIowa-Illinois State line, on the one hand,and, on the other, points in Oklahoma;(b) between points in that part of Iowaon and east of a line beginning at theIowa-Minnesota State line and extend-ing along Iowa Highway 26 to its junc-tion with Iowa Highway 9, thence alongIowa Highway 9 to its junction withIowa Highway 76, thence -along IowaHighway 76 to its junction with U.S.Highway 52, thence along U.S. Highway52 to its junction with Iowa Highway64, thence along Iowa Highway 64 to Itsjunction with U.S. Highway 67, thencealong U.S. Highway 67 to the Iowa-Illinois State line, on the one hand, and,on the other, pbints in that part of Mis-souri on and south of a line beginningat the Kansas-Missouri State line andextending along Missouri Highway 18 toits Junction with Missouri Highway 52,thence along Missouri Highway 52 to its,junction with U.S. Highway 54, thencealong U.S. Highway 54 to its junctionwith U.S. Highway 50, thence along U.S.Highway 50 to the Missouri-illinois Stateline; (c) between points in that part ofIowa on and east of U.S. Highway 61,on the one hand, and, on the other,points in that part of Kansas on andsouth of a line beginning at the Kansas-Nebraska State line and extending alongU.S. Highway 81 to its junction with U.S.Highway 24, thence along U.S. Highway24 to Its junction with U.S. Highway 59,thence along U.S. Highway 59 to itsjunction with Kansas Highway 68, thencealong Kansas Highway 68 to the Kansas-Missouri State line; and (d) betweenpoints in that part of Iowa on and eastof a line beginning at the Iowa-Minne-sota State line and extending along IowaHighway 26 to its junction with IowaHighway 9, thence along Iowa Highway9 to Its junction with Iowa Highway 51,thence along Iowa Highway 51 to itsJunction with U.S. Highway 52, thencealong U.S. Highway 52 to its junctionwith U.S. Highway 61, thence along U.S.Highway 61 to the Iowa-Illinois Stateline, on the one hand, and, on the other,points in that part of Colorado on andwest of a line beginning at the Colorado-Wyoming State line and extending alongU.S. Highway 85 to its junction with U.S.

Highway 50, thence along U.S. Highway50 to the Colorado-Kansas State line.Restriction: The operations authorizedin (1) and (2) above are restrictedagainst the transportation of agricul-tural machinery and agricultural trac-tors, and the operations authorized in(2) above are restricted to commoditieswhich are transported on trailers. Thepurpose of this filing is to eliminate thegateways of points in Illinois.

No. MC 113459 (Sub-No. E58), filed-May 14, 1974. Applicant: H.J. JEFFRIESTRUCK LINE, INC., P.O. Box 94850, Ok-lahoma City, Okla. 73109. Applicant'srepresentative: Robert A. Fisher (Sameas above). Authority sQught to operateas a common carrier, by motor vehicle,over irregular routes, transporting: (A)Earth drilling machinery and equipmentand machinery, equipment, materials,supplies and pipe incidental to, used in,

'or in connection with (1) the transpor-tation, installation, removal, operation,repair, servicing, maintenance and dis-mantling of drilling machinery andequipment, (2) the completion of holesor wells drilled, (3) the production, stor-age, and transmission of commodities re-sulting from drilling operations at wellor hole sites, and (4) the Injection orremoval of commodities into or fromholes or wells, the transportation ofwhich, by reason of size or weight, re-quire the use of special equipment, frompoints in Missouri to points in Nevada(points in Kansas and Colorado) *; (B)(1) machinery, equipment, materials andsupplies used in,. or in connection with,the construction, operation, repair, serv-icing, maintenance, and dismantling ofpipelines, other than pipelines used forthe transmission of natural gas, petro-leum, their products and by-products,

- water or sewerage, restricted to thetransportation of shipments moving toor from pipeline rights-of-way; and (2)earth drilling machinery and equipment,and machinery,' equipment, materials,supplies, and pipe incidental to, used in,or in connection 'with: (a) the trans-portation, installation, removal, opera-tion, repair, servicing, maintenance, anddismantling of drilling machinery andequipment, (b) the completion of -holesor wells drilled, (c) the production,, stor-age and transmission of commodities re-sulting from drilling operations at wellor hole sites, and (d) the injection orremoval of commodities into or fromholes or wells, between points in Ar-kansas, on the one hand, and,. on theother, points in Nevada (points in Okla-homa) *; (C) (1) commodities, ' thetransportation of which, by reason of sizeor weight, require the use of specialequipment (except those used in, or inconnection with, the construction, opera-tion, repair, servicing, maintenance, anddismantling of main or trunk pipelinesand except farm machinery); and (2)sell-propelled articles, each weighing15,000 pounds or more, and related ma-chinery, tools, parts, and supplies whenmoving in connection therewith, re-stricted to commodities which, are trans-ported on trailers; from points in Mis-souri to points in Utah (points.In Okla-

homa) *; and (D) metal tubing and pipe,the transportation of which, by reason ofsize or weight, require the use of speciplequipment; from points in Now Mexicoto points In Michigan (points in Okla-homa) *. The purpose of this filing is toeliminate the gateways indicated by as-terisks above.

No. MC 113459 (Sub-No. E59), filedMay 14, 1974. Applicant: H. J. JEFFRIESTRUCK LINE, INC., P.O. Box 94850,Okahoma City, Okla. 73109. Applicant'srepresentative: Robert A. Fisher (Sameas above). Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting: (1)Earth drilling machinery and equipmentand machinery, equipment, materials,supplies and pipe, incidental to, used In,or in connection with, (a) the transpor-tation, installati6n, removal, operation,repair, servicing, maintenance, and dis-mantling of drilling machinery andequipment; (b) the completion of holesor wells drilled; (c) the production, stor-age and transmison of commodities re-sulting from drilling operations at wellor hole sites; and (d) the injection orremoval of commodities into or fromholes or wells, the transportation ofwhich, because of size or weight, requhothe use of special equipment; (A) be-tween points in Bullitt, Hardin, Meade,Breckinridge, Hancock, Daviess, Hender-son, Union, Webster, McLean, Critten-den, Hopkins, Ohio, Grayson, Edmon-son, Hart, Warren, Butler, Muhlenberg,Logan, Todd, Christian, Trigg, Simpson,Lyon, Caldwell, and Jefferson Counties,Ky., on the one hand, and, on the other,points In Minnesota (Sterling, Ill., andpoints in Illinois south of U.S. Highway36)*; (B) between Builitt, Hardin,Meade, Breckinridge, Hancock, Davless,Henderson, Union, Webster, MeLean,Crittenden, Hopkins, Ohio, Grayson,Edmonson, Hart, Warren, Buter, Muh-lenberg, Logan, Todd, Christian, Trigg,Simpson, Lyon, Caldwell, and Jeffer-son Counties, Ky., on the one hand,and, on the other, points In that part ofIowa on and east of Interstate Highway35 (Sterling, Ill., and points In Illinoissouth of U.S. Highway 36) * (C) be-tween points in that part of Iowa on andeast of a line beginning at the Iowa-Minnesota State line and extendingalong Iowa Highway 76 to Its Junctionwith U.S. Highway 52, thence along U.S.Highway 52 to Its junction with IowaHighway 136, thence along Iowa High-way 136 to Its junction with Iowa High-way 64, thence along Iowa Highway 64to its junction with Iowa Highway 38,thence along Iowa Highway 38 to Itojunction with U.S. Highway 61, thencealong U.S. Highway 61 to Its Junctionwith Iowa Highway 92, thence alongIowa Highway 92 to the Iowa-IllinoisState line, on the one hand, and, on theother, points in Nevada (points In Ei-nois, Kansas, and Colorado)*; and (D)between Bullitt, Hardin, Meade, Breck-Inridge, Hancock, Daviess, Henderson,Union, Webster, McLean, Crittenden,Hopkins, Ohio, Grayson, Edmonzon,-Hart, Warren, Butler, Muhlenberg,


2896

NOTICES

Logan, Todd; Christian, Trlfg, Simpson, U.S. Highway 2- The purpose of this fi1-Lyon,- Caldwell, and Jefferson Counties, ing is to eliminate the gateway of Ehnira,Ky., on the one hand, and, on the other, N.Y. The purpose of this correction is topoints in Missouri- (points in Illinois) *; clarify the destination point.(2) commodities, the transportation of No. MC 113843 (Sub-No. E853) (Cor-which, because of size or weight, require rection), filed June 4, 1974, published inthe use of special equipment (excep the FEDERAL REGcSTR October 10, 1974.those used in, qr in connection with, the Applicant: REFRIGERATED FOOD,construction, operation, repair, servicing, EXPRESS, INC., 316 Summer Street,maintenance and dismantling of main Boston, Mass. 02210. Applicant's repre-or trunk pipeline and except farm ma- sentative: Lawrence T. Shells (Same aschinery) ; (3) parts of commodities au- above). Authority sought to operate as athorized in (2) above,* either when in- common carrier, by motor vehicle, overdental to the transportation of such irregular routes, transporting: Frozencommodities, or when transported as foods, from Chambersburg, Pa., toseparate in unrestricted shipments; (4) -points In that part of New York boundedself-propelled artiles, each weighing y a e be at the Ne York-15,000 pounds or more, in related - Pennsylvania State lning a e endYrgchinery, tools, parts, and supplies when_ aeslania Stat lokinewad e7toendigmoving in connection therewith re- along New York Highway 1 8 to Depoststricted to commodities which are trans- thence along New York Hi ghway 8 toported on trailers; (5) machinery, equip- janction New York Highway 206, thencemnent, -materials, and -supplies used in,alnNeYokHgwy26tjncor in connection with, the discovery, de- tion New York Highway 7, thence along*elopment, production,. re ining, manu- New York Highway 7 to Junction Newfacture, processing,' storage, transmis York Highway 28, thence along New Yorksion and distribution of natural gas and Highway 28 to junction Interstate High-petroleum and their products and by- way 90, thence along Interstate High-products, except the strinking and pick- way 90 to junction New York Highwaying up of pipe in conneqtion with main 49, thence along New York Highway 49or trunk -pipelines;' (6) machinery,, to junction New York Highway 69, thenceequipment, materials, and supplies, used along New York Highway 69 to JunctionIn, or in connection with, the constric- New York Highway 13, thence along Newtion, operatidn, repairservicing, main- York Highway 13 to Lake Erie, thencetenance, and dismantling of pipelines, along the Lake Erle shoreline and theother than pipelines used for the trans.; US.-Canada International Boundarymission of natural gas, petroleum, their line to the New York-Vermont State line,prodhets and by-products, -water or thence along New York Highway 149 tosewerage, restricted to the transporta- junction New York Highway 40, thencetinn of shipments moving into 'or from along New York Highway 40 to Junctionpipeline rights-of-way; and (7) earth New York Highway 196, thence alongdrilling machinery and equipment, and New York Highway 196 to Glen Falls.machinery, equipmenIt, materials, sup- thence along New York Highway 50 toPlies. and-Pipe incidental to, used in, or" Schenectady, thence along New Yorkin connection with: (a) the transporta- Highway 1 to junction New York High-lion, installation, removal, operation, re- way 8, thenice along New York Highwaypair, servicing, maintenance, and dis- 8 to Deposit, thence along New Yorkmantling of drilling machinery and Highway 17 to the New York-Pennsyl-equipment, (b) the completion- of holes vanla State line and the point of begin-or wells drilled, (c) the production, stor- ning. The purpose of this filing is to elim-age, and transmission of commodities inate the gateway of Elmra, N.Y.resulting from drilling operations at No. MC 113843 (Sub-No. E931) (Cor-well or hole sites, and (d) the injection rection), filed June 4, 1974, published Inor i emoval of commodities into-or from the FEDERAL RE OSeR November 4, 1974.holes or wells; -between points in Texas, Applicant: REFRIGERATED FOODon the one hand, and, on the other, points EXPRESS, INC., 316 Summer Street,in Nebraska, South Dakota, North Da- Bostn, Mas. 02210. Applcans repre-kota. hnd Montana (points in OkIa- snttive: Lawrence T. Shells (sme ashoma) *. Restriction: The operations au- above). Authority sought to operate asthorized in parts (A), (B), and (C) of -bo a rity o tooperate as(1) above, are restricted against the- a.conmon carrier, by motor vehicle, overirregular routes, transporting: Frozentranspdrtation of agricultural machinery foods, from Moosic, Penn., to points inand agricultural tractors. The purpose of Ohio (except points In that portion ofthis filing is -to eliminate the gateways Ohio on and east of a line beginning at-ndcated by asterisks above., hoo n ato iebgniga

the Pennsylvania-West Virginia StateNo. MC 113843 (Sub-No. E282) (Cor- line and extending along Ohio Highway

rection), filed May 14, 1974, published in 213 to junction Ohio Highway 152,the FEDERAL REGSTER July 12, 1974. Ap- thence along Ohio Highway 152 to Junc-"plicant: REFRIGERATED FOOD EX- tlon U.S. Highway 22, thence along U.S.PRESS, INC., 316 Summer Street, Bos- Highway 22 to junction Ohio Highwayton, Mass. 02210. Applicant's representa- 800, thence along Ohio Highway 800 totife: Lawrence T. Shells (Same as junction Ohio Highway 148, thence alongabove)Y. Authority souglt to operate as a Ohio Highway 148 to the Ohio River).commoncarrier, by motor vehicle, over The purpose of this filing is to'eliminateirregular routes, transporting: Frozen the gateway of Elmira, New York, Thefoods, frbmi Baltim6re, Md., to points In purpose of this correction is to clarifythat part f.'Vermo it on and north of the territorial description.

No. MC 114211 (Sub-No.-E377), filedJune 4, 1974. Applicant:- WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's repre-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Farmmachinery and Parts thereof, from pointsin Minnesota, to points in that part of.Texas on and south of a line beginningat the Texas-Loulsiana State line,thence along Interstate Highway 20 toJunction US. Highway 271, thence alongU.S. Highway 271 to Junction TexasHighway 222, thence along Texas High-way 22 to Junction U. Highway 281,thence along U.S. Highway 281 to junc-tion U.S. Highway 190, thence along US.Highway 190 to junction Texas Highway29, thence along Texas Highway 29 toJunction US. Highway 290, thence alongUS. Highway 290 to junction US. High-way 67, thence along US. Highway 67 tothe Texas-Mexico International Bound-ary line, with no transportation for com-pensation on return except as otherwiseauthorized. The purpose of this filing IselIminate the gateway of Waterloo, Iowa.

No. MC 114211 (Sub-No. E378), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC.,- P.O. Box 420,Waterloo, Iowa 50704. ApplicanVs repre-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Self-propelled grading, paving, and finishingmachinery, equipment, parts, accessories,and attachments, from points in Maine.Vermont, New Hampshire, Massachu-setts, Rhode Island, Connecticut. NewYork, New Jersey, Delaware, Maryland,West Virginia, Virginia, Ohio,-Indiana,Kentucky, Tennessee, North Carolina,South Carolhia, Mississippi, Alabama,Georgia, Florida, South Carolina, Michi-gan, Pennsylvania, and points in thatpart of Illinois east and south of a linefrom Chicago, Ill., thence along US.Highway 66 to Junction Illinois Highway126, thence along Illinois Highway 126to Junction Illinois Highway 47, thencealong Illinois Highway 47 to junctionU.S. Highway 52, thence along US. High-way 52 to Junction US. Highway 51,thence along U.S. Highway 51 to june- -tion Illinois Highway 29, thence alongIllinois Highway 29 to Junction U.S.-Highway 36, thence along U.S. Highway36 to Junction Illinois Highway 4, thencealong Illinois Highway 4 to junctionIllinois Highway 16, thence along IllinoisHighway 16 to Junction U.S. Highway 67,thence along U.S. Highway 67 to theMissouri-Illinois State line to points inWashington, with no transportation forcompensation on return except as other-wise authorized. The purpose of this fil-ing is to eliminate the gateways of Can-ton, S. Dak, and Minneapolis, Minn.

No. MC 114211, (Sub-Ny. E379), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's repre-.sentative: Keneth R. Nelsbn (same asabove). Authority sought to operate as a


2W7

2898

common carrier, by motor vehicle, overirregular routes, transporting: Farmtractors and parts thereof, from pointsin Nebraska to points In that part ofIndiana on and north of a line beginningat the Illinois-Indiana State line, thencealong Interstate Highway 90 to Junc-tion U.S. Highway 421, thence along U.S.Highway 421 to junction U.S. Highway30, thence al6ng U.S. Highway 30 to theIndiana-Ohio State line. The pbrpose ofthis filing is to eliminate the gateway ofFt. Dodge, Iowa,

No. MC 114211 (Sub-No. E380.), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's repre-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overIrregular routes, transporting: Farmmachinery and Parts thereof, from pointsIn that part of Nebraska on and west ofa line beginning at the South Dakota-Nebraska State line, thence along Ne-braska Highway 14 to Junction U.S.Highway 20, thence along U.S. Highway20 to Junction U.S. Highway 81, thencealong U.S. Highway 81 to junction U.S.Highway 275, thence along U.S. High-way 275 to junction Nebraska Highway51, thence along Nebraska Highway 51to junction U.S. Highway 73, thencealong U.S. Highway 73 to junction U.S.Highway 30, thence along U.S. Highway30 to junction U.S. Highway 183. thencealong U.S. Highway 183 to junction US.Highway 6, thence along U.S. Highway6 to junction U.S. Highway 83, thencealong U.S. Highway 83 to the Colorado-Nebraska State line, to points in Indianarestricted against the transportation ofcommodities the transportation of which,because of size or weight, requires theuse of special equipment or special han-dling and further restricted against thetransportation of those commodities de-scribed In Mercer Extension-Oil FieldCommodities, 74 M.C.C. 459. The purposeof this filing Is to eliminate the gatewaysof Omaha, Nebr., Council Bluffs, Iowa,and Fort Dodge, Iowa.

No. MC 114211 (Sub-No. E381), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's rep-resentative: Kenneth R. Nelson (sameas above). Authority sought to operateas a common carrier, by motor vehicle,over Irregular routes, transporting: Ag-ricultural machinery, agricultural im-plements, and parts thereof, the trans-portation of which, because of size orweight, requires special equipment, frompoints n Nebraska to points in that partof Indiana on and north of a line begin-ning at the Illinois-Indiana State line,thence along Interstate Highway 90 toU.S. Highway 421, thence along U.S.Highway 421 to junction U.S. Highway30, thence along U.S. Highway 30 to theIndiana-Ohio State line. The purpose ofthis filing is to eliminate the gateway ofFort Dodge, Iowa.

No. MC 114211 (Sub-No. E382), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,

NOTICES

Waterloo, Iowa 50704. Applicant's rep-resentative: Kenneth R. Nelson (same

'as above). Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting:Farm machinery and parts thereof, frompoints in that part of Nebraska on andwest of a line beginning at the South Da-kota-Nebraska State line, thence alongU.S. Highway 83, to junction U.S. High-way 20, thence along U.S. Highway 20 tojunction Nebraska Highway 7, thencealong Nebraska Highway 7 to junctionNebraska Highway 91, thence along Ne-braska Highway 91 to junction U.S:Highway 183, thence along U.S. Highway183 to junction Nebraska Highway 70,thence along Nebraska Highway 70 toU.S. Highway 30, thence along U.S.Highway 30 to the Wyoming-NebraskaState line to points in Indiana. The pur-pose of this filing is to eliminate the gate-way of Des Moines, Iowa, and FortDodge, Iowa.

No. MC 114211 (Sub-No. E384), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's rep-resentative: -Kenneth R. Nelson (sameas above). Authority sought to operate asa common carrier, by motor vehicle, overirregular routes, transporting: Self-pro-pelled tractors, road making machinery,and contractors' equipment and supplies,from points in, that part of Kansas onand west of a line beginning at the Kan-sas-Nebraskd State line, thence alongU.S. Highway 183 to junction KansasHighway 9, thence along Kansas High-.way 9 to junction Kansas Highway 23,thence along Kansas Highway 23 tojunction U.S. Highway 83, thence alongU.S. Highway 83 to junction U.S. High-way 40, thence along U.S. Highway 40 tojunction Kansas Highway 25, thencealong Kansas Highway 25 tb junctionU.S. Highway 160, thence along U.S.Highway 160 to the Kansas-ColoradoState line and to points in that part ofNew York on and east of a line beginningat Silver Creek, N.Y., thence along NewYork Highway 428 to junction New YorkHighway 83, thence along New YorkHighway 83 to junction U.S. Highway 62,thence along U.S. Highway 62 to junc-tion New York Highway 17, thence alongNew York Highway 17 to junction U.S.Highway 219, thence along U.S. Highway219 to the New York-Pennsylvania Stateline, with no transportation for compen-sation on return except as otherwise au-thorized. The purpose of this filing is toeliminate the gateway of the plant siteof Stinar Corporation, in Minneapolis,Minn.

No. MC 114211 (Sub-No. E385), filedJune 4, 1974. Applicant: WARREN

- TRANSPORT, INC., .P.O. Box 420,Waterloo, Iowa 50704. Applicant's rep-resentative: Kenneth R. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Farmtractors and Parts thereof, from pointsIn Iowa to points In that part of Texason and west of a line beginning'at theOklahoma-Texas State linek thence

along Interstate Highway 35 to JunctionU.S. Highway 287, thence along U.S.Highway 287 to junction U.S. Highway75, thence along U.S. Highway 75 to Gal-veston, Tex., with no transportation ofcompensation on return except as other-wise authorized. The purpose of this fil-ing is to eliminate the gateway of Bea-trice, Nebr.

No. MC 114211 (Sub-No. E38), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's roprc-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Self-pro-pelled articles, road making machinery,and contractors' equipment and supplies,'from that part of Kansas on and west ofa line beginning at the Kansas-NebraskaState line, thence along U.S. Highway183 to Junction Kansas Highway 9,thence along Kansas Highway 9 to juno-tion Kansas Highway 23, thence alongKansas Highway 23 to Junction U.S.Highway 83, thence along U.S. Highway83 to Junction U.S. Highway 40, thencealong U.S. Highway 40 to Junction Kan-sas Highway 25, thence along KansasHighway 25 to Junction U.S. Highway160, thence along U.S. Highway 160 tothe Kansas-Colorado State line to pointsIn Maine, Vermont, and New Hampshire,with no transportation for compensationon return except as otherwise authorized,restricted against the transportation ofagricultural Implements and machineryas defined in Appendix XII to the re-port in Descriptions in Motor CarrierCertificates, 61 M.C.C. 209 and 292. Thepurpose of this filing Is to eliminate thegateway of Minneapolis, Minn.

No. MC 114211 (Sub-No. E387), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's repro-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overIrregular routes, transporting: Grading,paving, and paving machincry, equiP-ment, parts, accessories, and attach-ments, between points in New Mexico,on the one hand, and, on the other,points in Minnesota and -points in thatpart of Illinois on and north of a ,linebeginning at the Iowa-Illinois Stateline, thence along U.S. Highway 30 to,junction U.S. Highway 34, thence alongU.S. Highway 34 to Junction InterstateHighway 294, thence along InterstateHighway 294 to Junction InterstateHighway 80, thence along InterstateHighway 80 to Gary, Ind., and points inthat part of Iowa on and north of a linebeginning at the Illinois-Iowa State line,thence along U.S. Highway 30 to Junc-tion U.S. Highway 61, thence along U.S.Highway 61 to Junction Iowa Highway64, thence along Iowa Highway 64 toJunction Iowa Highway 38, thence alongIowa Highway 38 to junction U.S. High-way 20, thence along U.S. Highway 20 tothe Iowa-South Dakota State line, andpoints in that part of South Dakota onand east of a line beginning at the Ne-braska-SOuth Dakota State line, thence

FEDERAL REGISTER, VOL 40, NO.-11-THURSDAY, JANUARY 16, 1975

along U.S. Highway 81 to junction U.S.Highway 16, thence along U.S. Highway16 to junction South Dakota Highway37, thence along South Dakota Highway37 to junction U.S. Highway 212, thencealong U.S. Highway 212 to junction U.S.Highway 281, thencealong U.S. High-way 281 to junction South Dakota High-way 10, thence along South DakotaHighway 10 to junction South DakotaHighway 45, thence along South DakotaHighway 45-to the North Dakota-SouthDakota State line. The purpose of thisfiling is to eliminate the gateway ofCanton, S. Dak.

No. MC 114211- (Sub-No. E388), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's repre-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate asa common carrier, by motor vehicle, overirregular routes, transporting: Tractors(except those with vehicle beds, bedframes, and fifth wheels), equipmentdesigned for use in conjunction withtractors, agricultural, industrial, andconstruction machinery and equipment,trailers designed for the transportationof the above-described commodities(except those trailers designed to bedrawn by passenger automobiles), at-tachments for the above-described com-modities, inferial combustion enginesdd parts, the commodities describedabove, the transportation of which, be-cause. of size or weight, require specialequipment-from points in Nebraska topoints in Virginia, New York, Vermont,New Hampshire, Rhode Island, Con-.nectidut, -Delaware, Maryland, the Dis-trict of Columbia, New Jersey, Massa-chusetts, Maine, and Pennsylvania,restricted to the transportation of traf-fic originating at or-destined to the plantsites, warehouse sites, and experimentalfarms of Deere and Company. The pur-pose of this filing is to eliminate thegateway of Dubuque, Iowa.

No. MC 114211 (Sub-No. E389), fledJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,Waterloo, Iowa 50704. Applicant's repre-sentative: Kenneth R. Nelson (same asabove). Authority sought to operate asa common carrier, by motor vehicle, overirregular routes, transporting.- self-Propelled farm machinery, each weigh-ing 15,000 pounds or more, and partsthereof, from points in Missouri to pointsin that part of Montana on and north ofa line beginning at the North Dakota-Montana State line, thence along U.S.Highway 2 to the Idaho-Montana State

--line, and to points in that part of Idahoon and north of a line beginning at theIdaho-Montana State line, thence alongIdaho Highway 200 to junction U.S.Highway 95, thence along U.S. Highway95 to junction U.S. Highway 12, thencealong U.S. Highway 12 to the Washing-ton-Idaho State line, and to points inthat part of Washington on and northof a line beginning at the- Washington-Idaho State line, thence along U.S.Highway 12 to junction WashingtonHighway 126, thence along Washington

NOTICES

Highway 126 to Junction U.S. Highway12, thence along U.S. Highway 12 tojunction Washington Highway 11,thence along Washington Highway 11to the Washington-Oregon State line.and to points in that part of NorthDakota on and north of a line beginningat the North Dakota-Canada Interna-tional Boundary line, thence along Inter-state Highway 29 to junction NorthDakota Highway 5, thence along NorthDakota Highway 5 to junction NorthDakota Highway 8, thence along NorthDakota Highway 8 to Junction US.Highway 2. thence along U.S. Highway 2to the Montana-North Dakota State line,with no transportation for compensationon return except as otherwise author-ized, restricted to commodities which aretransported on trailers. The purpose ofthis filing Is to eliminate the gatewaysof Minneapolis, Minn., and Fort Dodge,Iowa.

No. LTC 114211 (Sub-No. E399), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420, Wa-terloo, Iowa 50704. Applicant's represen-tative: Kenneth R. Nelson, (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Farmmachinery and Parts thereof,* exceptcommodities requiring special equip-ment, from points in that part of SouthDakota on and north of a line beginningat the South Dakota-Wyoming State line,thence along U.S. Highway 18 to Junc-tion South Dakota Highway 79 thencealong South Dakota Highway 79 to Junc-tion Interstate Highway 90, thence alongInterstate Highway 90 to Junction SouthDakota Highway 37, thence along SouthDakota Highway 37 ,to junction U.S.Highway 414 to the South Dakota-lMin-nesota State line to points in Indiana.

No. MC 114211 (Sub-No. E402), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420, Wa-terloo, Iowa 50704. Applicant's represen-tative: Kenneth P. Nelson (same asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Self-pro-pelled rollers, from points In that partof Iowa on and northwest of a line be-ginning at the Iowa-Minnesota Stateline, thence along U.S. Highway 169 tojunction U.S. Highway 20, thence alongU.S. Highway 20 to the Iowa-NebraskaState line to points In Massachusetts andConnecticut, with no transportation forcompensation on return except as other-wise authorized. The purpose of this fil-ing is to eliminate the gateway of Min-neapolis, Mln,

No. MC 114211 (Sub-No. E414), filedJune 4, 1974. Applicant: WARRENTRANSPORT, INC., P.O. Box 420,

.Waterloo, Iowa 50704. Applicant's rep-resentative: Kenneth R. Nelson (sameas above). Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting: Self-propelled tractors, road making machin-er, and contractors' equipment and sup-plies, each weighing 15,000 pounds or

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more, from points in that part of Mis-souri on and south of a line beginningat the Kansas-Missourl State line, thencealong U.S. Highway 24 to junction U.S.Highway 65, thence along U.S. Highway65 to Junction U.S. Highway 36, thencealong U.S. Highway 36 to junction U.S.Highway 63, thence along U.S. Highway63 to Junction Missouri Highway 6,thence along Missouri Highway 6 toJunction Missouri Highway 15, thencealong Missouri Highway 15 to junctionU.S. Highway 136, thence along UZ.Highway 136 to the Illinos-M ssouriState line to points in Washington, NorthDakota, and to points in that part ofMontana on and north of a line begin-ning at the Montana-North Dakota Stateline, thence along U.S. Highway 12 tojunction U.S. Highway 10, thence alongU.S. Highway 10 to junction MontanaHighway 41, thence along Montana,Highway 41 to Junction Interstate High-way 15, thence along Interstate Highway15 to Junction Beaverhead County High-way 324, thence alongBeaverhead Coun-ty Highway 324 to the Montana-IdahoState line, and to points n that part ofIdaho on and north of a line beginningat the Montana-Idaho State line, thencealong the southern boundary of IdahoCounty, Idaho, to the Idaho-OregonState line, and to points in that part ofOregon on and northwest of a line begin-ning at the Washington-Oregon Stateline, thence along Oregon Highway 11 toJunction Interstate Highway 80, thencealong Interstate Highway 80 to junctionInterstate Highway 5, thence along In-terstate Highway 5 to junction OregonHighway 126, thence along Oregon High-way 126 to Florence, Oreg., with notransportation for compensation on re-turn except as otherwise authorized andrestricted to commodities which aretransported on trailers. The purpose ofthis filing is to eliminate the gateways ofMinneapolis, Minn., and Waterloo, Iowa.

No. MC 114211 (Sub-No. E594), filedJune 4, 1974. Applicant: WARRENTRANPSORT, INC, P.O. Box 420,Waterloo, Iowa 50704. Applicant's rep-resentative: Kenneth R. Nelson (same asabove). Authority sought to operate asa common carrier, by motor vehicle, overirregular routes, transp6rtng: Grading,paving, and finishing machinery, equip-met, parts, accessories, and attach-ments, from Thief River Falls, Minn topoints in California, Nevada, Arizona,Utah, New Mexico, Texas, Oklahoma,Arkansas, Louisiana, Mississippi, Mis-souri, Alabama, Georgia, Florida, Ten-neee, South Carolina, North Carolina,Virginia, Kentucky, West Virginia, theDistrict of Columbia, Maryland, Dela-ware, New Jersey, Pennsylvania, NewYork, Connecticut, Rhode Island, Mas-sachusetts, Vermont, New Hampshire,Maine, and to points in that part of Ohio -on and east of a'line beginning at theOhio-Indiana State line, thence alongU.S. Highway 36 to junction U.S. High-way 127, thence along U.S. Highway 127to Junction Alternate U.S. Highway 20..thence along Alternate US. Highway 20to Junction Ohio Highway 2, thence alongOhio Highway 2 to Toledo, Ohio, and toj

FEDERAL REGISTER, VbL 40, NO. 11-THURSDA(V JANUARY 16, 1975

points in that part of Oregon on andsouth of a line beginning at the Idaho-Georgia State line, thence along U.S.Highway 20 to junction U.S. Highway97, thence along U.S. Highway 97 tojunction Oregon Highway 58, thence

-along Oregon Highway 58 to junctionInterstate Highway 5; thence along In-terstate Highway 5 to junction OregonHighway 126, thence along OregonHighway 126 to Florence, Oreg., and topoints in that part of Wyoming on andsouth of a line beginning at the Utah-Wyoming State line, thence alongWyoming Highway 89 to junction U.S.Highway 30, thence along U.S." Highway30 to junction Interstate Highway 80,thence along Interstate Highway 80 toJunction U.S. Highway 187, thence alongU.S. Highway 187 to junction WyomingHighway 28, thence along WyomingHighway 28 to junction Wyoming High-way 789, thence along Wyoming Highway789 to junction U.S. Highway 20, thencealong U.S. HIghway 20 to the Nebraska-Wyoming State line, and to points in thatpart of Illinois on and south of a linebeginning at the Iowa-Illinois State line,thence along U.S. Highway 34 to junctionIllinois Highway 116, thence along 1211-nols Highway 116 to junction InterstateHighway 74, thence along InterstateHighway 74 to the Indiana-Illinois Stateline, and to points in that part of Indianaon and south of a line beginning at theIllinois-Indiana State line, thence alongU.S. Highway 136 to Junction IndianaHighway 32, thence along Indiana High-way 32 to the ndiana-Ohio State line.The purpose of this filing is to eliminatethe gateway of Canton, S. Dak.

No. MC 119767 (Sub-No. E8), filedJune 4, 1974. Applicant: BEAVERTRANSPORT CO., P.O. Box 186, Pleas-ant Prairie, Wis. 53158. Applicant's rep-resentative: E. Stephen Heisley, 666Eleventh St. NW., Washington, D.C.20001. Authority sought to operate as acommon carrier, by motor vehicle, overIrregular routes, transporting: Preparedfood products, dairy products and by-products, and materials, supplies, andequipment used or useful in the prepara-tion, packing, and sale of these com-modities, (1) from Minneapolis, New-port, St. Paul, and South St. Paul, Minn.,to points in Indiana and Illinois (RockElm, Spring Lake, Eau Galle, Weston,Dunn, Waubeck, Waterville, and Durand,Wis.) *, (2) from Minneapolis, St. Paul,South St. Paul, and Newport, Minn., toLouisville, Ky. (Rock Elm, Spring Lake,Eau Galle, Weston, Dunn, Waubeck,Waterville, and Duran, Wis.) *, (3) fromMinneapolis, St. Paul, South St. Paul,and Newport, Minn., to St. Louis, Mo.(Rock Elm, Spring Lake, Eau Galle,Weston, Dunn, Waubeck, Waterville,and Durand, Wis.) *. The purpose of thisfiling Is to "eliminate the gateways in-dicated by asterisks above.

No. MC 119767 -(Sub-No. E9), filedJune 4, 1974. Applicant: BEAVERTRAN4SPORT CO., P.O. Box 186, Pleas-ant Prairie, WIs. 53158. Applicant's rep-resentative: E. Stephen Hesley, 666Eleventh St. NW, Washington, D.C.

NOTICES

20001.' Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Preparedfood products, dairy products and by-products, and materials, supplies, andequipment used or useful in the prepara-tion, packing, and sale of these com-modities, (1) from St. Louis, Mo., topoints in Wisconsin (East St. Louis,311.) *; (2) from St. Louis, Mo., to Min-neapolis-St. Paul, South St. Paul, andNewport, Minn (East St. Louis, Ill., andRock Elm, Spring Lake, Pau Galle,Weston, Dunn, Waubeck, Waterville, andDurand, Wis.) *. The purpose of this fil-ing is to eliminate the gateways indicatedby asterisks above.

No. MC 119988 (Sub-No. E27), filedJune 3, 1974. Applicant: GREATWESTERN TRUCKING CO., INC., P.O.Box 1384, Lufkin, Texas 75902. Ap-plicant's representative: Joe E. Kinard,201 W. Commerce St., Lufkin, Texas75208. Authority sought to operate as acommon carrier, by motor vehicle, overIrregular routes, transporting: (1)Printed advertising x matter, and (2)newspaper supplements otherwise ex-empt from economic regulation-undersection 203(b) (7) of the Act when trans-ported in mixed loads with printed ad-vertising matter, from the facilities ofthe Oklahoma Publishing Co., Web Off-set Division, at or near Oklahoma City,Okla., to those points in New Mexico onand south of a line beginning at the NewMexico-Texas State line and extendingalong U.S. Highway 380 to junction U.S.Highway 85, thence along U.S. Highway

-85 to junction U.S. Highway 60, thencealong U.S. Highway 60 to the Newldexico-Arizona State line. The purposeof this filing is to eliminate the gatewayof that part of Texas on and east of aline beginning at the Texas-Oklahoma

- Boundary line and extending along U.S.Highway 81 to junction U.S. Highway181 to the Gulf of Mexico.

No. MC 119988 (Sub-No. E42), filedJune 3, 1974. Applicant: GREATWESTERN TRUCKING CO., INC., P.O.Box 1384, Lufkin, Texas 75902. AP-plicant's representative: Joe E. Kinard,201 W. Commerce Street, Dallas, Tex.75208. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: (1)Printed advertising matter, and (2)newspaper supplements otherwise ex-empt from economic *regulations undersection 203(b) (7) of the Act when trans-ported in mixed loads with printed ad-vertising matter, from the facilities ofthe Oklahoma Publishing Co., Web Off-set Division, at or near Oklahoma City,Okla., to points In North Carolina. The -purpose of this filing is to eliminate thegateway of M6ntgomery County, Kans.

-No. MC 119988 (Sub-No. E43), filedJune 3, 1974. Applicant: GREATWtSTERN TRUCKING CO., INC., P.O.Box 1384, Lufkin, Tex. 75902. Ap-plicant's representative: Joe E. Kinard,201 W.. Commerce Street, Dallas. Tex.75208. Authority sought to operate as a

common carrier, by motor vehicle, overfrregular routes, transporting: (1)Printed advertising matter, and (2)newspaper supplements otherwise ex-empt from economic regulations undersection 203(b) (7) of the Act when trans-ported in mixed loads with printed ad-vertising matter, from the facilities ofthe Oklahoma Publishing Co., Web Off-set Division, at or near Oklahoma City,Okla., to points in South Carolina, Thepurpose of this filing Is to eliminate thegateway of Montgomery County, Kans.

No. MC 119988 (Sub-No. E45), filedJune 3, 1974. Applicant: GREATWESTERN TRUCKING CO., INC., P.O.Box 1384, Lufkin, Texas 75902. Ap-plicant's representative: Joe E. Kinard,201 W. Commerce St., Dallas, Texas75208. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: (1)Printed advertising matter, and (2)newspaper supplements otherwise on-empt from economic regulation undersection 203(b) (7) of the Act when trans-ported in mixed loads with printed ad-vertising matter, from the facilities ofAllied Printers and Publishers at or nearTulsa, Okla., to points In Arizona. Thepurpose of this filing is to eliminate thegateway of that part of Texas on andeast of a line beginning at the Texas-Oklahoma boundary line, extendingalong U.S. Highway 81 to Junction U.S.Highway 181 to the Gulf of Mexico.

No. MC 119988 (Sub-No. E46), filedJune 3, 1974. Applicant: GREAT WEST-ERN TRUCKING CO., INC., P.O. Box1384, Lufkn, Tex. 75902. Applicant's rep-resentative: Joe E. Kinard, 201 V. Com-merce Street, Dallas, Tex. 75208. Author-ity sought to operate as a common car-rier, by motor vehicle, over Irregular'routes, transporting: (1) Printed adver-tising matter, and (2) newspaper supple- .ments otherwise exempt from economicregulation under Section 203(b) (7) ofthe Act when transported in mixed loadswith printed advertising matter, fromthe facilities of Allied Printers and Pub-lishers at or near Tulsa, Okla., to pointsin California (except Los Angeles) onand south of a line beginning at theCalifornia-Arizona State line and ex-tending along Interstate Highway 40 tojunction California Highway 58, thencealong California Highway 58 to JunctionCalifornia Highway 99, thence alongCalifornia Highway 99 to junction Cali-fornia Highway 46, thence along Cali-fornia Highway 46 to Paciflo Ocean.The purpose of this filing is to eliminate

-the gateway of that part of Texas on andeast of a line beginning at the Texas-Oklahoma boundary line and extendingalong U.S. Highway 81 to junction U.S.Highway 181, thence along U.S. High-way 181 to the Gulf of Mexico.

By the Commission.

rSrAL RoBERT L. OswALD,Seerctary.

IFR Doc.75-1561 Pilca 1-15-75:8:45 am]


NOTICES

[Notice 11

MOTOR CARRIER, BROKER, WATER CAR-RIER AND FREIGHT FORWARDER AP-PLICATIONS

JAIUARY 10, 1975.The following applications (except as

otherwise specifically noted, each appli-cant (on applications filed after March27, 1972) states that there .will be nosignificant effect on the quality of thehuman environment resulting from ap-proval of its application), are governedby Special Rule 1100.2471 of the Com-mission's general rules of practice (49CFT, as -amended), published In theFEDERAL REGISTER, issue of April 20, 1966.effective May 20, 1966. These rules pro-vide, among other things, that a protestto the granting of an application must befied with the. Commission within 30 daysafter date of notice of filing of the ap-plicati6n is published in the FEDERALREGISTER. Failure seasonably to Me a pro-test will be construed as a waiver of op-position and participation in the pro-ceeding. A protest under these rulesshould comply with section247(d) (3) ofthe rules of practice which requires thatit set forth specifically the grounds uponwhich it is made. contain a detailedstatement of prmtestant's interest In theproceeding (including a copy of the spe-cific portions of its authority which pro-testant believes to be in conflict withthat sought in the application, and de-scribing in detail the method-whetherby joinder, interline, or other means--by which protestant would use such au-thority to provide all or part of the serv-ice proposed), and shall specify withparticularity the facts, matters, andthings relied upon, but shall not includeissuesor allegations phrased generally.Protests not in reasonable compliancewith the requirements of the rules maybe rejected. The original and one (1)copy of-the protest shall be filed with theCommission, and a copy shall be servedconcurrently upon applicant's repre-sentative. or applicant if no representa-tive is named. If the protest includes arequest for oral hearing, such requestsshall meet the requirements of section247(d) (4) of the special rules, and shallinclude the certification required therein.

Section 247(f) of the Commisslion'srules of practice further provides thateach applicant shall, if protests to Itsapplication have been filed, and within60 days of the date of this publication,notify the Commission in wrIting (1)that it is ready to proceed and prosecutethe application, or (2) that it wishes towithdraw the application, failure inwhich the application will be dismissedby the Commission.

Further processing steps (whethermodified procedure, oral hearing, or'"other procedures) will be determined"generally n accordance with the Com-mission's general policy statement con-cerning- motor carrier licensing pro-

2 Copies of Special Rule 217 (as amended)can be, obtained -by writing to the Secretary,Interstate Commerce Commission, Washing-ton, D.C. 20423.

cedures, published In the FEDERAL REG-IsTER issue of May 3. 1960. This assign-ment will be by Commission order whichwill be served on each party of record.Broadening amendments will not be ac-cepted after the date of this publicationexcept for good cause shown, and re-strictive amendments will not be enter-tained following publication in the Fed-eral Register of a notice that the pro-.ceeding has been assigned' for oralhearing.

No. MC 6078 (Sub-No. 77). fled De-cember 16, 1974. Applicant: D. F. BAST.INC., P.O. Box 2288, Allentown. Pa.18001. Applicant's representative: BertCollins, Suite 6193. 5 World Trade Cen-ter, New York, N.Y. 10048. Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transjirting: Off-highway dump vehi-cles, with or without body: cabs, acces-sories and parts, for Said vehicles. fromLower Macungie Township (LehighCounty) and Allentown, Pa.. to points Inthe United States (except Alaska andHawaii), restricted to commodities, thetransportation of which because of sizoor weight requires the use of specialequipment, and related parts and ac-cessories when their transportation is in-cidental to the transportation of com-modities which by reason of size orweight require special equipment.

No=.--Common control may be Involved.If a hearingAs deemed neceary, applicantrequests it be held at Washington, D.C.

No. MC 26396 (Sub-No. 126), flMed De-cember 6, 1974. Applicant: POPELKATRUKING CO. d/b/a THE WAGGO-NERS. a Corporation. Box 990, Living-ston, Mont. 59047. Applpant's represent-ative: Jacob P. Billig, 1126 16th Street,Washington, D.C. 20036. Authoritysought-to operate as a common carrier,by motor vehicle, over Irregular routes,transporting: Particle board, from Al-bany, Bend, Mllersburg. and Dillard,Oreg., to points in North Dakota, SouthDakota, Minnesota and Nebraska.

No- Applicant olds contact carrierauthority in MC 2639 Sub-No. 3. thereforedual operations may be Involved. It a bea r-Ing is demed nes applcanU t requetsIt be held at,MLMoula. Mont.

No. MC 26639 (Sub-No. 1), med De-cember 5, 1974. Applicant: DEL TRANS-PORT, INC. 100 Yorkshire Street. Prov-idence, R.I 02908. Applicant's repre-sentative: Frank J. Weiner, 15 CourtSquare, Boston. Mass. 02108. Authoritysought to operate as a common carrier,by motor vehicle, over Irregular routes,transporting: General commodities (ex-cept those, of unusual value, Classes Aand B explosives, household goods as de-flned by the Commission, commodities inbulk, and commodities requiring specialequipment), between points in Rhode Is-land.

NoTE-Appllcant states that the requestedauthority will be tacked with its existingregular route authority In MO 2G639 atpoints In the Attleboro, iass.. CommercialZone which extends into Rhode I land. toprovide service between Boton, Mams. andpoints In Rhode Island. Applicant further

state3 that this application Is filed pursuantto the procedure establIshed by the Commis-sion in Last Vegas Tanh Lines. Inc. ExteisioAdditional California Points. I1G7 M.C.C. 589and there is an agreement by the parties in-volved. n part of the application. which In-cludes a covenant for cancellation of theCertificate of Registration by Paul E. Pel-letter, doing buzlnes a Pep Transportation,conditioned upon applicants obtaining anappropriate Certficate of Public Conven-lanco and Ncce ty: that the transfer of thaunderlying Rhoda Island interstate Certilf-cato No. MC 280 i and will be an Insepara-blo part of the propmed transaction; andthat the aggregated gros revenues of thepartles are less than $300,000.00 annually,and that the transaction does not require -prior approval under cection 5 of the Inter-state Commerce Act. If a hearing is. deemedLnecesary., applicant requests it be held ateither Providence. R.., or Boston, Mas.

No. MC 29910 (Sub-No. 153). filedNovember 29, 1974. Applicant: AR-KANSAS-BEST FREIGHT SYSTEB,INC. 301 South llth Street. Fort Smith.Ark. 72901. Applicant's representative:Don A. Smith. P.O. Box 43, Kelley Bldg..Fort Smith, Ark. 72901. Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-Ing: Electrical transformers and parts,and materials, equipmdnt. and supplies.used In the manufacture thereof, be-tween. Pine Bluff, Ark , on the one hand.and, on the other, points In Illinols, Tn-diana, Ohio. Michigan. M ssouri, Iowa.Wisconsin, those points in Nebraska onand east of U.S. Highway 81, those pointsin New York. on. north, and west of In-terstate Highway 84, and points InPennsylvania (except Philadelphla andits Commercial Zone).

Nora-Comnion control may be Involved.If a hearing Is deemed necessary, the appli-cant requests It be held at New Orleans, i.or Memphis, Tenn.

No. MC 29910 (Sub-No. 154), filecilDecember 16, 1974. Applicant: AR-KANSAS-BEST FREIGHT SYSIEM,INC., 301 South Ilth Street, Fort Smith.Ark. 72901. Applicant's representative:Don A. Smith, P.O. Box 43, Kelley Bldg.,Fort Smith, Ark. 72901. Authority soughtto operate as a common carrer, by motorvehicle, over regular routes, transport-Ing: General commodities (except thosof unusual value. Classes A and B ex-plosives, household goods as defined bythe Commisson, commodities in bulk,and those requiring special equipment),serving the Jeffery Energy Center lo-cated at Pottawatomle County, Hans., asan off-route point In connection withapplicant's authorized regular routeoperations between Topeka, Kans, and

ftnhattan, hans.Nom.--Common control may be involved.

If a hearing is deemed necessary. the appit-clnt rcqusts it be held at arn City, Hans.

No. TIC 30844 (Sub-No. 523), MedDecember 9, 1974. Applicant: KROBLINREFRIGERATED XPRESS, INC., 2125Commercial Street, Waterloo, Iowa50702. Applicant's representative: LarryStrickler (same address as applicant)-Authority sought to operate as a com-mon carrier, by motor vehicle, overirregular routes, transporting: t ,

FEDERAL REGISTER, VOL 40, NO. 11-TIURSDAY, JANUAnY 16, 1975

2901

NOTICES

meat products, meat by-products, andarticles distributed by meat packing-houses (except hides and commodities inbulk), from the plantsites and facilityof Coffeyville Packing Co., Inc., at ornear Coffeyville, Kans., to points in Con-necticut, Delaware, District of Columbia,Illinois, Iowa, Kentucky, Maine, Mary-land, Massachusetts, Michigan, Minne-sota, New Hampshire, New Jersey, NewYork, Ohio, Pennsylvania, Rhode Island,Virginia, Vermont, Texas, West Virginia,Wisconsin, and Indiana, restricted toshipments originating at Coffeyville,Kans.

NoT.--Common control may be involved.If a hearing is deemed necessary, the appli-cant requests it be held at Kansas City, Mo.,or Washington, D.C.

No. MC 34027 (Sub-No. 5), filedNovember 22, 1974. Applicant: GELT-INGS, INC., 214 South Clark, P.O. Box82, Pella, Iowa 50219. Applicant's repre-sentative: Larry D. Knox, 9th Floor,Hubbell Building, Des Moines, Iowa50309. Authority sought to operate as acommon carrier, by motor vehicle, overregular routes, transporting: Generalcommodities (except those of unusualvalue, Classes A and B explosives, house-hold goods as defined by the Commission,commodities in bulk, and those requiringspecial equipment), between Pella andChariton, Iowa, serving the intermedi-ate point of Knoxville, Iowa: From Pella,Iowa, south over unnumbered highwayto junction Iowa Highway 92, thencewest over Iowa Highway 92 to Knox-ville, Iowa, theilce south over Iowa High-way 14 to Chariton, Iowa, and returnover the same route.

Nors.-If a hearing is deemed necessary,applicant requests It be held at Des Moines,Iowa.

No. MC 41406 (Sub-No. 47) filed No-vember 11, 1974. Applicant: ARTIKTRANSPORTATION SYSTEM, INC.,7105 Kennedy Avenue, P.O. Box 2176,Hammond, Ind. 46323. Applicant's rep-resentative: William J. Walsh (same ad-dress as abplicant). Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Iron and steel articles, from Center-vile, Iowa, to points In Illinois, Indiana,Ohio, Pennsylvania, West Virginia, andthe Lower Peninsula of Michigan.

NoTE.-Common control may be involved.Applicant states that it intends to tack therequested authority with its existing au-thority (a) in Sub-No. 18 at Chicago, Ill.,and Portage, Ind., to serve Henderson, Louis-ville, and Paducah, Ky., and specifiedcounties in Wisconsin; (b) in pending MC-P-11406 at Monroe and Detroit, Mich., andYoungstown, Middletown, Ohio, and Pitts-burgh, Pa., to serve points in New York andpoints in Kentucky within 5 miles of theOhio River; (c) in pending Sub-No. 42 atKingsbury, Ind., to serve New York, N.Y.;and (d) in pending Sub-lo. 39, at BentonHarbor and St. Joseph, Mich., to serve Glas-gow, Ky. If a hearing is deemed necessary,applicant requests it be held at either Chi-cago, Ill., or Des Moines, Iowa, or Washington,D.C.

No. MC 51146 (Sub-No. 407), filed De-cember 2, 1974. Applicant: SCHNEIDER

TRANSPORT, INC., 2661 South Broad-way, Green Bay, Wis. 54304. Applicant'srepresentative: Nel A.-DuJardin, P.O.Box 2298, Green Bay, Wis. 54306. Author-ity sought to operate as a commoncarrier, by motor vehicle, over irregularroutes,i transporting: Printed matter,publications, and exempted printed mat-ter,,as described in Section 203(B) (7) ofthe Act, as amended, when transportedat the same time and in the same vehiclewith printed matter, and materials, sup-plies, and equipment used in the main-tenance and operation of printingplants, between the plantsite of the R. R.Donnelly & Sons Company located at ornear Gallatin, Tenn., -on the one hand,and, on the other, points in Minnesota,Iowa, Wisconsin, Michigan, Missouri,_11-linois, Indiana, Kentucky, Ohio, WestVirginia, Maryland, Delaware, New Jer-sey, Pennsylvania, Rhode Island- Con-necticut, New York, Massachusetts, Ver-mont, New Hampshire, Maine, and theDistrict of Columbia.

NorE.-Conimon control may be involved.If a hearing is deemed necessary, applicantrequests it be held at Chicago, IIl.

No. MC 51146 (Sub-No. 410) filedDecember 9, 1974. Applicant: SCHNEI-DER TRANSPORT, INC., 2661 SouthBroadway, Green Bay, Wis. 54304. Ap-plicant's representative: Neil A- DuJar-din, P.O. Box 2298, Green Bay, Wis. 54306.Authority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: (1) Household andcommercial appliances; (2) parts, acces-sories, and attachments, for householdand commercial appliances, and (3)materials, equipment, and supplies, usedin the manufacture and distribution ofthe commodities described in (1) and (2)above, between Searcy, Ark., and Ripon,Wis.

NorE.-Common control may be involved.H a hearing is deemed necessary, applicant,requests it be held at Chicago, 31.

No. MC 66462 (Sub-No. 19), filedNovember 18, 1974. Applicant: THEWILLEIT COMPANY, a Corporation,700 South Desplaines Street, Chicago,Ill. 60607. Applicant's representative:Thomas F. McFarland, Jr., 20 NorthWacker Drive, Suite 1034, Chicago, Ill.60606. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: (1) Mu-riatic acid, in bulk, in tank vehicles, fromLemont, Ill. to points in Lake and PorterCounties, Ind., and (2) sulphuric acid, inbulk, in tank vehicles, from the plantsiteof Kel Chemical Company, located at ornear Hammond, Ind., to points in Illi-nois; and (3) sulphuric acid, in bulk, intank vehicles, from De Pue, ll., to pointsin Indiana.

NoTE.-Common control and dual opera-tions may be involved. If a hearing s deemednecessary, applicant requests it be held atChicago, Ill., or Washington, D.C.

No. MC 66462 (Sub-No. 20), filedNovember 21, 1974. Applicant: THEWILLE COMPANY, a Corporation,700 South Desplaines Street, Chicago,Ill. 60607. Applicant's representative:

Thomas F. McFarland, Jr., 20 NorthWacker Drive, Suite 1034, Chicago, Ill,60606. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: (1) Fer-ric chloride, ferrous chloride, and muri-atic acid, in bulk, in tank vehicles, fromthe facilities of K. A. Steel Chemicals,Inc., located at or near Gary, Ind., topoints in Arkansas, Illinois, Iowa, Kan-sas, Kentucky, Michigan, Minnesota,Missouri, Nebraska, Ohio, Tennessee,and Wisconsin; and (2) spent murfaticacid, in bulk, in tank vehicles, frompoints in Illinois, Michigan, and Wiscon-sin, to the facilities of K. A. Steel Chemi-cals, Inc., at Gary, Ind.

No=.-Common control and dual opera-tions may be Involved. If a hearing Is deemednecessary, applicant requests it be hold atChicago, Ill., or Washington, D.O.

No. MC 72243 (Sub-No. 48, filed De-cember 12, 1974. Applicant: THE AETNAFREIGHT LINES, INCORPORATED,2507 Youngstown Rd. SE., P.O. Box 350,Warren, Ohio 44482. Applicant's repre-sentative: Einar Viren, 904 City NationalBank Bldg., Omaha, Nebr. 68102, Au-thority sought to operate as a commoncarrier, by motor vehicle, over Irregularroutes, transporting: Iron, steel, andiron or steel articles, from the plantslteand warehouses of C. F. , I. Steel Cor-poration located in Pueblo, Colo., topoints in Alabama, Arkansas, Connecti-cut, Delaware, Illinois, Indiana, Iowa,Kansas, Kentucky, Louisiana, Maryland,Massachusetts, Michigan, Minnesota,Mississippi, Missouri, Nebraska, NewJersey, South Dakota, Tennessee, Vir-ginia, Wisconsin, Wyoming, and the Di-trict of Columbia.

NoT.--If a hearing s deemd necessary, theapplicant requests it be hold at Denver, Colo,

No. MC 74321 (Sub-No. 111), filedDecember 9, 1974. Applicant: B. F.WALKER, INC., P.O. Box 17-B, Denver,Colo. 80217. Applicant's representative:Richard P. Kissinger (same address asapplicant). Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting: Ironand steel articles, fabricated and unlab-ricated, from points in Liberty County,Tex., to points in Alabama, Arkansas,Louisiana, Mississippi, and Oklahoma,

No.--If a hearing Is deemed necersary,applicant requests It be held at Dallas, Tex,,or Denver, Colo.

No. MC 75226 (Sub-No. 8), filed No-vember 18, 1974. Applicant: DECARLI'SEXPRESS, INC., Drawer K, 13 JohnFitch Boulevard, South Windsor, Conn,06074. Applicant's representative: JohnE. Fay, 630 Oakwood Avenue, West Hart-ford, Conn. 06110. Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: General commodities (except thoseof unusual value, Classes A and B explo-sives, household goods as defined by theCommission, commodities in bulk, andthose requiring special equipment), (1)between South Windsor, Conn., on theone hand, and, on the other, points in


2902

NOTICES

cles of unusual value, Classes A and Bexplosives, household goods as definedby the Commission, commodities in bulkand those requiring special equipment),having- a prior or subsequent movement

No. MC 955401 (Sub-No. 919), filed No-vember 26, 1974. Applicant- WATEM4SMOTOR INES, INC., 1940 MonroeDrive, P.O. Box 1636, Atlanta, Ga. 30342.ApplicanIft representative: Jerome F.

Connecticut; and (2) between Spring- by alrcrafkBetween Stapleton Interna-field, Mass., and points in Massachusetts tional Airport at Denver, Colo. and thewithin 15 miles of Springfield, Mass., on junction-'of Interstate Highway 80 (U.S.the one hand, and, on the other, Litch- Highway 30) and U.S. Highway 30 ap-field, Fairfield, New London, and Wind- proximately 6 miles west of Little Amer-ham Counties, Conn., restricted to traffic ica, Wyo.: (1) From Stapleton Interna-moving in connection with interstate tional Airport located in the Denver,common carriers. Colo., Commercial Zone over U.S. High-

Noa.--If a hearing Is deemed 'necessary, way 287 to Laramie, Wyo..- thence overapplicant requests it be held at either Hart- Interstate Highway 80 (US. Highwayford, Conn.. or Washington, D.O. 30) to junction U.S. Highway 30. ap-No. MC 87103 (Sub-No. 15), fied De- :proximately 6 miles west of Little Amer-cember 10, 1 74. Applicant: MIE ica, Wyo.; and (2) From Stapleton In-

c ternational Airport located in the Den,TRANSFER AND RIGGING CO., a Cor-poration, P.O. Box 6077, Akron, Ohio ver, Cola. Commercial Zone over Inter-44312. Applicant's representative: Ed- state Highway 25 to junction Coloradoward P. Bocko (same address as appl- HIghway 14, thence over Colorado High-cant). Authority sought to operate as a way 14 to Ft. Collins, Cola, thence overc6mmon carrier, by motor vehicle, over U.S. Highway 287 to Iarame, Wyo..irregular routes,transporting: (1) Metal thence over Interstate Highway 80 (U.S.woring lathes; and (2) electronic con- Highway 30) to Junction U.S. Highwaytrol consoles moving in connection there- 30, approximqtely 6 miles west of Littlewith or moving separately, ori air-ride. America, Wyo., serving no Intermediatevehicles having a manufacturer's rated points, in (1) and (2) above and servingcapacity not exceeding 16,000 15ounds in as off-route points in (1) and (2) above,exclusive use service, from the plant site (A) JnBrdger PowerPlant In Wyomingof the Warner & Swasey Co., Cleveland in Sweetwater County Road No. 15,Turning Machine Division, at or near approximately 8 miles north of Point ofpoints in Cuyahoga County, Ohio, to. Rock, Wyo.; (B) Texasgulf, Inc. plant Inpoints in: and east of Minnesota Iow, Wyoming, approximately 8 miles east ofMissouri, Arkansas, and- Louisiana. Granger. Wyo.. on an unnumbered high-

- hwaY; (C) FMC Corp. plant at Westvaco,fl .- Applleant holds contract carrier Wyo, on Sweetwater County Road No. 3.

authority in WC 119302 and Subs thereunder, approximately 6 miles north of U.S.therefore dual operations may be Invblved.common control may also be involved. It a Highway 30; (D) Allied Chemical Corp.heating is deemed necessary, the applicant and Church & Dwight Co. plants at A1-requests it be held at either Cleveland, Ohio, chem, Wyo., on Sweetwater County Roador Washington, D.C. No. 40, approximately 4 miles north of

No. MC 87928 (Sub-No. 47), filed De- U.S. Highway 30; and (E) Stauffercember 12, 1974. Applicant: AUTOMO- Chemical Co. plant at Stauffer, Wyo., onBILE TRANSPORT. INC., 36555 Michl- Wyoming State Highway 372, approxl-gan Avenue, Wayne. Mich. 48184. Appli- mately 15 miles north of Interstate High-cant's representatvez S. S. Eisen, 370 way 80.Lexington Avenue, New York, N.Y. 10017. Norm.-Tho purpozo of this correction is toAuthority sought to operate as a corn- indicate thb correct routes fought In thismon carrier, by-motor vehicle, over ir- proceeding. If a hearing is deemed neceary,regular routes, transporting: (1) Auto- applicant equests it ho hed at Rockmobiles, trucks, and buses, as described , wyo.in Descriptions in. Motor Carrier Certi f- No. MC 95350 (Sub-No. 6), filed De-cates 61 M.C.C. 209 and 766. in truck- camber 9, 1974. Applicant: &. W. JONESaway and driveaway service, from Chesa- TRUCKING COMPANY, a Corporation,peake, Va., to points in the United States P.O. Drawer T, Vernal, Utah 84078. Ap-(except Alaska -and Hawaii); and (2) plicant's representative: Harry D. Pugs-wrecked, disabled, or rejected vehicles, ley, Suite 400. 315 East 2nd South, Saltfrom points in the United States (except Lake City,. Utah 8411L Authority soughtAlaska and Hawaii), to Chesapeake, Va. to operate asa common carrier, by motor

Nor---Common control may be involved, vehicle, over Irregular routes, transport-If a hearing Is deemed necessary, the appU- Ing:. Machinery, material. equipment,cant requests it be held. at Washington, D.C. and supp7fies and facilities, used in, and

incidental to, and in connection with theNo. MC 896841 (Sub.No. 86) (Correc- discovery, development, production, ex-tion), filed November 4, 1974, published traction, and preservation of oil shales,in the FsxAsT. REErasx issue of Decem- natural gas, and petroleum: and the con-ber 12, 1974, and republished as corrected struction, dismantling, repair, servicing,this, issue. Applicant: WYCOEF COM- and maintenance of facilities for thePANY, INCORPORATED, 560 South 300 storage, operations, processing, repres-West, Salt Lake City, Utah 84111. Appli- suring, and blending of oil shale, naturalcan 's representative: Harry D. Pugsley', gas, gasoline, and petroleum, betweenSuite 400, 315 East 2nd South, Salt Lake pis gasomin and Cole ratweCity, Utah '84111. Authority sought to points In WyomngUtah, and Colorado.operate-as a commoi carrier, by motor NorM-I a hearing is deemed necesmry,vehicle, over regular routes, transport- applicant requests It be held. at either Vernal.in' rln - -7W- f ,f-- _" or Salt Lake City, Utah.


2903

Marks (same address as applicant). Au-thority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Clay and clayproducts (except In bulk). from points inScott-and Stoddard Counties, Mo, topoints In Missouri, Illinois, Ohio, Penn-sylvania, West Virginia, Tennessee Ken-tucky. Michigan, Wisconsin, Minnesota,Nebraska, Iowa, Indiana, Arkansas, Kan-sas. Oklahoma, Texas, New Jersey, NewYork, North Carolina, Rhode Island,South Carolina, Virginia, and the Dis-trIct of Columbia.

Nor.--Common control may be involvedIf a he ring Is deemed nece-ary, the appli-cant requests it be held at Washington. D.C.

No. MC 95876 (Sub-No. 163), filedNovember 26. 1974. Applicant: ANDER-SON TRUCKING SERVICE. INC., 203Cooper Avenue North, St. Cloud, Minn.56301. Applicant's representative: Val .Higgins. 1000 First National Bank Bldg.,Minneapolis, M nn. 55402. Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Lumber and lumber prod-ucts, from points In Utah, Colorado, andWyoming, to points in Arkansas, Illinois,Indiana. Iowa, Kansas, Kentucky. Mich-igan, Minnesota, Missouri, .Nebraska,North Dakota, Ohio, South Dakota.Texas, and Wisconsin.

No=.--Common control may be Involved-If a hearing is deemed necessary. the appli-cant requesta it be held. at either Denver.Colo., or LTInneapolI% MInn

No. MC 99493 (Sub-No. 4), filed No-vember 29, 1974. Applicant: CENTRALSTORAGE & TRANSFER CO. OFP HAR-RISBURG, a Corporation, 3500 Indus-trial Road, Harrisburg, Pa. 17105. Ap-plicant's representative: Christian V.Graf, 407 North Front Street, Harrisburg,Pa. 17101. Authority sought to operate asa common carrfer, by motor vehicle, overIrregular routes, transporting: Generalcommodities (except those of unusualvalue, Classes A and B explosives. house-hold goods as defined by the Commission,and commodities In bulk). (1) between.Harrisburg. Pa., and points within fivemiles thereof, on the one hand. and, onthe other, points In Adams. Berks, Blair,Bucks.Carbon. Centre, Chester. Clinton,Columbia, Cumberland. Dauphin, Dela-ware, Franklin, Huntingdon, Juniata,Lackawanna, Lancaster, Lebanon, Le-hgh.Luzerne,Lycoming. Mifin, Monroe,Montgomery, Montour, Northampton.Northumberland. Perry, Philadelphia,Schuy=lkil, Snyder. Union, Wyoming. andYork Counties, Pa.; (2) between pointsin the Philadelphia, Pa., CommercilZone, on the one hand, and, on theother points In Adams. CumberlandDauphin, Franklin. Lancaster, Lebanon,Perry. and York Counties. Pa., restrictedin (21 above to traffic moving in foreigncommerce: and (3) between points InYork (York County), Pa. and its Com-mercial Zone. on the one hand, and, onthe other, points in Adams, Berks,.Blair,Bucks, Carbon. Centre, Chester, Clinton,.Columbia, Cumberland, Dauphin, Dela-ware, Franklin, Huntingdon. Juniata,

NOTICES-

Lackawanna, Lancaster, Lebanon, Le-high, Luzerne,Lycoming, Mifflin, Monroe,Montgomery, Montour, Northampton,Northumberland, Perry, Philadelphia,Schuylkill, Snyder, Union, Wyoming, andYork Counties, Pa.

NoT.-If a'hearing Is deemed necessary,the applicant requests it be held at-HarrIs-burg, Pa.

No. MC 100666 (Sub-No. 287), ifiedDecember 12, 1974. Applicant: MELTONTRUCK LINES, INC., P.O. Box 7666,Shreveport, La. 71107. Applicant's rep-resentative: Wilburn L. Williamson, 280National Foundation Life Bldg., 3535NW. 58th, Oklahoma City, Okla. 73112.Authority sought to operate as a com-mon carrier, by motor vehicle, over ir-regular routes, transporting: (1) Ironand steel articles, from points in EllisCounty, Tex., to points in Arkansas, Col-orado, Kansas, Louisiana, Mississippi,New Mexico, Oklahoma, and Tennessee;and (2) scrap iron and scrap steel, frompoints in Arkansas, Colorado, Kansas,Louisiana, Mississippi, New Mexico, Ok-lahoma, and Tennessee, to.points in EllisCounty, Tex.

NoTE.-If a hearing Is deemed necessary,applicant requests it be held at Dallas, Tex.

No. MC .103051 (Sub-No. 333), filedDecember 13, 1974. Applicant: FLEETTRANSPORT COMPANY, INC., 934 44thAvenue North, Nashville, Tenn. 37209.Applicant's representative: Russell 'E.Stone (same address as applicant). Au-thority sought to operate as a commton-carrier, by motor vehicle, over irregularroutes, transporting: Liquid sugar, inbulk, in tank vehicles, from Belle Glade,Fla., to Athens and Savannah, Ga., andElkin, Greensboro, and Winston-Salem,N.C.

Nor.-Common control may be involved.If a hearing is deemed necessary, the appli-cant requests it be held at either Nashville,Tenn., or Atlanta, Ga.

No. MC 103993 (Sub-No. 846), filedNovember 29, 1974. Applicant: MOR-GAN DRIVE-AWAY, INC., 2800 WestLexington Avenue, Elkhart, Ind. 46514.Applicant's representative: Paul D. Bor-ghesani (same address as applicant).Authority sought to operate as a com-mon carrier, by motor vehicle, over ir-regular routes, transporting: Portablebleachers, mounted on wheeled under-carriages, from points in St. JosephCounty, Mich., to points in the UnitedStates (except Alaska and Hawaii).

NoTE.--Common control may be involved.If a hearing is deemed necessary, applicantrequests it be held at Detroit, Mich.

No. MC 105632 (Sub-No. 31), filed De-cember 11, 1974. Applicant: SOUTHERNREGION MOTOR TRANSPORT, INC.,966 Bankhead Avenue, NW., Atlanta,Ga. 30318. Applicant's representative:-William H. Teasley, P.O. Box 1808;Washington, D.C. 20013. Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: General commodities (ex-cept Classes A and B explosives and com-modities in bulk, in tank vehicles), be-

tween Macon (B'bb County), Ga., andCochran (Bleckley County), Ga., re-stricted to the movement of trailers hav-ing immediate prior or subsequent move-ment by rail.

NoTE.-Common control may be involved.If a hearing is deemed necessary, the appli-cant requests it be held at either Atlanta orMacon, Ga., or Washington, D.C.

-No. MC 106497 -(Sub-No. 104), filedDecember 13, 1974. Applicant: PARK-HELL TRUCK COMPANY, a Corpora-tion, P.O. Box 912 (Bus. Rte 1-44 east),Joplin, Mo. 64801. Applicant's repre-sentative: A. N. Jacobs, P.O. Box 113,Joplin, Mo. 64801. Authority sought! tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Iron and steel, and iron and steelarticles, from the plants and storagefacilities of CF&I Steel Corporation, at ornear Pueblo, Colo., to points in Wash-ington, Oregon, California, Wyoming,Colorado,- New Mexico, Kansas, Okla-homa, Texas, Iowa, Missouri, Arkansas,Louisiana, Illinois, Michigan, Indiana,Kentucky, Ohio, West Virginia, Penn-sylvania, New York, Virginia, NorthCarolina, Massachusetts, Connecticut,Rhode Island, New Jersey, Delaware,Maryland, and the District of Columbia.

NoTE.-Common control may be involved.If a hearing is deemed necessary, the ap-plicant requests it be held at Tulsa, Okla.,or Kansas City, Mo. -

-No. MC 106674 (Sub-No. 147), filedDecember 6, 1974. Applicant: SCHIINLMOTOR LINES, INC., P.O. Box 123,Remington, Ind. 47977. Applicant's repre-sentative: Jerry L. Johnson (same_ ad-dress as applicant). Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes transport-ing: (1) Wire, from the facilities of An-drews Wire Company at or near Galla-tin, Tenn., to points in Alabama, Arkan-sac, Illinois, Indiana, Kentucky, Michi-gan, Mississippi, Missouri, Ohio, Tennes-see, Texas, Wisconsin, and West Virginia;and (2) wire reels, from points inAlabama, Arkansas, Illinois, Indiana,Kentucky, Michigan, Mississippi, Mis-souri, Ohio, Tennessee, Texas, Wiscon-sin, and West Virginia, to the facilitiesof Andrews Wire Company at or nearGallatin, Tenn., restricted to the trans-portation of traffic originating at ordestined to Andrews Wire Company at ornear Gallatin, Tenn.

NoTE.-If a hearing is deemed necessary,the applicant requests It be held at eitherChicago, Ill., or Indianapolis, Ind.

No. MC 107403 (Sub-No. 927), filedDec. 13, 1974. Applicant: MATLACK,INC., Ten West Baltimore Avenue, Lans-downe, Pa. 19050. Applicant's representa-tive: Harry C. Ames, Jr., 666 11th St.,NW., Washington, D.C. 20001. Authoritysought to operate as a common carrier,by. motor vehicle, over irregular routes,transporting:, (1) Liquid pitch; In bulk,in tank vehicles, from Lima, Ohio, toWest Bend, Wis.; (2) methyl chloride, inbulk, in tank vehicles, from Institute,W. Va.,* to Chattanooga, Tenn., andBeaumont, Tex.; (3) Lead oxides, in

bulk, In tank vehicles, from HammondLead Products, Inc. (West PottsgrovoTownship, Montgomery County), Stowo,Pa., to Huguenot N.Y., Trenton, N.J.,Beltsvllle, Md., Secaucus, N.J., Sumter,S.C., Bennington, Vt., Middletown, Del,,Port Jervis, N.Y., and Lynchburg, Va.;and (4) dry adinic acid, In bulk, In tankvehicles, from Hopewell, Va., to Chester-town, Md.

NoTE.-Common control may be Involved.If a hearing is deemed neccrzary, applicantrequests It be held at W'shington, D.C.

No. MC 107515 (Sub-No. 971), filedDecember 5, 1974. Applicant: REFRIG-ERATED TRANSPORT CO., INC., P.O.Box 308, Forest Park, Ga. 30050, Appli-cants representative: Alan . Serby,3379 Peachtree Road NE., Suite 375,Atlanta, Ga. 30326. Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Meats, meat products, and meat by-products (except commodities in bulk),from the plantslte and other facilitiesutilized by Kentucky Sausage Co,, atNashville, Tenn., to points in Alabama,Arkansas, Florida, Georgia, Illinois,Indiana, Louisiana, Kansas, Iowa, Michi-gan, Mississippi, Missouri, North Caro-lina, Ohio, South Carolina, Texas, Okla-homa, Wisconsin, Virginia, West Virginia,Minnesota, and Nebraska, restricted totraffic originating at Kentucky SausageCO. -

NoTE.-Common control nd dual opera-tions may be Involved. If a hearing Is deemednecessary, applicant requests it be hold atNashville, Tenn., or Atlanta, Ga.

No. MC 107818 (Sub-No. 74), filed De-cember 18, 1974. Applicant: GREEN-STEIN TRUCKING COMPANY, a Cor-poration, 280 NW. 12th- Avenue, P.O.Box 608, Pompano Beach, Fla. 33001,Applicant's representative: Martin Sack,Jr., 1754 Gulf Life Tower, Jacksonville,Fla. 32207. Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting: Clayand clay products, In bags and bales,from points in Sumter County, S.C., andThomas County, Ga., to points in theUnited States in and east of Minnesota,Iowa, Missouri, Arkansas, and Missis-sippi.

NoTE.-If a hearing is deemed necessary,the applicant requests it be held at eitherPhiladelphia, Pa., or Washington, D.C.

No. MC 107913 (Sub-No. 14), filed No-vember 18, 1974. Applicant: F & W WC-PRESS, INC., 575 South Front Street,Memphis, Tenn. 38103. Applicant's rep-resentative: Edward G. Grogan, Suite2020, F rst National Bank Building,Memphis, Tenn. 38103. Authority soughtto operate as a common carrier, by motorvehicle, over regular routes, transport-ing: General commodities (exceptClasses A and B explosives, livestock,household goods as defined by the Com-mission, commodities in bulk, and thoserequiring special equipment), (1) Be-tween Greenville, Miss., and Magnolia,Ark.: From Greenville, Miss., over U.S.Highway 82 to Magnolia, Ark., and re-turn over the same route, serving all In-termediate points and the off-route


2904

NOTICES

points of Shuler, Ark., and the plant siteof Michigan Chemical Company near ElDorado, Ark.; (2) Between -Magnolia,Ark., and Fordyce, Ark.: From Magnolia,Ark., over U.S. Highway 79 to Fordyce,Ark., and -return over the same route,serving -al intermediate -points and theoff-route point of East Camden, Ark.;.(3) Between Camden, Ark., and ElDorado, Ark.: From Camden, Ark., overArkansas Highway 7 to-El Dorado, Ark.,and return over the same route, servingall Intermediate points; (4) Between ElDorado, Ark., and Thorton, Ark.: FromE1 Dorado, Ark.,.over U.S. Highway 167to Thorton, Ark-, and return ovei thesame route, serving all . Intermediatepoints; (5) Between Fordyce, Ark., andjun~tion U.S. Highway'65 and U.S. High-way 165 near jDermott, Ark.: FromFordyce, Ark., over Arkansas Highway 8to Warren, Ark., thence over ArkansasHighway 4 to Monticello, Ark., thenceover Arkansas Highvay 35 to Dermott,Ark, thence over U.S. Highway 165-to itsjunction with U.S. Highway 65, and. re-turn over the same route, serving all in-termediate pbints; - (6) Bdtween Ham-burg, Ark., and Lake Village, Ark.: FromHamburg, Ark., over Arkansas Highway81 to Star City, Ark., thence over Ar-kansas Highway 114 to Gould, Ark.,thence over U.S. Highway 65 to LakeVillage, Ark., and return over the'sameroute, serving all intermediate points;(7) between West Helena, Ark., andDumas, Ark.:- From -West -Helena, Ark.,over U.S. -Highway 49 to junction Ar-kansas Highwayl, thence over Arkansas,Highway l. to the Arkansas River,.thenceover Arkansas Highway 54C to Dumas,Ark., and return, for joinder purposesonly; and (8) Between Memphis, Tenn.,and -Fordyce, Ark.: From Memphis,Tenn., over Interstate Highway 40 toLittle Rock; Ark., thence over U.S. High-way 167 to Fordyce, Ark., and return,serving no intermediate points.

No.-If a hearing Is deemed necessary,applicant requests it be held at either ElDorado, Ark. or Memphis, Tenn.

NO. MC 108449 (Sub-No. 381), fledDecember 23, 1974. Applicant: INDIAN-HEAD TRUCK -INE, INC., 1947 WestCounty Road C, St. Paul, Minn. 55113.Applicant's representative: W. A. Myl-lenbeck (same address as applicant).Authority sought to operate As a com-mon carrier, by motor vehicle, overirregular routes, transporting: Food-stuffs (except potato products and fro-zen -potatoes); from the plantsite ofWestern Potato Service, Inc., located atGrand Forks,'N. Dak., to points inIllinois, Indiana, Iowa; Kansas, Michi-gan, Minnesota, Missouri, Nebraska,Ohio, Wisconsin, Kentucky, Maryland,North Carolina, New Jersey, New York.Pennsylvania, South Carolina, Tennes-see, Virginia, and West Virginia.

Nor.-If a hearing is -deemed necessary,the applicant requests it be held at eitherSt. Paul, Minn.," or Chicago, ILL

No. MC 109533 (Sub-No. 67) (Partialcorrection), filed October 21, 1974, pub-lished'in the FzEm A RsTER, Issues ofNovember 27, 1974, and December 190

1974. and 4in third publication, as tor--rected, this Issue. Applicant: OVERNrIETRANSPORTATION COMPANY, aCorporation, 1100 Commerce Road,Richmond, Va. 23224. Applicant's repre-sentative: E. T. Lllpfert, Suite 1100, 1660L Street NW., Washington, D.C. 20036.Authority sought to operate as a com-mon carrier, by motor vehicle, overregular routes, transporting: Generalcommodities (except those of unusualvalue, Classes A and B ex.plosives, house-hold goods as defined by the Commisson,commodities In bulk, and those requiringspecial equipment); (1) Between Jack-sonville, Fla., and Houston, Tex., servingall intermediate points and the off-routepoints of Gonzales, Fla., Port Arthur andPort Neches, Tex., Lemoyne, Ala., Cal-vert, Ala., and the plant site of DowBadische Company at or near Calvert,Ala.: From Jacksonville over InterstateHighway 10 and also U.S. Highway 90 toNew Orleans, La., thence over U.S. High-way 61 to Baton Rouge, La., thence overU.S. Highway 90 to Opelousas, La.,thence over U.S. Highway 167 to Lafay-ette, La., thence over Interstate High-way 10 and also U.S. Highway 90 toHouston, and return over the sameroute.-No=.-The purpose of this partial re-

bublicatlon is to correct Route No. 1. Therest of the notice remains as originally pub-llshed.-If a hearing Is deemed necessary. ap-plicant requests It be held -t either Atlanta,Ga., or New Orleans, La.

No. MC 110420 (Sub-No. 730), filed No-vember 27, 1974. Applicant: QUALITYCARRIERS; INC., P.O. Box 186, PleasantPrairie, Wis. 53158. Applicant's repre-sentative: David A. Petersen (same ad-dress as applicant). Authorily sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Corn products, and blends contain-ing corn products, in bulk, In tank vchl-cles, from Indianapols, Ind., to points inthe United States (except Alaska andHawaii).

NoTr.-Comrnon control may be involved.If a hearing s deemed necezary, applicantrequests It be hold at Indianapolis, Ind.

No. MC 110563 (Sub-No. 149), filed De-cember 20, 1974. Applicant: COLDWAYFOOD EXPRESS, INC., P.O. Box 747,Ohio Building, Sidney, Ohio 45365. Appli-cant's representative: Joseph LL Scan-lan, 111 W. Washington, Chicago, I1L60602. Authority sought to operate as acommon carrier, by motor vehicle, overIrregular routes, transporting: Confec-tionery products, from the Port of NewYork located at or near -New York City,Port of Newark, N.J., located at or nearNewark, NJ., the Port of Elizabeth, NJ.,located at or near Elizabeth, NJ., andHazleton. Pa., to points In Georgia, Flor-Ida, North Carolina, and South Carolina.

NoT.-If a hearing is deemed necessary,the applicant requests it be held at Hartford,Conn., and Washington, D.C.. No. ]AC.110563 (Sub-No. 150), filed De-

cember 20, 1974. Applicant: COLDWAYFOOD EXPRESS, INC., P.O. Box 747,Ohio Building, Sidney, Ohio 45365. Appil-cant's repiesentatfv: Joseph AL Scanlan,

111 W. Washington,'Chlcago, l. 60602.Authority.sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Confectioneryproducts, (a) from the Port of New Yorklocated at or near New York City, N.Y.,Port of Newark, N.J., located at or nearNewark, N.J.; the Port of Elizabeth, NewJersey, located at or near Elizabeth, N.J,and Hazelton, Pa., to points in Ohio,Michigan, Indiana, Illinois, Wisconsin,Missouri. Iowa, Minnesota, Nebraska,Kansas, Colorado, North Dakota, andSouth Dakota; and (b) from Detroit,Mich., to points In Wisconsin, Illinois,Missouri, Iowa, Minnesota, Nebraska.Kansas, Colorado, North Dakota, andSouth Dakota.

Norz.-If a hearing is deemed necessary,the applcant requests It be held at either%Stamford, Conn., or Washlngton. D.C.

No. MC 110563 (Sub-No. 151), fled De-cember 20, 1974. Applicant: COLDWAYFOOD EXPRES, INC, P.O. Box 747,Ohio Building, Sidney, Ohio 45365. Ap-plIcant's representative: Joseph AL Scan-lan, 111 W. Washington, Chicago, Ill.60602. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Heats,meat products, meat by-products, andarticles distributed by meat packing-houses as described in Sections A and Cof Appendix I to the report in Descrip-tions in Motor Carrier Certificates, 61M.C.C. 209 and 766 (except hides andcommoditles in bulk), from Wichita,Kans., to points in Ohio, PennsyIvana,Maryland, Vlrginia West Virginia, Ken-tucky, Delaware, New Jersey, Indiana,Illinois, New York, Connecticut, RhodeIsland, Michigan, Massachusetts, Maine,Vermont, New Hampshire, and the Dis-trict of Columbia.

Nor .- If a hearing is deemed necessary,the applicant requests it be held at eitherWichita or Mansas Clty, Kans.

No. MC 111941 (Sub-No. 23), filedDecember 13, 1974. Applicant: PIERCE-TON TRUCKING COMPANY, INC., P.O.Box 233, Laketon, Ind. 46943. Applicant'srepresentative: Alki E. Scopelitls, 815Merchants Bank Bldg., Indianapolis, Ind.46204. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Asphalt,and asphalt products, -from Warsaw,Ind., to points In Michigan.

No=-It a hearing Is deemed necessary,the applicant requests -it be held at In-dlanapolb, Ind, or Chicago, Ill.- No. MC 113024 (Sub-No..134), fIledDecember 2, 1974. Applicant: ARLING-TON J. WILTAMS, INC., R.D. No. 2,South Du Pont Highway, Smyrna, Del.19977. Applicant's representative: Sam-uel W. Earnshaw, 833 Washington Bldg.,Washington, D.C. 20005. Authoritysought to operate as a contract carrier,by motor vehicle, over Irregular routes,transporting: Crude rubber. (except inbulk), from Laplace, La., to .McCook,.Ncbr., and Wilmington, Del., under acontinuing contract or contracts withElectric Hose &,Rubber Company-, lo-cated at Wilmington, Del.

EEOERAL- REGISTER, VOL 40, NO. ll:--THURSDAY, JANUARY 16, 1975

2 NOTICES

' No.-Applcant holds cbmmon carrierauthority In MC 135046 and subs thereunder,therefore dual operations may be Involved.If a.hearing Is deemed necessary, the ap-plicant requests it be held at Washington,D.C.

No. MC 113855 (Sub-No. 304), filedDecember 13, 1974. Applicant: INTER-NATIONAL TRANSPORT, INC., 2450Marion Road SE., Rochester, , Minn.55901. Applicant's representative: AlanFoss, 502 First National Bank Bldg.,Fargo, N. Dak. 58102. Authority soughtto operate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Iron and steel, and iron and steelarticles, from the plant and storagefacilities of the CF & I Steel Corporation,at or near Pueblo, Colo., to points inSouth Dakota, North Dakota, Montana,Nebraska, Minnesota, Iowa, Wisconsin,Illinois, Indiana, Michigan, Kentucky,Ohio, West Virginia, Pennsylvania, NewYork, Connecticut, Massachusetts,Rhode Island, New Jersey, Delaware,Virginia, North Carolina, and Maryland.

No .If a hearing is deemed necessary,the applicant requests it be held at Denver,Colo.

No. MC 114004 (Sub-No. 152), filedNovember 26, 1974. Applicant: CHAND-LER TRAILER CONVOY, INC., 8828New Benton Highway, Little Rock, Ark.72209. Applicant's representative: Har-old G. Rernly, Jr., 118 N. St. AsaphStreet, Alexandria, Va. 22314. Authoritysought to operate as a common.carrier,by motor vehicle, over irregular routes,transporting: Trailers, designed to bedrawn by passenger automobiles, in ini-tial movements, and buildings, in sec-tions, from points in East Carroll Parish,Franklin Parish and Bossier Parish, La.,to points in the United States includingAlaska but excluding Hawaii.

,Nor=-f a hearing Is deemed necessary,the applicant requests it be held at Shreve-port, La., or Little Rock, Ark.

No. MC 114045 (Sub-No. 413), filedNovember 29, 1974. Applicant: TRANS-COLD EXPRESS, INC., P.O. Box 5842,Dallas, Tex. 75222. Applicant's represent-ative: Arnold L. Burke, 127 North Dear-born Street, Chicago, Ill. 60602. Author-ity sought to operate as a common car-rler, by motor vehicle, over irregularroutes, transporting: Candy and con-ectionery: (1) from Chicago, Ill., to

Kansas City, Mo., restricted to the trans-portation of shipments moving to theabove-named destination for in transitstorage; and (2) from Kansas City, Mo.,to points in Arizona, California, Colo-rado, Idaho, Montana, Nevada, NewMexico, Oklahoma, Oregon, Texas, Utah,Washington, and Wyoming, restricted in(2) above to the transportation of com-modities moving from storage in transit.

Nors.-Common control may be involved.If a hearing is deemed necessary, applicantrequests it be held at Chicago, Ill.

No. MC 114211 (Sub-No. 239), filedDecember 9, 1974. Applicant: WARRENTRANSPORT, INC., 324 Manhard, P.O.Box 420; Waterloo, Iowa 50704. Appli-cant's representative: Daniel Sullivan,327 'South LaSalle, Chicago, ]1. 60604.

Authority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: (A) (1) Equipment,designed for use in conjunction with self-propelled vehicles; (2) self-propelled ve-hicles; (3) material handling equipment;(4) trailers; and (5) attachments, parts,and accessories, from Omaha, -Nebr., topoints in the United States (exceptAlaska and Hawaii), and (B) materials,equipment and supplies (except com-modities in bulk), used in the manufac-turing and distribution of the commodi-ties named above, from points In theUnited States (except Alaska and

-Hawaii), to Omaha, Nebr.Nor.-If a hearing Is deemed necessary,

the applicant requests it be held at Omaha,Nebr.

No. MC 114273 (Sub-No. 225), filedNovember 27, 1974.'Applicant: CEDARRAPIDS STEEL TRANSPORTATION,INC., P.O. Box 68, Cedar Rapids; Iowa52406. Applicant's representative: Robert,E. Konchar, Suite 315, Commerce Ex-change Building, 2720 First Avenue NE.,P.O. Box 1943, Cedar Rapids, Iowa 52406.Authority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Hassocks, bean bagchairs, modular furniture, lawn furni-ture, pads and cushions, from Richmond,V.a., to points in Ohio and Michigan.

NoTe.--Common control may be involved.If a hearing is deemed necessary, applicantrequests it be held at Washington. D.C.

No. MC 114533 (Sub-No. 314), filedDecember 13,1974. Applicant: BANKERSDISPATCH CORPORATION, 1106 West35th Street, Chicago, Ill. 60609. Appli-cant's representative: Warren W. Wallin(same address as applicant). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: (1) Exposed and processedfilm and prints, complimentary replace-ment film and incidental dealer handlingsupplies (except motion picture film, andmaterials and supplies used In connectionwith commercial and television motionpictures) ; graphic arts materials; auditmedia and other business records, be-tween Peoria, Ill., on the one hand, and,on the other, points in Indiana (exceptHammond), and Wisconsin (except Mil-waukee); and (2) audit media and otherbusiness records, between Detroit, Mich.,and points within the Detroit CommercialZone, on the one hand, and, on the other,points in Allen, Huntington, Adams,Grant, Miami, Wabash, Whitely, I:osciu-sko, Fulton, Marshall, De Kalb, Noble,Lagrange, Elkhart, St. Joseph, La Porte,Porter, Lake Steuben, and Wells Coun-ties, Ind.

NoTE.-Appllcant holds contract carrierauthority in MC 28616 and other subs, there-fore dual operations may be involved. If ahearing is deemed necessary, the applicantrequests it be held at either Chicago, Ill.,Detroit, Mich., or Washington, D.C.

No. MC 115841 (Sub-No. 489), filedNovember 25, 1974. Applicant: COLO-NIAL REFRIGERATED TRANSPOR-TATION, INC., 105 Vulcan Road, Suite200, P.O. Box 10327, Birmingham, Ala.35202. Applicant's representative: Roger

M. Shaner (Same address as applicant),Authbrity sought to operate as a com-mon carrier, by motor vehicle, over ir-regular routes, transporting: Cannedand preserved foodstuffs (except com-modities In bulk), from Austin, Browns-town, Converse, Franklin, Redkey,Scottsbury, and Warren, Ind., to pointsin North Dakota, South Dakota, Nebras-ka, Kansas, Oklahoma, and Texas, andthose points in the United States In andeast thereof, restricted to traffic origi-nating at and destined to the namedpoints.

NoTr.-Common control may bo involved.If a hearing s deemed necessary, applicantrequests it be hold at either Louisville, ICy.,or Indianapolis, Ind.

No. MC 11600 (Sub-No. 17), filedDecember 13, 1974. Applicant: NANCEAND COLLUMS, INC., P.O. Drawer J,Fernwood, Miss. 39635. Applicant's rep-resentative: Harold D. Miller, Jr., 700Petroleum Bldg., P.O. Box 22567, Jack-son, Miss. 39205. Authority sought to op-erate as a common carrier, by motorvehicle, over Irregular routes, transport-ing: Wood chips, sawdust, wood shav-ings, and other scrap waste lumber matc-rials, from points in Pike County, Miss,,to points in Louisiana Alabama, Arkan-sas, and that part of Florida, on and westof a line formed by the Intersection ofthe Chattahoochee and ApalachicolaRivers.

NoTE-If a hearing Is deemed neCeozary,the applicant requests it be held at NovOrleans, La., or Jackson, Miss.

No. MC 117765 (Sub-No.' 181), filedDecember 6, 1974. Applicant: HAHNTRUCK LINE, INC., 5315 Northwest 5thStreet, Oklahoma City, Okla. 73107. Ap-plicant's representative: R. E. Hagan(Same address as applicant). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: (1) Feed ingredients andmixtures, from Des Moines, Iowa, topoints in Oklahoma; and (2) salt andsalt products, from Hutchinson, Kanop-olis, and Lyons, Kans., to points in In-diana and Ohio.

NoTr--If a hearing Is deemed necessary,applicant requests it be hold at OklahomaCity, Okla.

No. MC 119789 (Sub-No. 232), filed DQ-comber 26. 1974. Applicant: CARAVANREFRIGERATED CARGO, INC., P.O.Box 6188, Dallas, Tex. 75222. Applicant'srepresentative: James K. Newbold, Jr,(same address as applicant), Authoritysought to operate as a common carrier,by motor vehicle, over irregular routestransporting: Insulators, electric wire orwiring, pottery or pottery and iron com-bined, and parts, from Sandersvllo, Ga.,to points in Arizona, California, Colo-rado, Nevada, New Mexico, Texas andUtah.

NoE.--If a hearing is deemed necessary,the applicant requests it be held at Atlanta,Ga., or Washington, D.C.

No. MC 119789 (Sub-No. 233), filed De-cember 26, 1974. Applicant: CARAVANREFRIGERATED CARGO, INC., P.O.Box 6188, Dallas, Tex. 75222, Applicant's


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representative:, James K. Newbold, Jr.(Same address as applicant). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Confectionery chocolate,chocolate-coating, chocolate-syrup, co-coa, dry with or without sugar cocoa com-pounds, and beverage preparations, dry,from Fulton, N.Y., to points in California,Colorado, Louisiana, .Missouri, Nebraska,Oklahoma, Oregon, and Texas.

No o.E-i a hearing is deemed necessary,the applicant requests It be held at eitherNew York, N.Y., or Washington, D.C.

No. MC 119792 (Sub-No. 4,6), (Correc-tion), filed November 11, 1974, and pub--lished in the FEDERAL REGISTER, issue ofDecember 12, 1974, and republished ascorrected this issue. Applicant: CHr-CAGO SOUTHERN TRANSPORTA-TION COMPANY, INC., 3215 SouthHamilton Avenue, Chicago, I11.60603. Ap-plicant's representative: Carl L. Steiner,39 South La Salle Street, Chicago, Ill.60603. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Frozenpotatoes and -potato products, from theplantsite and storage facilities of J. R.Simplot Company in Minnesota, to,points in Kentucky, Tennessee, Alabama,Mississippi, Louisiana, North Carolina,South Carolina, Georgia, Arkansas, Vir-ginia, and Florida.

NoTE.-The purpose of this correction is toindicate that South Carolina is included in-the territorial description. If a hearing isdeemed necessary, the applicant requests itbe held at MlnneapolisrMlnn.

No. MC 119792 (Sub-No. 49), filed De-Cember 16, 1974. Applicant: CHICAGOSOUTHERN TRANSPORTATION COM-PANY, a Corporation, 3215 South Hamil-ton Avenue, Chicago, Il. 60608. Appli-cant's representative: Carl L. Steiner, 39.South LaSalle Street, Chicago, Ill. 60603.Authority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Food, food prod-

-ucts and food ingredients (except com-modities in bulk), from the plantslte and.storage facilities of Universal Foods, atBelle Chasse, La., to points in Alabama,Mississippi, Georgia, and Florida.

NOTE.-If a hearing is deemed necessary.the applicant requests it be held at NewOrleans, La.

No. MC 120430 (Sub-No. 9), filedDec. 23, 1974. Applicant: COASTALTRANSPORT CO., INC., P.O. Box 22592,Houston, Tex. 77027. Applicant's repre-sentative: Leroy Hallman, 4555 First Na-tional Bank Building, Dallas, Tex. 75202.Authority sought to operate as a com-mon carrier, by motor vehicle, over ir-regular routes, transporting: (I) Ply-wood particleboard and lumber, from theplantsite and storage facilities of KirbyLumber Corp., at or near Silsbee, Tex.,to points in Alabama, Arkansas, Con-necticut, Delaware, Florida, Georgia, 1111-nois; Indiana, Iowa, Kansas, Kentucky,Louisiana, Maine, Maryland, Massachu-setts, Michigan, Minnesota, Mississippi,Missouri, Nebraska, New Hampshire,New Jersey, New York, North Carolina,North Dakota, Ohio, Oklahoma, Penn-

sylvania, Rhode Island, South Carolina,South Dakota, Tennessee, Vermont, Vir-ginia, West Virginia, and Wisconsin; and(2) plywood from the plantslte and stor-age facilities of Kirby Lumber Corp., ator near Bon Weir, Tex., to points in Ala-bama, Arkansas, Connecticut, Delaware,Florida, Georgia, Illinois, Indiana, Iowa,Kansas, Kentucky, Loisiana, Maine,Maryland, Massachusetts, Michigan,Minnesota, Mississippi, Missouri, Ne-braska, New Hampshire, New Jersey.New York, North Carolina, North Da-kota, Ohio, Oklahoma, Pennsylvania,Rhode Island, South Carolina, South Da-kota, Tennessee, Vermont, Vhgnia,West Virginia, and Wisconsin, restrictedin (1) and (2) above, against the trans-portation of any shipments from or to,the facilities of United States GypsumCompany.

NorT.-ApplIcant holds contract carrierauthority In MC 134957. therefore dual op-erations may be involved. If a hearing Lsdeemed necessary, applicant requests It be-held at either Houston or Dallas, Tax.

No. MC 123023 (Sub-No. 3), filed.December 13, 1974. Applicant: DIPIE-TRO TRUCKING CO., a Corporation,2201 Sixth Avenue South, Seattle, Wash.98134. Applicant's representative: GeorgeKargianis, 2120 Pacific Bldg., Seattle,Wash. 98104. Authority sought to oper-ate as a common carrier, by motor ve-hicle, over Irregular routes, transporting:'Bananas, from Long Beach and Wil-mington, Calif., to Lewiston, Idaho, and-points in Washington and Oregon.. Nor.-If a hearing Is deemed necessary,the applicant requests It be hold* at Seattle,Wash.

No. MC 123048 (Sub-No. 319), filedDecember 13, 1974. Applicant: DIA-MOND TRANSPORTATION SYSTEM,INC., 5021 2Ist Street, Racine, Wis.53406. Applicant's representative: PaulC. Gartzke, 121 West Doty Street, Madi-son, Wis. 53703. Authority sought to op-erate as a common carrier, by motor ve-hicle, over irregular routes, transporting:(1) Self-propelled dragllnes, shovels anddrills, and accessories, attachments, andparts, for self-propelled draglines,shovels, and drills; and (2) material,

-equipment, and supplies, used or usefulin the manufacture, sale, and distrlbu-tion of the commodities in (1), above,

.between points in the United States (in-cluding Albska, but excluding Hawaii),restricted to shipments originating at ordestined td the plants, warehouses, stor-age and other facilities owned, operatedor used by Marion Power Shovel Co., Ind.Non-If a hearing is deemed necessary,

the applicant requests it be held at Chicago,I., or Washington, D.O.

No. MC 123255 (Sub-No. 45), filedDecember 18, 1974. Applicant: B & LMOTOR FREIGHT, INC., 140 EverettAvenue, Newark, Ohio 43055. Applicant'srepresentative: C. F. Schnee, Jr. (sameaddress as applicant). Authority soughtto operate as a common carrier, by motorvehicle, over .irregular routes, trans-porting: Malt beverages (except In bulk,in tank vehicles), from Newark, N.J., andPabst, Ga., to points In Ohio.

Norm.-Common control and dual opera-tlons may be Involved. It a hearing is deemednececaary, applicant requests it be held atColumbus, Ohio.

No. MC 123407 (Sub-No. 214), filedDecember 9, 1974. Applicant: SAWYERTRANSPORT, INC., South HavenSquare, U.S. Highway 6, Valparaiso, IncL.46383. Applicant's representative: RobertW. Sawyer (same address as applicant).Authority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Lumber, and lum-ber products, from Ashland, Wis., topoints In the United States In and eastof Montana, Wyoming, Colorado, andNew Mexico.

Norr--Coramon control may be involved.If a hearing s deemed necessary, applicantrequests It be hold at Mnneapolis, Mlnn., orWashington, D.C.

No. MC 123640 (Sub-No. 20), filedDecember 13, 1974. Applicant: SUMMITCITY ENTERPRISES, INC., 3200 Mau-mee Ave., Fort Wayne, Ind. 46803. Appli-cant's representative: Irving Klein, 280Broadway, New York, N.Y. 10007. Au-thority sought to operate as a contractcarrier, by motor vehicle, over irregularroutes, transporting: Such, commoditiessold and dealt in by wholesale hardwarehouses, between Cape Girardeau, Mo., onthe one hand, and, on the other, pointsin Ohio, under a continuing contract withHardware Wholesalers, Inc.

Xorn.-If a hearing is deemed necessary,the applicant requests it be held at Wash-ington. D.C.

No. MC 123900 (Sub-No. 6), filedDecember 16, 1974. Applicant:, DORICTRANSPORTATION CORP., 75 Varick

.,Street, New York, N.Y. 10013. Appllcant,'srepresentative: Bert Collins, Suite 61935 World Trade Center, New York, N.Y.10048. Authority sought to operate as acontract carrier, by motor vehicle, overirregular routes, transporting: Printedand unprinted paper, books, materials,.supplies, and equipment used or usefulIn the production, distribution or sale ofthe foregoing commodities (except inbulk), between the plantslte or otherfacilities of American Book-StratfordPress and/or its subsidiaries, located atSaddle Brook, N.J., on the one hand, and,on the other, points in Nassau, Suffolk.Westchester, Orange, and RocklandCounties, N.Y, under a continuing con-tract with Book-Stratforc Press, Inc.,and/or Its subsidiaries.

IoTr.-If a hearing s deemed necessary.the applicant requests It be held at NewYork, N.Y.

No. MC 124117 (Sub-No. 10), filed De-cember 4,1974. Applicant: EARL FREE-IAN, doing business as MID-TENN EX-

PRESS, P.O. Box 101, Eagleville, Tenn.37060. Applicant's representative: RobertL Baker, 618 Hamilton Bank Building,Nashville, Tenn. 37219. Authority soughEtto operate as a common carrier, by motorvehicle, over Irregular routes, transpor-Ing: Malt beverages and related advertis-ig materias, (1) From Baltimore, Md.Belleville and Peoria, M, Columbus,Ohio, F Wayne and Evansville, Ind,


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New Orleans, IL, St. Louis and St.Joseph, Mo., St. Paul, Minn., Louisvilleand Newport, Ky., Perry, Ga., Winston-Saleni, N.C., Milwaukee, Wis., and De-trolt, Mich., to points in Tennessee onand west of the Tennessee River; and(2) from Detroit, Mich., to points InTennessee on and east of U.S. Highway27.

No=,.-If a hearing is deemed necessary,applicant requests it be held at either Jack-son, Tenn., or Washington, D.C.

No. MC 125035 (Sub-No. 42), filed De-cember 16, 1974. Applicant: RAY E.BROWN TRUCKING, INC., P.O. Box501, Massillon, Ohio 44646. Applicant'srepresentative: David L. Pemberton, 50West Broad Street, Columbus, Ohio43215. Authority sought to operate as acontract carrier, by motor vehicle, over

"rkegular routes, transporting: Animalfeed, materials, supplies, and packaging,between Sebring, Ohio, and Everson, Pa.,on the one hand, and, on the other,points in the United States east of U.S.Highway 85, under a continuing contractor contracts with Allied Mills, Inc.

No.--If a hearing is deemed necessary,applicant requests it be held at Cleveland orColumbus, Ohio.

No. MC 124211 (Sub-No. 254), filedDecember 16, 1974. Applicant: HILTTRUCK LINE, INC., P.O. Box 988, Down-town Station, Omaha, Nebr. 68101. Ap-plicant's representative: Thomas L. Hilt(Same address as applicant). Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: (1) Adhesives, beverages,flour, foodstuffs (except frozen foodstuffs,meats, and packinghouse products), glu-ten, grain products, starch, and spirits;and (2) ingredients of the commoditiesnamed in (1) above, between points inAtchison County, Kans., on the onehand, and, on the other, points ih theUnited States (except Alaska andHawaii); (3) paint, paint materials,plumbing fixtures and supplies, appli-ances and accessories, between points inDouglas County, Nebr., on the one hand,and, on the other, points in the UnitedStates on and west of U.S. Highway 81(except Alaska and Hawaii); and (4)foodstuffs (except frozen foodstuffs,meats and packinghouse products), invehicles other than those equipped withmechanical refrigeration, between SiouxCity, Iowa, on the one hand, and, on theother, points in Idaho, parts (1), (2), (3),and (4) above is restricted against thetransportation of commodities in bulk, intank or hopper type vehicles.

No=-.-Common control may be Involved.If a hearing Is deemed necessary, the appli-cant requests it be held at either KansasCity, Ao., or Omaha, Nebr.

No. MC 125777 (Sub-No. 150), filedDecember 9, 1974, Applicant: JACKGRAY TRANSPORT, INC., 4600 East15th Avenue, Gary, Ind. 46403. Appli-cant's representative: Edward G. Baze-Ion, 39 South LaSalle Street, Chicago,Ill. 60603. Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting:

Coke, pig iron, scrap metal, and ores, inbulk, in dump vehicles, from ports of en-try located on the United States-Cana-dian International Boundary line inMichigan and New York, to points In theUnited States (except Alaska and Ha-wail), restricted to traffic moving fromCanada.

No=r.If a hearing is deemed necessary,the applicant requests it be held at Chicago,IlL

No. MC 128273 (Sub-No. 164), filedDecember 6, 1974. Applicant: MID-W7ESTERN DISTRIBUTION, INC., P.O.Box 189, Fort Scott, Kans. 66701. Appli-cant's representative: HarryRoss (sameaddress as applicant). Authority soughtto operate as a common carrier, by motorvehicle, over Irregular routes, transport-ing: (1) Rubber, rubber products, andsuch other commodities, as are manu--factured, processed,-and dealt in by rub-ber manufacturers- (except commoditiesin bulk, and commodities which, becauseof size or weight require the use of spe-cial equipment), from Topeka, Kans., to-points in Alabama, Mississippi, Tennes-see, Illinois, Ohio, Michigan, Wisconsin,.Indiana, Kentucky, and points in theUnited States on and west of the Missis-sippi River (except KansaS, Alaska, and,Hawaii); and (2) tires and equipment,-materials and supplies, used in themanufacture and distribution of rub-ber and rubber products, and such othercommodities as are manufactured andprocessed and dealt in by rubber manu-facturers (except commodities in bulk"and commodities which, because of sizeor weight, require use of special equip-ment), from points In Alabama, Missis-sippi, Tennessee, Illinois, Ohio, Michi-gan, Wisconsin, Indiana, Kentucky, andpointsn the United States on and westof the Mississippi River (except Kansas,Alaska, and Hawaii), to Topeka, Kans.

NoT.--f a hearing is deemed necessary,applicant requests It be held at Akron, Ohio.

No. MC 128831 (Sub-No. 8), filed De-cember 16, 1974. Applicant: DIXONRAPID TRANSFER, INC, Route 64East, Mt. Morris, Ill. 61054. Applicant'srepresentative: Robert H. Levy, 29 SouthLa Salle Street, Chicago, III. 60603. Au-thority sought to operate as a commoncarrier, by motor vehicle, over irregular

'routes, transporting: Pipe and duct usedin heating, cooling, air conditioning, andexhaust systems, and materials andsupplies used in the installation thereof;and building construction wall sectionsand parts and accessories used in the in-stallation thereof: (1) from the plant-site of United, Sheet Metal, Division ofUnited McGill Corp. at Westerville,Ohio, to points in Nebraska, Indiana,Iowa, 'Michigan, *Missouri, Minnesota,Wisconsin, and Illinois; and (2) fromthe plantsite of United Sheet Metal,Division of United McGill Corp. at Rock-ford, Ill., to points in Nebraska, Indiana,Iowa, Michigan, Ohio, Missouri, Minne-sota, Wisconsin, Kansas, South Dakota,and North Dakota.

NoTE.-Commom control may be Involved.If a hearing is deemed necessary, applicantrequests it be -held at Chicago, Ill.

No. MC 129171 (Sub-No. 16), filed De-cember 6, 1974. Applicant: ARTHURSHELLEY, INC., R.D. #2, Dallas, Pa.18612. Applicant's representative: Ken-neth R. Davis, 999 Union Street, Taylor,Pa. 18517. Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting:Candy and confectionery and related ad-vertising matter, from the plantslto ofCadbury Corporation, Humbolt Indus-trial Park, Hazle Township, Pa., to De-troit, Mich., Dallas, Tex., Denver, Colo,,Salt Lake City, Utah, Kansas City, Kans.,Kansas City, Mo., Chicago, Il., Seattle,Wash., Los Angeles, Emeryvhlle, andHayward, Calif., restricted to shipmentsoriginating at and destined to the abovepoints.

NoTn.-Applicant holds contract. carrirauthority in MC 120381 (Sub-No. 2), there-fore dual operations may be Involved. If ahearing Is deemed necessary, applicant re-quests it be held at Washington, D.C.

No. MC 133106 (Sub-No. 47) (Correc-'tion), filed November 22, 1974, publishedin the FEMu.PL REGISTE Issue of Decem-ber 19, 1974, and republished as amendedthis Issue. Applicant: NATIONAL CAP-RIERS, INC., 1501 East 8th Street, P.O.Box 1358, Liberal, Kans. 67901. Appli-cant's representative: Frederick J. Coff-man, 521 South 14th Street, P.O. Box81849, Lincoln, Nebr. 68501. Authoritysought to operate as a contract carrier,by motor vehicle, over Irregular routes,transporting: Such merchandise as ismanufactured or distributed by WarnerLambert Company, and related advcrtt -ing material, from the plantzltes5 andstorage facilities utilized by WarnerLambert Company, located at Long Is-land City, N.Y., Lititz and Philadelphia,Pa., and South Brunswick and NorthBergen, N.J., to Morrow, Ga., under con-tract with Warner-Lambert Company.

Norce.-The purpose of this correction Li toindicate tho applicant's reprezontatlvo'sname from Frederick J. Cosman, to Fredo-rick J. Coffman. If a hearing is deemed necco-sary, the applicant requests it be held atNov York, N.Y., or Kansas City, Mo.

No. MC 133223 (Sub-No. 3), filed De-cember 24, 1974. Applicant: OLYMPIC

REIGHTWAYS, INC., 1801 West 31stPlace, Chicago, Ill. 60608. Applicant'srepresentative: Anthony T. Thomas,6017 Cermack Road, Cicero, II. 60050.Authority sought to operate as a contractcarrier, by motor vehicle, over Irregularroutes, transporting: (1) Fresh baerwygoods, from the plantsite of East Bait.Commissary, Inc., located at Chicago,Ill., to points in Michigan; and (2)frozen bakery goods, from the plantslteof East Balt. Commissary, Inc. located atChicago, Ml., to points In Indiana, Iowa,Michigan, Missouri, and Wisconsin.

TOTb.-If a hearing Is decmed nccessity,the applicant rcquests it be hold at Chicago,Ill.

No. MC 133655 (Sub-No. 80), filed No-vember 25, 1974. Applicant: TRANS-NATIONAL TRUCK, INC., P.O. Box4168, Amarillo, Tex. 79105. Applicantsrepresentative: Nell A. DuJardin, P.O.Box 2298, Green Bay, Wis. 54306, Au-thority sought to operate as a common

FEDERAL REGISTER, VOL 40, NO. I I-THURDAY, JANUARY 16, 1975

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carrier, by motor vehicle, over irregular Woodbridge and Paramus, N.J, on the tank vehicles, from Detroit, Mich, toroutes, transporting: Printed matter, one -hand, and, on the other, Abraham Cincinnati, Ohio.publidations, and exempted printed & Straus stores In NewrYork City (ex- r.=Zf a hearing is deemed nece=,ary.matter, as described in Section 203(B) cept Brooklyn), and points in Nassau applicant reqfUs It be held a Cincinnati,(7) of the Act, as amended, when trans- and Suffolk Counties, N.Y., under con- or Columbus Ohio.ported at the same time and in the tractwith Abraham& Stras. No. MC 136168 (Sub-No. 3), filed Dec.same -vehicle -with printed matter, and No=.f a hearing I- deemed necee4 ry, I1, 1974. Applicant: WILSON CERTI-materials, suplepr, and equipment used the appUcant requests It be held at N ew? i EXPRESS, INC., P.O. Box 529,in the maintenance and operation of York, m.Y, Albrt Lea, Mi. 56007. Applicants rep-printing plants, between the plantsite No. MC 136008 (Sub-No. 42) (Amend- resentative: Donald L. Stern, Suite 530of the R. R. Donnelly & Sons. Company ment), filed October 1, 1974, published Urnivac Building, 7100 West CenterRoad,-located at or near Warsaw, Ind., on theone band, and, on the other, points n in the FEDERAL REGISTER issue of Novem- Omaha, Nebr. 68106. Authority soughtWashington, Idaho, Montrn, Noith ber 1, 1974, and republished as amended to operate as a contract carrier, by motorDakota, South Dakota, Nebraska, Wyo- this issue. Applicant: JOE BROWN vehicle, over irregular routes, transport-COMPANY, INC., 20 Third Street, P.O. ing: (1) feats, meat products, and meatming, Oregon, Utah, Nevada, California, Box 1669, Ardmore, Olka. 73401. Appli- bj-pr ducts and articles distributed bgColorado, Arizona, New Mexico, Kansas, cant's representative: Rufus H. Lawson, meat packinghouses, as described in Sec-Oklahoma, Texas, Arkansas, ousiana 106 BLxer Building, 2400 Northwest 23rd tions A and C of Appendix I to the reportMississippi, Tennessee, Alabama, Geor- St., Oklahoma City, Okla. 73107. Author- In Descriptions in Motor Carrier Certifz-gia, NortUaroina, South Carolina, and ity sought to operate as a common car- cate, 61 M.C.C. 209 and 766 (except

eorida. r, by motor vehicle, over irregular hides and commoditiesinbulk) .from theNon---Common control may be involved. routes, transporting: Fertilizer, in bulk, plantsites and warehouse facilities uti-

If a hearing Is deemed necessary, appIcant in open top dump trucks only, between lized by Wilson & Co., Inc., at Albert Lea.requests At be held at Chicago, IM. points in Oklahoma, Kansas, Texas, and Ainn., Cedar Rapids, Cherokee, and DesNo. MC 134783 (Sub-No. 29), filed Louisiana. iMoines, Iowa; Monmouth, hI.; and

- December 9, 1974. Applicant: DIRECT NoTE.-The purporo of this republcation Omaha, Nebr.,to points inArizona, Cal!-SERVICE, INC., P.O. Box 786, Plainview, is to clarify appUcant's propoed operation&. fornia, Idaho, Montana, Nevada, Oregon,Tex. 79072. Applicant's representative: If a hearing Is deemed necesary, the appll- Utah, Washington, and Wyoming; andCharles J. Kimball, 2310 Colorado State cant requests it be held at Oa1ahomau City, (2) materials, supplies, and equip Men ,Bank Bldg, 1600 Broadway, Denver, Okla., or Dallas, Tex. utilized in the manufacture, sale andColo. 80202. Authority sought to operate No. MC 136008 (Sub-No. 47), fledf distribution of commodities in (1) above,as'a common carrier, by motor vehicle, December 17, 1974. Applicant: JOE from pointsnArzona, Callfornia, Idaho,,over Irregular routes, transporting: BROWN COMPANY, INC., 20 Third Montana, Nevada, Oregon, Utah, Wash-Hides, skins, chromes, and pieces there- Street, P.O. Box 1609, Ardmore, OkIa. lngton and Wyoming, to facilities uti-from and tannery products, supplies, 73401. Applicant's representative: Rufus lized by Wilson & Co., Inc., at Albert Lea,and bg products, from points in Minne- H. Lawson, 106 Bixder Building, 2400 Minn'.. Cedar Rapids, Cherokee, and Dessota, Wisconsin, Iowa, South Dakota, Northwest 23rd Street, Olahoma City, Moies, owa; Monmouth, IlL; andNebrask, Missouri, 'ansas, Colorado, Okla. 73107 Authority sought to operate Wfnal, ebr., under contr act withWL-Oklahoma, New Mexico, Texas, and as a common carrier, by motor vehicle, son & Co., Inc, restricted to traffic origi-Loulsiana, to points in California, re- over irregular routes, transporting: lto , nating or terminating at the above fa-stricted- to traffic moving under 8 sand, gravel, stone, calishe and irt, be- cilities utilized by Wilson & Co, Inc.,through, exp0rt bill of lading. tween points in Armstrong, Briscoe, Car_ and further restricted to transportationwen Csr Chdeso1n - - to be performedt under contract with

No-If a hearing is deemed necessary, son, Castro, Childress, Coll nsorth,, tpon rmed - d .athe applicant requests it be held at Houston, Dallam, Deaf Smith, Donley, Gray, Hall, a il...Tex. ' Hansford, Hartley, HemphIll, Hutchin- 27on--Common control may be involved.

No. MC 135007 (Sub-No. 47), flied son, Lipscomb, Moore, Ochiltree, Old- if a hearing Is deemed necessary, applicantDec. 23, 1974. Applicant: AMERICAN ham, Farmer, Potter, Randall, Roberts, requests It te held at Oklahoma Clty, O02a.,TRANSPORT,- INC., 7850 F Street, Sherman, Swishes, and Wheeler Cour- orOmaha, Nebr.Omaha, Nebr. 68127. Applicant's repre- ties, Te., on the one hand, and, on the No. MC 138772 (Sub-No. 3), filed Octo-sentative: Frederick J. Coffman, 521 other, points In Beaver, Beckham, Cim- ber 15, 1974. Applicant: DELBMT D.South 14th Street, P.O. Box 81849, Lin- arron, Custer, Dewey, Ellis, Greer, Har- McCLELLAND, doing business as ALLcoln, Nebr. 68501. Authority sought to mon, Harper, Jackson; Kiowa, Major, WAYS FREIG1T LINE, 215 North 18thoperate as a contract carrier, by motor Roger Mills, Texas, Tillman, Washlta6, Street, Leavenworth. Kans. 66043. Appli-vehicle, over irregular routes, transport- Woods and Woodward Counties, Okla.; cant's representative: John E. Jandera,ing: Carpet lining and padding, from points In Colfax, Curry, DeBaca, Guada- 641 Harrison Street, Topeka, Kans.Norfolk, Va., to points in Colorado, Iowa," lupe, Harding, Quay, Roosevelt, San Mi- 66603. Authority sought to operite as aKan.,as, Louisiana, Missouri, Nebraska, guel and Union Counties, N. Mex.; points common carrier, by motor vehicle, overNew Mexico, Oklahoma, and Texas, un- in Clark, Finney, Ford, Grant, Gray, regular routes, transporting: Generalder contract with -William Volker & Hamlton, Haskell, Hodgeman, Kearny, commodities (except those of unusualCompany. Meade, Morton. Seward, Stanton and value, Classes A and B explosives, house-NOT -f a hearing is deemed necessary, Stevens Counties, Hans.; and points in hold goods as defined by the Commission,

applicant requests It be held at San Mran- Baca, Bent, Crowley, Las Animas and commodities In bulk, and those whichcisco, Calif, or Omaha, Nebr. Prowers Counties, Colo. because of size or weight require the use

o 13 (- o.) e No..-- a hearing is deemed nc , of special equipment); (1) BetweenNo. MC '135256 (Sub-No. 3),- mied applcan aeuss b he ld at Oldho Blue Rapids and Marysville, Kafns., sr7-December 13, 1974. Apphicant: JOHN1 applicant requests It be held at Oklahoma ]u aisad lyve . aBRU b doing business as -DATA City, Okla. orDallas, T • ing all intermediate points, and, the off-

route point of Oheto, Mans.: FromTRANSPORT, P.O. Box 23K, Greenlawn, No. MC 136012 (Sub-No. 2), filed De- Blue Rapids. rTans., over U.S. HighwayN.Y. 11740. Applicant's representative: cember 10, 1974. Applicant: UNITED 17 to Junction Kansas Highway I5E,William J. Augello, 120 Main Street, P.O. STATES TRANSPORTATION, INC., thence over Kansas Highway 15E toBox Z, Huntington, N.Y. 11743. Author- '8345 Couglike, Cincinnati, Ohio 45244. Hanover, Hans., thence over mnnum-Ity sought to operate as a contract car- Applicant's representative: Richard L. bered County Highway through Bremenrier, by motor vehicle, over Irregular Goodman, 8 East Broad Street, Colum- and Herkimer, Kans., to Junction US.routes, transporting: Business papers, bus, Ohio 43215. Authority sought to OP- Highway 36, thenceoverU-9. Highway36records and documentz, between Brook- erate as a common carrier, by motor to MarysviuIq, Mans.; (2) Between Atch-lyn, N.Y., on the one linand, and, on the vehicle, over Irregular routes, transport- Ison and Seneca, Mans., serving Horton,other, Paramus, N.J.; and (2) between ing: Liquid brewery yeast, in bulk, in Kans, as an Intermediate point: From

FEDERAL REGISTER, VOL 40, NO. lit--THURSDAY, JANUARY 16, 1975

NOTICES 2909

NOTICES

Atchison, Hans., over U.S. Highway 73to junction U.S. Highway 36, thence overU.S. Highway 36 to Seneca, Hans., andreturn over the same route; (3) BetweenHorton and Seneca, Kans., as an alter-nate route, serving no intermediatepoints: From Horton, Hans., over Kan-sas Highway 20 to junction U.S. High-way 75, thence over U.S. Highway 75 tojunction U.S. Highway- 36, thence overU.S. Highway 36 to Seneca, Hans., andreturn over the same route; and (4) Be-tween St. Joseph, Mo., and McLouth,Hans., serving those intermediate pointsfrom junction U.S. Highway 159 andKansas Highway 20 (including Horton,Hans.) Southward: From St. Joseph,Mo., over U.S. Highway 36 to junctionU.S. Highway 159, thence over U.S. High-way 159 to junction U.S. Highway 59(near Nortonville, Hans.), thence overU.S. 'Highway 59 to junction KansasHighway 192, thence over Kansas High-way 192 to junctidn U.S. Highway 73,thence over U.S. Highway 73 to junctionKansas Highway 92, thence over Kan-sas Highway 92 to MIcLouth, Hans., andreturn over the same route.

NoTr-If a hearing is deemed necessary,applicant requests it be held at Kansas City,Mo.

No. MC 138875 (Sub-No. 23), filed No-vember 29, 1974. Applicant: SHOE-MAKER TRUCKING COMPANY, a Cor-poration, 11900 Franklin Road, Boise,Idaho 83705. Applicant's representative:Frank L. Sigloh, P.O. Box 7651, Boise,Idaho 83707. Authority sought to oper-ate as a common carrier, by motor ve-hicle, over irregular routes, tran.porting:Diatomaceous earth, from the plant-site of Southern Mining and Minerals,Inc., located at or near Westfall (Mal-heur County), Oreg., to ports and docksin Oregon, Washington, and California,restricted to the transportation of exporttraffic having a prior or subsequentmovement by ocean vessels.

NoTE.-If a hearing is deemed necessary,the applicant requests it be held at Boise,Idaho.

No. MC 139460 (Sub-No. 17), filed No-vember 26, 1974. Applicant: FORT ED-WARD EXPRESS CO., INC., Route 9,Saratogq Road, Fort Edward, N.Y. 12828.Applicant's representative: J. Fred Rel-yea (same address as applicant). Au-thority sought to operate as a commoncarrier, by motor vehicle, over irregularroutes, transporting: Liquefied petroleumgas, in bulk, in tank vehicles, from portsof entry on the International Boundaryline between the United States and Can-ada at or near Champlain and TroutRiver, N.Y., and Derby, Highgate, andNorton, Vt.,' to points in New York onand east of Interstate Highway 81 (ex-cept points in Clinton, Essex, Franklin,Hamilton, Herkimer, Jefferson, Lewis,Saratoga, St. Lawrence, Warren, andWashington Counties, N.Y.); points inPennsylvania on and east of InterstateHighway 81 and those points on andnorth of Interstate Highway 80, and thatpart of Massachusetts on and west ofU.S. Highway 5.

NoTE.-If a hearing is deemed necessary,the applicant requests it be held at eitherWashington, D.C., Providence, R.I., or Boston,Mass.

No. MC 139482 (Sub-No. 5), filed De-cember 2, 1974. Applicant: NEW ULMIFREIGHT LINES, INC., County RoadNo. 29 West, New Ulm, Minn. 56073. Ap-plicant's representative: Samuel Ruben-stein, 301 North Fifth Street, Minne-apolis, Minn. 55403. Authority sought tooperate as a common carrier, by motorvehicle, over irregular routes, transport-ing: Equipment, materials, and suppliesused in the manufacture, assembly,equipping, outfitting, and furnishing ofmobile and modular homes, between thewarehouse facilities of DistributionCenter, Inc., or New Ulm TerminalWarehouse Company located at or nearNew Ulm, Minn., Spencer, Wis., Prairiedu Chien, Wis., and Loveland, Colo., onthe one hand, and, on the other, pointsin the United States (except Alaska andHawaii).

NoTE.-Common control may be involved.Applicant holds contract carrier authority inMC 133882 Sub-No. 1, therefore dual opera-tions may also be involved. If a hearing isdeemed necessary, applicant requests it beheld at New Ulm, Mankato, or Minneapolis-St. Paul, Minn.

No. MC 139902 (Sub No. 4), filed De-cember 26, 1974. Applicant: MOWRYTRUCKING, INC., Box 125, Cambridge,Nebr. 69022. Applicant's representative:Patrick E. Quinn, 605 South 14th Street,P.O. Box 82028, Lincoln, Nebr. 68501.Authority sought to operate as a con-tract carrier, by motor vehicle, over ir-

-egular routes, transporting: (1) Agri-cultural equipment, flt h-wheel equip-ment, motor vehicle accessories, equip-ment used in the handling and care oflivestock, bleachers, and parts and ac-cessories thereof, from the plantsite andstOiage facilities of Cambridge Indus-tries, Inc., located at or near Cambridge,Nebr., to points in North Dakota, SouthDakota, Minnesota, Illinois, Indiana,Wisconsin, Iowa, Kansas, Colorado,Wyoming, Oregon, Washington, Idaho,Utah, Montana, Texas, Oklahoma, Loui-siana, New Mexico, and Ohio; and (2)equipment, materials, and supplies usedin the manufacture, production anddistribution of the commodities de-scribed in part (1), from points in NorthDakota, South Dakota, Minnesota, Il-linois, Indiana, Wisconsin, Iowa, Kansas,Colorado, Wyoming, Oregon, Washing-ton, Idaho, Utah, Montana, Texas,Oklahoma, Louisiana, New Mexico, Ohio,and ports of entry on the InternationalBoundary line between the UnitedStates and Canada located in Min-nesota, North Dakota, and Montana,to the plantsite and storage facilities ofCambridge Industries, Inc., located ator near Cambridge, Nebr., restrictedagainst the transportation of commod-ities in bulk and further restricted toa transportation service to be performedunder a continuing contract with Cam-bridge Industries, Inc.

NOTE-If a hearing is deemed necessary,the applicant requests it be held at eitherOmaha or Lincoln, Nebr.

No. MC 140138 (Sub-No. 2) (Amend-ment), filed November 5, 1974, publishedin the FE ERAL REGISTER Issue of Decem-ber 5, 1974, and republished as amendedthis issue. Applicant: A. W. HURST,doing business as SIERRA RENTAL &TRANSPORT CO., 311 Sutro Street,Reno, Nev. 89502. Applicant's representa-tive: A. W. Hurst same address as appli-cant). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Gravel,rock, road mix, cinders, stone, decom-posed granite, aggregate, paving mate-rials, in bulk, and water, in tank vehicles,between points in Washoe, Pershing,Storey, Carson City, Douglas, Lyon, Min-eral, and Esmeralda Counties, Nov., andInyo, Mono, Alpine, El Dorado, Sierra,Placer, Nevada, Plumas, Lassen, andModoc Counties, Calif.

No=nThe purpose of this republicationIs to correct the territorial description, If ahearing is deemed necessary, the applicantrequests it be held at either Carson City orReno, Nev.

No. MC 140179 (Sub-No. 1), filed No-vember 12, 1964. Applicant: NRG HAUL-ING, INC., Sacramento, Ky. 42372. Ap-plicant's representative: Fred F. Brad-ley, P.O. Box 773, Frankfort, Ky. 40601.Authority sought to operate as a com-mon carrier, by motor vehicle, over Ir-regular routes, transporting: Coal, sand,gravel, limestone, and fluorspar, in bulk,in dump vehicles, (1) between points inBallard, Breckinrdge, Butler, Caldwell,Calloway, Carlisle, Christian, Crittenden,Daviess, Edmonson, Fulton, Graves,Grayson, Hancock, Henderson, Hichman,Hopkins, Livingston, Logan, Lyon, Mar-shall, McCracken, McLean, Meade,Muhlenberg, Ohio, Todd, Trlgg, Union,and Webster Counties, Ky.; and (2) be-tween the points in (1) above, on thoone hand, and, on the other, points InKentucky.

NoTE.-If a hearing is deemed necessary,applicant requests it be hold at either Louis-ville or Frankfort, Ky., or Nashville, Tenn.

No. MC 140334 (Sub-No. 1), filed No-vember 18, 1974. Applicant: AM-CANTRANSPORT -SERVICE, INC., P.O. Box859, Anderson, S.C. 29621. Applicant'srepresentative: David R. Parker, P.O.Box 82028, Lincoln, Nebr. 68501. Author-ity sought to operate as a contract car-rier, by motor vehicle, over irregularroutes, transporting. Materials, suppliesand equipment used in the manufacture,production, and distribution of tires, andtires (except commodities In bulk, In tank,vehicles); (A) From the ports of entry

'on the International boundary line be-tween the United States and Canada InMaine, to Boston, Mass., Baltimore, Md.,Lake Success, N.Y., and points In Ander-son and Greenville Counties, S.C.; and(B) From points in Anderson andGreenville Couhtles, S.C., to the ports ofentry on the International Boundary linebetween the United States and Canadain Maine, and Boston, Mass., Lake Suc-cess, N.Y., and Baltimore, Md., under acontinuing contract or contracts withMichelin Tire Corporation, and furtherrestricted to traffic either originating ator destined to the facilities of MichelinTire Corporation.


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-Na'o -If a hearing Is deemed necessary, Norn-If a hearing Is deemed neceary.applicant requests it be held at Atlanta, Ga. applicant requests It be held at Denver,

Colo.No. MC 140413 (Sub-No. 2), filed Dec.

9, 1974. Applicant: JOE L. RABUN, doing No. MC 140456 (Sub-No. 1), filed De-business as RABUN TRUCKING, Route cember 9, 1974. Applicant: MERRI-

2, Stapleton, Ga. 30823. Applicant's rep- MACK TRANSPORT, INC, Star Indus-resentative: Archie B. Culbreth, Suite trial Court, Merrimack, N.L 03054. Ap-246, 1252 W. Peachtree St. NW., Atlanta, plicant's representative: Francis P. Bar-Ga. 30309. Authority sought to operate rett,'.60 Adams Street, P.O. Box 238,as a common, carrier, by motor vehicle, Milton (Boston), Mass. 02187. Authorityover irregular routes, transporting: Agri- sought to opemte as a contract carrier,cultural lime, in bulk,'from points in by motor vehicle, over irregular routes,Blount, Jefferson and Knox Counties, transporting: Empty beverage contain-Tenn., to points in G&orgia and South ers, lids, covers, and ends, from Law-Carolina. rence, Mass., to Merrimack, N.H., undercontract with Crown Cork & Seal Corn-

NoTE.-If a hearing is deemed necessary, ca t inC

applicant requests it be held at Atlanta, Ga. Pan, Inc-NoT.-Common control may be involved.

No. MC 140432, filed November 25, If a hearing Is deemed nece sary, applicant1974. Applicant: CHIPPEWA TRANS- requests It be held at Concord. NJ.PORTATION, INC.,. 4250 Broadway, No. MC 140466, fled November 29,Denver, Colo. 80216. Applicant's repre- 1974. Applicant: W. H. McCANN, 9. B.

sentative: Douglas John Traeger, Suite E9R4 E A M. . .PN ,450 155 ClveandPlaeDerve ETHRIDGE, AND MRS. R. E. PRINCE,450, 1515 Cleveland Place, Denver, digbsns sPIC RC

Colo. 80202. Authority sought to operate doing business as PRINCE TRUCKas ii contract carrier, by motor vehicle, LINE, P.O. Box 65, Shuqualak, Miss.aovr a crre ar riter, byansmotrhice 1 39361. Applicant's representative:over irregular routes, transporting: (1) Thomas F. Klroy, P.O. Box 624, Spring-Building materials, as defined in Appen- edV.210Auhrysohttopdix VI'to the report inDesriptions in field, Va. 22150. Authority sought to op-Motor Carrier Certificates, 61 M.C.C. erate as a common carrier, by motor ve-20to arrr ateglassandmirrrs, 6 d M C hicle, over irregular routes, transporting:209, and plate glass and mirrors, and (2) Lumber, lumber products, building ma-plastic film and cellulose, on roles, (a) erids, poiss, piling, timbers, and eross

between points in California and Texas ties, from points in Alabama, Louisiana,

on the 'one hand, and, on the other, Mis s to points in Iwa, is-

points in the Denver, Colo. Commercial and lssisspp, to points In Iowa, Mis-'Zon; (b beween- pontsin Cok-souri, Minnesota, Arkansas, and pointsZone; (b) between points in Cook n the United States on and east of a line

County, Ill., on the one hand, and, on benig ate oune of Mss

the other, points in the Denver, Colo., beginning at the mouth of the Mltls-

Commercial Zone, restricted in (b) sipp i River, and extending along theabove, to traffic destined to construction Mississippi River to Its junction withaob sites (except ttrffac destined to western boundary of Itasca County,pobits (theeera dolo.,Coesi Minn., thence northward along the west-points in the Denver, Co -., Commercial jer boundaries of Itasca and Koochich-Zone); (c) from points n California, g Counties, Minn., to the InternationalTexas; Lane and Multoma Counties, Boundary line between the United StatesOreg.; King and Spokane Counties,anCnd.

Wash.; Winnebago County, Wis.; Sara- and Canada.

nac, Grand Rapids, Detroit Roseville, NoE.-If a hearing is deemed nece=ary,Holland, Walled Lake, West Branch, the applicant requests It be held at Jack-

JL.[.UIY ;it=L . 1LL G , .LJ .JI.; JIrU ence;I an.UM~obile, Ala.; Norcross, Ga.; Mt. Zion,Ill.; Niles, Mount Vernon, and Ashville,Ohio; Reading, Lancaster, and Carlisle,Pa.; Bellevue, Ky., Frederickburg, Va.;Huntington, Ind.; Henryetta, Okla.; St.Louis and St. Joseph, Mo.; New Havenand Berlin, Conn.; South PittsburgoTenn.; Everett and Seattle, Wash.; andTaylorsville Miss., and points in theirrespective commercial zones, to pointsin Arkansas, Arizona, California, Colo-rado, Idaho, Iowa, 'Kansas, Louisiana,Minnesota, Missouri, Montana, Ne-braska, New Mexico, Nevada, North Da-kota, Oklahoma, Oregon, South Dakota,Texas, Utah, Washington, and Wyom-Iug, restricted to traffic destined to con-struction job sites;_ (d) from points inthe Denver, Colo, Commercial Zone, topoints in the destination territory de-scribed in (a) above; and (e) from pointsin .the Denver, Colo., Commercial Zone,to East St. Louis, Ill.; Dyersberg andMemphis, Tenn.; Phoenix and Tucson,Ariz., and Salt Lake City, .Utah, andpoints in their respective commercialzones, under a continuing contract orcontracts with Ray Carson Company,Inc.

APPLIATIONS OF PAsSEmcRa(s)

No. MC 140365, filed October 30, 1974.Applicant: METROPOLITAN SUD(1967), INC., 118 Boul. Industriel, Lon-gueuil, Quebec, Canada. Applicant's rep-resentative: Jean Guy Audette, 660 RueRobitaille, St-Lambert, Quebec, Canada.Authority sought to operate as a com-mon carrier, by motor vehicle, overirregular routes, transporting: Passen-gers and their baggage, in round tripcharter operations, beginning and end-ing at points of entry on the Interna-tional Boundary line between the UnitedStates and Canada located in Vermontand. New York, and extending to pointsin Maine, New Hamp~hire, Vermont,Rhode Island, Connecticut, New York,Massachusetts, Pennsylvania, New Jer-sey, Maryland, and the District of Co-lumbia.

NoTE.--Common control may be involved.If a hearing is deemed necessary, the appli-cant requests It be held at Augusta, JaIneor Plattsburg, N.Y.

BROKER APPLICATION(S)

No. MC 130189 (Sub-No. 1), filedNovember 4, 1974. Applicant: SHENAN-

DOAH TOURS, INC, doing business asSHENANDOAH TOURS, 2301 PoplarStreet, Staunton, Va. 22401. Applicant'srepresentative: Robert E. Everldge (sameaddress as applicant). Authority soughtto engage in operation, in interstate orforeign commerce, as a broker at Lex-lngton, Harrisonburg. and Winchester.Va., to sell or offer to sell transportationof passenger, indhrdualhj or in groups,and thet baggage, in the same vehiclewith passengers, by motor common car-rier, in charter and special operations.in all expense sightseeing tours, be-ginning and ending at Harrisonburg,Winchester, and Lexington, Va., andpoints in Rockingham, Shenandoah,Page, Clarke, Frederick, Warren, andRockbridge Counties, Va., and extendingto points in the United States, includingAlaska, but excluding Hawaii.

Nor-If a hearing s deemed necessary.,the applicant requests it be held at Win-chester, Va.

No. MC 130272 (Amendment), filedOctober 21, 1974, published in the Fzn-EfAL RitcsrEn, issue of November 27,1974, and republished as amended thisissue. Applicant: ANNAMARIE SPA-DUZZI AND RALPH SPADUZZI, a Part-nership, 123 Huntington Avenue, NewHaven, Conn.'06512.. Applicant's repre-sentative: Annamarle Spaduzzi andRalph Spaduzzi (same address as appli-cant). Authority sought to engage inoperation, in interstate or foreign com-merce, as a broker at East Haven, Conn.,to sell or offer to sell the transportationof Groups of passengers and their bag-gage, in round trip sightseeing andpleasure tours, by motor.vehicle, begin-ning and ending at East Haven, Conn.,and extending to points in Nev7 York,New Jersey, Vermont, Pennsylvania,Massachusetts, Florida, the District ofColumbia, and ports of entry on the In-ternational Boundary line between theUnited States and Canada located at theMontreal and Quebec Provincial Bound-arles.

NorT-Tho purpoce of this republicationis to amend applicant's proposed operations.If a hearing is deemed neceisary, applicantrequesta it be held at either -East Haven,lero Haven, or Hartford, Conn.

No. MC 130282, filed December 5,1974. Applicant: PER--PLO TRAVELAGENCY, INC., Box 476, Goldsboro, N.C.27530. Applicant's representative: WadeH. Hargrove, Box 790, Raleigh, N.C.27601. Authority sought to engage inoperation, in -interstate or foreign com-merce, as a broker at Goldsboro, N.C, tosell or offer to sell transportation of pas-sengers individually and in groups andtheir baggage, in the same vehicle withpassengers by motor vehicle, betweenpoints in the United States, includingHawaii and Alaska.

Nomrr-If a hearing is deemed necessary,the applicant requests it be held at Raleigh,N.C.

No. MC 130283, filed December 4, 1974.Applicant: MID-AMERICA TRAVELCLUB, INC., 136 North Water, Sparta,Wis. 54656. Applicant's representative:Paul C. Gartzke, 121 West Doty Street

FEDERAL REGISTER, VOL 40, NO. l-THURSDAY, JANUARY 16, 1975

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Madison, Wis. 53703. Authority sought toengage in operation, in interstate orforeign commerce, as a broker at Sparta,Wis., to sell or offer to sell the transpor-tation of passengers and their baggage,by motor common carrier, in round-tripspecial and charter operations, begin-ning and ending at points in La Crosse,Monroe, Trempealeau, Jackson, andEau Claire Counties, Wis., and extendingto points In the United States includingAlaska but excluding Hawaii.

NOTE.-If a hearing is deemed necessary,the applicant requests it be held at either

Madison, Wis., or Minneapolis/St. Paul,Minn.

No. MC 130284, filed December 1i,1974. Applicant: IVAN E. ELWOODAND JERRY LEE CONANT, a Partner-ship, 1077 Hamner Avenue, Corona,Calif. 91720. Applicant's representative:Ivan E. Elwood (same address as appli-cant). Authority sought to engage inoperation, in interstate or foreign com-merce, as a broker at Corona, Calif., tosell or offer to sell by motor, rail andwater carriers, the transportation of

Nevada desert alluvium, montmorillon-ite, a Nevada soil, in bulk, and/or bags,from points in Nevada, to points In theUnited States (except Alaska and Ha-waii).

No.---If a hearing is deemed nocossary,the applicant requests it be hold at eitherCorona, San Bernardino, Santa Ana, or LosAngeles, Calif.

By the Commission.

[SEAL] ROBERT L. OSWALD,Secretar.

[FR Doc.75-1334 Filed 1-15-75;8:45 am]


NOTICES

THURSDAY, JANUARY 16, 1975

WASHINGTON, D.C.

Volume 40 D Number 11 X 1

PART il

ENVIRONMENTALPROTECTION

AGENCY

GLASSMANUFACTURING POINT

SOURCE CATEGORY

Effluent Guidelines and Standards


Title 40-Protection of the EnvironmentCHAPTER I-'ENVIRONMENTAL

PROTECTION AGENCYSUBCHAPTER N-EFFLUENT GUIDELINES AND

STANDARDS

[FRL 321-1]

PART 426-EFFLUENT LIMITATIONS ANDGUIDELINES FOR EXISTING SOURCESAND STANDARDS OF PERFORMANCEAND PRETREATMENT STANDARDS FORNEW SOURCES FOR THE GLASS CON-TAINER MANUFACTURING POINTSOURCE CATEGORYOn August 21, 1974, notice was pub-

lished in the FEDERAL REGISTER (39 FR30282), that the Environmental Protec-tion Agency (EPA or Agency) was pro-posing effluent limitations guidelines forexisting sources and standards of per-formance and pretreatment standardsfor new sources within the glass con-tainer manufacturing, machine pressedand blown glass manufacturing, glassitubing, manufacturing, television pic-ture tube envelope manufacturing, in-candescent lamp envelope manufactur-ing, and hand pressed and blown glassmanufacturing subcategories of the glassmanufacturing category of point sources.

The purpose of this notice is to estab-lish final effluent limitations and guide-lines for existing sources and standardsof performance and pretreatment stand-ards for new sources in the glass manu-facturing category of point sources byamending 40 CFR Ch. I, Subchapter N,Part 426 by adding thereto the glasscontainer manufacturing subcategory(Subpart H), the machine pressed andblown glass manufacturing subcategory(Subpart I), the glass tubing (Danner)manufacturing subcategory (Subpart J),the television picture tube envelope man-ufacturing subcategory (Subpart K), theincandescent lamp envelope manufac-turing subcategory (Subpart L), and thehand pressed and blown glass manufac-turing subcategory (Subpart M). Thisfinal rulemaking is promulgated pursu-ant to sections 301, 304 (b) and (c), 306(b) and (c), and 307(c) of the FederalWater Pollution Control Act, as amended(the Act) (33 U.S.C. 1251, 1311, 1314 (b)and (c), 1316 (b) and (c) and 1317(c));86 Stat. 816 et seq.; Pub:L. 92-500. A reg-ulation regarding cooling water intakestructures for all categories of pointsources under section 316(b) of the Actwill be promulgated.-in'40 CFR Part 402.

In addition, the EPA is simultaneouslyproposing a separate provision which ap-pears in the proposed rules section of theFEDERAL REGISTER, stating the applica-tion of the limitations and standards setforth below to users of publicly ownedtreatment works which are subject topretreatment standards under section307(b) of the Act. The basis of that pro-'posed regulation is set forth in the asso-ciated notice of proposed rulemaking.

The legal basis, methodology, and fac-tual conclusions which support promul-gation of this regulation were set forthin substantial detail in the notice of pub-lic review procedures published August 6,1973 (38 FR 21202) and in the notice ofproposed rulemaking for the glass con-

tainer manufacturing, machine pressedand blown glass manufacturing, glasstubing manufacturing, television picturetube envelope manufacturing, incandes-cent lamp envelope manufacturing, andhand pressed and blown glass manufac-turing subcategories. In addition, theregulation as proposed was supported bytwo other documents: (1) The documententitled "Development Document for

-Proposed Effluent Limitations Guidelinesand New Source Performance Standardsfor the PRESSED AND BLOWN GLASSSegment of the Glass ManufacturingPoint Source Category" (August, 1974)and (2) the document entitled "Eco-nomic Analysis of Proposed Effluent Lim-itations for Selected Pressed and BlownGlass Industry Sectors" (August, 1974).Both of these documejats were madeavailable to the public and circulated tointerested persons shortly after the timeof publication of the notice of proposedrulemaking.

Interested persons were invited to par-ticipate in the rulemaking by submittingwritten comments within 30 days fromthe date of publication. Prior public par-ticipation in the form of solicited com-ments and responses from the States,Federal agencies, and other interestedparties were described in the preambleto the proposed regulation. The EPA hasconsidered carefully all of the commentsreceived and a discussion of these com-ments with the Agency's responsethereto follows.

(a) Summary of comments. The fol-lowing responded to the request for com-ments which was made in the preambleto the proposed regulation: Glass Con-tainer Manufacturers Institute, Owens-Illinois, General Electric Company,Coming Glass Works, and United StatesDepartment of Commerce.

Each of the comments received wascarefully reviewed and analyzed. The fol-lowing is a summary of the significantcomments and EPA's response to thosecomments.

(1) The comment was made that in-dividual plants in the various subcate-gories may have auxiliary operationssuch as corrugating, plating, and variousforms of decorating, which could sig-nificantly affect waste water discharges.

Effluent limitations guidelines for thepressed and blown glass segment are notapplicable to wastes derived from suchauxiliary operations. Many of theseauxiliary waste water streams are thesubject of other studies and effluent limi-tations guidelines have been or will bepromulgated with regard to these opera-tions. The issuance of a discharge permitfor an entire plant facility would involvea determination of what constitutesBPCTCA and BATEA with regard toauxiliary streams such as' boiler blow-downs, non-contact cooling waters, elec-troplating waste waters, corrugatingwaste waters, and those instances wheredecorating requires waste water dis-charge.

(2) The comment was made that thestandard-method of oil analysis as de-fined in the proposed regulation will notdistinguish between biodegradable, corn-

patible pollutants (animal and vegetableoils) and nonbiodegradable, incompatiblepollutants (mineral oils). Also, the stand-ard method of hexane extraction Is Indisagreement with 38 FR 28759 whichrequires freon extraction as the methodof oil analysis.

The existing information with regardto the treatability of animal and vege-table oils has been reviewed. It has beendetermined that animal and vegetableoils can be adequately removed In pub-licly owned treatment works, whereasmineral oil may not be readily removedand may pass through'untreated. There-fore, with regard to pretreatment, It isappropriate that separate regulations beestablished for these categories of oils.The regulation has been modified to re-flect this evaluation.

Also, the Agency has redefined oil forthis regulation to reflect the latest tech-nique or techniques of oil analysis de-scribed in the most recent addition ofStandard Methods.

(3) One commenter stated that basedon their experience with recirculation ofculet quench water, a blowdown of theequivalent of 50 gallons/ton is necessaryfor control of dissolved solids rather thanthe 18.5 gallons/ton used in the develop-ment of BATEA guidelines for the glasscontainer manufacturing subcategory.

During the sampling program Initiatedby the Agency, the maximum level ofdissolved solids in the above mentionedrecirculation system was 277 mg/i, Asimilar recirculation system employed atanother plant maintained levels of 1700mg/1 of dissolved solids. The calculationof guidelines Is based upon this demon-strated level of 1700 mg/1, which Is con-sidered to be very conservative. Based onthis 1700 mg/1, the commenter's systemcould be recirculated with a blowdown ofapproximately one-sixth the present levelor 8.4 gallons/ton, or less than that usedin the guidelines calculation. Therefore,the Agency feels that the 18.5 gallons/ton blowdown is a conservative and validvalue.

(4) The comment was made that thereduction to 5 mg/1 of oil and suspendedsolids which is stated to be achievableusing the technique of diatomaceousearth filtration Is not as yet demon-strated in the pressed and blown glasssegment. Based on 10 days of samplingusing a diatomaceous, earth filter at full-scale operating conditions, values of 7.1mg/1 for suspended solids and 8.6 mg1for oil were observed.

The data supplied by the commenterIn actuality averaged 7.63, not 8.0 mg/1for oil. However, based upon data per-taining to the application of diatoma-ceous earth filtration to waste watersgenerated in the pressed and blown glassindustry segment, it is apparent thateffluent levels on the order of 5-10 mg1of suspended solids and oil are attainable.The BATEA and new source perform-ance standards have been modified to re-flect the current experience of this In-dustry segment with diatomaceous earthfiltration.

(5) Based on data acquired at one ofthe commenter's plants, the commenter

FEDERAL REGISTER, VOL 40, NO. ItI-THURSDAY, JANUARY 16, 1975

feels that BATEA effluent limitationsguidelines xnay not, in some instances,-be met by treatment methods recom-mended for-BATLA.

The.Agendy does -not feel that the sys-tea currently employed at this facilityconstitutes .BATEA This plant employsa cullet quench recirculation system, butas discussed in a previous -comment doesnot recycle to the extent possible. Theplant also does not employ dissolved airflotation to treat the blowdown from therecirculation system,- but xelies only onthe use of diatomaceous earth filtration.It islelt that with alterations, this plantcould in fact achieve the- promulgatedBATEA -effluent limitations guidelines.

(6) The comment was made that thecosts, presented in the DevelopmentDocument 'with regard to the glass con-tainer manufacturing subcategory donot takeinto account suchiactorsas ageof tacility, production halts, the costs -ofsegregation,of the cullet quench wastewater strear, size of facility, rand man--power for instalation.-One plant has ex-perienced ,capital costs of $616,048 andannual eoperating expenses of $82,132 asopposed to the $312,000 and $66,900presented for the model plant in theDevelopment Document for 3BATEA.

The production capacity of the plantused by the commenter for illustrativepurposes is approximately 1400 tons perday and Is a very -old plant. The modelplant presents cost estimates in August,1971-dollars fora facility with a capac-ity of 500 .toils per,day. lbolowing thesizing and scaling procedures presentedin the Development Document, themodel plant wouldindicatea-capital costo! $567D000 fora 1400 tons per-dak facil-ity.:In mddition, the Agency also utilizedan alternate' costing procedure for a newmodel plant of 1400 tons per day capac-ity. The xesult yielded capital -costs 'of$645,000 -and annual operating costs of$124,200. 1both of thes.6 estimates ap-proximate -the costs suggested .by thecommenter; as'a result, -these estimatesclearly substantiate both the methodol-ogy and the conclusions developed bythe Agency on this issue.;It Is therefore,felt that the cost estimates presented inthe 3Developmen' Document properly re-flect 'the age, size, manpower, and :pro-duction considerations wh hc the com-menter felt to be lacdIng. It was alsolearned that the treatment -systemutilized by The commenter's ilustrativeplant was installed ovdr the course ofthree years with ittle or no hait in pro-duction. Therefore, 'based ton the com-menter's experience, no major difficul-ties 'in loss of production are aiticlpatedshould this system be installed to at-tain 'BAIEA -effluent limitations guide--linesby983.

(7) A commenter stated that whilenew source performance standards(NSPS) are -based on BATEA, thistechnologyisnot currently demonstratedin' the .glass container manufacturingsubcategory. /

BATEA and NSPS are based on a dis-solved .air.lotation system to treat theblowdown from a cullet quench recir,-culdtion system. An oil adsorptive diato-

;RULES AND REGULATIONS

n aceous earth filtration polishing step Isspecified to further treat'the-eluent dls-charge stream. Cullet quench reclrcula-tion i s employed, by many Vplants In theglass container manufacturing subcate-gory and Is therefore currently demon-strated. Dissolved air ilotation and dia-tomaceaus earth filtration techniquesare demonstrated by Industrial'and watertreatment applications and to a limitedextent In -he pressed and blown glasssegment. Slfficient data exists on theoperation of dissolved air flotation unitsand diatomaceous earth filters to predictthat such a system can routinely achieveboth the BATEA andNSPS effluent iml-tatons guidelines.

(8) One -commenter stated that the'water usages established for the modelplant in the machine pressed and blown

glass subcategory are not in agreementwith usages experienced by the commen-ter. Another commenter recommendedthat a separate subcategory be estab-lished with regard to tableware as op-posed to pressed ware.

Based on the Information at hand, thecharacterization of the machine pressedand blown glass subcategory Is correctHowever, considerable additional datahas been received and more is now beingcompiled with regard to this subcategory.The Agency will reanalyze all data forthis subategory in light-of this new In-formation and postpone promulgation-ofthe xegulations for this subcategoy.

(9) One commenter stated that con-tinuous quenching is required in themanufacture of tubing suitable for themaking of scientific glassware to ensurequality control; therefore, he concludesthat a resubcategorization of the glasstubing manufacturing subcategory Isnecessary to take these process varia-tions into account.-No corroboration can be obtained at

this tlmewith rlegard to the necessity ofcontinuous 'quenching In the nanufac-tureof tubing suitableforzclentific glass-ware. A second large producer of thisproduct has indicated the 'use of inter-mittent quenching. It has been indicatedby the commenter that the processesemployed the majority of the time atits tubing facility are the Vello andUpdraw methods. It has also beenlearned that dn alternate process, theDanner process, does not require con-tinuous quenching and is 'employed -atplantswhich quench intermittently. Theglass tubing subcategory has been aede-fined as the glass tubing Manner),manufacturing subcategory and furtherstudy is being accomplished with wzardto 'this Industry to determine If lurthersubcategorization is necessary. Accord-Ingly, plants not mslng theMD ne proc-ess are not now affected by the regu-lation promulgated hereli. If :it s foundthat further zubcategorization Is -war-ranted .a proposed -amendment to thisregulation 'will be published in the -Em-ERA R GIsTER.

It Ies lso been determined that noshear spray oil Is used in lthe manufac-ture of glass tubing. Oil which appearedin Prior nalyses is apparently lubricat-ing oil "leakage into the non-contact

2953

cooling water stream. Therefore, DR hasbeen eliminnted Ms a. Parameter fronthe glass tubing process -waste waterlimitations.

(I)) 'One commenter suggested thatwhile the Agency is recommending cer-tain treatment technologies, alternativetechnologies are available which arecapable of achieving 'effluent limitationsguldellnes.

The -Agencyis mot'equlring or recom-mending that any particular tech-nolozies be employed. 'Should- a -dis-charger determine that' any treatmenttechnolo--y is the optimum tor his op-erating process and capable -of attainingthe effluent limitations, It would not bein conflict with the Agency's intent forthis alternative technology tobe 'utilized.

(11) One commenter felt that theproblem of disposal of lime precipitateswas inadequately addressed In the De-valopment Do ment.

The technology of lime precipitationfor iluoride removal is currently prac-ticed by all plants in the incandescentlamp envelope manufacturing and thetelevision picture tube envelope manu-facturing subcategories, and they arecurrently disposing of the resultantsludge. No serious problems have beenindicated and no data has been pro-vided to lead the Agency to suspect theoccurrence of any serious difficultieswith regard to sludge disposal.

(12) One commenter felt that the de-flnitlon of "product frosted" is mislead-ng as It Implies that only that amountof glass which Is etched Is consideredrather than that fraction associatedwith the "furnace pull' which is-etched.

'The Agency recognizes the need forfurther clarification of what is meant by"product frosted" and has redefined theterm to clarif Its definition in theregulation. 1

(13) 'One commenter felt that age itsa factor with regard to the incandescentlamp envelope manufacturing subcate-gory in that older plants experience re-strictions due 'to design and lay-out,structural stre ngth, and usable space.

'The data which form the basis of theeluent limitations guidelines were pri-marly derived from the commenter'soldest plant, because that is where themost reliable and available data was ob-tained. Therefore, the data, 'guidelines,pnd cost of treatment reflect that of anold plant of an age characteristic of amajor portion -of this subcategory.Therefore, It Is felt that age has beentaken into 'consideration.

(14) The comment 'was made thatthe proposed BPCTCA limitations forfluoride removal for thd Incandes-centlamp envelope manufacturing subcate-gory do not reflect the levels of treat-ment currently demonstrated by plantsin this subcategory.

Further investigation -and analyseshave been accomplisbed with regard to_this subcategory. Itbaseen determinedthat the presence of the Ammonlum 'on

-in 'the frosting waste 'water 'rtes anapparent -interference -by 'inhiitingsolids settling.-tis expected thatfurtherresearch 'Into the use of coagulant aids,

FEDERAL REGISTER, VOL '40, NO. 1-THURSDA , JANUARY 16, 1975

RULES .AND REGULATIONS

such as polyelectrolytes, would enablereductions of the present levels of flue-'ride and suspended solids discharged. Itis recognized that this will requirefurther investigation on the part of In-dustry. BPCTCA effluent limitationsguidelines are now based upon currentoperating levels.

(15) The comment was made that theattainment of the proposed BPCTCAlimitations for ammonia in the in-candescent lamp envelope manufactur-ing subcategory is not presently demon-strated In this subeategory, The steamstripping of ammonia presents seriousproblems with regard to potential airpollution, energy consumption, andscaling in the column.

The steam stripping of ammonia hasbeen demonstrated in many other in-dustry segments, but has not been dem-onstrated in this industry segment. Thepresence of calcium in the waste watersresulting from fluoride treatment couldcause scaling problems during ammoniastripping If proper design and preventa-tive measures are not taken into consid-eration. The application of steamstripping requires further developmentby plants in the incandescent lamp en-velope subcategory to be able to applythe most effective method of .ammoniaremoval. Since these methods requirefurther development prior to imple-mentation by this industry segment, theammonia limitations are not required for1977 (BPCTCA).

(16) The comment was made that ac-tivated alumina, although effective tothe extent, called for by the limitations,would reflect costs which are prohibitiveand therefore is not justified asbest available technology economicallyachievable.

The Agency is in agreement in lightof further information received withregard to toxicity levels of fluoride. Re-search done at the Colorado School ofMines Research Institute indicates thatfluoride In the presence of excess calciumis of much less environmental signifi-cance that fluoride in *the absence ofcalcium. It is recognized that the dis-charge of fluoride in concentrations oftens of milligrams per liter may causewater quality problems in a few specificlocations. However, these specific prob-lems will be controlled by water qualityregulations and should not constitutethe basis for a national limitation.Promulgated BATEA limitations arebased on sand filtration.

(17) The comment was made that whilethe model plant employed in the economicimpact analysis as representative of theincandescent lamp envelope manufactur-ing subcategory had a dollar sales of$30,000,000 annually, it is the experienceof the commenter that his company'slargest plant has sales slightly in excessof $7,000,000. Therefore, a qiuestion wasraised as to the validity of the economicImpact analysis for this subcategory.

The Agency believes that the economicImpact analysis is valid in spite of thefact that the model plant used In theanalysis is larger than the commenter'splants. Since the annual costs of pollu-

tion control are small (approximately 1.8percent of total annual sales) it. is ex-pected that firms within the industryshould be able to pass on the costs ofpollution control through price increases.Incandescent lamp envelopes are an in-termediate step in the manufacture of in-candescent lamps, and constitute a very.small portion of the fetal cost of thefinal product. Hence, it is believed thateven a higher relative cost of pollutioncontrol (as might occur in -the case ofsmall plants) could be easily passed onin higher prices.

(18) The comment was made withregard to the television picture tubeenvelope manufacturing subcategory,that control technologies are applied onlyto the abrasive and acid polishing wastewaters, but that effluent limitations ap-ply to the total discharge stream. Theproposed limitations assume that culletquench water contains no fluoride orlead. By material balance it has beendetermined that fluoride is present inconcentrations on the order of one totwo mg/l. By actual analyses, lead inconcentrations on the order of 0.22 mg/1was indicated to occur.

There is no contact of floride with thecullet quench waste water stream. Theindication of fluoride content in thisstream could be due to many factors suchas leakage, error in the sample analyses,the presence of significant fluoride con-centration in the influent cullet quenchwater stream, or evaporative losses whichwould tend to concentrate fluoride levelsat the plant outfall. However, there isinsufficient data available at this timeto establish the level of lead or fluorideexistent in the cullet quench dischargestream. Other than by practicing goodhousekeeping procedures, the probablelow levels of both pollutants in thisstream would render treatment imprac-tical. It has therefore been specified inthe promulgated regulations that thefluoride and lead limitations apply onlyto the abrasive and acid polishing dis-charge streams.

(19) The comment was made that be-cause of the anticipated economic impactwith regard to the hand pressed andblown glass manufacturing subcategory,an allowance should be made for thoseplants discharging relatively small vol-umes of process waste water.

After careful review of the availabledata with respect to plants within thehand pressed and blown glass manufac-turing subcategory, it has been deter-mined that treatment 'requirementscould seriously impact plants within thesubcategory. Therefore, no BPCTCAlimitations are imposed upon the handpressed and blown glass manufacturingsubcategory. It is felt'that the additionaltime from 1977 until 1983 can be utilizedin acquiring the capital necessary to In-vest in systems- which will achieve thepollutant reductions specified by BATEA,effluent limitations guidelines; as well asresearching means of implementationless costly than these currently available.It is believed that the two factors men-tioned above will help to minimize anypotential economic impact. ,

(20) The comment was made that thereferences to concentrations In the pre-amble to the proposed regulation couldbe misinterpreted to mean that concen-tration limitations axe being requiredfor the glass container, glass tubing,television picture tube envelope, and in-candescent lamp envelope manufactur-ing subcategories.

The references to concentration andflow which appeared in the preamble tothe proposed regulation were includedfor illustrative purposes, to enable thereader to obtain an understanding of therelative volume and concentrations ofpollutants which may exist at a typicalplant. Effluent limitations guidelines ap-pear in the regulation, not in the pre-amble to the regulation. For the afore-mentioned subcategories, litations asare required by effluent limitations guide-lines shall be stated in quantitativeterms, i.e., unit of weight per unit of time(kg/day) for each pollutant limited.

(b) Revision of the proposed regula-tions prior to promulgation. As a resultof public comments and continuing re-view and evaluation of the proposedregulation by EPA, the following changeshave been made in the regulation.

(1) The machine pressed and blownglass manufacturing subcategory is thesubject of furthpr study and Is notpromulgated as a subpart to this regula-'tion. Sections 426.90, 426.91, 426.92,426.93, 426.94, 426.95, and 420.06 havebeen reserved and a proposed amend-ment to this regulation will be publishedin the FEDERAL REGISTER at a later date.

(2) The proposed glass tubing manu-facturing subcategory has been redefinedas the glass tubing (Danner) manufac-turing subcategory with the appropriate-description of applicability discussed in9420.100.

(3) Oil has been omitted as a param-eter with regard to the process wastewaters resulting from the glaz tubing(Danner) manufacturing subcategory.

(4) Sections 426.81, 426.111, and426.121 have been modified to reflect adefinition of oil based on recogniszedstandard methods of analysis. Pretreat-ment regulations have been modified toreflect the differences between antwland vegetable and mineral oils.

(5) The bases for the determination ofBATEA effluent limitations guidelinesand new source performance standardsearth filtration have been modified toreflect current operating levels experi-enced in this industry segment.

(6) The definition of "product frosted"has been redefined In § 426.121 to clarifyIts definition.

(7) BPCTCA effluent limitations guide-lines for the incandescent lamp envelopemanufacturing subeategory have beenmodified and are now based upon cur-rent operating levels experienced in theindustry.

(8) BATEA effluent limitations guide-lines with regard to fluoride removalhave been modified as the result of adetermination that activated aluminafiltration Is not cost effective. Promul-gated BATFA limitations are based onsand filtration.


2954

(9) Sections. 426-112- 426.113, and426.115 have 'been clarified to explainthat fluoride and lead limitations applyonly to -the abrasive and acid .polishingdischarge streams.

(10) BPCTCA effluent limitationsguidelines have been modified to theextent that no imitations are specifiedfor those-plants in the hand-Pressed and

- blown glass manufacturing subcategory.. (c) Economic impact. The xesultantchanges with-respect to the regulationwill have no significant affect on the con-clusions-of the economic -analysis -pre-pared for the proposed regulation, withthe exception that the projected impactin the hand pressed andblown glassmanufacturing ubcategory -has beenminimi edin .that BPCTCA limitationsare -mo longer -pecified for the handpressed -and-Nblown glass manufacturingsubcategory. -

(d) Cost-bewfit -analysis. Mhe x.etri-mental effects of the constituents ofwaste waters now discharged by Pointsources within the pressed and blownglass -segment of -the glass manufactur-ing Point source category are 'discussedin Section-VI of the report entitled "De-velopment Document forEffluentldmita-taons -Guidelines for the PRESSED

"BLOWN-GLASS IManufacturingSegmentof the-Glass ManufacturingPoint SourceCategory" November, 1974). It is notfeasible to -quantify in ieconomic terms,

- particularly ona nationalbasis, the costsresulting from the discharge 3f thesepollutants to our Nation's -waterways.Nevertheles's, as Indicated in.Section V,the pollutants discharged have substan-tial and.damagingimpactson the qualityof -water and therefore on its capacityto support healthy populations of ivild-life, fish and other aquatic zildlife, andon its suitability for industrial, recrea-tional-and drinking -water supply uses.

'The total cost of implementing -theefiluent limitations gUledlines includesthe -directcapital and operating costs ofthe pollution control technology em-ployed to achieve zompliance zid theindirect economic and -environmentalcosts identified-in Section VM andin 'the supplementary report entitled'Economic Analysis of Proposed Efflu-ent Limitations for Selected Pressedand Blown -Glass Industry Sectors"(August, *974). Implementing theeMuent limitations guidelines will sub-stantially reduce the environmentalharm which -would 'otherwise be attrib-utable to the continued discharge of pol-

-luted waste waters from existing andnewly constructed plants in the glass in-dustry. The Agency believes that thebenefits -of -thus reducimg the pollutantsdischarged justify the associated costswhich, -though tmbstantial in absoluteterms, represent a relatively small per-centage o" the total capital investmentin theindustry.

(e) Publication of information- onprocesses,-procedures, or operating meth-ods which result -in the elimination orreduction-of the discharge of pollutants._l-conformance with thezequirements

of Section 304(c) of the Act, a manualentitled, "Development Document for

RULES AND -REGULATIONS

Effuent imitations Guidelines and NewSource Performance Standards for thePRESED AID BLOWN GLASS Seg-ment of the Glass Manufacturing PointSource Category", will be pubUshed andwill be available for purclase from theGovernment Printing -Olilce, Washing-ton, D.C. 20402 for a aminal fee.

Copies of the economic analysis docu-ment Previously cited will be availablefrom thelNatlonal Technical InformationService. Springfield, Virginia 2215L

f) Final rulemaldng. In considerationof the foregoing, 40 CFR Ch. I, Subchap-ter N, Part 426, Is hereby amended byadding additional Subparts H, I, J, 1K, L,and M to read as set forth below. Thisregulationis beingpromulgated pursuantto an order of the Federal District Courtfor the flistrict -of Columbia entered inNatural Resources Defense Council, Inc.v. Train (Cv. No. 1609-73). Mhat orderrequires that effluent limitations requir-ing the application of best practicablecontrol technology currently availablefor this industry-be effective upon pub-lication. Accordingly, good cause Is foundfor the final regulation promulgated be-low establishing best practicable controltechnology currently available for eachsubpart to be effective on January 16,1975.

The final regulation promulgated be-low establishing the best available tech-nology economically achievable, thestandards of performance for newsourcesandthenew sourcepretreatmentstandards shall become effective on Feb-ruary 18,1975.

Dated: January 7,1975.Russ= M Tain,

Aaminstrator.Subpart H-Glass Contalner Wanuftetuing

Subc:atcgorySec.425.80 Appllcablity: dsAciptUin oftbgla

container manufacturing cubeato-gory.

426.81 Specalized defnitions.426.82 Milluent limitations guidelines rep-

resenting the degree of effluent re-duction attainable by the applica-tion ofthe best practicable controltechnology currently available.

426.83 Effluent Umitatlons guldeUnes re~re-senting tho degree of effluent re-duction attainable by the appU-cation of the best available tech-nology economically achievable.

426.84 [Reserved]426.85 Standards of performance for new

-ources.426.86 Pretreatment standards for now

16urces.

Subpart -Machine Pressed and lo-,,m ulasManufacturing Subcategory

426.90-426.96 [Reerved]Subpart -Glass Tubing (Danner) Manufacturing

Subcategory426.100 Applcability: descrlption of the

glass tubing manufacturing cub-category.

426.101 Specialized dellnitlons.426.202 7rfluent lImltattons gudelin ep-

resenting the degree of effluentreduction attainable by the ap-plication of the best :practicablecontrol tethnology currentlyavailable.

295

420.103 ffiluent limitations guldelines rep-reenting the degree of effluent

reductln attainable by the ap-plication of the bet availabletechnology cconomicaIly achlev-able.

42Z.104 [Recerved)420.105 Standards of performance for new

zourLcev.420.106 Pretreatment standards -for -new

sourcea.Subpart K-TelevIsion Picture Tube Envelope

-Manufactuing Subcateory

426110 Applbllity descrpton -of thetclevision picture tube envelopemanufacturing subcategory.

4201.1 Specialized deflnitlons.420.112 Efiluent limitations guidelines rep-

resenting the degrea of effluentreduction attainable by the. ap-plication of the best practicablecontrol technolgy Currentlyavailable.

426413 Effluent limitations guidelines rep-resenting the degree of eilluent -

reduction attainable -by the ap-plication of the -best avallabletechnology economically achler-able.

420114 [Reserved]426115 Standards -of performancefor nev-

_ourcfe3.426.116- Pretreatment standards"for new

Sourcea.Subpart L-ncandescent Lanmp Envelope

ManufactuilnZ Subcatezrny

420.120 Applicablty: description of theincandescent lamp envelopemanufacturing subcategcry.

420.121 Spec-alized definitions.42.122 Effluent limitations guidelines rep-

re enting the degree of effluentretuction aittainable by the ap-p~lcatlon of the best practicablecontrol _tecbnology currently=lable.

420.123 Efiluent lmitations guideline rep-=eenting the denee of effluent

zeductlon attainable by the ap-plicatlon of the best availabletechnology economically -achiev-able.

420.12- [Rezrved]420.125 Standards of perfcrmance :for mew

Tourcea.426120 retreatment standards for new

CoUrce3.Subpart IM-Hand Presad and Blewn Glass

Maufacturng Subcategory

420.130 Applicability; descripton -of -thehand presasd and blown glassmanufacturing subcategorq.

426131 Speclalld deflnitions.420132" Effluent limitations guidelines rep-

rezenting the degree of effluentxeduction attainable by the ap-plicatlon of -the best practicable

- control technology -currentlyavailable.

420133 Eilluent limitations guidelines rep-rezenting the degree Pf effluentreduction -uttainable by the ap-plication of tbe best available-technoleg.y ecconomically achier-able.

420.134 inecerved]420135 Standards of performance for new

420.130 Pretreatment standards for new

Avmo rnrr: Secs. 301. 304 (b) and (c),30a (b) end 1c). 307 (c), Federal WaterPol-lutlon Control Act .s amended (the Act);(33 U.S.C. 1251,1311, 1314 (b) and (c), 1319(b) and (c), 1317(c)); 86-Stat. 816 et seq.;Pub. L. 92-500.

FEDERA1..REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16, 197.5


Subpart H--Glass ContainerManufactpring Subcategory

§ 426.80 Applicability; description ofthe glass container manufacturingsubcategory.

The provisions of this subpart are ap-plicable to discharges resulting fromthe process by which raw materials aremelted in a furnace and mechanicallyprocessed into glass containers.§ 426.81 Specialized definitions.


eral definitions, abbreviations and meth-ods of analysis set forth in Part 401 ofthis chapter shall apply to this subpart.

(b) The term "furnace pull" shallmean that amount of glass drawn fromthe glass furnace or furnaces.

(c) The term "oil" shall mean thosecomponents of a waste water amenableto measurement by the technique ortechniques described in the most recentaddition of "Standard Methods" for theanalysis of grease in polluted waters,waste waters, and effluents, such as"Standard Methods," 13th Edition, 2ndPrinting, page 407.

426.82 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

In establishing the limitations setforth in this section, EPA took into ac-count all information it was able to col-lect, develop and solicit with respect tofactors (such as age and size of plant,raw materials, manufacturing processes,products produced, treitment technologyavailable, energy requirements andcosts) which can affect the industry sub-categorization and effluent levels estab-lished. It is, however, possible that datawhich would affect these limitations have'not been available and, as a result, theselimitations should be adjusted for cer-tain plants in this industry. An individ-ual discharger or other interested personmay submit evidence to the Regional Ad-ministrator (or to the State, if the Statehas the authority to issue NPDES per-mits) that factors relating to the equip-ment or facilities involved, the processapplied, or other such factors related tosuch discharger are fundamentally dif-ferent from the factors considered in theestablishment of the guidelines. On thebasis of such evidehce or other availableinformation, the Regional Administra-tor (or the State) will make a writtenfinding that such factors are or are notfundamentally different for that facilitycompared to those specified in the De-velopment Document. If such funda-mentally different factors are found toexist, the Regional Administrator or theState shall establish for the dischargereffluent limitations in the NPDES permiteither more or less stringent than thelimitations established herein, to theextent dictated by such fundamentallydifferent factors. Such limitations must

be approved by the Administrator of theEnvironmental Protection Agency. TheAdministrator may approve or disap-prove such limitations, specify otherlimitations, or initiate proceedings to re-vise these regulations. The followinglimitations establish the quantity orquality of pollutants or pollutant prop-erties, controlled by this section, whichmay be discharged by a point sourcesubject to the provisions of this subpartafter application of the best practicablecontrol technology currently available:

Effluent limitations

Effluent Average of dailycharacteristic Maximum for values for thirty

any one day consecutive daysshall not exceed-

(Metric units) g/kkg of furnace pull

Oil --------- 60.0 ------------- 30.0TSS -------------- 140.0 ------------ 70.0pH --------------- Within the ------------------

range 6.0 to9.0.

(English units) 1b1000 lb of furnace pull

Oil ------------- 0.06 ------------- 0.03TSS. ------------ 0.14 ------------- 0.07pH --------------- Within the .................

range 6.0 to9.0.

§ 426.83 Effluent limitations guidelinesrepresenting the degree of effluent re-duction attainable by the applicationof the best available technologyeconomically achievable.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties, controlled by this sec-tion, which may be discharged by a pointsource subject to the provisions of thissubpart after- application of the bestavailable technology economicallyachievable:



any one day consecutve daysshall not exceed-


011 ------------- 1.6 ............. 0.8TSS ------------ 1.6 -------------- 0.8pH ------------ Within the ------------------

range 6.0 to9.0.

(English units) lb/lO00 b of furnace pull

Oil ------------- 0.0016 ----------- 0.0003T88 --------------- 0.0016 ----------- 0.0003pH --------------- Within the .................

range 6.0 to9.0.

§ 426.84 [Reserved]§ 426.85 Standards of performance for

new sources.

The following standards of perform-ance establish the quanity or quality ofpollutants or pollutant properties, con-trolled by this section, which may be dis-

charged by a new source subject to theprovisions of this subpart:

Effluent limitatlns

Effluent Averago of dallycharacteristic Maximum for values for thirty

any one day conveutivo day8hal not vxccd-

(Metric units) g/lkkg of furnace pull

on ------------- 1. ............... 8TSS --------------- 1.0 ............ _. 8pH ---------------- Within the .................

range 0.0 to9.0.

(English units) lb100 lb of furnaed pull

O1L --------------- 0.0016 ........... 0. 03TSS- ........ 0.0016. 0. 0003pH---Within the .................

range 0.0 to9.0.

§ 426.86 Pretreatment standards fornew sources.

The pretreatment standards undersection 307(c) of the Act for a nowsource within the glass container manu-facturing subcategory which is a userof a publicly owned treatment works anda major contributing industry as definedin Part 128 of this chapter, for existingsources (and which would be a new pointsource subject to Section 306 of theAct, If it were to discharge pollutants to,the navigable waters), shall be the samestandard as set forth In Part 128 of thischapter, except that, for the purpose ofthis section, §§ 128.121, 128.122, 128.132,and 128.133 of this chapter shall notapply. The following pretreatmentstandard establishes the quantity orquality of pollutants or pollutant prop-erties controlled by this section whichmay be discharged to a publicly ownedtreatment works by a new point sourcesubject to the provisions of this subpart.Because of the recognition that animaland vegetable oils can be adequately re-moved in a publicly owned treatmentworks, whereas mineral oil may not be'readily removed and may pass throughuntreated, two separate limitations aroestablished.

Pretreatment StandardsPollutant or Average of daily

Pollutant Property Maximum for values for thirtyany one day conecutive days

shall not exceed-


oil (animal & No limitation .....................v otablo).Oil Gnineral) ....... 0.0 ............. 30.0TSS ---------------- No limitation ..................

pH --------------- No limitation .....................

(English units) lb/lO00 lb of furnace pull

Oil (animal & No limitation .....................e table).

Olmineral)-...... 0.00 ............ a 0.03TSS ............... No limitation ..... ........pH ................. No limitation ...............

*FEDERAL REGISTER, VOL 40, NO. 11-THURSDAY, JANUARY 16; 1975

RULES AND 'REGULATIONS

Subpdrt l--Machine Pressed and Blown;Glass Manufacturing Subcategory

§§426.90-426.96 [Reserved)-Subpart i-Glass Tubing (Danner)

Manufactuflng _-Subcategory§426;100 Applicahility; description of

,fie gLs tunbing,(Danner) inanufac-ming-categor. .

he provisions of this subpart -are-ap-plicable, to discharges resulting from theprocess by which raw -materials aremelted in ,a furnace and glass tubingmechanically drawn from the furnacehorizontally by means of the Dannerprocess, -which requires the intermittentquenching-of-cullet.§ 426.101 Specialized-definitions.-. or the purpose of this subpart-

(a) Except asprovided below, the-gen-eral-definitions, abbreviations-and-meth-ods of analysis set forth in Part 401 ofthis chapter shallapplyto this-subpart,.

Cb) The term 'Tfurnace pull"-shall meanthat amount -of ass .drawn -from -theglass furnace or furnaces.

(c) The term 'cullet" shall -mean mlyexcess glass generated in the manufac.-turingpro~ess.§ 426.102 Effluent - limiations guide--lines -representing-tire ]egree -of ef-

fluent xcduction attanlez~ by the ap-picaton of tie est pracrcable~con.

trol tecoogy currently available.-In establshng -the limitations set

forth in this section, "EPA took Into ac-count-al information It was able to col-lect, develop -and solicit with respect tofactors fsuch as zge and size of plant,raw anaterials, mtanufacturlng processes,products produced, -treatment technol-ogy -available, energy requirements.andcosts) -which can ifect the'Industry sub-categorization and 'effuent levels -estab-lished. It is, however; possible that -datawhich -would affect these 1imitationshave, not been available ,and, as a re-sult, these limitations -should be -ad-justed -for certain plants In this in-dustry. An individual discharger orother -inteested person may submit -evi-dense to the Regional Administrator (orto the State, if the State has -he au-thority to issue N PDES permits) thatfactors relating to -the equipment orfacilities involved, the process applied, orother such factors 7pcated -to such -lls--charger -are :fundamentally differentfrom the factors-considered:in the estab-lishment of the guidelines. -On the basis -of such evidence or other available in-formation, the "Regonal AdminIstrator(or'the State) 'will-make'a-written-End-ing that'sucdh factors-are-oare-mot fun-damentally different 1or -that !facilitycompared to those specfied in the De-velopment Document. If such funda-mentally different factors are found toexist, the Regional Administrator or the-State shall establish for the dischargerefluent limitations in the NPDES permiteither more or less stringent than thelimitations established herein, to the ex-tent dictatedby such fundamentally dif-

ferent -factors. Such limitations must beapproved by the Administrator of theEnvironmental Protection Agency. TheAdministrator mnay approve or disap-prove such limitations, specify otherlimitations, or initiate proceedings to re-vise these regulations. The followinglimitations establish the quantity zrquality of pollutants or pollutant prop-erties, controlled by this section. whichmay be discharged by a point source sub-Ject to the provisions of this subpartafterapplication-of the best practicablecontrol -technology -currently -available:

Efflutnt Avantofdnalychamectczlso MaXxmum far vajuel for tir

ny one day Clerl= dhhz

(crtMlunte) 1 kk orm,?ae pull

P1r..... l6 ..n theX=o t.0±o

(Engillmitsh)lbl000lb of fam~ea pull

TO .-- 0.48 ... . V23PH......... Withialba

7anz 8.0L to9.0.6. t

§ 426.103 , Effluent limitations .gide-lines rcprescnting the degree of ecf-Iluent xduction attainlIle Ly tieapplication or the 'best avaballetechnology economically ahievaible.

The following limitations establishthe quantity =r quality of pollutants orpollutant properties, controlled by thissection, which may be discharged by apoiitsource-subject to the provisions ofthis subpart after application of thebest -available technology economicallyachievable:

Emuentumitlons

Effluent Average oldeilycmarcteristio Maxim m far va-= fartIbrty

any oneo doy ==nctlev=

(Mctrio unit,) JkkS of famrno pull

TS 0.4........ 0.2pl ............. Witla the ..........

9.0r. to

(English ualts)1bJI5(blb offurme pull

TSS -... . .00- 0.03Mp. ...............--Within the

maze 0.0 toS 9. 0.

§ 426.104 [Reserved]§426.105 'Standards of perfornmanco

lor-new sources.The following standards of per-

formance establish the quantity orquality of pollutants or pollutant prop-erties,, controlled by this section, whichmay be discharged by a new source sub-ject to the provisions of this subpart: -

Efflntmittlonsmmucat Avas.nofdallychazzcteJstl Maximum fir vaiufthirty

a on day eoMscttedTj

Jetr : unlUt)gJUS eLfm-a poll

T SS . 0.4 0 0.2p -- Witln the _

a:e 0.0 to

cFXJiit unite ThI1COzkafmuw=c pan

PlL...... Within thoraze ELoto

§ 426-106 Pretreatment standards ror'new sources.

Me pretreatment standards Undersection 307(c) of the Act -for a newsource within the gass tubing Wanner)manufacturing subcategory whlch Is auser of a publicly owned treatmentworks and a major contributing in-dustry as defined In Tart 128 of thischapter, for existing sources (and whichwould be a new point source subject tosection 306 of the Act, If It were -to ils-charge pollutants to the navigablewaters), shall be the same standard assetiorth In Part 128 of this chapter, ex-cept thatfor the purpose of thissection,H 128221, 128.122, 128132, .nd 12813of this chapter shall mnot apply. Theiol-lowing pretreatment standard esta -1lshes the quantity or quality of pol-lutants or pollutnntpropertles controlledby this section which may be dischargedto a xublicly owned treatment works bya new point source subject to the provi-slons of thissubpar.Pofutaut orsollutant Pretreatment'roperty standards

PH 2i7o limtation.TSS o

Subpart K-elevision Picbure Tube.Envelope Manufacturing -Subcategory.

§ 426.110 Applicability; description of'the television picture tube envelopemnunfacturing snbcategory.

The provisions of this subpart are ap-plicable to discharges resulting from theprocess by which -raw materials aremelted in a furnace and processed intoleevision picture tube ienvelopes.

§ 426;111 Specialized definitions.For the purpose of this subpart:(a) Except as provided belowa, the gen-

eral deflnitions, ,abbreviations andmethods,of analysis setforth in PartAoof this -hapter shall -apply to -this sub-part.

(b) The term "furnace pull" shamean. that amount of glass drawn fromthe glass furnace or furnaces.(c) The .teim "oil" shall mean those

*components of a waste water amenable tomeasurement by the technique or tech-niques described In the most recent ad-dition of "Standard Methods" for the

FEDERAL ? EGISTEPt, YOE -40, :NO. "11-THURSDAY, JANUARY 16, 1975

2957

2958

analysis of grease in polluted waters,waste waters, and effluents, such as"Standard Methods," 13th Edition, 2ndPrinting, page 407.

§ 426.112 Effluent limitations guide-lines representing the degree of ef-fluent reduction attainable by theapplication of the best practicablecontrol technology currently avail-able.

In establishing the limitations setforth in this section, EPA took into ac-count all information it was able to col-lect, develop and solicit with respect tofactors (such as age and size of plant,raw materials, manufacturing processes,products produced, treatment technol-ogy available, energy requirements andcosts) which can affect the industry sub-categorization and effluent levels estab-lished. It is, however, possible that datawhich would affect these limitationshave not been available and, as a result,these limitations should be adjusted forcertain plants in this industry. An in-dividual discharger or other interestedperson may submit evidence to the Re-gional Administrator (or to the State, ifthe State has the authority to issueNPDES permits) that factors relating tothe equipment or facilities involved, theprocess applied, or other such factors re-lated to such discharger are fundamen-tally different from the factors consid-ered in the establishment of the guide-lines. On the basis of such evidence orother available information, the Re-gional Administrator (or the State) willmake a written finding that such factorsare or are not fundamentally differentfor that facility compared to those spec-ified in the Development Document. Ifsuch fundamentally different factors arefound to exist, the Regional Adlhinistra-tor or the State shall esfablish for thedischarger effluent limitations in theNPDES permit either more or less strin-gent than the limitations establishedherein, to the extent dictated by suchfindamentally different factors. Suchlimitations must be dpproved by the Ad-ministrator of the Environmental Pro-tection Agency. The Administrator mayapprove or disapprove such limitations,specify other limitations, or initiate pro-ceedings to revise these regulations. Thefollowing limitations establish the quan-tity or quality of pollutants or pollutantproperties, controlled by this section,which may be discharged by a pointsource skibject to the provisions of thissubpart after application of the bestpracticable control technology currentlyavailable (The fluoride and lead limi-tations are applicable to the abrasivepolishing and acid polishing waste waterstreams while the TSS, oil, and pH limi-tations are applicable to the entire proc-ess waste water stream) :



Efflue'nt Average of dailycharactert6 Maximum for values for thirty



Oil --- ...---------- 260.0 ------------ 130.0TSS -------------- 300.0 ------------ 150.0Fluoride ---------- 140.0 ......-- 70.0Lead ------------- 9.0 -------------- 4.5pH --------------- Within the range

0.0 to'9.0. ------------------

(English units) lb/00 lb of furnace pull

Oil --------------- 0.26 ------------- 0.13TSS -------------- 0.30 ------------- 0.15Fluoride .--------- 0.14 ------------- 0.07Lead ------------- 0.009 ------------ 0.0045pH --------------- Within the range

6.0to 9.0. .................

§ 426.113 Effluent limitations guide-lines representing the degree of ef-fluent reduction attainable by the ap-plication of the best available tech-nology economically achievable.

Th )following limitations establish thequantity or quality of pollutants or pol-lutant properties, controlled by this sec-tion, which may be dlcharged by apoint source subject to the provisions ofthis subpart after application of thebest available technology economicallyachievable (The fluoride and lead limita-tions are applicable to the abrasivepolishing and acid polishing waste waterstreams while the TSS, oil, and pHlimitations are applicable to the entireprocess waste water stream):

Effluent llmltations




Oil ------------- :.-. 260.0 --------- z 130.0TS -------------- 260.0 ------------- / 130.0Fluoride ---------- 120.0 8----------- 60.0Lead-- ------- 0.9 0.45pH ------------ Within the--------------------

range 8.0 to9.0.

(English units) lb/1000 lb of furnaca pull

OIL -------------- 0.26 ------------- 0.13TS8 --------------- 0.26 ------------- 0.13Fluoride ---------- 0.12 ------------- 0.06Lead- --------- 0.009 - 0. 00045pH ---------- - Within the ------------------

range 6.0 to9.0.

§ 426.114 [Reserved]§ 426.115 Standards of performance

for new sources.

The following standards of perform-ance establish the quantity or quality of

pollutants or pollutant properties, con-trolled by this section, which may be dis-charged by a new source subject to theprovisions of this subpart (The fluorideand lead, limitations are applicable tothe abrasive polishing and acid polishingwaste water streams while the TSS, oil,and pH limitations are applicable to theentire process waste water stream):

Effluent linltatlonsEffluent Averago of dally

characterlstlo Maximum for value lor thirtyany one day conseoutivo days

shall not exceed-

(Metrle units) glkkg Of furnaco pull

on------------ 260.0 ........... 130.0TSS------------260.0 ............ 130.0Fluoride ........... 120.0 ............ CO. 0Lead ----------- 0.9 .............. 0, 45pU ------------- Within the .................

range 0.0 to9.0.

(English units) lb1000 lb of furnace pull

Oil ---------....... 0.2 ............. 0.13T-8 ................ '0.20 ............. 0113Fluoride. ...-..... 0.12 ............. 0.03Lead ------------- 0.0009 ........... 0. 00015pH- ............... Within the

range 6.0 to0.0.

§426.116 Pretreatment standards fornew sources.

The pretreatment standards undersection 307(c) of the Act for a new sourcewithin the television picture tube enve-lope manufacturing subcategory which Isa user of a publicly owned treatmentworks and a major contributing Indus-try as defined in Part 128 of this chapter,for existing sources (and which would bea new point source subject to section 300of the Act, if it were to discharge pollut-ants to the navigable waters), shall bethe same standard as set forth In Part128 of this chapter, except that, for thepurpose of this section, §§ 128.121, 128.-122, 128.132, and 128.133 of this chaptershall not apply. The following pretreat-ment standard establishes the quantityor quality of pollutants or pollutantproperties controlled by this sectionwhich may be discharged to a publiclyowned treatment works by a new pointsource subject to the provisions of thissubpart. Because of the recognition thatanimal and vegetable oils can be ade-quately removed in a publicly ownedtreatment works, whereas mineral oilmay not be readily removed and maypass through untreated, two separatelimitations are established.



Pretreatment Standards

Pollutant or Average of dailyPollutant Property Maximum for values for thirty

- any one day consecutive daysshall not exceed-

(Metric units) g/(Ikg of furnace pull

oil (animal i No limitation -----------..........vegetable). -oil (mineral) ------- 260.0 ---......... 1=?00

TSS ... o-- o limitation -----------.------Fluoride ........... 1 0.0 ...... 0.0Lea............. No limitation ----------- .........PH "------ No limitation ...................

(English units) lb~lO0W lb of furnace pull

Oi (animal & No limitation ..................vegetable).

Oil -------------- 0.26, 0.13TSS ......--------- No limitation ..................Fluoride ......... 0.12 0....... M__06Lead ---------- No limitation ..................pH.. .-............ To limitation ...................

Subpart L-Incandescent Lamp EnvelopeManufacturing Subcategory

§ 426.120 Applicability; description ofthe incandescent lamp envelopemanufacturing subcategory.

* The provisions of this-subpart'are ap-plicable.to-discharges resulting from theprocesses by which (a) raw materials aremelted in a furnace and mechanicallyprocessed into incandescent lamp enve-lopes or (b) incandescent lamp enve-lopes are etched with hydrofluoric acidto produce frosted envelopes.§ 426.121 Specialized definitions.



(b) The term "furnace pull" shall meanthat amount of glass drawn from theglass furnace or furnaces.

(c) The term "oil" shall mean thosecomponents of a waste water amenableto measurement by the technique or tech-niques described in the most recent addi-tion of "Standard' Methods", for theanalysis of grease in polluted waters,waste waters, and effluents, such as"Standard Methods," 13th Edition, 2ndPrinting, page 407.

(d) The term "product frosted" shallmean that portion- of the "furnace pull"associated with the fraction of finishedincandescent lamp envelopes which isfrosted; this quantity shall be calculatedby multiplying "furnace pull" by thefraction 'of. finished incandescent lampenvelopes whiqh is frosted.§ 426.122 Effluent limitations guide.

lines representing the degree of ef-fluent reduction attainable by theapplication of the best practicablecontrol technology currently avail.able. - -

In. establishing ihe limitations setforth in this section, EPA took into ac-count all information'it was able to col-lect, develop and solicit with respect to

factors (such as age and size of plant,raw materials, manufacturing processes,products produced, treatment technology-available, energy requirements .andcosts) which can affect thb industry sub-categorization and effluent levels estab-lished. It is, however, possible that datawhich would affect these limitationshave not been available and, as a result,these limitations should be adjusted forcertain plants in this industry. An indi-vidual' discharger or other interestedperson may submit evidence to the Re-glonal Administrator (or to the State, ifthe State has the authority to IssueNPDES permits) that factors relating tothe equipment or facilities Involved, theprocess applied, or other such factors re-lated to such discharger are fundamen-tally different from the factors con-.sidered in the establishment of the guide-lines. On the basis of such evidence orother available information, the RegionalAdminlator (or the State) will. make awritten finding that such factors are orare not fundamentally different for thatfacility compared to those specified inthe Development Document. If suchfundamentally different factors arefound to exis the Regional Adminis-trator or the State shall establishfor the discharger effluent limitations inthe NPDES permit either more or Jessstringent than the limitations estab-lished herein, to the extent dictated bysuch fundamentally different factors.Such limitations must be approved bythe Administrator of the EnvironmentalProtection Agency. The Administratormay approve or disapprove such limita-tions, specify other limitations, or in-itiate proceedings to revise these regula-tions. The following limitations estab-lish the quantity or quality of pollutantsor pollutant properties, controlled bythis section, which may be discharged bya point source subject to the provisions ofthis subpart after application of the bestpracticable control technology currentlyavailable:

(a) Any manufacturing plant whichproduces incandescent lamp envelopesshall meet the following limitations withregard to the forming operations.


Effluent Avrego of dailycharacteristle Maximum for value for thirty

any one day coasecutve das- aMrnot xnf -

" (Metric units) g/l q of furace pull

Onl ----------------- 230 -.----.. 115.0TSS ......... 2O ........... 11.0

pL-. ........... thtn the ..................ran 10 0.0 to9.0.-

(English units) lb/10)0 lb ofpfurnac ull

OIL...=-.: OM... ----- .... Z.--- 0.115TSS .............. 0.23 ..... 0.115p. ................. Within the r - .----

ran 0.0 to

(b) Any manufacturing plant which.frosts incandescent lamp envelopes shallmeet the following limitations ivith re-gard to the finishing operations.

Effl uent lihitations

Mu ent Average of dailycharacterlset Maximum for values for thirty

any ono day consecutive dayjshall not cxcee-

(Metric unit) glkkg of product frostcd

Fluafd .... . O0- - 11&.0Anmonla,....... No limitaton---........T'SS........... 4C.0........ 220.0pl ........... Within the

range 0.0 to9.0.

(Engih units) lbilCO lb of produet frosted

Flu o. .- 3........ 0115Ammonia.-... No~mtratnon_

30..pU -.-.-------- .- within thor rnfo &,0 to

§ 426.123 Effluent limitations guide-lines representing the degree of ef-fluent reduction attainable by theapplication of the best availabletechnology economically achievable.

The following limitations establish thequantity or quality of pollutants or pol-lutant properties, controlled by this sec-tion, which may be discharged by a pointsource subject to the provisions of thissubpart after application of the bestavailable technoloy economicallyachievable:

(a) Any manufacturing plant whichproduces incandescent lamp envelopesshall meet the following limitations withregard to the forming operation. -

Effluent limitatins

Efluent Average of dailychar.-tedstla Maximum for values forthirty


(ete ualt) g&kkg of furne pul

O. .. . .. W .0 -------- 4 .o

Within therane 0.0 to9.C~ 6-0. o

(EngIIh units) Ti I CCO lb of furnce pull

OH.Within the - 0.-rano 0.0 to0.0.

(b) Any manufacturing plant whichfrosts incandescent lamp envelopes shallmeet the following limitations withregard to the finishing operations.


2959


9.0.

(English wilts) lb/1000 lb of furnace pull

0 --- 0.09 ------------- 0. 15TrS . 0.oo9 ............ 0.045pitWithin the ------------------

range 6.0 to9.0.

(b) Any manufacturing plant whichfrosts incandescent lamp envelopes shallmeet the following limitations with re-gard to the finishing operations.


Effluent Averagoof dailycharacteristio Maximum for value for thirty

any one day consecutive daysshall not oxc -

(Metric units) glkkg of product frosted

FIorldo_..... 104. 0_______ 52.0Ammonia-..... 240.0.......... 120.0

S......... 80.0........... -0.40pH - Within the .................

Xange 6.0 to

(English units) lb/1000 lb of product frosted

F luordo._. . 0.104; ----------- 0.052Awmona. ....... 0.24 ------------- 0.12TS0 .....-.. . 0.0. 0.04pi ------------- Within the

range 6.0 to+ 9.0.

Pretreatmont Standards

Pollutant or Averago of dailyPollutant Property Maximum for values for thirty


(Metric units) g/kkg of furnaco pull

Oi (animal & No limitation ---------------------vegetable).

Oil 230.0 ------------- 115.0TS . ...-. No limitation-........ -pi_. ......... - No limitation ----------

(English units) lb/l000 lb of furnace pull

Oil (animal& Nolimitation ......vegetable).

Oil (mineral)-.... 0.23.._ __ 0,115TSS...-- _ No lmltatlon_.............pit ... No limitation....................

+(Metr-mlc ts)' lk-g Of product frosted

Flurolde.. ...... 104.0 ------------ 52.0Ammonia ------- No limitation_.-TSS ............ No limitation-. -

.pH-- Nolimitation......... .---

(English units) lbilO lb of product frosted

Fluoride- --- 0,104 ---....... 0.052Ammonia ------ :---No liiion ----------------.TSS_ ---------- No limitation ----------........p11 ..-........... No limitation -----------.......

Effluentlmitations § 426.126 Pretreatment standards lorn l new sources.

Effluent Average of daily Tcharacteristic Maximum for value for thirty The pretreatment standards under

. any ono day consecutive days section 307(c) of the Act for a new sourceshall not exceed- within the intandescent lamp envelope

manufacturing subeategory including(ictric units) g/kkg of product frosted those plants where (a) raw materials

are melted in a furnace and mechanicallyFluoride ...-...- 104.0 ---------- 52.o processed into incandescent lamp en-Aininila----2-10.0 ------- 120.0Amoi. . A ...-------- 0so.o ------------ 400 velopes or (b) 'incandescent lamp en-pH ---------... Within the ------------------ velopes are etched with hydrofluoric acid

ran.ge 0.0 to to produce frosted envelopes, which is a-user of a publicly owned treatment works,

(English units) lb/1000 lb of product frosted and a major contributing industry asdefined in Part 128 of this -chapter, for

Fluoride --------- 0.10L.. . ...... 0.052 existing sources (and which would be aAmmonia - ..... .24 ........ o.12 ew point source subject to Section 306TSS ------------. 8...... 0.04 of the Act, if it were to discharge pollu-p --------------- Withiathe ------------------

range 6.0 to tants to the navigable waters), shal be9.0. the same standard as set forth in Part

128 of this chapter, except that, for the§ 426.124 [Reserved] purpose of this section, §§ 128.121, 128.-§ 426.125 Standards of performance 122, 128.132, and 128.133 of this' chapter

for new sources. shall not apply. The following pretreat-ment standards establish the quantity

The following standards of- perform- or quality of pollutants or -pollutantance establish the quantity or quality of properties controlled by this sectionpollutants or pollutant properties, con- which may be discharged to a publiclytrolled by this section, whichmay"be -owned treatment works by a new pointdischarged by a new source subject to source subject to 'the provisions of thisthe provisions of this subpart: subpart, including those plants where (c)

(a) Any manufacturing plant which raw materials are melted in a furnaceproduces incandescent lamp envelopes and mechanically processed into incan-shall meet the following limitations with descent lamp envelopes or (d) incan-regard to the forming operations. descent lamp envelopes are etched with

Effluent limitations hydrofluoric acid to produce frosted en-Effluent Averageofdaily velopes. Because of the recognition that

characteristic Maximumfor valuesforthirty animal and vegetable oils can be ade-any one day consecutive days

shall not exced- quately removed in a publicly owned.treatment works, whereas mineral oil

(Metric units) g/kkg of furnace pull may not be readily removed and may pass% through untreated, two separate limita-

00.o.._- Eo tions are established.pH --------------- Within the -...------- (a)


Subpart M-Hand Pressed and BlownGlass Manufacturing Subcategory

§ 426.130 Applicability; description ofthe hand pressed and blowit glass.manufacturing subcategory.

The provisions of this subpart are ap-plicble to discharges resulting from theprocess by which raw materials aremelted in a furnace and processed byhand Into pressed or blown glassware.This includes those plants which (a)produce leaded glass and employ hydro-fluoric acid finishing techniques, (b) pro-duce non-leaded glass and employ hydro-fluoric acid finishing techniques, or (c)produce leaded or non-leaded glass anddo not employ hydrofluoric acid finishingtechniques.

§ 426.131 Specialized definitions.For the purpose of this subpart:(a) Except as provided below, the gen-


§ 426.132 Effluent limitations guide.lines representing the degree of ef-fluent reduction attainable by theapplication of the best practicable'control technology currently avael-able.

In establishingthe limitations set forthin this section, EPA took into accountall information it was able to collect,develop and solicit with respect to factors(such as age and size of plant, rayw mate-rials, manufacturing processes, productsproduced, treatment technology avail-able, energy requirements and costs)which can affect the industry subcate-gorization and effluent levels established.It Is, however, possible that data whichwould affect these limitations have notbeen available and, as a result, thezelimitations should be adjusted for certainplants in this Industry. An individualdischarger or other interested person maysubmit evidence to the Regional Admin-istrator (or to the State, If the Statehas the authority to Issue NPDES per-mits) that factors relating to the equip-ment or facilities involved, the procesapplied, or other such factors related tosuch discharger are fundamentally dif-ferent from the factors considered In theestablishment of the guidelines. On thebasis of such evidence or other availableInformation, the Regional Administra-tor (or the State) will make a writtenfinding that such factors are or are notfundamentally different for that facilitycompared to those specified In the Do-velopment Document. If such fundamen-tally different factors are found to exist,the Regional Administrator or the Stateshall establishfor the discharger effluentlimitations in the NPDES permit eithermore or less stringent than the limita-tions established herein, to the extentdictated by such fundamentally differentfactors. Such limitations must be ap-proved by the Administrator of the En-vironmental Protection Agency. The Ad-ministrator may approve or disapprovesuch limitations, specify other limita-tions, or initiate proceedings to revisethese regulations. The following limita-


tions establish the quantity or quality ofpollutants or pollutant properties, con-trolled bythis section, which may bedischarged by a point source subject tothe provisions of this subpart after ap-"plicatipn of the best practicable controltechnology currently available:

(a,) Any plant which melts raw mate-rials, produces hand pressed or blownleaded glassware, employs hydrofluoricacid finishing techniques, and dischargesgreater-than 50 gallons per day of processwaste water, shall meet the followinglimitations.Effluent characteristic Effluent limitationLead --------------- No linitation.Fluoride .------- o.

S"---- - Do.pH ---------------- Do.

(b) Any plant which melts raw mate-rials, produces non-leaded hand pressed

-or blown' glassware, discharges greaterthan 50 gallons Per day of process wastewater, and employs hydrofluoric acidfinishing techniques shall meet the fol-lowing limitations.Effluent characteristic Effluent limitationsFluoride -- No Limitation.

Ms ------------------- Do.pH .------------------ Do.

(c) Any plant which melts raw mate-rials, produces leaded or non-leadedhand pressed or blown glassware, dis-charges greater than 50 gallons per dayof process waste water, and does notemploy hydrofluoric acid finishing tech-niques shall meet the following limita-tions.Effluent characteristic Effluent limitationsTSS ---------------- No limitation.pH ----------------- Do.

§ 426.133 Effluent limitations guide-lines representing the degree of ef-fluent reduction attainable by theapplication of the best available tech-nology economically achievable.

The following limitations establishthe quantity or qualiy of pollutants oriollutant properties, sontrolled by thissection, which may be discharged by apoint source subject to the provi-sions of this subpart after applicationof the best available technology eco-nomically achievable:

(a) Any plant which melts raw ma-terials, produces hand pressed or blownleaded glassware, discharges greaterthan 50 gallons per day of process wastewater, and employs hydrofluoric acidfl.ishing techniques shall meet the fol-lowing limitations.



any one day consecutive d'ysha notee

0/1

TSS-- -----20.0 10.0p ----- ---- Whn the

rage 6.0 to

(b) Any plant which melts raw ma-terials, produces non-leaded handpressed or blown glassware, dischargesgreater than 50 gallons per day of proc-ess waste water, and employs hydro-fluoric acid finishing techniques shallmeet the following limitations.

Efflumt Ilmltatlos

Effluent Aver e of dailycharacteristio 3axmum for valu= for thirty

any one day conscutlvo da

mgfl

FIluoido .........- 20.0 ---------- 13.0TSS .............. 20.0 -----..... 1.0pE ............... ithln the -........

rn-o (. to90.

(c) Any plant which melts raw mate-rials, produces leaded or non-leadedhand pressed or blown glassware, dis-charges greater than 50 gallons per dayof process waste. water, and does notemploy hydrofluoric acid finishing tech-niques shall meet the following limita-tions.

Effent limltattons

Effluent Aver otdal lycharacteristlo Maximum for values for thirty

any one day o. euUva day3aball not exee-

"TSS ............ 20.0 ........ 10.0pH..Within the .................

rang1 1.0 to

§ 426.134 [Rcset'cd.§ 426.135 Standards of performance for

new source

The following standards of perform-ance establish the quantity or quality ofpollutants -or pollutant properties, con-trolled by this section, which may bedischarged by a new source subject tothe provisions of this subpart:

(a) Any plant which melts raw mate-rials, produces hand pressed or blownleaded glassware, discharges greaterthan 50 gallons per day of process wastewater, and employs hydrofluoric acidfinishing techniques shall meet the fol-lowing limitations.

Effluent limitatlons

Effluent Averapotdallycharactertatic Maximumn for valu for thirty

any one day 2arecu= 1

Fluoride.2--0----- 13.0TSS ............ 20.0 1..... 0.0pI. .............. Withi the

rane 0.0L to9.0

(b) Any plant which melts raw mate-rials, produces non-leaded hand premedor blown glassware, discharges greater

than 50 gallons per day of process wastewater, and employs hydrofluoric acidfinishing techniques shall meet thefollowing limitations.

Effluent mltations

Effluent Average cdallychmtCerWIC Maximum for valu for thirty

any one day conecutiveda

! luarldo . .. .0. . .. 1&.020.- 10.0

p11 ....... Within therangr.0t0.0.t

(C) Any plant which melts raw mate-rials, produces leaded or non-leaded handpressed or blown glassware, dischargesgreater than 50 gallons per day of proc-ems waste water, and does not employhydrofluoric acid finishing techniquesshall meet the following limitations.

EMfent limitatfonsEffluent. Averagoo 0dally

cbaracterisaa Maximum for value for thirtyany one day consuve daysthali not exceed-

TM _ ..... . 2M.0 -.. . .0puI ........ within the

rane C0 to

§426.136 Pretreatment standards for

new sources.The pretreatment standards under

setion 307(c) of the Act for a newsource within the hand pressed andblown manufacturing subcategory in-cluding any plant which melts raw mate-rials and (a) produces hand pressed orblown leaded glassware and employshydrofluoric acid finishing techniques,(b) produces non-leaded hand pressed orblown glassware find employs hydro-fluoric acid finishing techniques, or (c)produces leaded or non-leaded handpressed or blown glassware and does notemploy hydrofluoric acid finishing tech-niques, which Is a user of a publiclyowned treatment works and a major con-tributing industry as defined in Part 128of this chapter, for existing sources (andwhich would be a new point source sub-ject to section 306 of the Act, if it wereto discharge pollutants to the navigable.waters), shall be the same standard asset forth in Part 128 of this -chapter, ex-cept that, for the purpose of this section;§§ 128.121, 128.122, 128.132, and 128.133of this chapter shall not apply. The fol-lowing pretreatment standards establish-the quantity or quality of pollutants orpollutant properties controlled by thissection which may be discharged to apublicly owned treatment works by anewpoint source subject to the provisions ofthis subpart, Including any plant whichmelts raw materials and (1) produceshand premed or blown leaded glasswareand employs hydrofluorle acid finishingtechniques, (2) produces non-leaded

FEDERAL REGISTER, VOL 40, NO. li-THURSDAY, JANUARY 16, 1975

-9961

RULES AND- REGULATIONS

'hand pressed or blown glassware and em-ploys hydrofluoric acid finishing tech-niques, or (3) produces.leaded or non-leaded hand pressed or blown glasswareand does not employ hydrofluoric acidflnishing techniques.

(a) Pretreatment Standards

Pollutant or Average o diyPollutant Property Ma xium for values for thry

any one day consezutive daysshall not exceed -

Foriide-.: .. 2..0 --- --- 13.0e .... ....... . No limitation.............------.

TSS ... ........... -N o lim itaton ...... ..............PIL - .---------- No limitation ..---------------

(b) Pretreatment Standards

Pollutant or Average of dailyPollutant Property Maximum for value for thirty

any ono day consocutivo daysshall not exceed-

-g/il

Fluoride ---------- 26.0 ------------- 13.0Lead ----------- No limitation ....................T8 -.-------- -._.No limitation .....-.............pH ------------.. -- No limitation ..................

(c)Pollutant or Pollutant Property Pretreatment

Standards

TSS. ----------------- ------- NollmitationPH --................................- N o lim itation

IR Doc.7-1204 Filed 1-15-75;8:46 am]

FEDERAL REGISTER, VOL. 40, NO. II-THURSDAY, JANUARY 16, 1975"

2962

PROPOSED RULES


[ 40 CFR Part 426][FL 321-2]

GLASS MANUFACTURING POINTSOURCE CATEGORY

Proposed Application of Effluent Limita-tions Guidelines for Existing SourcesNotice is hereby given pursuant to sec-

tions 301, 304, and 307(b) of the FederalWater-Pollution Control Act, as amended(the Act); (33 U.S.C. 1251, 1311, 1314,and 1317(b)); 86-Stat. 816 et seq.; Pub.L. 92-500, that the proposed regulationset forth below concerns the applicationof effluent limitations guidelines for ex-isting sources to pretreatment standardsfor incompatible pollutants. The pro-posal will amend 40 CPR Part 426-GlassManufacturing Point Source Category,establishing for Subparts H through Mtherein the extent of application of ef-fluent limitations guidelines to existingsources which discharge to publiclyowiied treatment works. The regulationis intended to be complementary to thegeneral regulation for pretreatmentstandards set forth at 40 CFR Part 128.The general regulation was proposedJuly 19, 1973 (38 FR 19236), and pub-lished in final form on November 8, 1973(38 FR 30982).

The proposed regulation is also in-tended to supplement a final regulationbeing simultaneously promulgated by theEnvironmental Protection Agency (EPAor Agency) which provides effluent limi-tations guidelines for existing sourcesand standards of performance and pre-treatment standards for new sourceswithin the glass container-manufactur-ing, machine pressed and -blown glassmanufacturing, glass tubing (Danner)manufacturing, television picture tubeenvelope manufacturing, incandescentlamp envelope manufacturing, and handpressed and blown glass manufacturingsubcategories of the.glass manufacturingpoint source category. The latter regula-tion applies to the portion of a dischargewhich is directed to the'navigable waters.The regulation proposed below applies tousers of publicly owned treatment workswhich fall within the description of thepoint source category to which the guide-lines and standards (40 CFR Part 426)promulgated simultaneously apply. How-ever, the proposed regulation applies tothe introduction of incompatible pollut-ants which are directedinto a publiclyowned treatment works, rather than todischarges of pollutants to navigablewaters.

The general pretreatment standarddivides pollutants dischargedby users of

publicly owned treatment works into twobroad categories: "compatible" and "in-compatible?" Compatible pollutants are

,generally not subject to pretreatmentstandards. (See 40 CFR 128.110 (State orlocal law) and 40 CFR 128.131 (Pro-hibited wastes) for requirements whichmay be applicable to compatible pollut--ants). Incompatible pollutants are sub-ject to pretreatment standards as pro-

vided in 40 CFR 128.133, which providesas follows:

"In addition to the prohibitions setforth In § 128.131, the pretreatmentstandard for incompatible pollutants in-troduced into a publicly owned treatmentworks by a major contributing industrynot subject to section 307(c) of the Actshall be, for sources within the corre-sponding industrial or commercial cate-gory, that established by a promulgatedeffluent limitations guideline definingbest practicable control technology cur-rently available pursuant to sections 301(b) and 304(b) of the Act; provided that,if the publicly owned treatment workswhich receives the pollutants Is com-mitted, in its NPDES permit, to remove aspecified percentage of any incompatiblepollutant, the pretreatment standard ap-plicable to users of such treatment worksshall be correspondingly reduced for thatpollutant: And provided further, Thatwhen the effluent limitations guidelinesfor each industry are promulgated, aseparate provision will be proposed con-cerning thie application of such guide-lines to pretreatment."

The regulation proposed below Is in-tended to implement that portion of§ 128.133, above, requiring that a sepa-rate provision be made stating the appli-cation to pretreatment standards of ef-fluent limitations guidelines based uponbest practicable control technology cur-rently available.

Questions were raised during the pub-lic comment period on the proposed gen-eral pretreatment standard (40 CFR Part128) about the propriety of applying astandard, based upon best practicablecontrol technology currently available toall plants subject to pretreatment stand-ards. In general, EPA believes the analy-sis supporting the effluent limitationsguidelines is adequate to make a deter-mination regarding the application ofthose standards to users of publiclyowned treatment works. However, toensure that those standards are appro-priate in all cases, EPA now seeks ad-ditional comments focusing upon theapplication of effluent limitations guide-lines to users of publicly owned treat-ment works.

Sections 426.86,426.96,426.106,426.116,426.126, and 426.136 of the proposed reg-ulation for point sources within the glasscontainer manufacturing, machinepressed .and blown glass manufacturing,glass tubing (Danner) manufacturing,television picture tube envelope manu-facturing, incandescent lamp envelopemanufacturing, and hand pressed andblown glass manufacturing subcategories(August 21, 1974; 38 M 30282), con-tained the proposed pretreatment stand-ard for new sources. The regulationpromulgated simultaneously herewithcontains §§ 426.86, 426.96, 426.106,42"6.116, 426.126 and 426.136 which statethe applicability of standards of per-formance for purposes of pretreatmentstandard for new sources.

A preliminary Development Documentwas made available to the public on ap-proximately October 7,1974, and the finalDevelopment Document entitled "De-

velopment Document for Effluent Limi-tatlons Guidelines and New Source Per-formance Standards for the PRESSEDAND BLOWN GLASS Segment of theGlass Manufacturing Point Source Cate-gory" Is now being published. The eco-nomic analysis report entitled 'EconomicAnalysis of the Proposed Effluent Limita-tions for Selected Pressed and BlownGlass Industry Sectors" CAugust 1974),was made available at approximately thetime of proposal- Copies of the final De-velopment Document and economic an-alysIs report will continue to be main-tained for inspection and copying duringthe comment period at the EPA Informa-tion Center, Room 227, West Tower, Wa-terside Mall, 401 M Street, SW., Wash-ington, D.C. Copies will also be availablefor inspection at EPA regional offices andat State water pollution control agencyoffices. Copies of the Development Docu-ment may be purchased from the Super-intendent of Documents, GovernmentPrinting Office, Washington, D.C. 20402.Copies of the economic analysis reportwill be available for purchase through theNational Technical Information Service,Springfield, Virginia 22151.

On June 14,1973, the Agency publishedprocedures designed to ensure that, whencertain major standaids, regulations, andguidelines are proposed, an explanationof their basis, purpose, and environ-mental effects is made available to thepublic (38 FR 15653). The procedures are*applicable to major standards, regula-tions, and guidelines which are proposedon or after December 31,1973, and whicheither prescribe national standards ofenvironmental quality orzrequire nationalemission, effluent, 6r performance stand-ards or limitations.

The Agency determined to Implementthese procedures In order to ensure thatthe public was provided with backgroundinformation to assist It In commentingon the merits of & proposed action. Inbrief, the procedures call for the Agencyto make public the Information availableto It delineating the major environ-mental effects of a proposed action, todiscuss the pertinent nonenvironmentalfactors affecting the decision, and to ex-plain the viable options available to itand the reasons for the option selected.

The procedures contemplate publica-tion of this information in the FxrizgREasrn, where this is practicable. Theyprovide, however, that where such publi-cation is impracticable because of thelength of this material, the material maybe made available in an alternate format.

The Development Document referredto above contains Information availableto the Agency concerning the major en-vironmental effects of the regulation pro-posed below. The Information includes:(1) The Identification of pollutantspresent in waste waters resulting fromthe manufacture of pressed, and blownglass products, the characteristics ofthese pollutants, and the degree of pol-lutant reduction attainable through im-plementation of the proposed standard;and (2) the anticipated effects on otheraspects of the environment (includingair, subsurface waters, solid waste dis-

FEDERAL REGISTER, VOL 40, N?. 11-THURSDAY, JANUARY 16, 1975

2963

PROPOSED RULES

posal and land use, and noise) of thetreatment technologies available to meetthe standard proposed.

The Development Document and theeconomic analysis report referred toabove also contain information avail-able to the Agency regarding the esti-mated cost and energy consumptionimplications of those treatmenttechnologies and the potential effects ofthose costs on the price and productionof pressed and blown glass products. Thetwo reports exceed, in the aggregate, 200pages in length and contain a substantialnumber of charts, diagrams- andtables. It is clearly impracticable topublish the material contained in thesedocuments in the FEDERAL REGISIER. Tothe extent possible, significant, aspectsof the material have been presented insummary form in the preamble to theproposed regulation containing effluentlimitations guidelines, new sourceperformance standards, and pretreat-ment standards for new sources withinthe glass manufacturing category (39PR 30282; August 21, 1974). Additionaldiscussion is contained in the analysis ofpublic comments on the proposed regu-lation and the Agency's response to thosecomments. This discussion appears inthe preamble to the promulgated regu-lation (40 CPR Part 426) whichcurrently is being published in the Rulesand Regulations section of the.,bEDERALREGISTER (as part of Part I).

The options available to the Agencyin establishing the level of pollutantreduction attainable through the bestpracticable control technology currentlyavailable, and the reasons for the partic-ular level of reduction selected arediscussed In. the documents describedabove. In applying the effluent limitationsguidelines to pretreatment standards forthe introduction of incompatiblepollutants into municipal systems byexisting sources in the glass containermanufacturing, machine pressed andblown glass manufacturing, glass tubing(Danner) manufacturing, televisionpicture tube envelope manufacturing,incandescent lamp envelope manu-facturing, and hand pressed and blownglass manufacturing subcategories theAgency has, essentially, three options.The first is to declare that the guidelinesdo not apply. The second is to apply theguidelines unchanged. The third s tomodify the guidelines to reflect: (1) Dif-ferences between direct dischargers andplants utilizing municipal systems whichaffect the practicability of the latteremploying the technology available toachieve the effluent limitations guide-lines; or (2) characteristics of therelevant pollutants which require higherlevels of reduction (or permit lessstringent levels) in order to ensure thatthe pollutants do not interfere with thetreatment works or pass through themuntreated.

Most of the subcategories of the,pressed and blown glass segment of theglass manufacturing point source cate-gory discharge waste waters con-taining both pollutants which will beadequately treated by a publicly owned

treatment works and pollutants whichwill pass through inadequately treated.Oil emulsions of a mineral or biodegrad-able animal or vegetable nature are uti-lized as shear spray within the glass con-tainer- manufacturing, machine pressedand blown glass manufacturing, incan-descent lamp envelope manufacturing,and television picture tube envelopemanufacturing subcategories. It has beendetermined that animal and vegetableoils can be adequately removed Inpublicly owned treatment works, whereasmineral oil may not be readily removedand may pass through untreated.Therefore, it is appropriate thatseparate pretreatment regulations beestablished for these categories of oils.

Fluoride resulting from the use ofhydrofluoric acid is present in waste.waters discharged by plants within thetelevision picture tube envelope manu-facturing, incandescent Lamp envelopemanufacturing, and handpressed andblown glass manufacturing sub-categories. The quantities of fluoride dis--charged by plants within the handpressed and blown glass manufacturingsubcategory are considered insignificantand no pretreatment limitation Isspecified. The quantities of fluoride dis-charged by plants within the televisionpicture tube envelope manufacturing andincandescent lamp envelope manu-facturing subcategories are significantin terms of both concentration andloading. Fluoride levels on the order of750 to 2800 mg/1 are typical of certaindischarge streams from plants withinthese subcategories,

The proposed regulation requires thepretreatment of fluoride to the Ievels at-tainable by the application of the bestpracticable control technology currentlyavailable. This is justified on the basisof the expected passage, of fluoridethrough a publicly owned treatmentworks untreated. The proposed regula-tion requires the pretreatment of min-eral bit to a level of 100 mg/1 to reflectthe capability of publicly owned treat-ment systems.

No limitations are established for totalsuspended solids, ammonia, or lead since

-they are expected to be adequatelytreated by publicly owned treatmentworks.

Interested persons may participate inthis rulemaking by submitting writtencomments in triplicate to the EPA In-formation Center, Environmental Pro-tection Agency, Washington, D.C. 20460,Attention: Mr. Philip B, Wisman. Com-ments on all aspects of the proposed reg-.ulations are solicited. In the event com-ments are in the nature of criticisms asto the adequacy of data which are avail-able, or' which may be relied upon bythe Agency, comments should identifyand, if possible, provide any additionaldata which may be available and shouldindicate why such data are essential tothe development of the regulations. Inthe event comments address the ap-proach taken by the Agency In establish-ing pretreatment standards for existingsources, EPA solicits suggestions as towhat alternative approach should be

taken and why and how tls alternativebetter satisfies the detailed requirementMof sections 301, 304, and 307(b) of theAct.

A copy of all public comments will beavailable for inspection and copying atthe EPA Information Center, Room 227,West Tower, Waterside Mall, 401 MStreet SW., Washington, D.C. 20400. TheEPA information regulation, 40 CFRPart 2, provides that a reasonable feemay be charged for copying.

In consideration of the foregoing, It ishereby proposed that 40 CFR 420 beamended to add §§ 426.84, 426.94, 426.104,426.114, 426.124, and 426.134 as set forthbelow. All comments received on or be-fore February 18, 1975, will be considered.

Dated: January 7, 1975.RussrLL 1-. TRAwI,

Administrator.Part 426 is proposed to be amended as

follows: .Subpart H is amended by adding

§ 426.84 as follows:426.84 Pretreatment standards for ex-

isting sources.The pretreatment standards under

section 307(b) of the Act for a sourcewithin the glass container manufactur-ing subcategory which is a user of a pub-licly owned treatment works and a ma-Jor contributing industry as defined inPart 128 of this chapter (and whichwould be an existing point source sub-Ject to section 301 of the Act, if It wereto discharge pollutants to the navigablewaters), shall be the standard set forthin Part 128 of this, chapter, except that.,for the purpose of this section, § § 128.121,128.122, 128.132; and 128.133 of this chap-ter shall not apply. The following pro-treatment standard establishes thequantity or quality of pollutants or pol-lutant properties controlled by this sec-tion which may be discharged to a pub-licly owned treatment works by a pointsource subject to the provisions of thissubpart.Pollutant or pollutant Pretrcatmcnt

Property standardpH ---------------- No limitation.TSS ---------------- Do.Oil (animal and vego- Do.

table).oil (mineral) .------ 100 mg/I daily

Maximum.Subpart I is amended by adding

§ 426.94 as follows:§ 426.94 [Reserved]

Subpart J is amended by adding§ 426.104 as follows:§ 426.104 Pretreatment, standards for

existing sources.'The pretreatment; -tandards under

section 307(b) of the Act fpr a sourcewithin the glass tubing manufacturingsubeategory which I- a user of a publiclyowned treatment works and a majorcontributing Industry as defined in Part128 of this chapter (and which would bean existing point source subject to section301 of the Act, If It were to discMrgo Pol-lutants to the navigable waters), shall

FEDERAL REGISTER, VOL. 40, NO. I I-THURSDAY, JANUARY 16, 1975

PROPOSED RULES

be the standard set forth in Part 128 ofthis chapter, except that, for the purposeof this section, §§ 128.121, 128.122, 128.-132, and 128.133 of this chapter shall notapply. The following pretreatment stand-ard establishes the quantity or qualityof pollutants or pollutant properties con-trolled by this section which may be dis-charged to a publicly owned treatmentworks by a point source subject to theprovisions of this subpar,.

Pollutant or pol- Pretreatmentlutant property standard

p'H ------------------ No limitation.TSS ------------------ Do.

Subpart K is amended by adding§ 426.114 as follows:

§426.114 Pretreatment standards forexisting sources.

The pretreatment standards undersection 307(b) of the Act for a sourcewithin the television picture tube en-velope manufacturing subcategory whichis a user of a publicly owned treatmentworks and a major contributing industryas defined in Part 128 of this chapter(and which would be an existing pointsource subject to section 301 of the Act,if it were to discharge pollutants to thenavigable'waters), shall be the standardset forth in Part 128 of this chapter, ex-cept that, for the purpose of this sec-.tion, §§ 128.121, 128.122, 128.132, and128.133 of this chapter shall not apply.The following pretreatment standardestablishes the quantity or quality ofpollutants or pollutant properties con-trolled- by this section which may be dis-charged to a publicly owned treatmentworks by a point source subject'to theprovisions of this subpart.


Pollutant or Avergo of dailyPollutant Property Madmum for values for thirty


(Metric units) gA/kg of furnace pull

Lead -....-------- No limitation ....................Fluoride -------- 140.0 70.0Oil (animal & No limitation ....................

vegetable). 10gdi_O(mineral) ..... l g/daily ;.................-maximulm

TSS .------ ------ No limitationp ..------------- No limitation ....................

(English units) IbAiOO0 of furnace pull

Iead____....__- No limitation .................... =Fluoride---- ----- 0.14 ------------- 0.07Oil (animal & No limitation ..................

vegetable).Oil (mineral) - 10M ar--------------

TSS ...---------- No limitation ...................--pH ..------ No limitation ...................

Subpart L Is amended by adding§ 426.124 as follows:§426.124 Prctrcatmcnt standards for

existing sources.

The pretreatment standards under sec-tion 307(b) of the Act for a sourcewithin the Incandescent* lamp envelopemanufacturing subcategory includingthose plants whire (a) raw materials aremelted in a furnace and mechanicallyprocessed into incandescent lamp en-velopes and (b) incandescent lamp en-velopes are etched with hydrofluoric acidto produce frosted envelopes, which Is auser of publicly owned treatment worksand a major contributing industry as de-fined in Part 128 of this chapter (andwhich would be an existing point sourcesubject to section 301 of the Act, if itwere to discharge pollutants to thenavigable waters), shall be the standardset forth in Part 128 of this chapter, ex-cept that, for the purpose of this section,§§,128.121, 128.122, 128.132, and 128.133of this chapter shall not apply. The fol-lowing pretreatment standards establishthe quantity or quality of pollutants orpollutant properties controlled by thissection which may be discharged to apublicly owned treatment works by apoint source subject to the provisions ofthis subpart, including those plants where(c) raw materials are melted in a furnaceand mechanically processed into incan-descent lamp envelopes and (d) incan-descent lamp envelopes are etched withhydrofluoric acid to produce frostedenvelopes.

'Pollutant or PretrentmentPollutant Property Standard

..--- -............ No limitation.....No limitation

Oil (animal and vegetable)- No lilmtationOil (mineral) ----------. 100 ngl daily ma mun


Pollutant or Average of dailyPollutant Property Maximum far valus for thdy

any one day conroulee

(Metric units) g/kkg of product frosted

Fluoride .- .23.0 .-... 115.0Ammonia --- .....---------------- No llmitationTBS -.-..------------------. No limitationpH ..--------.-------.------- No llmltation

(English units) ]bJOO lb of product froted

Fluorde-_ . 0.23 z--- z 0.115Ammonia ...................... No limltatonTSB--- -........................ No limitationpL ..-------------.------------- No limitation

Subpart M Is amended by adding§ 426.134 as follows:

§426.134 Pretreatment standards forexisting sources.

The pretreatment standards undersection 307(b) of the Act for a sourcewithin the hand pressed and blown glassmanufacturing subcategory includingany plant which melts raw materials and(a) produces hand-pressed or blownleaded glassware and employs hydro-fluoric acid finishing techniques. (b)produces non-leaded hand pressed orblown glassware and employs hydro-fluoric acid finishing techniques, and c)produces leaded or non-leaded handpressed or blown glassware and does notemploy hydrofluoric acid finishing tech-niques, which is a user of a publiclyowned treatment works and a majorcontributing industry as defined in Part128 of this chapter (and which would bean existing point source subject to sec-tion 301 of the Act, if it were to dischargepollutants to the navigable waters), shallbe the standard set forth in Part 128 ofthis Chapter, except that, for the pur-pose of this section, §§ 128.121, 128.122,128.132, and 128.133 of this Chapter shallnot apply. The following pretreatmentstandards establish the quantity or qual-ity of pollutants or pollutant propertiescontrolled by this section which may bedischarged to a publicly owned treatmentworks by a point source subject to theprovisions of this subpart, including anyplant which melts raw materials and (d)produces hand pressed or blown leadedglassware and employs hydrofluoric acidfinishing techniques, (e) produces non--leaded hand pressed or blown glasswareand employs hydrofluoric acid finishingtechniques, and C) produces leaded ornon-leaded hiand pressed or blown glass-ware and does not employ hydrofluoricacid finishing techniques.

(a)Pollutant or pollutant

propertyFluoride1,cad -- - - - - - -- - -

(b)Pollutant or pollutant

propertyFluoride-----------pH-

C)

Pretreatmentstandarc

No limitation.Do.Do.Do.

Pretreatmentstandard

No limitation.Do.Do.

Pollutant or pollutant Pretreatmentproperty standard

7S No limitation.PH --------- DO.

[FR Doc.75-1205 Filed 1-15-75;8:45 am]


2965

THURSDAY, JANUARY 16, 1975

WASHINGTON, D.C

Volume 40 w Number 11

PART III 4'934*

ENVIRONMENTALPROTECTION

AGENCY

WATER QUALITYPROGRAMS ANDIMPLEMENTATION

PLANS

Final Asreement

2968 NOTICES


[FRL 309-2]WATER QUALITY PROGRAMS ANDIMPLEMENTATION PLANS

final AgreementA joint agreement for interagency co-

ordination of areawide waste treat-ment management planning assistance toState and local governments has beenworked out between the EnvironmentalProtection Agency and the Depart-ment of the Army (Corps of Engineers).This agreement, presented below, de-flines the relationship between areawidewaste treatment management planningconducted by the Army Corps ofEngineers under its Urban Studies Pro-gram and areawide waste treatmentmanagement planning authorized underTitle II of the Federal Water PollutionControl Act Amendments of 1972 andadministered by EPA. It also sets forthcoordination and funding procedures tobe followed in those areas that have ormay have Corps Urban Studies in areasdesignated for ureawide planning. Theagreement further specifies that theCorps of Engineers may provide tech-nical assistance in areawide planningoutside the Urban Studies Program.

The agreement is effective on signatureof the parties.

RUSSELL E. TnRA,Administrator.

JOINT AGREEMIENT FOR INTERAGENYc COOR-DINTATION OF AREAWIDE WASTE T5EATZENTBIANACEMnCTr PLANNING ASSISTANCE ToSTATE AND LOCAL GOVERNBXENTS BsrwxsnrTsE ENVZHON=ENTAL PROTECTION AcEncyAND THE DEPARTLIENT OF TnE Anry

Purpose. This interagency agreement de-lines the relationship between zreawidewaste treatment management planning con-ducted by the Army Corps of Engineers un-der its Urban Studies Program and areawidewaste treatment management planning au-thorized under Title Ir of the Federal WaterPollution Control Act Amendments of 1972and administered by the Environmental Pro-tection Agency. The agreement also ac-knowledges that the Corps of Engineers mayprovide technical assistance In 208 planningoutside the Army Urban Studies Program.

The Army Corps of Engineers Is authorizedby specific resolutions of Public Works Com-mittee of Congress to conduct regionalwastewater management planning for des-ignated urban regions of the United States.Such planning Is normally conducted In con-junction with other urban water resourcesproblems as part of the Corps of Engineers.Urban Studies Program. Further, section 208of the Federal Water Pollution Control ActAmendments of 1972 (Pub. L. 92-500) au-thorizes the Secretary of the Army, actingthrough the Chief of Engineers, to provideconsulting and technical assistance to plan-ning agencies designated under section208(a) in developing and.operating a con-tinuing areawide waste treatment manage-ment planning process under section 208(b)upon request of the Governor or the debig-nated planning agency.

The Administrator of the EnvironmentalProtection Agency, in fulfilling his responsi-bility for administering Rub. L. 92-500, Isrequired by the Act to encourage and facil-Irate the development and implementationof areawide waste treatment managementplans. Subsection 208(f) authorizes theAdministrator to make grants to designatedplanning dgencles to develop and operatecontinuing areawide waste treatment man-agement planning processes in accordancewith specific requirements of Section 208.The Act further authorizes the Administra-tor under Subsection -208(g) to consult withand provide technical assistance to a des-ignated agency upon request of the Gover-nor or the designated 208 agency.

While each Federal agency executes Itsareawide waste treatment planning respon-sibilities In a different manner-the Armythrough technical assistance-and the En-vironmental Protection Agency primarilythrough grants, the two programs are com-patible and are designed to achieve thesame goal. The provisions delineated in thisagreement are intended to provide guidanceto representatives of both agencies In in-stances where the two programs may involvethe same geographical area.

Oblectives. A common goal of both agen-cies is to enhance the capability of local andState governments in developing regionalwastewater management planning processeswhich will achieve the National water qual-ity-goals stipulated In Pub. L. 92-500. Inaccordance with this goal, three specific ob-Jectives have been established for the area-wide waste treatment management planningprogram-

These are:(1) Development of a local planning proc-

ess which can successfully conduct the re-quired planning on an areawide scale;

(2) Development; of an initial plan meet-Ing requirements of the Act; and

(3) Establishment of a continuing plan-ning process at the regional level which cansuccessfully evaluate the current plan andappropriately update such a plan to allowcontinued annual recertification by the Gov-ernor as required by the Act.

Coordinating provions. 1. Planning by theCorps of Engineers under the provisions ofsection 208 'will be to the level of precisionrequired by the Administrator for approvalof any plan certified and submitted to him]bJ any Governor under section 208.

2. Acceptance of request by the Secretaryof the Army to provide consultation or tech-ical assistance in areawide wastewater man-

agement planning s contingent upon theresources and manpower available to theCorps of Engineers to provide such assistance.

3. The Corps of Engineers will assign ap-propriate priority to planning recluired bysection 208 to enable the designated planningagency and/or the Governor to comply withtime limitations prescribed by the RegionalAdministrator, Environmental ProtectionAgency.

4. 'The existence of an urban study resolu-tion shall not preclude approval of a 208designation for an area, nor shan approvalof a 208 designation for an area precludefunding for an urban study.

5. In no case shall there be a duplicationof Environmental Protection Agency andCorps of Engineers funding for the samespecific task In development of a wastewatermanagement plan or planning process underTitle II of the Federal Water Pollution Con-trol Act Amendments of 1972.

Where a potential duplication of the samespecific tas is Identified, applicable Corps ofEngineers and Environmental ProteotionAgency budgets will be appropriatelymodified.

6. All secction 208 planning activities un-dertaken by the Corps of Engineero will beset forth in a plan of study approved bythe designated local planning agency, theState and the Environmental ProtectionAgency Regional Administrator. Such plan-ning will be In accordance vith all appliea-ble laws, Environmental Protection Agencyguidelines, criteria, and regulations, as wellas applicable State and local laws and regu-latlons.

7. Where plans of study under the ArmyUrban Studies Program have been approvedby local officials and the Environmental Pro-tection Agency prior to the 208 desIgnation,the plans of study for the 208 project andthe Urban Study will be reviewed to Identifythe additional planning needed to meet 2108requirements. The urban study will be com-pleted in accordance with provisions of theoriginal plan of study as revised to includeany additional section 208 requirements re-quested by the designated planning agonoy

8; Where an urban study has been author-:Led and funded for an area also designatedunder section 208 and a plan of study hasnot been approved, the Corps of Engineerswill delete areawido waste water planningfrom the urban study If the designated plan-ning agency elects to accomplish such plan-ning using section 208 grant funds. UnderEuch conditions, the Corps of Engineers willasess the remaining water resources prob-leros to determine the feasibility of under-taking an urban study.

Conversely, If the designated planningagency requests the Corps of Engineers toconduct the section 208 planning as an In-tegral part of the urban study, a plan ofstudy will be developed to meet the require-ments of the designated 208 planning agency,subject to the approval of the EnvironmentalProtection Agency Regional Administrator.If agreement concerning the plan of studyfor the 208 designated area cannot be sotforth in a mutually agreeablo manner, waste-water planning for the area will be deletedfrom the urban study and accomplished bythe designated planning ageney. An above,the Corps of Engineers would then asess thefeasibility of undertaking the remaining fac-ets of the urban study.

9. Technical assistance provided by theCorps of Engineers may include the develop-ment of alternative plans or portions of piansfor meeting the provisions of section 208(b).The dccisioh to adopt or Implement specificalternatives or proposals generated by thisplanning I the responsibility of the desig-nated planning and the designated manage-ment agency(les).

10. Technical assistance provided by theCorps of Engineers for designated 208 areasnot included in the urban studies programwill be accomplished as directed by the desig-nated planning agency.

11. Upon request of the Governor(s), andupon agreement of the Regional Administra-tor, Environmental Protection Agenoy, theArmy Corps of Engineers may consult withand provide technical assistance on a reim-bursable basis in developing State plans forareas not designated under section 208(a).

F"unding polfej. Funding policy Is based onthe premise that a designated agency needsto fully participate in the planning processand to build planning expertise,


NOTICES

1. Section 208 studies initiated throughJune 30, 1975 can be at 100 percent Federalexpense except that costs and effort providedby non-Federal interests prior to designationwill not be reimbursed. For areawide waste-water management studies of designatedareas initiated through June 30. 1975, thesource of Federal funds by planning categorywll be as follows: k -

a. Section 208 planning included irk Armyurban studies will be funded 75 percent byArmy and 25 percent by the EnvironmentalProtection Agency. (The funds from the En-vironmental Protection Agency will begranted to the designated agency for internalactivities.). Section 208 planning added toplanning already included in Army urbanstudies will be funded 100 percent by the

- Environmental Protection Agency.b. Section 208 planning by the Corps of

Engineers in areas not associated with the

Army Urban Studies Preram wll be funded100 percent by EPA.

2. In areas ijot designated under cection208, wastewater management planning con-ducted by the Corps as a part of an urbanstudy will be cost shared at 75 percent Fed-oral/25 percent non-FederaL

Signed at Washington, D.C., this 22dday of November 1974.

IEINION IENTAL PROTECTIONAGENCY,

RusSML E. TM=,AdminLstrator of EPA.

DEPART= OF = Anriy,HoWMD H. CALL&WAY,

Secretary of the Army.[F. 0oo.76-2546 Filed 1-16-75;8:45 am]

FEDERAL REGISTER,- VOL 40, NO. 11-THURSDAY, JANUARY 16, 1975

2969

- 4?'

NOTICE TO FEDERAL REGISTER READERS

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Our goal is twofold:First-to make each document published in the FEDERAL REGISTER easily understandable, thus making

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or unclearly stated.We believe this effort is consistent with the 'objectives stated by President Ford in his October 8th speech on

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Federal Register: 40 Fed. Reg. 2791 (Jan. 16, 1975). - Loc

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