WEDNESDAY, OCTODER 19, 1977 - US Government ...

Vol.42— No.202 10-19-77PAGES55807-55878

WEDNESDAY, OCTODER 19, 1977

IMPORTANT NOTICE TO FEDERAL AGENCIES For information on new billing codes required on all documents submitted for publication in the Federal Register after October 1, 1977, see back cover of this issue.

SUNSHINE ACT MEETINGS .......... 55863

CHILD SUPPORT COLLECTIONS HEW/OCSE changes rate of incentives to States and local governments for collections which reimburse welfare payments; effective 10-1-77............................. ..... 55817

RURAL HOUSINGHUD and USDA amend memorandum of understanding on new housing for lower-income families; effective 9-20—77 .......... ...................................... .............. 55826,55831

CB RADIOSFCC extends cutoff date for sales of hand held units to 8-1—78 ......... ............ ........... ....'......... .............................. 55849

FEDERAL SAVINGS AND LOAN SYSTEMFHLBB proposes to change requirements for satelliteoffices; comments by 11-21-77......................................... 55822

PESTICIDESEPA proposes a tolerance for the herbicide terbacil on strawberries; comments by 11-18-77 . .................... .. 55829

CONTROLLED DRUGSJustice/DEA proposes 1978 aggregate production quotas for certain Schedule I and Schedule II sub-stances; comments by 11—21—77.................................... 55852

COTTON TEXTILESCITA increases the consultation level for certain types of apparel from Romania; effective 10-20—77.............. 55836

CHARTER FLIGHTSCAB proposes to liberalize charter regulations due to competition from regularly scheduled fares; comments by 11-2-77 ............................................. ................. ...... 55823

EXPORT LICENSESCommerce/DIBA establishes a 90 day time limit for decisions on applications, after which applications are deemed approved; effective 10-26-77............... .............. 55807

ANTIDUMPINGTreasury initiates investigation on carbon steel wire rod, not tempered, not treated and not partly manufactured, from France; effective 10—19—77......... ..................... 55858

CONTINUED INSIDE

AGENCY PUBLICATION ON ASSIGNED DAYS OF THE WEEKThe six-month trial period ended August 6. The program is being continued on a voluntary basis (see OFR

notice, 41 FR 32914, August 6, 1 9 /6 ). The following agencies have agreed to remain in the program:

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DOT/OPSO LABOR DOT/OPSO LABOR

HEW/AD AM HA HEW/ADAM HA

HEW/CDC HEW/CDCHEW/FDA HEW/FDA

HEW/HRA HEW/HRA

HEW/HSA HEW/HSA

HEW/NIH - HEW/NIH

HEW/PHS HEW/PHS

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.*\ONAL4«,^ « p a p V Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal

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FEDERAL REGISTER, VOL. 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977

INFORMATION AND ASSISTANCE

Questions and requests for specific information may may be made by dialing 2 0 2 -5 2 3 -5 2 4 0 .

FEDERAL REGISTER, Daily Issue:Subscription orders (GPO)_______ 2 0 2 -7 8 3 -3 2 3 8Subscription problems (GPO)......... 202—275—3050“ Dial - a - Regulation” (recorded 2 0 2 -5 2 3 -5 0 2 2

summary of highlighted documents appearing in next day’sissue).

Scheduling of documents for 5 2 3 -5 2 2 0publication.

Copies of documents appearing in 5 2 3 -5 2 4 0the Federal Register.

Corrections........ ................................. 5 2 3 -5 2 8 6Public Inspection Desk...—............. 5 2 3 -5 2 1 5Finding Aids........................... 5 2 3 -5 2 2 7

Public Briefings: ‘‘How To Use the 5 2 3 -5 2 8 2Federal Register.’”

Code of Federal Regulations (CFR).. 5 2 3 -5 2 6 6Finding Aids................. ..................... 5 2 3 -5 2 2 7

be directed to the following numbers. General inquiries

PRESIDENTIAL PAPERS:Executive Orders and Proclama- 5 2 3 -5 2 3 3

tions.Weekly Compilation of Presidential 5 2 3 -5 2 3 5

Documents.Public Papers of the Presidents.... 5 2 3 -5 2 3 5Index ..... —................. ............. .......... 523—5235

PUBLIC LAWS:Public Law dates and numbers....... 5 2 3 -5 2 3 7Slip Laws....................................... 523—5237U.S. Statutes at Large.................. ^ 5 2 3 -5 2 3 7Index ............................ .....'................. 523—5237

U.S. Government Manual.................... 5 2 3 -5 2 3 0

Automation ........ 5 2 3 -5 2 4 0

Special Projects....................................... 5 2 3 -4 5 3 4

HIGHLIGHTS— Continued

RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONUSDA removes reporting requirements and makes miscellaneous amendments to its regulations; effective10-19-77 ............................................ ....................... 55821

NSF GRANTSNSF proposes standards for employee disclosure of affiliation with or financial interest in organizations which apply for support; comments by 11-18-77.......... 55853

PRIVACY ACTDOD/Secretary publishes additional routine use; comments by 11—18—77......:......... ........................................ . 55837

MEETINGS—Commerce/NOAA; Mid-Atlantic Fishery Management

Council, 10-9 and 10-10—77..................................... 55836DOD/AF: USAF Scientific Advisory Board ad hoc

Committee on Simulation Technology, 11—29and 11-30-77................ .. . ..........................r... 55837

USAF Scientific Advisory Board Information Processing Panel on Software Management,11—4—77 ............ .................................................. 55837

NSF; NSF Advisory Council, 11-3 and 11-4-77 .......... 55853

SEPARATE PARTS OF THIS ISSUEPart II, HUD/FI A................. ....................................... 55866

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977 til

contentsAGRICULTURAL MARKETING SERVICE Proposed RulesFilberts grown in Oreg, and

Wash ________________ ,____ 55821Lettuce grown in So. Tex________ 55821Walnuts grown in Calif________ 55821AGRICULTURE DEPARTMENTSee also Agricultural Marketing

Service.RulesRelocation Assistance and Real

Property Acquisition Act; elimination of annual report requirement, etc_________ _________ 55807

NoticesRural areas, lower-income fam

ilies, new housing; memorandum of understanding with Housing and Urban Development department; cross reference _____________ _____ __ 55831

AIR FORCE DEPARTMENTNotices Meetings:

Scientific Advisory Board (2 docum ents)__________ ___ 55837

ARMY DEPARTMENT RulesPersonnel review boards:

Discharge Review Board; procedural requirements_______ 55810

CHILD SUPPORT ENFORCEMENT OFFICE

RulesState plan requirements:

Incentive payments to States and political subdivisions; rate change______________ 55817

CIVIL AERONAUTICS BOARD Proposed RulesAccounts and reports for certifi

cated air carriers; uniform system:

Corporate disclosure regulations, model; inquiry; extension of time--------------------- 55823

Charters:Advance booking and one-stop

inclusive; liberalization ofru le s ___________________- 55823

NoticesHearings, etc.:'

California - Toronto / Montrealroute proceeding---------------- 55831

Cayman Airways, Ltd_________ 55832Continental Air Lines, Inc_____ 55832Northern Air Freight, Inc_____ 55834United Air Lines, Inc________ 55834

COMMERCE DEPARTMENT See Domestic and International

Business Administration; Economic Development Administra- ,tion; National Oceanic and Atmospheric Administration.

DEFENSE DEPARTMENTSee also Air Force Department;

Army Department, iv

NoticesPrivacy Act; systems of records._ 55837DOMESTIC AND INTERNATIONAL

BUSINESS ADMINISTRATIONRulesExport licensing,:

Applications, time limit for decisions _________________ _ 55807

Export licensing; enforcement and export privileges denied, etc., and Technical Advisory Committees, term of office extended; corrections_________ 55809

DRUG ENFORCEMENT ADMINISTRATIONNoticesSchedules of controlled sub

stances ; production quotas: DimethoxyamplTetamine, etc__ 55852

ECONOMIC DEVELOPMENT ADMINISTRATION

NoticesImport determination petitions:

Peerless Machinery Co_______ 55836ENERGY DEPARTMENTSee Energy Research and Devel

opment Administration; Federal Energy Regulatory Commission.

ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

NoticesUranium hexafluoride; charges,

enriching services, specifications, and packaging; correc-t io n ______________________ 55843

Uranium supply; correction_____ 55843ENVIRONMENTAL PROTECTION AGENCY Rules /Air quality implementation plans;

various States, etc.:Alabama _______i.--------------- 55810

Proposed RulesPesticide chemicals in or on

raw agricultural commodities; tolerances and exemptions, etc.:

Terbacil ___________________ 55829

ufacturer’s cut-off date; extension of time_________ _____ _ 55849

Domestic public radio services; applications accepted for filing_ 55847

Television translator applications ready and available for filing_ 55849

FEDERAL ENERGY REGULATORY COMMISSION

NoticesHearings, etc.:

Arkansas Oklahoma Gas Corp_ 55837Central Vermont Public Serv

ice Corp. (2 documents)___ 55838Colorado Interstate Gas Co___ 55839Columbia Gulf Transmission

C o ------------------ - ------------ 55839Consolidated Edison Co. of New

York, Inc___________ 55840Eastern Shore Natural Gas Co_ 55840Fitchburg Gras & Electric Light

Co. e t al--------------- 55841Florida Gas Transmission Co__ 55841 Holly Springs, City of, Gas Sys

tem et al-------------------------- 55838Kentucky Utilities Co________ 55841New England Power Co_______ 55841Tennessee Gas Pipeline Co____ 55841Texas Gas Transmission Corp_ 55842TransWestem Pipeline Co____ 55842Wisconsin Power & Light Co__ 55842

FEDERAL HOME LOAN BANK BOARD Proposed RulesFederal Savings and Loan System:

Satellite offices, applications to establish________ ______ _ 55822

FEDERAL INSURANCE ADMINISTRATION RulesFlood Insurance Program, Na

tional:Communities eligible for sale of

insurance (2 documents)___ 55866,55867

Special hazard areas________ 55868Proposed RulesFlood insurance program, Na

tional :Flood elevation determinations,

etc. ( 10 documents)________55828,55829, 55874-55877

FEDERAL MARITIME COMMISSIONNoticesPesticide chemicals; tolerances,

exemptions, etc. ; petitions :BASF Wyandotte Corp---------- 55843Du Pont de Nemours, E. I., &

C o ___ _________________ - 55847Fisons Corp__ _______ ______ 55843

Pesticide registration:Applications______------------- 55843

FEDERAL COMMUNICATIONS COMMISSION

RulesDomestic public radio services :

Application renewal past expiration date; CFR correction— 55818

Telephone network, connection of terminal equipment:

Message toll and wide area telephone service; interstate and foreign; classes; 'correction— 55819

NoticesCB equipment, certain types, man-

RulesPractice and procedure;

Employees, former; appearance and practice before Commission; correction_________ _ 55818

FEDERAL RESERVE SYSTEM NoticesApplications, etc.:

Andrews Bancshares, Inc_/----- 55851Griswold State Bancshares,

I n c _____________ •__ ____ 55851Illinois Neighborhood Develop

ment Corp. (2 documents) — 55851FISH AND WILDLIFE SERVICE RulesMigratory bird hunting, steel shot

for waterfowl hunting---------- 55820GENERAL ACCOUNTING OFFICE NoticesRegulatory reports review; pro

posals, approvals, etc. (NRC)— 55851FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977

CONTENTS

GENERAL SERVICES ADMINISTRATIONRulesproperty management:

Federal; payments to GSA for supplies and services furnished Government agencies _________ k— ---- :— 55811

Federal; utilization, donation, and disposal of abandoned and forfeited personal property ____________________- 55813

health , e d u c a tio n , a n d w elfare departm ent

See Child Support Enforcement Office.

HOUSING AND URBAN DEVELOPMENT DEPARTMENT

See also Federal Insurance Administration.

Proposed RulesLow-income housing:

Fair market rents and contract rent automatic annual adjustment factors, New Jersey and California market areas 55826

NoticesRural areas, lower-income fami

lies in; new housing; memorandum of understanding with Agriculture Department---------- 55852

INTERIOR DEPARTMENT See Fish and Wildlife Service. INTERSTATE COMMERCE COMMISSION RulesFreight forwarders:

Export traffic authorized to op- • erate to Atlantic or Gulf coast or Canada; extension oftim e____________________ 55819

Railroad car service orders; various companies:

Chicago, Rock Island & PacificRailroad Co______________ 55819

NoticesHearing assignments ~t2 docu

ments) ______________ 55858, 55859Motor carriers:

Temporary authority applications ________________ !__55859

JUSTICE DEPARTMENTSee Drug Enforcement Adminis

tration.NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATIONNoticesMeetings:

Mid Atlantic Fishery Management Council __________ _ 55836

NATIONAL SCIENCE FOUNDATION NoticesFinancial interest statements;

proposed standards.___ ______ 55853

Meetings:National Science Foundation

Advisory Council__________ 55853SECURITIES AND EXCHANGE

COMMISSIONNoticesSelf-regulatory organizations;

proposed rule changes:Midwest Clearing Corp. et al__ 55855Midwest Stock Exchange, In c .. 55856 New York Stock Exchange, Inc_ 55856Pacific Stock Exchange, Inc_ 55856Philadelphia Stock Echange__ 55857

Hearings, etc.:Greateastem Fund of Boston,

Inc ___________ :____ ____ 55854Griesedieck Co______!______— 55855

TEXTILE AGREEMENTSIMPLEMENTATION COMMITTEE

NoticesCotton textiles:x Romania __________________ 55836

TREASURY DEPARTMENTNoticesAntidumping:

Viscose rayon staple fiber fromA ustria_____ __________ 55857

Wire rod, carbon steel, not tempered, not treated, and not partly manufactured, from France _____________ 55858

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977 V

CUMULATIVE LIST OF PARTS AFFECTED DURING OCTOBER

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

l CFR 7 CFR— Continued 14 CFRCh. I ___________________ 53593, 53627305____________ __________*__ *542513 CFRP roclamations :4528 ______________ 1________ 535914529 _______________________ 538934530 ________________________'538954531 _______________________ 538974532 __________ '55443Executive Orders:10033 (Amended by EO 12013) __ 54931 10253 (Amended by EO 12013)— 54931 11541 (Amended by EO 12013)— 5493111961 (Amended by EO 12013)_ 5493111183 (Amended by EO 12012)___ 5424912011 ___________ 5389912012 ______________ :_______ 5424912013 _______ 54931Memorandums :September 20, 1977___ _______!_550814 CFR331__________________________ 54254P roposed Rules:

416_________________ —— 542965 CFR213_________________________ 53901,

53902, 54295, 54554, 55189, 55595, 55596

591________________________ 1-- 545547 CFR2___ ______ ____________-_____ 5508317_________________________ —- 5439721—___ x_______ T_____________ 5580726_____________ 5479353____ __________^____________ 53902301_________ 55189331___________________________55804354_________ 55596722________ 55597908____________________ 53593, 54793910___ 53593, 53921, 54555, 54794, 55190915_______________ 54556927____________ - 53594966________________ 54935, 55191980___________________________ 55192989__________________ 54794H33_____________ — _______ 535951435_____________ ____________ 545561446____ 545591802______________________ —— 554721822____________________ £4401, 551931861__________________— — 550901888___________ !________ 53966, 551941904________ 551951933_____ 544011980________________________ 551962851 _ 54562, 555982852 _______________ 54561, 551972853 _______________________ 53921P roposed R ules:

220______________________ 54831722_______________________ 54660728_____ ______ Ï._________ 55242792____ _______________ — 55243905______________________ 54949929_________________ 54950, 55094931______________________ 54566

P roposed R ules— Continued932___________________ 55095944_______ 54949971_______________________ 55821982___________ _____ 55245, 55821984______________________ 55821989_______________________ 54423999___—_________________ 549501049______________________ 548311425____________________-1- 545661427_______________ 546601464_____________________ 549511701___________ 556221487_____________________ 536282852_____________________ 54952

8 CFR316a___________________ _____ 55445P roposed R ules:

242________ 544239 CFR73_____________________ 5394797—____________________ 55598350 ________________________ 54829351 _____ 54829354__________________________ 54829362___________________________54829P roposed R ules:

1______________________. 539683__________________ 53968, 5522192________1______________ 54834114______________________ 53968317________________ 54437, 55221319—______________ 54437, 55226

10 CFR10 ________________ 54402Ch. II____________ 54255205__________________________ 54255211.______________ 54257, 54261, 54403212__________________________ 54257430_________ 54110, 54264, 55599, 55608440___________________________ 542681000__________________ 55534P roposed R ules:

210 ________________ —— 54423211 ___ ^_____ 54298, 54423, 54424212 ____________54301, 54423, 55246791______________________ 53630

11 CFR * /P roposed R ules

109___ 5562212 CFR226_____1 __________ _________ 53947265__________ , ____ ____ 53949, 55203303_______________ —_________ 54407545_________ -_______________ 55083P roposed R ules:

202________ 54834226________________ ____ — 53969338____________ 54566545_____________________— 55822

13 CFR107— — ____ 54271570_________ 55611

21___________________________ 5440839_____________________ 53590-53597,

54408, 54794-54796, 55445-5544771___ - 53598, 54409-54413, 54796, 5544773___ 53598, 5479775— —____ 54796, 5544897_____________________- 54414, 55448385_______ 53599, 54798P roposed Rules:

21------ 5517623_______£__________ 55427, 5547425— ___________________ 54427, 5547427------------------------------------ .5547429—•___________ 5547433------------------------------------ -5547436_____________ -5517639______________________ 53631,

54428, 54429, 55102, 55475, 5547671______________________ 53632,

54430, 54836, 55103, 55104, 55477- 55480

75_______ :____—_______ : 5443091_______ 53632, 54427, 55176, 55480121________— ____________ 54427135_________________ 54427234_,_____________________ 54303241—_____ 55226, 55823245 ________________ 55823246 ________ 55823371—________ 55823378a___________ - 55823399______— 54431, 55226

15 CFR17______ 54415370__________________________ 55807387______________ 54529, 55809388—________________________ 54529, 55809390_________________________ 54530, 558092002____________ 556112006______________ 5561116 CFR1009— ________________ 539501505________________ 54273P roposed Rules:

13_______________ 545731013______ 543041201_____________________ 537981205— ________ 545731302_____________________ 548361304 __— ______________ 539701305 _;_____________ ____ 539701500____________ 54308

17 CFR200__________________________ 54530210— ________ _________ _"1— 54935230__________________________ 54530240__________ — ____________ 54531P roposed R ules:

1__________________ 54837, 5553832_______________________ 55538166_________ 54837239____________ 54573240— ___ 53633, 53635, 54573, 55227249__________ _ 53633, 53635, 54573

18 CFR0____________ — ____________ 554502 _ ______ 53599141__________________;_______ 54935

VI FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY OCTOBER 19, 1977

FEDERAL REGISTER

19 CFR1— ----------------___________18____________22- --------------- ----------------------------

24-------------------101— -------------111----------- -----141—---------------148___________159-----------------Proposed R ules:

4_________6— ----------

20 CFR

54274, 54415, 54936 ______ 54274, 54936_____54275, 54937___________ 54283_____ 54275, 54937_____ 54275, 54937_________ _ 54283_____ 54282, 54944_____ 54282, 54944_____ ;_____ 54799

5580154310

25 CFRProposed Rules:

33 ________ _ 5522934 _________________ ______—_ 55231

26 CFR1__ ____53956, 54284, 54947, 55452, 55468301______ 55611P roposed R ules:

1______ ______________ 53637, 5395627 CFRP roposed R ules:

4___________ 54840181_____________________ - ___ 55233

416______- ________——— —— 54945 28 CFRProposed Rules: 16_______________ _______ _________ 54285

416_________ _____________ 54953 50__________________ ____ ____ 5547021 CFR 29 CFR5___73—81—146—155-177-184-201-

330-436-510-522-546-558-561...570-610-650-660-10051308.1316.

______ 54532_____ 54800_____ 54800______ 55204„ ___ 55204_____ 54532____ 55205_____ 53954_____ 54800_____ 54533_____ 54534_____ 5395454800, 54801_____ 54802_____ 53955._____ 55206______54534_____ 54546_____ 54534____ 55207_____ 54546______ 54945

5----------------------94— -----------------95 ___ ____96 ________98 ________99 _____ —655___ __________1601____________2550____________P roposed R ules:

1904__----------1952— 1990—______

30 CFR250_______ —.601— — — P roposed R ules:

50— — .58— ______80______—

Proposed R ules:16_______________— ____ - 5483720_______________-_____ — 54837101______________________ 55227133________________ 53970, 53979207__________ _:_________ _ 54574299______________________ 54837343______________________ 53980501— _1____________ — 55227607_______ 54574700_________________ 54837800________________ 54574807______ 54574860________________ 54837

22 CFRProposed Rules:

51___ 5483871____________ 54838

24 CFR

31 CFR214___ _______ __32 CFR114________ — -.143________581___ ________657_— —706___________819b________ —32A CFR1505__________33 CFR117_____: ____ -127—_________s;257______ —P roposed Rules:

208— ____280___________ 54382 __ r - n1914 _______________ 55866,55867 ao l' rn1915 _______ _______ _______ _______ 55868 67-------- ----------- -----------1920----------- -------------- - 53742-53752 P roposed R ules:Proposed Rules: 50-------------

200______________________ 55229 214-----1-----888------------ 55826 __1917_______________ 53753-53780, 37 OFR

54082-54107, 54360-54378,'55229, 201-----------------55706-55723, 55828, 55829 P roposed R ules:

1930—........ ............■____ 54432, 55105 201— -------

548025572655734557525576055774545475538854122

556235523454148

5395655208

555685556855568

54803

545475520955810556125494753958

55211

5547055471 54285

53637

54548

5523454310

.......... 53961

53980, 54840

38 CFR17____ 54804, 55211P roposed Rules:

21_____ 5495439 CFRl l l — _____ __________________ 5561740 CFR33___ ________ ;_______________ 5360052_____53961-53968, 54416, 55471, 5581060— ______ 55796133_________________________ 54664432__________ 54417P roposed Rules:

52_______________________ 53981, 5548160_______________ — 53782162______________________ 55235180—_______ _ 54842, 55482, 55829205— ____.___ ____________ 53647250—___ 54314710— ___________________ 53804

41 CFR3-4_________ — 545526-6____ 5561815-19___________________________ — 54552101-2_________ 55811101-43_______ 55813101-44_______________________ 55813101-45______________ 55813101-48______ 55813105-63_______________ 54830P roposed Rules:

60-4__________ — ________ 5398242 CFR121— ____________ 5457743 CFR31______ — 548063300______ — 53963P roposed R ules:

4_______..... .........____............. 54434426_._____________ 5562526__________________ 54314

45 CFR302.___ —________ 55817614___ 55619100a____L______ 53828100b_____________________________— 53828100c—___ 53828104 _ - 53822105 ______________________ 53824250_____ _____________________ 544201061____ _____________________ 551871068— ______________________ 536001224— -—_____ 54286P roposed R ules:

175______________________ 53982179— —— _________—-___ 54926

46 CFR502 54291, 55818531—___ 54810543— ______________________ 55087

47 CFR0_____________ 5482217____ 5482321 5581868___________________________ 55819

FEDERAL REGISTER. VOL. 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977 vii

FEDERAL REGISTER

47 CFR— Continued73________________ 54420,54826, 5551987---------------------------------54421, 5455291----------------------------------------- 54827P roposed R ules :

2________________________ 5457713— --------------------1______ 5457867____ 5364773_ 54435, 54578, 54843, 55105-5510983________ ________ -_____ 54436

49 CFR268_________________ 55212386__________________________ 53764391__________________________ 53764

49 CFR— Continued1033------------------------------------- 53601,

54291-54294, 54828, 55212-55214, 55819

1080------------------------------54552, 558191091-------------------------- 536011102_------------------------------------- 550871310-------------------------------------- 545531102_______ _________________ 536021207________ 536221249----------------------------------- „ 536221252-------------------------- 55620P roposed R ules:

395___1003 _____1004 _____1008_______

55109539825484354579

49 CFR— Continued P roposed R ules—Continued

1062------ 54437, 54845, 55239-552411080----------------- ---------____ 536481127-------------- 1— -------------- 549201130---------------------------------539821134------------------------_------ 53982

50 CFR20------------------------ 53627, 54554, 5582032 ---- 54422

54828, 54829, 55087, 55214-5521633 ------------------------------- 53966, 55219216---------------------------------------- 54294P roposed R ules:

32------------- 54581

FEDERAL REGISTER PAGES AND DATES— OCTOBERPages - Date Pages53591-53891___________ _____ Oct. 3 54931-5508053893-54247_________________ 4 55081-55187.54249-54395_________________ 5 55189-55442.54397-54527_________________ 6 55443-55593.54529-54792______ 7 55595-55805.54793-54930____ 11 55807-55878

Date1213141718 19

list of cfr ports affected ¡n this issueThe 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, Hollows beginning with the second issue of the month.A Cumulative List of CFR Sections Affected is published separately a t the end of each month. The guide lists the parts and sections affected

by documents published since the revision date of each title.

7 CFR 15 CFR21— _ ____ ____ ____ - 55807 3 7 0 - ___ _____ __ _________ 55807

387___ ______________________ 55809P roposed R ules: 388___ ________ ________ _ 55809971 _____________ _____ —55821 390 — ________ __ _ _____ 55809982_______________ _______55821 24 CFR984 ________ ___ 55821 1914 (2 documents) ___ —. 55866-55867

12 CFR 1915________ ____ — _______ 55868P roposed R ules: P roposed R ules:

888 55826545 __________ _______ 55822 1917 (10 documents) ___ 55828,14 CFR 55829, 55874-55877

32 CFRP roposed R ules:581______________ ___ _____ — 55810241_______________ _______ 55823

245__________ ____ _______ 55823 40 CFR246_______________ _______ 55823 52________ ____ ___________ 55810371_______________ _______ 55823 P roposed Rules:378a................ ............._______ 55823 180__________ ___________ 55829

41 CFR101-2__101-43— 101-44-. 101-45-. 101-48-45 CFR302_—.46 CFR 502— 1.47 CFR21___68— ______

49 CFR1033— 1080___50 CFR20___

5581155813558135581355813

55817

•55818

5581855819

5581955819

55820

viii FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977

reminders(The items in this list were editorially compiled as an aid to Federal Register users. Inclusion or exclusion from this list has no legal

significance. Since this list is Intended as a reminder, it does not include effective dates that occur within 14 days of publication.)

Rules Going Into Effect Today

DOT/CG— Lake Washington Ship Canal, Wash.; drawbridge operation regulations.......................... 46925; 9 -19-77

MTB— Shippers; specification for pressure tank cars..-.-. 46306; 9—15—77

IPA—Arizona; air pollution control regulations.................— — 46926; 9 -19-77

Next Week’s Deadlines for Comments On Proposed Rules

AGRICULTURE DEPARTMENTAgricultural Marketing Service—

Egg research and promotion; collecting handlers and collection and procedures for obtaining funds; comments by 10—26—77.. 48889;

9 -26 -77Type 62 shade-grown cigar leaf; com

ments by 10—25—77........ 47848;9-22-77

Animal and Plant Health Inspection Service—

Tetanus Antitoxin, use of shorter expiration dating; comments by 10- 27-77.............. .. 49462; 9 -27-77

Food and Nutrition Service—Nutritional requirements; comments

by 10-25-77...... 45328; 9 -9-77;49458; 9 -27-77

Rural Electrification Administration— Electric program; general funds; com

ments by 10—24—77.......... 49459;9 -27 -77

CIVIL AERONAUTICS BOARDAir freight forwarders; use by coopera

tive shippers associations and other air freight forwarders; comments by10-24-77.............. 45691; 9 -12-77

COMMERCE DEPARTMENTNational Oceanic and Atmospheric

Administratipn—Coastal Zone Management Programs;

Federal consistency; comments by10-28-77.......... 43586; 8 -29-77

Coastal Zone Management Program; program approval regulations; comments by 10-28—77.. 43552;

8 - 29-77ENDANGERED SPECIES SCIENTIFIC

AUTHORITYPolicy on import of Appendix I speci

mens; comments by 10-24—77.42297; 8 -22-77

ENVIRONMENTAL PROTECTION AGENCY

Air quality implementation plans: . Southeastern Massachusetts Air Pol

lution Control District; change in sulfur content of fuel burned by three large fuel burning sources; comments by 10-26-77 . _ 48895;

9 - 26-77Motor vehicles, fuel economy labeling

procedures; comments by 10-25-77.37812; 7 -25-77

Noise labeling regulatory program; standards and provisions; comments by 10-28-77........ 31722; 6-22-77;

41139; 8 -15-77Pesticides in or on raw agricultural com

modities; tolerance for simazine; comments by 10—27—77----- 49485;

9 - 27-77Pesticide programs; optional procedures

for classification of pesticide uses by regulation; comments by 10—24—77.

49484; 9 -27-77 [First published at 42 FR 44174;

9 - 1-77]Water quality; navigable waters of State

of Nebraska; comments by 10 -25 -77.................... ....... 45339; 9 -9 -77


FM broadcast stations; table of assignments:

Columbia, La.; reply comments by10- 25-77 ...... 42700; 8 -24-77

Louisa, Va.; reply comments by 10—25-77........... .. 42700; 8 -24-77

Whitehall, Wis.; changes in table of assignments; reply comments by10-27-77___ ..... 43992; 9 -1 -77

FEDERAL ENERGY ADMINISTRATIONComputation of landed costs; timing;

comments by 10-25—77....... 54301;10- 5-77

Home heating equipment (excluding furnaces); energy efficiency targets; extension of comments to 10—25—77.

42361; 8 -23-77 [First published at 42 FR 36648,

July 15, 1977]Vented home heating equipment; test

procedures; comments by 10-25—77.43930; 8 -31-77

FEDERAL TRADE COMMISSIONGold Bullion International, Ltd., et at.;

consent agreement; comments by 10-27-77........ 49463; 9 -27-77

Providers Benefit Co. et al.; consentagreement with analysis to aid public comments; comments t»y10-28-77...:..........43864; 8 -31-77

GENERAL SERVICES ADMINISTRATIONBuildings for physically handicapped,

standards for design, construction, lease and alteration; comments by10-27-77................. 49485; 9 -27-77

HEALTH, EDUCATION, AND WELFARE DEPARTMENT

Assistant Secretary for Education— Information and data acquisition ac

tivities; comments by 10-27-77.49516; 9 -27-77

Education Office—Criteria governing awards for plan-'

ning, establishing, expanding or carrying out programs; comments by 10-25-77____ 45340; 9 -9 -77

Food and Drug Administration—Food additives, broadening of melt

ing point specification for dimyr- istyl thiodipropionate; comments by 10-27-77...... 49452; 9 -27-77

Food additives, use of modified industrial starch; comments by 10—27-77........ ......... 49453; 9 -27 -77

Leavening agents, yeast nutrients, and dough conditioners; food labeling; comments by 10—25—77.

43095; 8 -26-77 Mustard; affirmation of GRAS status;

comments by 10-25—77.. 43092;8 - 26-77

INTERIOR DEPARTMENT Geological Survey—

Geothermal resources operations on public, acquired, and withdrawn lands; simplification of procedures; comments by 10—27—77.... 49482;

9 - 27-77Oil and gas operating regulations gov

erning exploration, development, and production operations in Outer Continental Shelf, revision; comments by 10-27-77.......... 49478;

9 -27 -77Outer Continental Shelf Oil and Gas

Information Program; policies and procedures; comments by 10-26—77.......................... 48893; 9 -26 -77

Indians Affairs Bureau—Maintenance and control of student

records in Bureau schools; administrative regulations and procedures; comments by 10—26—77.

48890; 9 -26-77 Land Management Bureau—

Outer Continental Shelf Leasing Oil and Gas Information Program; procedures; comments by 10—26—77.

48898; 9 -26-77INTERSTATE COMMERCE COMMISSION

Contracts, forwarders— Motor common carriers; comments by 10—25—77.

47853; 9-22-77JUSTICE DEPARTMENT

Immigration and Naturalization Service—

Voluntary departure prior to commencement of hearing; comments by 10-27-77. .. 49459; 9-27-77;

54423; 10-6-77LABOR DEPARTMENT

Occupational Safety and Health Administration—

Evaluation criteria for Federal occupational safety and health programs; comments by 10-25-77.

43143; 8 -26-77 Federal agency occupational safety

and health programs; evaluation criteria; comments by 10—25—77.

43100; 8-26-77POSTAL SERVICE

Preparation for mailing— packaging; comments by 10—26—77___ 48349;

9 -23-77TRANSPORTATION DEPARTMENT

Coast Guard—Prince William Sound, Alaska; anchor

age regulations; comments by 10- 27-77................. 45693; 9 -12 -77

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977 IX

REMINDERS— Continued

Federal Aviation Administration—Air ambulance service; comments by

10-25-77........ .. 37825; 7 -25-77Federal Highway Administration— Construction zones on Federal aid

projects; safety of motorists, pedestrians, and construction workers; comments by 10-25-77.

42877; 8 -25 -77 Resurfacing, restoration, and reha

bilitation projects; geometric design standards; comments by 10-25-77................. 42876; 8 -25-77

TREASURY DEPARTMENT Internal Revenue Service—

Employee Retirement Income Security Act of 1974; temporary regulations; comments by 10—28—77. 39382; 8 -4 -77; 41856; 8 -19-77

Next Week’s Meetings

AGRICULTURE DEPARTMENT Agricultural Marketing Service—

Shippers Advisory Committee; Lakeland, Fla. (open), 10-25—77.

47240; 9 -20 -77Forest Service—

Deschutes National Forest Advisory Committee, Bend, Oreg. (open),10-27-77........ 54847; 10-11-77

ARTS AND HUMANITIES NATIONAL FOUNDATION

Research Grants Panel, Washington, D.C. (closed), 10-27 and" 10-28-77.

54880; 10-11-77 CIVIL RIGHTS COMMISSION

State Advisory Committees:Maine, Augusta, Me. (open), 10 -27 -

77.......................................... 54456; 10-6-77Maryland, Baltimore, Md. (open), 10—

29-77................. 47243; 9 -20 -77New Mexico, Farmington, N. Mex.,

10-26-77............................... 47580; 9 -21 -77Pennsylvania, Philadelphia, Pa.

(open), 10-25-77............ 53650;10-3-77

Wyoming, Casper, Wyo. (open), 10-29-77................ 54456; 10-6-77

CIVIL SERVICE COMMISSIONFederal Prevailing Rate Advisory Com

mittee, Washington, D.C. (closed),10-27-77 ....................................48362; 9 -23 -77

COMMERCE DEPARTMENT Census Bureau—

Census Advisory Commitee of the American Marketing Association, Suitland, Md. (open), 10-28-77.

51635; 9 -29 -77 Domestic and International Business

Administration—Telecommunications Equipment Tech

nical Advisory Committee; Washington, D.C. (partially open); 10-25-77................ 53987; 10-4-77

National Oceanic and Atmospheric Administration—

North Pacific Fishery Management Council and its Scientific and Statistical Committee and Advisory Panel; Anchorage, Alaska (partially open), 10-26 thru 10-28-77.

44828; 9 -7 -7 7

DEFENSE DEPARTMENT Air Force Department—

Academy Board of Visitors, Colorado Springs, Colo, (open), 10-28 and10-29-77........ 54855; 10-11-77

USAF Scientific Advisory Board, Langley AFB, Va. (closed), 10-26 and 10-27-77.... 47862; 9 -22 -77

Office of the Secretary—Defense Science Board, Arlington,

Va. (closed), 10-26 and 10 -27 -77........................ 47581; 9 -21-77

Wage Committee, Washington, D.C. (closed), 10-25-77.......... 40474;

8 -10-77ENVIRONMENTAL PROTECTION

AGENCYDevelopment of regulations for trans

portation of hazardous waste, Des Plains, III. (open), 10-26-77.

51625, 9-29-77; 54314, 10-5-77 Federal Insecticide and Rodenticide Act

Scientific Advisory Panel; Washington, D.C. (open), 10-25 thru 10-26—77.............................. 53990; 10-4-77

Fully halogenated halocarbons, Washington, D.C. (open), 10-25-77.

47863; 9 -22 -77 Science Advisory Board, Environmental

Measurements Advisory Committee; Arlington, Va. (open), 10-24-77.

53990; 10-4-77 Science Advisory Board Executive Com

mittee; Washington. D.C. (open), 10— 25 thru 10-26-77.. 54331; 10-5-77


Radio Technical Commission for Marine Services; SC-72 “Numerical Identification of Stations in Mari-

"~\ time Telecommunications Systems''; Washington, D.C. (open), 10-28-77.

54332; 10-5-77GENERAL SERVICES ADMINISTRATION

Federal Register Office—Legal Drafting Workshops, Washing

ton, D.C. 10—25—77; reservationsrequired................. 39680; 8 -5 -7 7

HEALTH, EDUCATION, AND WELFARE DEPARTMENT

Alcohol, Drug Abuse and Mental Health Administration—

Alcohol Research Review Committee, Bethesda, Md. (open and closed), 10-26 thru 10-28-77...... 44268;

9 -2 -7 7Board of Scientific Counselors, NIMH,

Bethesda, Md. (open and closed),10-27 and 10-28-77...... 44268;

9 -2 -77Clinical Projects Research Review

Committee, Arlington, Va. (partially open), 10-27 thru 10-29—77.

44268; 9 -2 -77 Drug Abuse Research Review Com

mittee, Rockville, Md. (partially open), 10—25 throygh 10-28—77.

45376; 9 -9 -7 7 Preclinical Psychopharmacology Re

search Review Committee, Washington, D.C. (partially open), 10- 27 thru 10-28-77............ 44268;

9 -2 -7 7

Food and Drug Administration— Device Good Manufacturing Practice

Advisory Committee; Washington, D.C. (open), 10-27 thru 10-28-77................ 45955; 9-13-77

Topical Analgesics Review Panel, Rockville, Md. (partially open), 10-25 thru 10-27-77....../.„... 40954-

8-12-77;44599;9 -6 -77 Health Resources Administration—

Advisory Committees, Washington, D.C. (open), 9-23 and 9-24-77^

46611; 9-16-77 Health Services Developmental Grants

Study Section; Washington, D.C. (partially open), 10-27 thru 10-28-77................. 54012; 10-4-77

Health Services Administration—■ Maternal and Child Health Research

Grants Review Committee, Rockville, Md. (partially open), 10-26 thru 10-28-77.... 48394; 9-23-77

National Institutes, of Health—Bacteriology and Mycology Study Sec

tion, Bethesda, Md. (partially open), 10-27 through 10-29-77.

45383; 9-9-77 Biochemistry Study Section, Wash

ington, D.C. (partially open), 10-26 through 10-29-77...... 45383;

9-9-77Biophysics and biophysical chem

istry, Bethesda, Md. (partially open), 10-27 through 10-29-77

45383; 9-9-77 Board of Scientific Counselors, Be

thesda, Md. (open), 10-28 and10-29-77............. 45379; 9-9-77

Board of Scientific Counselors, Hamilton, Mont, (open), 10-24 through10-26-77......... 45379; 9-9-77

Board of Scientific Counselors NlDR, Bethesda, Md. (partially open),10-29-77............ 40953; 8-12-77

Cancer Immunobiology Committee, Bethesda, Md. .(partially open),10-27-77...............45381; 9-9-77

Cancer Special Program Advisory Committee, Bethesda, Md. (partially open), 10-27 and 10-28-77.

54880; 10-11-77 Cell Biology Study Section, Washing

ton, D.C. (partially open), 10-26 through 10-29-77............ 45383;

9-9-77Clinical Applications and Prevention

Advisory Committee, Bethesda, Md. (open), 10-26-77....- 45380;

9-9-77Communicative Sciences Study Sec


45383; 9-9-77 Epidemiology and Disease Control,

Washington, D.C. (partially open), 10-26 through 10-28-77.

45383; 9-9-77 Experimental Therapeutics Study Sec


45383; 9-9-77

x FEDERAL REGISTER. VOL 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977


Hematology Study Section, Bethesda, Md. (open and closed), 10—20 through 10—29—77......... 45383;

9 -9 -77Molecular Cytology Study Section,

Bethesda, Md. (partially open), 10-27 through 10-29—77.

45383; 9 -9-77; 52493; 9 -30-77 Neurology B Study Section, Wash

ington, D.C. (partially open), 10-26 thru 10-29-77.......... . 52494;

9-30-77Neurology B Study Section, Washing

ton, D.C. (partially open), 10—27 through 10-29-77............. 45383;

9 -9 -77Pathological Chemistry, Bethesda,

Md. (partially open), 10-26 thru10-29-77........ .. 45383; 9 -9 -77

Pathology A, Silver Spring, Md. (partially open), 10-25 thru 10 -28 -

1 7 ..... ..................... 45383;'9 -9 -77Pathology B. Chevy Chase, Md. (par

tially open), 10-25 thru 10 -27 -77............ r ........ . 45383; 9 -9 -77

Population Research Committee, Bethesda, Md. (partially open), 10—27 and 10-28-77............. 52495;

9 -30-77Radiation, Arlington, Va. (partially

open), 10-25 thru 10—27—77.45383; 9 -9 -77

Surgery Anesthesiology and Trauma, Arlington, Va. (partially open), 10- 27 and 10-28-77.............. 45383;

9 -9 -77Surgery and Bioengineering, Arling

ton, Va. (partially open), 10-27 and 10-28-77..... 45383; 9 -9 -77

Toxicology, Bethesda, Md. (partially open), 10-27 th-u 10-29-77.

45383; 9 -9 -77 Tropical Medicine and Parasitology,

Chevy Chase, Md. (partially open), 10-27 thru 10-29-77...... 45383;

9—9—77Virology, Bethesda, Md. (partially

open), 10—27 thru 10—29—77.45383; 9 -9 -77; 52494; 9 -30-77

INTERIOR DEPARTMENT Bonneville Power Administration—

Draft Environmental Statement, Pasco, Wash, (open), 10-25—77.

45405; 9 -9 -77 Role of BPA in the Pacific Northwest

Power Supply System, Kalispell, Mont, (open), 10-25-77 ... 51671;

9 -29 -77Role of BPA in the Pacific Northwest

Power Supply System, Missoula, Mont, (open), 10-26-77. .. 51671;

9 -29-77Geological Survey—

Geographic Names Board, Domestic Names Committee, Washington, D.C. (open with restrictions), 10-25-77................. 42928; 8 -25-77

JUSTICE DEPARTMENT Federal Bureau of Investigation—

National Crime Information Center Advisory Policy Board, San Antonio, Texas (open), 10-26 and 10-27-77.......... 48944; 9 -26 -77

LABOR DEPARTMENTBureau of Labor Statistics—

Committee on Manpower and Em-ployment, Washington, D.C. (open), 10-26—77............ 54267;

10-7-77Committee on Prices and Living Con

ditions, Washington, D.C. (open)*10-25-77.......... ... 54627; 10-7-77

Committee on Wages and IndustrialRelations, Washington, D.C. (open) 10-26-77.............. 54267;

10-7-77NATIONAL SCIENCE FOUNDATION

Advisory Committee for Chemistry, Washington, D.C. (partially opehed), 10-27 and 10-28-77.......... 54630;

10-7-77Advisory Committee for Environmental

Biology, Subcommittee on Ecological Sciences, Washington, D.C. (closed), 10-26 and 10-27-77............ 54473;

10-6-77Advisory Committee for Physics, Sub

committee to Review the Theoretical Physics Program, Washington, D.C. (closed), 10-26 and 10-27-77.

54632; 10-7-77 Advisory Committee for Physiology,

Cellular & Molecular Biology, Subcommittee on Regulatory Biology, Washington, D.C. (closed), 10—24thru 10-26-77........ 54474; 10-6-77

Advisory Committee for Research Applications Policy, Washington, D.C. (partially opened), 10—26 and 10—28-77. ................... 54631; 10-7 -77

Advisory Committee for Social Sciences, Subcommittee on Geography and Regional Science, Washington, D.C. (partially opened), 10—27and 10-28-77...... 54631; 10-7-77

Advisory Committee for Social Sciences, Subcommittee for History and Philosophy of Science, Washington, D.C. (closed), 10—27—77.

54631; 10-7-77 Project Directors’ meeting, Washington,

D.C. 10-27 thru 10-29-77.54890; 10-11-77

Public Understanding of Science Advisory Panel, Washington, D.C. (partially open), 10-27-77........ 54890;

10-11-77Subcommittee for the Mathematical

Sciences of the Advisory Committee for Mathematical and Computer Sciences, Washington, D.C. (partially open), 10-27 and 10-28-77.

54891; 10-11-77 Subcommittee on Sensory Physiology

and Perception of the Advisory Com-, mittee for Behavioral and Neural Sciences, Washington, D.C. (closed), 10-27 and 10-28-77____ ... 54891;

10-11-77NUCLEAR REGULATORY COMMISSION

Reactor Safeguards Advisory Committee, Fluid/Hydraulic Dynamic Effects, Portland, Ore. (partially open), 10-26-77..................... 42268; 8 -22-77

54894; 10-11-77

Reactor Safeguards Advisory Committee, Pebble Springs Nuclear Plant, Units 1 and 2, Portland, Oreg. (partially open), 10-27—77........ 42267;

8 -22 -77Reactor Safeguards Advisory Commit

tee, Portland, Oreg., 10—26 and10-27-77............ 54895; 10-11-77

Reactor Safeguards Advisory Committee, Subcommittee on Reactor Safety Research, Working Group No. 4, Washington, D.C. (open), 10-25-77.

54474; 10-6-77 Reactor Safeguards Advisory Commit

tee, Working Group on Fire Protection, Albuquerque, N. Mex. (open),10-26-77............ 54892; 10-11-77

Reactor Safeguards Advisory Committee, Yellow Creek Nuclear Power Plant, Corinth, Miss, (partially open),10-28-77............... 42267; 8 -22 -77

SCIENCE AND TECHNOLOGY POLICY OFFICE

Earthquake Hazards Reduction Advisory Group, Washington, D.C. (open), 11-26-77.. 54880; 10-11-77

STATE DEPARTMENT Office of the Secretary—

Shipping Coordinating Committee, Safety of Life at Sea Subcommittee, Working Group on Design and Equipment, Ad-hoc Working Group on Nuclear Ships, Washington, D.C. (open), 10-26 and 10-27-77.

54481; 10-6-77 Shipping Coordinating Committee;

Washington, D.C. (open), 10-27 and 10-28-77.... 49539; 9 -27-77

TRANSPORTATION DEPARTMENT Coast Guard—

Ship Structure Committee, New York, N.Y. (open) (2 documents), 10-27, 10-28-77...... 54899;

10-11-77Federal Aviation Administration—

Air Traffic Procedures Advisory Committee, Washington, D.C. (open), 10-26 thru 10-28-77........ 54486;

10-6-77Radio Technical Commission for

Aeronautics (RTCA), Washington, D.C. (open), 10-28-77. .. 54487;

10-6-77VETERANS ADMINISTRATION

Administrator's Education and Rehabilitation Advisory Committee, Washington, D.C. (open), 10—27 and 10- 28-77................... 54901; 10-11-77

Next Week’s Public Hearings

AGRICULTURE DEPARTMENT Food and Nutrition Service—

Child Nutrition Programs, Chicago,III., New York, N.Y., Denver, Colo, and Boston, Mass., 10-25 thru10-28-77........ 48360; 9 -23-77

CIVIL AERONAUTICS BOARDWest Coast-Alaska investigation; Wash

ington, D.C., 10-26-77.......... 47579;9 -21 -77

FEDERAL REGISTER, VOL. 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977 XI


ENVIRONMENTAL PROTECTION AGENCY

Buses; noise emission standards for transportation equipment, Washington, D.C., 10-25-77............... 45776;

9 -12 -77FEDERAL ENERGY ADMINISTRATION

Computation of landed costs; timing; Washington, D.C., 10-27—77.

54301; 10-5-77INTERNATIONAL TRADE COMMISSION

Saccharin from Japan and the Republic of Korea, Washington, D.C., 10- 26-77..................... 49849; 9 -28-77

List of Public Laws

This is a continuing listing of public bills that have become law, the text of which is not published in the F ederal Register. Copies of the laws in Individual pamphlet form (referred to as “slip laws”) may be obtained from the U.S. Government Printing Office.

H.R. 5645.......................... Pub. L 95-132“Civil Rights Commission Authorization Act of 1977”. (Oct. 13, 1977; 91 Stat. 1157). Price: $.50.

H.R. 6530................. ........ Pub. L. 95-131To amend the District of Columbia Self-Government and Governmental Reorganization Act with respect to the borrowing authority of the District of Columbia, and for other purposes.(Oct. 13, 1-977; 91 Stat. 1155). Price: $.50.

H.J. Res. 626............... Pub. L. 95-130Making continuing appropriations for the fiscal year 1978, and for other purposes. (Oct 13, 1977; 91 Stat.1153). Price: $.50. '

S. 1331......... ...... ...... t..... Pub. L, 95-129To provide for the establishment of a Center for the Book in the Library ofCongress, and for other purposes.(Oct. 13, 1977; 91 Stat. 1151). Price: $.50.

H.R. 6550....................... . Pub. L. 95-134To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes. (Oct. 15, 1977; 91 Stat. 1159). Price: $.60.

S. 667............................... Pub. L. 95-133To declare certain federally owned land held in trust by the United States for the Te-Moak Bands of Western Shoshone Indians. (Oct. 15, 1977; 91 Stat. 1158). Price: $.50.

S.J. Res. 89.................. . Pub. L. 95-135To amend an Act entitled “To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes” (enrolled bill H.R. 6550, Ninety-fifth Congress, first session). (Oct. 15, 1977; 91 Stat. 1166). Price: $.50.

xii FEDERAL REGISTER. VOL 42, NO, 202—WEDNESDAY, OCTOBER 19, 1977

55807

rules 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 are listed in the first FEDERAL

REGISTER issue of each month.

[3 4 1 0 -9 8 ]Title 7— Agriculture

SUBTITLE A— OFFICE OF THE SECRETARY OF AGRICULTURE

PART 21— u n if o r m relo catio n assistance AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970

Miscellaneous Amendments AGENCY: Department of Agriculture. ACTION: Pinal rule.SUMMARY: This amendment revises the Department’s regulations to delete the requirement for and references to the annual report, to correct typographical and clerical errors, to add a condition to the definition under, dwelling, substitute a paragraph for clarity under Actual direct losses, business or farm operations, and insert a portion of a paragraph erroneously deleted in a prior revision.' This determination is based on the General Service Administration discontinuing the reporting requirements and the Department’s decision not to require an annual report. The additional changes are for clarity and are clerical in nature.EFFECTIVE DATE: October 19, 1977.FOR HJRTHER INFORMATION CONTACT: ’ . ;£ **>■

Mrs. LaDelle H. Ray, Facilities Management Staff, Office of Operations, Department of Agriculture, Washington, D.C. 20250, 202-447-5225.

SUPPLEMENTARY INFORMATION: It has been determined that this amendment does not affect public interests and therefore the proposed rulemaking procedures are unnecessary.

Signed at Washington, D.C., this 14th day of October, 1977.

J . F red K in g ,Acting Assistant Secretary

for Administration.7 CFR Part 21 is amended as follows:1. In the table of sections, Subpart K—

Report, the entry for § 21.1101, is amended as follows:

Subpart K— Report§21.1101 Annual report. [Reserved],§ 21.108 [Amended]

2. The last sentence of § 21.108 which reads “These determinations shall be included in the annual report required by § 21.1101” is deleted.§ 21.109 [Amended]

3. Section 21.109, paragraph (b) is corrected to change the misspelling of

the word “Deveolpment” to “Development”.§ 21.209 [Amended!

4. Section 21.209 is amended to add the following to the first sentence:* * * or is not a decent, safe, and sanitary dwelling.

5. Section 21.304, paragraph (c) is amended to add the following as the first sentence:§ 21.394 Fixed payment.

* * * * *•(c) A person who is displaced from his

farm operation, whether he discontinues or reestablishes such operation, may elect to receive, in lieu of reimbursement for actual expenses specified in § 21.303, a fixed relocation payment equal to the average annual net earnings of the farm operation as determined in accordance with § 21.308. * * *

* * * * *6. Delete language in § 21.306 and sub

stitute the following:§ 21.306 Actual direct losses— busi

nesses or farm operations.If the displaced person does not move

personal property, he shall be required to make a bona fide effort to sell it, and shall be reimbursed for the reasonable costs incurred.

(a) When the business or farm operation is discontinued, the displaced person is entitled to the difference between the fair market value of the personal property for continued use at its location prior to displacement and the sale proceeds, or the estimated costs of moving 50 miles, whichever is less.

(b) When the personal property is abandoned, the displaced person iS' entitled to payment for the fair market value of the property for continued use at its location prior to displacement or the estimated cost of moving 50 miles, whichever is less.

(c) The cost of removal of the personal property shall not be considered as an offsetting charge against other payments to the displaced person.

* * * * *7. Section 21.403, paragraph (b) is cor

rected to read as follows:§21.403 Other.

* * * * *(b) Payment for replacement housing

will not affect the eligibility of the displaced person to receive a payment for business earnings attributable to rental units or other legitimate business activ

ities conducted in portions of the buildings.

* * * * ♦§ 21.901 [Amended]

8. Section 21.901, paragraph (a) (3) is deleted.§ 21.910 [Amended]

9. Section 21.910, paragraph (c), is corrected to change the misspelling of the word “similiar” to “similar”.§ 21.1005 [Amended]

10. Section 21.1005, paragraph (b), is corrected to change the word “therefore” to “therefor”.§ 21.1101 Annual report [Reserved]

11. The reporting requirement under § 21.1101 is deleted. The text is deleted and the heading amended as above.

[FR Doc.77-30565 Filed 10-18-77;8:45 am]

[ 3 5 1 0 - 2 5 ]Title 15— Commerce and Foreign Trade

CHAPTER III— DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION, DEPARTMENT OF COMMERCE

PART 370— EXPORT LICENSING GENERAL POLICY AND RELATED INFORMATION

Time Limit for Export Licensing Decisions Applicants’ Requests for Review of Portions of Interagency Export License Documentation

AGENCY: Office of Export Administration, U.S. Department of Commerce.ACTION: Final rule.SUMMARY : This rule establishes a time limit for decisions on export license applications, after which time such applications are deemed approved; sets out conditions under which the time limit may be extended; and grants applicants the opportunity to review the description of the proposed export in documents submitted for interagency review.EFFECTIVE DATE: October 26, 1977.FOR FURTHER INFORMATION CONTACT:

Mr. Charles C. Swanson, Director, Operations Division, Office of Export Administration, U.S. Department of Commerce, Washington, D.C. 20230, Tel. 202-377-4811.

SUPPLEMENTARY INFORMATION: Section 107 of the,Export Administration Amendments of 1977 (Pub. L. 95-52), effective June 22, 1977, amended section 4(g) of the Export Administration Act of 1969, as amended (the “Act”) . Section

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY; OCTOBER 19, 1977

55808

4(g)(1) retains the 90-day time limit, contained in section 4(g) prior to its amendment, within which export license applications must be approved or disapproved. However, the amendment adds the provision that if an application is not approved or disapproved within the specified time period, the application “shall be deemed to be approved and the license shall be issued unless the Secretary of Commerce or other official exercising authority under this Act finds that additional time is required and notifies the applicant in writing of the specific circumstances requiring such additional time and the estimated date when the decision will be made.”

Furthermore, with respect to applications on which a licensing decision is not made within the prescribed 90 days, new section 4(g) (2) (AJ, requires that the applicant (to the maximum extent consistent with national security) be informed of, and be given an opportunity to respond to, any “questions raised and negative considerations or recommendations made by any agency or department of the Government with respect to such license application.” Any response from the applicant must be taken fully into account in any final decision on the application.

Section 4(g) (3) now requires that, in the event of the denial of any application, the applicant must be informed in writing of the specific statutory basis for the denial.

Section 4(g) (2) (B) has added a new requirement regarding documentation to be submitted to any interagency review process in connection with the referral of an export license application to such interagency review. This provision requires that, at the applicant’s request, the applicant be given an opportunity to review the description of the proposed export in any documentation to be submitted for interagency review.

These regulations implement section 4(g) of the Act. I t should be noted that while the statutory provision refers only to “export license applications”, in order to maintain consistency with the overall Export Administration Regulations (15 CFR Part 368 et seq.), these regulations apply to export license applications, as well as requests for reexport authorizations. It should also be noted that the regulations apply only to those export license applications and requests for reexport authorization received by the Office of Export Administration (OEA) on or after June 22, 1977, the effective date of the amendments to section 4(g) of the Act. OEA has already adopted in practice the procedures provided for in these regulations.

For the purpose of calculating the 90- day time limit, the date of receipt of an export license application or reexport request means the date on which a complete application or request is received by OEA. Incomplete applications or re-

RULES AND REGULATIONS

export requests will be returned to the applicant without action, and the applicant will be advised of the additional information or documents necessary to complete the application or request.

With regard to the provision that applications are deemed to be approved if no licensing decision is made within 90 days or the applicant is not informed of the specific circumstances justifying a delay of the decision, the regulations make clear that this provision does not authorize an export or reexport without a license where such license is otherwise required under the Export Administration Regulations. This provision essentially grants the applicant the right to have a decision made on an application or a request within 90 days of its receipt by OEA or to be notified in ^writing of the specific circumstances requiring additional time. Furthermore, in the latter instance the applicant is given the opportunity to know and seek to counter objections raised with regard to a particular application or request, and to have his views considered in the decisional process. While an applicant gains the right to have an export license or reexport authorization issued if an application is not approved or disapproved within 90 days, any such right terminates whenever the notification requirement is met.

Applicants who wish to review the description of the proposed export in documents or portions of documents to be submitted for interagency review, should so indicate on the export license application or the reexport authorization request. Any comments or revisions whidh the applicant wishes to submit imust be in writing, and must be provided within the time limit specified by OEA. Such comments or revisions will be provided by OEA to the other agencies being consulted, and will be taken into consideration in the interagency review process.

These regulations ,are promulgated in final form. However, written comments and views are invited on a continuing basis and may be submitted to the above agency contact. All such written com- menst will be considered in determining whether revisions to these regulations are warranted.

Accordingly, Section 370 of the Export Administration Regulations (15 CFR Part 368 et seq.) is amended as follows:(1) Section 370.1 is revised by redesignating subsections (c), (d), (e) and (f) thereof, as (d), (e),' (f) and (g), and by adding a new subsection (c) to read as follows: (c) Time Period for Processing Applications.

Each export license application and request for reexport authorization will be approved or disapproved by the Office of Export Administration within 90 days of receipt of the application or request, except as hereafter provided. For pur-k poses of this § 370.1 (c), when an incom

plete application or request is received and it is determined necessary to return the application or request without action for completion by the applicant, the “date of receipt” means the date the completed application or request is received by the Office of Export Administration.

When an application or request cannot be approved or disapproved within 90 days of its receipt, as defined above, the Office-of Export Administration will inform the applicant in writing of the specific circumstances requiring additional time and the estimated date a decision will be reached. Also, to the maximum extent consistent with thevnational security of the United States, the applicant will be informed in writing of the questions raised and negative considerations or recommendations made by the Office of Export Administration or any other U.S. Department or agency from which advice has been gought by the Office of Export Administration regarding the application or request. The applicant will have the opportunity to respond to such questions, considerations and recommendations in writing prior to final action by the Office of Export Administration, and such written response will be taken fully into account in arriving at the decision to approve or deny the application or request. Should the Office of Export Administration fail to approve or disapprove an application within 90 days, or to provide notification to the applicant regarding the delay, as provided above, any application or request received on or after June 22, 1977, will be deemed to be approved and the applicant will have the right to require the Office of Export Administration to issue the relevant approval document. However, nothing contained in this § 370.1(c) relieves the applicant from any obligation to obtain an export license or reexport authorization prior to effectuating any export or reexport. Any rights accruing to an applicant as a result of an export license application or a reexport authorization having been deemed approved pursuant to the provisions of this §,370.1(c) shall terminate upon the issuance of the notification described above.

2. Section 370.11 is revised to read as follows:§ 370.11 Information to exporters.

(a) Request for status information. To minimize the administrative impact of of export controls on U.S. business firms and to enable exporters to coordinate their business activities with the export control policies of the U.S. Department of Commerce, the Office of Export Administration will undertake to inform exporters of the reasons that may subject an export license application to lengthy examination or denial. At the

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977


request of an exporter, the Office of Export Administration will provide such information to the extent consistent with the national security, the foreign policy of the United States, and the confidentiality provisions of the Export Administration Act of 1969. Requests for this information should be held to a minimum, however, so as not to impede the normal processing of cases and thereby interfere with the effective administration of export control.

(1) Considerations that may occasion lengthy examination. Listed below áre the most frequent reasons for delay or lengthy examination. Exporters are urged to submit with their applications any evidence or information* including brochures and technical literature, pertinent to these considerations!

(1) ‘ Determination as to whether a comparable commodity or comparable technical data is produced abroad and is available to the proposed destination from Free World sources.

(ii) Determination as to the potential strategic uses of a commodity or technical data. Frequently, this involves consultation with technicians in other government agencies and in industry.

(iii) Because of the potential uses of a commodity or technical data in a manner that is of concern to the U.S. Government for national security or foreign policy reasons, the Office of Export Administration must :

(a) attempt to verify, through government channels, the end use stated in an application and/or supporting documents to assure that it is a reliable indication of the future use of the commodity or technical data;

(b) seek additional information, through government channels, as to the range of activities engaged in by a prospective end user; and/or

(c) consult other U.S. Government agencies to obtain their views as to whether approval would be detrimental to the national security.

(iv) Because of the strategic nature of certain commodities and technical data, the United States and other Free World governments have agreed to control their, exports to destinations in Country Groups Q, W, Y and Z. In certain instances, it is necessary to consult with these other Free World governments before action on an application can be taken.

(v) Where one or more of the foreign parties to an export transaction is unknown to the Office of Export Administration, the U.S. Foreign Service is requested to provide information that will permit action to be taken.

(2) How to file request, (i) The request for information shall be submitted on Request for, and Advice on, Status of Pending Application, Amendment, or Reexport Request, Form DIB-6019P or IA- 743-A. The request may be made only by the applicant or applicant’s agent. The Office of Export Administration will respond as soon as possible, noting on the reverse side of the form the pertinent reason (s) for the delay or likelihood of denial.

(ii) More than 90 percent of applications for licenses to export to Country Groups T and V are acted upon within two weeks of receipt in the Office of Export Administration. Applications for licenses to export to any other country group generally require more intensive scrutiny, but approximately 75 percent of these applications are acted upon within four weeks of receipt.

(iii) Unless emergency circumstances necessitate immediate notification, applicants should not request information until the following time periods expire:

(a) For a destination in Country Group T or V : Three weeks from date application, amendment, or reexport request was mailed.

(6) For a destination in any other country group: Five weeks from date application, amendment, or reexport request was mailed.

Note.—An additional week has been added to the time period shown in § 370.11(a) (2) (ii) to allow for postal transport time to and from the Office of Export Administration. Earlier submissions may only disrupt normal processing operations and cause unnecessary delay in acting upon the case.

(b) Request for Documentation Review. The Office of Export Administration, in reviewing specific export license applications and requests for reexport authorization, may consult with other U.S. departments and agencies regarding the proposed export or reexport. While this consultation may be undertaken with respect tô any application or request, such consultation usually relates to transactions involving proposed exports or reexports to consignees in Country Groups Q, W and Y, and requests for relief on the basis of unique hardship from short-supply export controls (15 CFR Part 377). The general practice of the Office of Export Administration is to provide a description of the proposed export or reexport to the Other agencies in order to permit the agencies consulted to consider all aspects of the issue or issues involved. In order to insure that this documentation accurately describes the proposed export or reexport, the Office of Export Administration will, upon request from the applicant, provide a copy of that portion of the document(s) being forwarded to the other agencies that describes the export or reexport in question. If the proposed transaction involves an export from the United States, the request shall be made a t the time the application is submitted by inserting in Item 12 of Form DIB- 622P, Application for Export License, the phrase “Interagency referral information requested.” If the proposed transaction involves the reexport of U.S.-origin commodities or technical data, the request shall be made at the time the request is filed by inserting in item 10 of Form DIB-699P, Request to Dispose of Commodities or Technical Data Previously Exported, the phrase “Interagency referral information requested.” If the reexport request is made by letter, the request shall be included in the letter.

55809

Any comments or revisions which an applicant may make with respect to a particular application or request should be provided to the Office of Export Administration in writing. That Office will provide the applicant’s submission to the appropriate other Federal agencies and such submissions will be taken into consideration in the interagency review.(Sec. 4, Pub. L. 91-184, 83 Stat. 842 (50 U.S.C. app. 2403), as amended; E.O. 12002, 42 FR 35623 (1977); Department Organization Order 10-3, dated Nov. 17, 1975, 40 PR 58876 (1975), as amended; and Domestic and International Business Administration Organization and Function Orders 46-1, dated November 17, 1975, 40 FR 59764 (1975), as amended and 46-2, dated November 17, 1975, 40 FR 59761 (1975), as amended.)

R auer H. Meyer, Director, Office of

Export Administration.October 14, 1977.[FR Doc.77-30525 Filed 10-18-77;8:45 am]

[ 3 5 1 0 - 1 2 ]PART 387— ENFORCEMENT

PART 388— DENIAL OF EXPORT PRIVILEGES AND IMPOSITION OF CIVIL PENALTIES

PART 390— GENERAL ORDERSCorrection of Effective Date of Rules on

Penalty Provision and Technical Advisory Committees

AGENCY: Office of Export Administration, U.S. Department of Commerce.ACTION: Change in the effective date of final rules.SUMMARY : This document corrects the effective date of the final rules published in the F ederal R egister on October 7, 1977 (42 FR 54529, 54530), reflecting amendments (effective June 22, 1977) to the Export Administration Act of 1969, as amended, concerning penalty provisions and Technical Advisory Committees.EFFECTIVE DATE: June 22, 1977.FOR FURTHER INFORMATION CONTACT:

Charles C. Swanson, Director, Operations Division, Office of Export Administration, Department of Commerce, 202-377-4196.

SUPPLEMENTARY INFORMATION : On October 7, 1977 two final rules were published in the F ederal R egister which reflected amendments made to the Export Administration Act of 1969, as amended (the “Act”), by sections 111 and 112 of the Export Administration Amendments of 1977 (Pub. L. 95-52) (effective June 22, 1977). The first, published in 42 FR 54529, reflected the changes dealing with maximum fines that may be imposed for violations of the Act and any order, regulation or license issued thereunder and certain other penalty provisions.- The second, published in 42 FR 54530, reflected the extension of the term of industry members of Technical Advisory Committees estab-


55810 RULES AND REGULATIONS

lished pursuant to the provisions of the Act from two to four years.

The effective date of these rules was incorrectly stated as October 4,1977. The Export Administration Amendments became effective June 22, 1977 and, therefore, the regulations which reflect the self-executing provisions contained in sections 111 and 112 are effective as of that date.

Accordingly, the effective date of the following documents is corrected from “October 4, 1977,” to “June 22, 1977:”

(1) PR Doc. 77-29500, Filed October 6, 1977, 8:45 a.m., published in 42 FR 54529; and (2) FR Doc. 77-29499, filed October 6, 1977, 8:45 a.m., published in 42 FR 54530.(Sec. 4 Pub. L. 91-184, 83 Stat. 842 (50 U.S.C. App. 2403), as amended; E.O. 12002, 42 FR 35623 (1977); Department Organization order 10-3, dated Nov. 17, 1975, 40 FR 58876 (1975), as amended; and Domestic and International Business Administration Organization and Function Orders 46-1, dated November 17, 1975, 40 FR 59764 (1975), as amended and 46-2, dated November 17, 1975, 40 FR 59761 (1975), as amended.)

R auer H. Meyer, Director, Office of

Export Administration.October 14, 1977.

[FR Doc.77-30524 Filed 10-18-7T;8:45 am]

[ 3 7 1 0 - 0 8 ]Title 32— National Defense

CHAPTER V— DEPARTMENT OF THE ARMY

PART 581— PERSONNEL» REVIEW BOARD Army Discharge Review Board Rules

AGENCY : Department of the Army, Department of Defense.ACTION : Final rule.SUMMARY : The revised rules of procedure governing the Army Discharge Review Board were published as FR Doc. 77-7064 on March 10,1977 (42 FR 13274). The revised rules of procedure are amended. This amendment is made in compliance with the Stipulation of Dismissal in the Case of Urban Law Institute of Antioch College, Inc., et al. v. Secretary of Defense, et al. A phrase is added to indicate the nature of the applicable Army regulatory provisions pertaining to factors which are the basis for denial of relief requested. EFFECTIVE DATE: October 1,1977.FOR FURTHER INFORMATION CONTACT:

Albert A. Covington, Legal Advisor, OX 73518.Dated: September 26,1977. ,

W illiam E. Weber, Colonel, Infantry, President, Army Discharge Review Board.

In consideration of the foregoing, the rules of procedure of the Army Discharge Review Board are amended by revising § 581.2(h) (1) (ii) to read as follows:

§ 581.2 Army Discharge Review Board. • * • * *

(h) * * •( 1 ) * * *(ii) Findings on all issues of fact, law,

or discretion upon which the panel’s determination is based, including pertinent factors required by applicable AR’s to be considered for determination of the character of and reason for the discharge or dismissal certificates in question when such factor(s) is (are) a basis for denial of any relief requested.

* * * * *[FR Doc.77-30488 Filed 10-18 -77;8:45 am]

[ 6 5 6 0 -0 1 ]Title 40— Protection of Environment

CHAPTER I— ENVIRONMENTAL PROTECTION AGENCY

[FRL 803-4]PART 52— APPROVAL AND PROMULGA

TION OF IMPLEMENTATION PLANAlabama: Approval of Plan Revisions

AGENCY : Environmental Protection Agency.ACTION : Final rule.SUMMARY: This revision in the Alabama State Implementation Plan would subject facilities handling natural gas or refinery gas containing more than 0.10 grains of hydrogen sulfide per standard cubic foot to emission regulations based on county categories and available sulfur (long torls/day). This is a relaxation of a previous regulation dealing with the petroleum industry which was limited in that only processing plants engaged in commercial recovery of sulfur were covered under emission limitations of sulfur recovery projects. As the oil and gas industry grew, the types and sizes of processing plants did not lend themselves to the existing sulfur recovery regulations. Placid Oil in Choctaw County, Getty Oil and Union Oil in Mobile are the facilities affected.

The Region IV Office, after review of the modeling and air quality analysis performed by the State of Alabama, has determined that this revision will be consistent with attainment and maintenance of ambient standards.EFFECTIVE DATE: October 19, 1977.ADDRESSES: Copies of the information submitted by Alabama may be examined by the public during normal business hours at the following locations :

Air Programs Branch, Air and Hazardous Materials Division, Environmental Protection Agency, 345 Court- land Street NE., Atlanta, Ga. 30308. Public Information Reference Unit, Library Systems Branch, Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460. Alabama Air Pollution Control Commission, 645 South McDonough Street, Montgomery, Ala. 36104.

FOR FURTHER INFORMATION CONTACT:

Eliot Cooper, Air Programs Branch, Environmental Protection Agency, 345 Courtland Street NE., Atlanta, Ga. 30308, 404-881-3286.

SUPPLEMENTARY INFORMATION: On January 25, 1977 (41 FR 4496), the Agency announced as proposed rulemaking an implementation plan change in regard to sulfur dioxide emissions from gas processing plants, which the State of Alabama adopted (May 25, 1976) and submitted (July 21, 1976) ,'for EPA’s approval after notice and public hearing (March 25, 1976). Comments were solicited and no comments were received.

The revision is as follows:Part 5.3, Sulfur Recovery Plants, is re

placed by a part titled, “Petroleum Production”. This part applies to the regulations for facilities that handle natural gas or refinery gas that contains more than 0.Í0 grains of hydrogen sulfide per standard cubic foot (SCF). In subpart 5.3.2, No person shall cause or permit the emission of a process gas stream containing more than 0.10 grains hydrogen sulfide per SCF into the atmosphere unless it is properly burned to maintain ground level concentrations of hydrogen sulfide to less than 20 parts per billion beyond plant property limits, averaged over a 30-minute period. In subpart 5.3.3, No person shall cause or permit the sulfur oxide emission from any facility designed to dispose of, or process, natural gas or refinery gas containing more than0.10 grains hydrogen sulfide pre SCF to exceed the following:

Category I Counties Available sulfur

(long tons Permitted emissions ofper day) sulfur dioxide

Up to 5__________ No limit.5 to 35_^_________ 373 lb/h.35 to 75____ _____ 0.10 lb S02 per pound of

sulfur processed.Over 75____ ___ _ 0.08 lb S02 per pound of

sulfur processed.Category II Counties

Up to 10_________ No. limit.10 to 50_................. 560 Ib/b.50 to 100-_i _____ 0.10 lb S02 per pound of

sulfur processed.Over 100_______ __0.08 lb S 02 per pound of

sulfur processed.The allowable emissions of sulfur diox

ide are increased as follows to allow for dry acid streams containing less than 60 percent hydrogen sulfide:Mole percent of hy

drogen sulfide in dry acid gas

50 pet. but less than 60 pet.




Less than 20 pet—

Additional SC)2 of emissions allowed

0.02 lb S02 per pound of sulfur processed.


0.06 lb S 02 per pound of sulfur processed.


Must utilize the best available c o n t r o l technology, with consideration t o t h e technical practicability and economic reasonableness of reducing or eliminating the emission from the facility.


In subparts 5.3.4 (a) and (b), the following counties are classified as Category I Counties: Jackson, Jefferson, and Mobile; all other counties are classified as Category II. A new Part 5.5 is added and applies to facilities not regulated by Parts 5.1, 5.2, 5.3, and 5.4. In subpart 5.5.2, No person shall construct and operate a new or modified sulfur conyiound emission source that does not meet any and all applicable New Source Performance Standards and utilize the best available control technology, with consideration to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility. In subpart 5.5.3, No persqn shall construct and operate a new or modified emission source that will cause or contribute to a condition such that either the primary or the secondary sulfur dioxide ambient air quality standards are exceeded in the area.

Accordingly, 40 CFR Part 52 is amended as follows:

Subpart B— Alabama1. In § 52.50, paragraph (c) is

amended by adding subparagraph (16) as follows:§ 52.50 Identification of Plan.

* * * * *

(c) * * *(16) Revised S02 emissions from gas

processing plants submitted by the Alabama Air Pollution Control Commission cm July 21,1976.(Sec. 110, Clean Air Act, (42 U.S.C. 1857c-5).)

Dated: October 11, 1,977.D ouglas M. Costle,

Administrator.[FR Doc.77-30303 Filed 10-18-77^8:45 am]

[ 6 8 2 0 - 1 4 JTitle 41— Public Contracts and Property

ManagementCHAPTER 101— FEDERAL PROPERTY

MANAGEMENT REGULATIONS SUBCHAPTER A— GENERAL [FPMR Amendment A-28J

PART 101-2— PAYMENTS TO GSA FOR SUPPUES AND SERVICES FURNISHED GOVERNMENT AGENCIES

Adjustments of BillingsAGENCY: General Services Administration.ACTION: Final rule.SUMMARY: This regulation updates GSA’s billing procedures under the Simplified Intragovernmental Billing and Collection (SIB AC) System. The SIB AC system provides immediate payment to GSA as the billing agency and provides the recipient agencies a method to chargeback erroneous charges billed. In addition, the regulation clarifies the responsibility for the voucher audit and receipt verification of the goods and services received by Government agencies from vendors when GSA prepares and issues the procurement documents.


These changes are necessary to notify agencies of the way GSA is now handling their billing proceedings.EFFECTIVE DATE: October 19, 1977.FOR FURTHER INFORMATION CONTACT:

Mr. John Karasinski, Chief, Federal Supply Programs Branch, Office of Finance, General Services Administration, Washington, D.C. 20405, 202- 566-0938.

SUPPLEMENTARY INFORMATION: The SIBAC system is prescribed by GSA and by the Treasury Fiscal Requirements Manual for Guidance of Departments and Agencies, chapter 5000 of part VI. The basic concept underlying the SIBAC system is the elimination of governmental receivables and payables, reduction of paperwork, and improved cash flow. Under this system immediate payment is accomplished by authorizing GSA as the billing agency to credit its own 8-digit pay station symbol and to charge the customer agency’s 8-digit pay station symbol for services purchased or supplies shipped.

The table of contents for Part 101-2 is amended as follows:101-2.104 SIBAC chargeback procedures. 101-2.04 SIBAC chargeback procedures. 101-2.105 Non-SIBAC payment procedures. 101-2.106 Adjustments.101-2.107 Statements of account. 101-2.4903 Treasury forms.101-2.4903-7306 TSF Form 7306, Paid Billing Statement for SIBAC Transactions.Subpart 101-2.1— Billings, Payments and

Adjustments1. Section 101-2.101 is amended as fol

lows: § 101—2.101 Background.

* * * * *(b) The General Accounting Office

Policy and Procedures Manual for Guid- anqe of Federal Agencies, title 7, chapter 2, section 8.5, provides that billings from GSA shall be paid in accordance with regulations issued by GSA. ,

(c) In providing for goods or services for Government agencies, GSA must, under certain regulations, provide for payment of the procurement to the vendors for the agencies. The payments are made by GSA without confirmation of actual receipt of the goods or services by the agencies. These procedures are essential to comply with the payment terms and conditions of the purchase order or contract and to earn cash discounts. The payments are made by GSA from revolving funds which are reimbursed from the agencies’ appropriations and funds in accordance with §§ 101-2.103 or 101- 2.105. The agency that ordered and received the goods or services is responsible for the voucher audit (matching of the purchase documents, evidence of receipt, and invoice). If the receiving agency has not received the goods or services in accordance with the purchase order or contract, it is the agency’s responsibility to report the losses or dis-

55811

crepancies to GSA in accordance with § 101-2.104 so that GSA may obtain

credit from the vendor for overpayments. Credit to the ordering agency will be made by GSA in these cases based upon the report from the agency, and a claim will be placed by GSA against the contractor for the recovery.

2. Section 101-2.102 is amended as follows:§. 101—2.102 Billing procedures.

(a) Bills are rendered biweekly, monthly, or quarterly after the fact or in advance on approved billing forms, which are GSA Form 789, Statement, Voucher, and Schedule of Withdrawals and Credits, and Treasury TFS Form 7306, Paid Billing Statement for SIBAC Transactions (illustrated at §§ 101-

>4902-789 and 101-2.4903-7306). Certification of such bills by GSA is not required. Except for those bills which are rendered in advance, bills will be forwarded only after there is evidence of actual delivery of material or services, or after receipt of evidence of shipment. In this respect, bills for direct delivery shipments will be rendered based upon payment to the vendor.

* * * * *(c) GSA may, at its discretion, proc

ess requisitions of $1 or less without billing. Therefore, any agency having such items unbilled 60 days after receipt of the material may assume that they will not be billed and may cancel the obligation accordingly. In addition to billing agencies under the GSA Form 789 procedures as indicated in paragraphs (a) . and (b), above, GSA also utilizes the Simplified Intragovernmental Billing and Collection (SIBAC) System.

(d) The SIBAC system is prescribed by GSA as indicated within this subpart and by the Treasury Fiscal Requirements Manual for Guidance of Departments and Agencies, chapter 5000 of part VI. The basic concept underlying the SIBAC system is the elimination of governmental receivables and payables; reduction of paperwork; and improved cash flow. Two essential elements of the system are: (1) It provides for immediate payment to the hilling agency, and (2) it provides a method by which recipient agencies may charge back erroneous charges billed. Under this system immediate payment is accomplished by authorizing GSA as the billing agency to credit its own 8-digit pay station symbol and to charge the customer agency’s 8-digit pay station symbol for services purchased or supplies shipped. This system also provides for chargebacks which are accomplished on the customer agency’s SF 224, Statement of Transactions, by reporting the amount of erroneous charge to a clearing account of the billing agency after proper notification and documentation have been sent to the billing (SIBAC) agency. The system is applicable only when both the billing and customer agencies report their monthly transactions to the Department of the Treasury on SF 224, Statement of Transactions.



GSA programs under the SIBAC system are as follows:

(1) Billings to civil executive agencies for supplies from FSS supply distribution facilities for stock and nonstock direct deliveries are billed semimonthly at the GSA accounting centers. For motor pool services civil agencies are billed monthly a t the centers. Billings to the Department of Defense (DOD) through the SIBAC system for supplies are contained in the DOD handbook, Military Standard Billing Systems (MILSBILLS) 4000.25-7—M. The basic difference between the SIBAC System operated for civil executive agencies and DOD is that the GSA/DOD system operates with a direct charge by the billing agency to the appropriation or fund account of the customer agency’s 8-digit station symbol.

(2) The standard level user charges (SLUC) for space assignments are billed quarterly in advance, and actual adjustments are made quarterly in arrears.

3. Section 101-2.103 is revised as follows:§ 101—2.103 SIBAC payment proce

dures.Under this system GSA is authorized

to charge the 8-digit agency pay station symbol of the customer agencies for services purchased or supplies shipped.

(a) Treasury TFS Form 7306 (illustrated a t § 101-2.4903-7306) will be used as the paid billing document in connection with this procedure. GSA as the SIBAC agency will attach supporting documentation only when the transaction cannot be adequately described on TFS Form 7306.

(b) The paid billing statement shall be accounted for by the billed agency as an accomplished or paid document and reported on its current SF 224, Statement of Transactions (similiar to reporting the charge side of SF 1081, Voucher for Transfers Between Appropriations and/, or Funds). The SIBAC agency will report the credit received from these charges on its SF 224. Both sides of the transaction will be accomplished as of the payment date of the paid billing statement. Immediate payment is accomplished by authorizing GSA to credit its own 8-digit agency pay station symbol and to charge the billed agency’s 8-digit pay station symbol for services purchased or supplies shipped.

4. Section 101-2.104 is revised as follows:§ 101—2.104 SIBAC chargeback proce

dures.Agencies participating in the SIBAC

system with GSA may utilize the chargeback procedure to obtain billing adjustments in accordance with the Treasury Fiscal Requirements Manual for Guidance of Departments and Agencies, part VI, chapter 5000; instructions contained in GSA Handbook, Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or Billings (FPMR 101-26.8), or as outlined in § 101-2.106.

(a) Agency finance and accounting activities in receipt of erroneous billings fthn.il request authorization for chargebacks, by telephone, from the GSA

SIBAC representatives identified on the TFS Form 7306.

(b) Adjustments in billings involving discrepancies or deficiencies in shipments or material, vendor or carrier liability, or merchandise to be returned to GSA are not subject to the chargeback procedure. These will be reported to the GSA regional office which made or directed shipment of the material for investigation and resolution.

(1) Chargebacks for supplies from the Federal Supply Service will not be authorized for any bills more than 1 year old from the date of the billing nor for items valued at $25 or less per line item on a bill as indicated in § 101-2.106 (c).

(2) Agencies other than DOD shall submit documentation to the GSA billing office in support of the chargeback taken. The documentation shall consist of an SF 238, SIBAC Adjustment Voucher for Chargebacks, SIBAC detail line item billing card(s) covering items being charged back (when available), a copy of the detail billing register (GSA Form 952) with items that were charged back clearly annotated, and discrepancy reports where applicable. Such documentation shall cite,the authorization number provided by the GSA SIBAC representatives and, for FSS supply billings, the appropriate Billing Adjustment Advice Code(s) contained in the GSA Handbook, Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or Billings (FPMR 101-26.8).

(3) Erroneous chargebacks will be rejected and/or rebilled.

(4) For DOD the appropriate advice codes contained in the DOD Handbook, MILSBILLS, 4000.25-7-M, shall be used to request adjustments.

5. Section 101-2.105 is revised as follows:§ 101—2.105 Non-SIBAC payment pro

cedures.(a) All GSA invoices or billings, in

cluding those representing partial shipment, shall be paid promptly by check or transfer document. This requirement is mandatory to (1) assist GSA in managing its revolving fund operations with a minimum of appropriated capital; (2) reduce the cost of collection in GSA; and(3) reduce the cost of payment for other agencies. To expedite remibursement and reduce the cost of billings and payments, agencies are requested to ensure that GSA bills are directed to the office authorized to make payment. This will avoid the costly and time-consuming handling of the bills at consignee and in- terminated offices.

(b) Since the reimbursements requested are between Government agencies, bills shall be paid as rendered without preaudit or receipt verification, subject only to the availability of funds and adjustments for obvious significant errors in dollar amounts. The agencies are responsible for establishing an adequate followup system to ensure that goods and materials paid for are received.

(c) Agencies may use GSA Form 789 (Illustrated at § 101-2.4902-789) in proc

essing payments to GSA in all cases where disbursing offices can place the credit to the appropriate account without the transmittal of a check to the GSA billing office. The Department of the Treasury disburses payments for certain agency accounting stations; these stations shall send the original and two copies of the GSA Form 789 to the Treasury regional offices for processing in accordance with the instructions contained in Treasury Depatrment Circular No. 495, Second Revision, Procedures Memorandum No. 1, as amended. Agencies making payments by check shall arrange for one copy of the GSA Form 789 to be transmitted with the check when it is forwarded to GSA.

6. Sections 101-2.106 and 101-2.107 are added as follows:§ 101—2.106 Adjustments.

(a) Exceptions noted either at the time of payment or in postaudit (subject to the provisions of automatic adjustment procedures in paragraph (d), below) shall be brought to the attention of GSA either by notation on the billing statement or by separate communication. Approved adjustments will be reflected appropriately in subsequent billings.

(b) Agencies shall notify GSA immediately of discrepancies or deficiencies in shipments or nonreceipt of shipments so that appropriate action may be taken.

(c) Adjustments of billings or payments for supplies or services are not required and should not be requested or made whenever the différente involved resulting from over or under deliveries or over or under charges is $25 or less on any line item on a bill or for any bills more than 1 year old from the date of billing. This shall not be construed to eliminate billings and payments for requisitioned items of $25 or less. In connection with GSA Federal Supply Service activities, Subpart 101-26.8 is applicable to adjustments for discrepancies or deficiencies in shipments or materials. To minimize followup, research, and collection costs on intragovemmental transactions, agencies are urged to follow the most liberal policy possible in determining whether to

* request adjustment. To further expedite settlement of accounts between GSA and the billed agencies, such settlement may be made by mutual agreement, regardless of amount, without reference to the General Accounting Office.

(d) Adjustments of billings or payments for supplies or services of $25 or less explained in paragraph (c), above, do not apply to reimbursable commercial toll charges in the Federal Telecommunications (FT) Fund. However, each agency head shall be responsible for establishing controls over the use of telephones adequate for ensuring th a t long distance telephone calls are made only when they are the most economical and practicable means of communications available for transaction of Goverment business. Such controls should also ensure that commercial telephone facilities are used only


when Government-owned or -leased facilities are not available or when commercial telephone facilities are more economical than Government-owned or -leased facilities (7 GAO 25.3K Agencies are responsible for establishing an adequate followup system to determine if any toll charges were unofficial or uncertifiable. In the event the billing contains charges of this nature, the department or agency shall:

(1) Investigate and recover from the individual the amount of such charges;

(2) Take appropriate disciplinary action against individuals making unauthorized unofficial calls; and

(3) Refer to GSA all uncertifiable calls remaining in doubt after the above procedures have been carried out with a written statement that investigation does not substantiate either payments pursuant to 31 U.S.C. 680a or further collection efforts by the department, establishment, or agency.

Upon receipt of the above statement for uncertifiable calls, GSA will refer these charges to the telephone company for adjustment and provide credit; to the agency.

(e) Credit adjustments for authorized sales will be issued by GSA upon receipt of the returned material. The credit will be included on the next bill issued.§ 101—2.107 Statements of account.

A statement of account is mailed quarterly to each agency billed office for unpaid items outstanding on each major revolving fund of GSA. Agencies shall make appropriate notations on the statement regarding the status of each item classified as delinquent and return the statement to GSA.Subpart 101-2.49— Forms and ReportsL Section 101-2.4902 is revised as fol

lows:§ 101-2.4902 GSA forms.

(a) GSA forms are illustrated m this section to show their text, format, and arrangement and to provide a ready source of reference. The subsection numbers in this § 101-2.4902 correspond with the GSA form numbers.

(b) GSA forms illustrated in this section may be obtained initially from the General Services Administration (3FN DD), Union and Franklin Streets Annex, Building 11, Alexandria, Va. 22314. Agency regional or field offices should submit future requirements to their Washington headquarters office, which will forward consolidated annual requirements to the General Services Administration (BRO), Washington, D.C. 20405.

2. Section 101-2.4902-789 is revised as follows:§ 101-2.4902-789 GSA Form 789,

Statement, Voucher, and Schedule of Withdrawals and Credits.

3. Sections 101-2.4903 and 101-2.4903- 7306 are added as follows:§ 101—2.4903 Treasury forms.. Treasury forms are illustrated in this section to show their text, format, and arrangement and to provide a ready


source of reference. The subsection numbers in this § 101-2.4903 correspond with the Treasury form numbers.§ 101-2.4903-7306 TFS Form 7306,

Paid Billing Statement for SIBAC Transactions.

Note.—The forms illustrated at §§ 101- 2.4902-789 and 101-2.4903-7306 are filed with the original document and do not appear in the F ederal Register.(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).)

Note.—The General Services Administration has determined that this document does not contain a major proposal requiring preparation of an Inflation Impact Statement under Executive Order 11821 and OMB Circular A-107.

Dated: October 3, 1977.Joel W. S olomon,

Administrator of General Services..[FR Doc.77-30472 Filed 10-18-77:8:45 am)

[ 6 8 2 0 -2 4 ]SUBCHAPTER H— UTILIZATION AND DISPOSAL

[FPMR Amendment H-106]UTILIZATION, DONATION, OR DISPOSAL

OF ABANDONED AND FORFEITED PERSONAL PROPERTY

AGENCY: General Services Administration.ACTION: Final rule.SUMMARY: This regulation consolidates into a separate part the provisions dealing with utilization, donation, and disposal of abandoned and forfeited personal property. Prior to-this regulation, these provisions were located in three separate parts of the FPMR. The intent of this regulation is to make these provisions easier to understand.EFFECTIVE DATE: October 19, 1977.FOR FURTHER INFORMATION CONTACT:

Mr. John I. Tait, Director, Regulations and Procedures Management, Division, Office of Customer Service and Support, Federal Supply Service, General Services Administration, Washington, D.C. 20406 (703-557-1914).

SUPPLEMENTARY INFORMATION: This regulation codifies the provisions which were published March 18, 1977 (42 FR 15080) in a notice of proposed rulemaking. This regulation establishes new Part 101-48—Utilization, Donation, or Disposal of Abandoned and Forfeited Personal Property, and cancels Subpart 101-43.4—Utilization of Abandoned and Forfeited Personal Property, Subpart 101-44.6—Donation of Abandoned and Forfeited Personal Property, and Sub- part 101-45.4—Disposal of Abandoned and Forfeited Personal Property. These three subparts have been located in three separate parts of Subchapter H. As evidenced by the number and types of inquiries received by GSA, it is apparent that these regulations can be more easily understood if they are consolidated and: issued as a separate part of Subchapter H. Accordingly, this amendment has been developed to make the changes nec-

55813

essary, to consolidate and reissue these regulations.

PART 101-43— UTILIZATION OF PERSONAL PROPERTY

The table of contents for Part 101-43 is amended to delete the entries for Subpart 101-43.4 and all sections thereof and to reserve the subpart as follows:

Subpart 101—43.4 [Reserved]

Part 101-43, is amended to delete the provisions of Subpart 101-43.4 and to reserve the subpart as follows :

Subpart 101-43.4 [Reserved]PART 101-44— DONATION OF PERSONAL

PROPERTYThe table of contents for Part 101-44

is amended to delete the entries for all sections of Subpart 101-44.6, delete §§ 101-44.4902 and 101-44.4902-18, and reserve the following entries : \§ 101-44.001-2 [Reserved]§ 101-44.001-6 [Reserved}§ 101-44.001-8 [Reserved]§ 101—44.001—16 [Reserved]

Subpart 101-44.6 [Reserved]Part 101-44 is amended to delete and

reserve the following sections :§ 101-44.001-2 [Reserved]§ 101—44.001—6 [Reserved]§ 101—44.001—8 [Reserved]§ 101—44.001—16 [Reserved]

Part 101-44 is amended to delete the provisions of Subpart 101-44.6 and to reserve the subpart as follows:

Subpart 101-44.6 [Reserved]Subpart 101-44.49— Illustrations of

FormsSections 101-44.4902 and 101-44.4902-

18 are deleted.PART 101-45— SALE, ABANDONMENT,

OR DESTRUCTION OF PERSONAL PROPERTYThe table of contents for Part 101-45

is amended to delete the entries for Subpart 101-45.4 and all sections thereof and to reserve the subpart as follows:

Subpart 101—45.4 [Reserved]Part 101-45 is amended to delete the

provisions of Subpart 101-45.4 and to reserve the subpart as follows :

Subpart 101-45.4 [Reserved]Part 101-48 is added as follows:

PART 101-48— UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED ANDFORFEITED PERSONAL PROPERTY

Sec.101-48.000 Scope of part.101-48.001 Definitions.101-48.001-1 Abandoned or other un

claimed property.101—48.001—2 Distilled spirits.101-48.001-3 Eleemosynary institution.101-48.001-4 Firearms.101-48.001-5 Forfeited property.101—48.001—6 Malt beverages.101-48.001-7 Property.101—48.001—8 Voluntarily abandoned prop

erty.101-48.001-9 Wine.



Subpart 101-48.1— Utilization of Abandoned and Forfeited Personal Property

101-48.100101-48.101

101-48.101-1

101-48.101-2101-48.101-3101-48.101-4101-48.101-5

101-48.101-6

101-48.101-7

101-48.101-8101-48.101-9101-48.102

101-48.102-1

101-48.102-2101-48.102-3101-48.102-4

Scope of subpart.Forfeited or voluntarily aban-_

doned property.Sources of property available

for utilization.Custody of property.Cost of care and handling.Retention by holding agency.Property required to be re

ported.Transfer to other Federal

agencies.Reimbursement and costs in

cident to transfer.Billing.Disposition of proceeds.Abandoned or other un

claimed property.Vesting of title in the United

States.Reporting.Reimbursement.Proceeds.

Subpart 101-48.2— Donation of Abandoned and Forfeited Personal Property

101-48.200101-48.201

101-48.201-1101-48.201-2101-48.201-3101-48.201-4101-48.201-5

101-48.201-6

Scope of subpart.Donation of forfeited dis

tilled spirits, wine, and malt beverages.

General.Establishment of eligibility.Requests by institutions.Filling requests.Donation of lots not required

to be reported.Packing and shipping costs.

Subpart 101-48.3— Disposal of Abandoned and Forfeited Personal Property

101-48.300101-48.301101-48.302

101-48.303101-48.304

101-48.305

101-48.305-1

101-48.305-2

Scope of subpart.General.Distilled spirits, wine, and

malt beverages.Firearms.Property other than distilled

spirits, wine, and malt beverages and firearms.

Disposition of proceeds from sale.

Abandoned or other unclaimed property.

Forfeited or voluntarily abandoned property.

Subparts 101—48.4— 101—48.48 [Reserved] Subpart 101-48.49— Illustrations of Forms

101-48.4900 Scope of subpart.101-48.4901 [Reserved]101-48.4902 GSA forms.101-48.4902-18 GSA Form 18, Application of

Eleemosynary Institution.§ 101—48.000 Scope of part.

This part prescribes the policies and methods governing the utilization, donation, and disposal of abandoned and forfeited personal property under the custody or control of any Federal agency in the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin Islands.§ 101—48.001 Definitions.

For the purposes of this Part 101-48, the following terms shall have the meanings set forth in this section.§ 101—48.001—1 Abandoned or other

unclaimed property.“Abandoned or other unclaimed prop

erty” means personal property that is found on premises owner or leased by

the Government and which is subject to the filing of a claim therefor by the former owner(s) within 3 years from the vesting of title in the United States.§ 101—48.001—2 Distilled spirits.

“Distilled spirits,” as defined in the Federal Alcohol Administration Act (27 U.S.C. 211), as now in force or hereafter amended, means ethyl alcohol; hydrated oxide of ethyl; or spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and 'mixtures thereof.§ 101—48.001—3 Eleemosynary institu

tion.“Eleemosynary institution” means a

nonprofit institution organized and operated for charitable purposes whose net income does not inure in whole or in part to the benefit of shareholders or individuals and which shall have filed with the Regional Administrator, GSA Region 3, a satisfactory statement establishing such status.§ 101—48.001—4 Firearms.

“Firearms,” as defined in 18 U.S.C. 921, as now in force or hereafter amended, means any weapon (including a starter gun) which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon or any firearm muffier or firearm silencer; or any destructive device. This term does not include an antique firearm.§ 101—48.001—5 Forfeited properly.

"Forfeited property” means personal property acquired by a Federal agency either by summary process or by order of a court of competent jurisdiction pursuant to any law of the United States.§ 101—48.001—6 Malt beverages.

“Malt beverages,” as defined in the Federal Alcohol Adm inistration Act (27 U.S.C. 211), as now in force or hereafter amended, means beverages made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops or their parts or products and with or without other malted cereals; and with or without the addition of unmalted or prepared cereals, other carbohydrates, or products prepared therefrom; and with or without the addition of carbon dioxide; and with or without other wholesome products suitable for human food consumption.§ 101—48.001—7 Property.

“Property” means all personal property, including but not limited to vessels, vehicles, aircraft, distilled spirits, wine, and malt beverages.§ 101—48.001—8 Voluntarily abandoned

property.“Voluntary abandoned property”

means personal property abandoned to a Federal agency in such a manner as to vest title thereto in the United States.§ 101-48.001-9 Wine.

"Wine” means any of the wines defined in sections 5381 and 5385 of the Internal

Revenue Code of 1954 (26 U.S.C. 5381, 5385), as now in force or hereafter amended, and other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine; wine made from condensed grape must; wine made from agricultural products other than the juice of sound, ripe grapes; imitation wine; compounds sold as wine; vermouth; cider; perry; and sake. The alcoholic content of these beverages shall not contain less than 7 percent nor more than 24 percent of alcohol by volume and shall not be for industrial use.Subpart 101-48.1— Utilization of Abandoned and Forfeited Personal Property§ 101—48.100 Scope of subpart.

This Subpart 101-48.1 prescribes the policies and methods for utilization and transfer within the Government of forfeited or voluntarily abandoned personal property subject to the provisions of 40 U.S.C. 304 f through m, and abandoned and other unclaimed property found on premises owned or leased by the Government subject to the provisions of 40 U.S.C. 484 (m), which may come into the custody or control of any Federal agency in the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Virgin Islands. Property in this category located elsewhere shall be utilized and transferred in accordance with the regulations of the agency having custody thereof.§ 101—48.101 Forfeited or voluntarily

abandoned property.Forfeited or voluntarily abandoned

property, subject to the provisions of 40 U.S.C. 304 f through m, except as otherwise indicated in this Subpart 101-48.1, shall be reported and handled in the same manner as excess property under Subpart 101-43.3.§ 101—48.101—1 Sources of property

available for utilization.Property available for utilization un

der § 101-48.101 is property which is in the custody or under the control of any agency of the U.S. Government, as a result of forfeiture or voluntary abandonment.§ 101—48.101—2 Custody of property

(a) GSA generally will not take possession of property that is forfeited or voluntarily abandoned. Such property shall remain in the custody of and be the responsibility of the holding agency.

(b) GSA will direct the disposition of forfeited firearms that are subject to the disposal provisions of 26 U.S.C. 5872(b). GSA authorizes the retention of any such firearm by the Secretary of the Treasury or his delegate for official use.

(c) GSA will direct the disposition of distilled spirits, wine, and malt beverages that are forfeited other than by court decree or by order of a court:

(1) By transfer to Government agencies which have a need for such beverages for medicinal, scientific, or mechanical purposes, or for any other purpose


for which appropriated funds may be expended by a Government agency;

(2) By donation to eleemosynary institutions (as defined in § 101-48.001-3) which have a need for such beverages for medicinal purposes; or

(3) By destruction.§ 101—48.101—3 Cost of care and han

dling.Each holding agency shall be respon

sible for performing care and handling of forfeited or voluntarily abandoned personal property pending disposition.§ 101—48.101—4 Retention by holding

agency.(a) Subject to the limitations on cer

tain types of passenger vehicles (see § 101-43.302(e)), a Federal agency may retain and devote to official use any property in its custody that is (1) forfeited other than by court decree or (2) determined by the agency to be voluntarily abandoned. Large sedans and limousines may be retained by an agency and devoted to official use only if such retention is clearly authorized by the provisions of Subpart 101-38.13.

(b) A holding agency, when reporting property pursuant to § 101-48.101-5, which is subject to pending court proceedings for forfeiture, may a t the same time file a request for such property for its official use. GSA will then make application to the court requesting delivery of the property to the holding agency.

(c) Any property that is retained by a Federal agency for official use under this Subpart 101-48.1 shall thereupon lose its identity as forfeited or voluntraily abandoned property. When such property is no longer required for official use, it shall be reported as excess in accordance with §101-43.311.§ 101—48.101—5 Properly required to

be reported.(a) A Federal agency shall promptly

report, in accordance with §§ 101-43.311 through 101-43.313, property in its custody that is fprfeited other than by court decree or voluntarily abandoned and not desired for retention by that agency for its official use and property on which proceedings for forfeiture by court decree are being started or have begun, except that:

(1) Reports shall be submitted to the Regional Administrator, GSA Region 3 (mailing address: General Services Administration (3A), Washington, DC 20407), in lieu of being submitted to the GSA regional office for the region in which the property is located,

(2) The reporting agency’s internal documents containing information relevant to the property may be used in lieu of the Standard Form 120, Report of Excess Personal Property; and

(3) Distilled spirits, wine and malt beverages fit for human consumption in quantities of 5 wine gallons or more shall be reported regardless of acquisition cost.

(b) The following information shall be furnished:

(1) Whether property was:(i) Abandoned;


(ii) Forfeited other than by court decree; or

Oil) The subject of a court proceeding and, if so, the name of the defendant and the place and judicial district of the court from which the decree has been or will be issued;

(2) Existence or probability of a lien or claim of lien, or other accrued or accruing charges, and the amount involved; and

(3) If the property is distilled spirits, wine, or malt beverages: Quantities and kinds (rye or bourbon or other whiskey and its brand, if any; sparkling or stilf wine and its color or brand; cordial, brandy, gin, etc,), proof rating, and condition for shipping.

(c) In addition to the exceptions and special handling described in §§ 101- 43.312 and 101-43.313, the following forfeited or voluntarily abandoned property need not be reported:

(1) Forfeited arms' or munitions of war which are handled pursuant to 22 U.S.fc. 401;

(2) Forfeited^ firearms which are transferable by the holding agency to the Secretary of Defense;

(3) Abandoned, condemned, or forfeited tobacco, snuff, cigars, or cigarettes which the holding agency estimates will not, if offered for sale by competitive bid, bring a price equal to the internal revenue tax due and payable thereon; and which is subject to destruction or delivery without payment of any tax to any hospital maintained by the United States for the use of present or former members of the military or naval forces of the United States;

(4) Forfeited distilled spirits (including alcohol), wine, and malt beverages not fit for human consumption nor for medicinal, scientific, or mechanical purposes. (Domestic forfeited distilled spirits, wine, and malt beverages which were not produced at a registered distillery, winery, or brewery or which are in containers that have been opened or entered shall be regarded as not fit for human consumption. (See § 101- 48.302 for disposition.));

(5) Distilled spirits, wine, and malt beverages in any one seizure of less than 5 wine gallons (see §§ 101-48.201-5 and 101-48.302 for disposition);

(6) Effects of deserters from the Coast Guard or the military services, or of deceased persons of the Coast Guard or the military services, or of deceased inmates of naval or soldiers’ homes or Government hospitals;

(7) Seeds, plants, or misbranded packages seized by the Department of Agriculture pursuant to authorities provided by law;

(8) Game and equipment (other than vessels, including cargo) seized by the Department of the Interior pursuant to authorities provided by law;

(9) Files of papers, all dead and undeliverable mail matter, and nonmailable matter in the custody of the Postmaster General;

(10) Infringing articles in the custody of the Patent Office, Department of Commerce;

55815

(11) Unclaimed and abandoned personal property subject to applicable customs laws and regulations;

(12) Collection seizures to satisfy tax liens and property acquired by the United States in payment of or as security for debts arising under the internal revenue laws;

(13) Property, the vesting and disposition of which is controlled by the provisions of 38 U.S.C. 5201 (et seq.), Disposition of deceased veterans’ personal property; and

(14) Motor vehicles which are 4 or more years old.

(d) The general rule for reporting specified in this § 101-48.101-5 is modified with respect to the following:

(1) Controlled substances (as defined in § 101-43.001-4), regardless of quantity, condition, or acquisition cost, shall be reported to the Drug Enforcement Administration, Department of Justice, Washington, D.C. 20537;

(2) Forfeited firearms not desired for retention by the seizing agency, except those covered by (c) (1 ) and (2), above, shall be reported provided such firearms are in excellent serviceable condition and known to be used for law enforcement or security purposes or are sufficiently unusual to be of interest to a Federal museum. Forfeited firearms not reportable in accordance with the foregoing criteria shall be destroyed and disposed of pursuant to § 101-48.303;

(3) Property forfeited other than by court decree which is suitable for human consumption or which may be used in the preparation of food may be immediately transferred by the agency having custody to the nearest Federal agency known to be a user of such property, without specific authorization from GSA;

(4) Vessels of 1,500 gross tons or more which the Maritime Administration determines to be merchant vessels or capa- able of conversion to merchant use shall be reported to the Maritime Administration;

(5) Property seized by one Federal agency but adopted by another for prosecution under laws enforced by the adopting Federal agency shall be reported by the adopting agency to the extent and in the manner required by this Subpart 101-48.1 ; and

(6) Lost, abandoned, or unclaimed personal property controlled by the provisions of 10 U.S.C. 2575 shall be disposed of as provided by 10 U.S.C. 2575 and regulations issued thereunder by appropriate authority.

(e) Property not required to be reported pursuant to this § 101-48.101-5 and not excepted or modified with respect to reporting pursuant to this § 101- 48.101-5 shall be handled as set forth in § 101-43.306.§ 101-48.101—6 Transfer to other Fed

eral agencies.(a) Normally, the transfer of forfeited

or voluntarily abandoned personal property shall be accomplished by submitting for approval a Standard Form 122, Transfer Order-Excess Personal Property (see § 101-43.4901-122), or any



other transfer order form approved by GSA, to the Regional Administrator, GSA Region 3 (mailing address: General Services Administration (3A), Washington, D.C. 20407), for approval.

(b) Except for property which is subject to court action, the transfer order shall indicate the agency having custody of the property, the location of the property, the report or case number on which the property is listed, the property required, and the fair value, if applicable.

(c) Property subject to court action, may be requested by submitting a- transfer order or a letter setting forth the need for the property by the agency. If proceedings for the forfeiture of the property by court decree are being started or have begun, .application will be made by GSA to the court, prior to entry of a decree, for an order requiring delivery of the property to an appropriate recipient for its official use.

(d) Transfers of forfeited or voluntarily abandoned distilled spirits, wine, and malt beverages shall be limited to those for medicinal, scientific, or mechanical purposes or for any other official purposes for which appropriated funds may be expended by a Government agency. Transfer orders shall be signed by the head of the requesting agency or his designee. Where officials are designated to sign, the Regional Administrator, GSA Region 3 (mailing address: General Services Administration (3A), Washington, D.C. 20407), shall be advised of designees by letter signed by the head .of the agency concerned. No transfer order will be acted upon unless it is signed as provided herein.

(e) Transfer orders requesting the transfer of forfeited or voluntarily abandoned firearms shall set forth the need for the property by the requesting agency.

(f) Any property transferred for official use under this Subpart 101-48.1 shall thereupon lose its identity as forfeited or voluntarily abandoned property. When no longer required for official use, it shall be reported as exess in accordance with § 101-43.311.§ 101—4-8.101—7 Reimbursement and

costs incident to transfer.(a) Reimbursement upon transfer of

personal property forfeited or voluntarily abandoned other than by court decree shall be accordance with § 101-43.- 315-3.

(b) Reimbursement for judicially forfeited property shall be in accordance with provisions of the court decree.

(c) Commercial charges incurred at the time of and subsequent to forfeiture or voluntarily abandonment but prior to transfer shall be borne by the transferee agency when billed by the commercial organization.

(d) The direct costs incurred by the holding agency prior to the transfer of forfeited or voluntarily abandoned property shall be borne by the transferee agency when billed by the holding agency. Overhead or administrative costs or charges shall not be included. Only costs set forth in 40 U.S.C. 304j, such as

storage, packing, preparation for shipment, loading, and transportation shall be recovered by the holding agency.§ 101-48.101-8 Billing.

(a) Each holding agency shall be responsible for billing and collecting the costs of care and handling, as well as the fair value of property transferred to other agencies, when such reimbursement is required in accordance with § 101-43.315-3.

(b) Commercial organizations accruing charges prior to transfer shall be responsible for billing and collecting these charges from the transferee agency.§ 101—48.101—9 Disposition of pro

ceeds.Where reimbursement for fair value is

to be made in accordance with § 101-43.- 315-3, the fair value proceeds shall be deposited in the Treasury to miscellaneous receipts or in the appropriate agency account by the transferor agency.§ 101—48.102 Abandoned or other un

claimed property.§ 101—48.102—1 Vesting of title in the

United States.Abandoned or other unclaimed prop

erty, subject to the provisions of section 203 (m) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484(m)), shall re-, main in the custody of and be the responsibility of the agency finding such property. The property shall be held for a period of 30 days from the date of finding such property. Upon expiration of this 30-day period, title to such property vests in the United States, except that title reverts to the owner where a proper claim is filed by the owner prior to official use or transfer for official use and, if there is no official use or transfer for official use, prior to sale of the property.§ 101-48.102-2 Reporting.

(a) Abandoned or other unclaimed property not utilized by the holding agency shall be reported and handled in the same manner as excess property under Subpart 101-43.3, except as provided in § 101-48.102-2(b).

(b) Abandoned or other unclaimed property which, by the provisions of § 101-43.311, is not required to be reported and which is not otherwise transferred pursuant to Subpart 101-43.3, shall be subject to the provisions of Subpart 101-48.3.§ 101—48.102—3 Reimbursement.

Reimbursement of fair market value, as determined by the head of the finding or transferor agency, shall be required in connection with official use by the finding agency or transfer for official use of abandoned or other unclaimed property. Fair market value as used herein does not mean fair value as determined under § 101-43.315-3.§ 101—48.102—4 Proceeds.

Reimbursement for official use by the finding agency or transfer for official use of abandoned or other unclaimed prop

erty shall be deposited in a special fund by the finding or transferor agency for a period of a t least 3 years. A former owner may be reimbursed from the special fund, based upon a proper claim made to the finding or transferor agency and filed within 3 years from the date of vesting of title in the United States. Such reimbursement shall not exceed fair market value a t the time title was vested in the United States, less the costs incident to the care and handling of such property as determined by the head of the agency concerned.Subpart 101-48.2— Donation of Abandoned and Forfeited Personal Property§ 101—48.200 Scope of subpart.

This Subpart 101-48.2 prescribes the policies and methods governing the donation by Federal agencies of abandoned and forfeited property in their custody or control in the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Virgin Islands.§ 101—48.201 Donation of forfeited dis

tilled spirits, wine, and malt beverages.

§ 101-48.201-1 General.Forfeited distilled spirits, wine, and

malt beverages for which there is no Federal utilization shall be made available to appropriate eleemosynary institutions prior to other disposition.§ 101—48.201—2 Establishment of eligi

bility.Eleemosynary institutions desiring to

obtain available distilled spirits, wine, and malt beverages shall submit GSA Form 18, Application of Eleemosynary Institution (see § 101-48.4902-18), to the General Services Administration (3FW), Washington, D.C. 20407. The Office of Management and Budget Approval Number 29-R0012 has been assigned to this form.§ 101—48.201—3 Requests by institu

tions.Eligible institutions desiring to obtain

available distilled spirits, wine, and malt beverages shall show on the GSA Form 18, Application of Eleemosynary Institution, the kind and quantity desired. The Federal Supply Service, GSA Region 3, will inform the eligible institution when such alcoholic beverages become available, request confirmation that the institution’s requirement is current, and inform the institution that shipment will be initiated upon such confirmation.§ 101—48.201—4 Filling requests.

The GSA Regional Administrator, Region 3, will authorize the seizing agency to fill such requests as he may determine proper to ensure equitable distribution among requesting institutions.§ 101—48.201—5 Donation of lots not re

quired to be reported.Forfeited distilled spirits, wine, and

malt beverages not required to be reported under § 101-48.101-5 may be donated to eleemosynary institutions known to be eligible therefor if the bev-

FEDERAL REGISTER, VOl. 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977

RULES AND REGULATIONS 55817

erages are determined by the seizing agency, to be suitable for human consumption. The holding agency shall promptly report such donations by letter to the General Services Administration (3FW), Washington, DC 20407. This report shall state the quantity and type so donated, the name and address of the donee institution, and the date of thè donation.§ 101—48.201—6 Packing and shipping

costs.The receiving institution shall pay all

costs of packing, shipping, and transportation.Subpart 101-48.3— Disposal of Abandoned and Forfeited Personal Property§ 101—48.300 Scope of subpart.

This Subpart 101-48.3 prescribes the policies and methods governing the disposal of abandoned or other unclaimed, voluntarily abandoned, or forfeited personal property which may come into the custody or control of any Federal agency in the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Virgin Islands. Property in this category located elsewhere shall be disposed of under the regulations of the agency having custody thereof.§ 101—48.301 General.

Any property in the custody of a Federal agency which is not desired for retention by that agency nor utilized within any Federal agency in accordance with Subpart 101-48.1 nor donated in. accordance with Subpart 101-48.2 shall be disposed of in accordance with the provisions of this Subpart 101-48.3.§ 101—48.302 Distilled spirits, wine, and

malt beverages.(a) Distilled spirits, wine, and malt

beverages (as defined in § 101-48.001) which are not required to be reported under § 101-48.101-5 (c) (4) shall be destroyed as prescribed in § 101-48.302 (b) ; distilled spirits, wine, and malt beverages which are not required to be reported under § 101-48.101-5 (c) (5) and which have not been donated as prescribed in Subpart 101-48.2 shall be destroyed in like manner.

(b) When reportable abandoned or forfeited distilled spirits, wine, and malt beverages are not retained by the holding agency, transferred to another agency, or donated to an eleemosynary institution by GSA, the Regional Administrator, General Services Administration, Region 3, will issue clearance to the agency which submitted the report as prescribed by § 101-48.101-5 for destruction of the distilled spirits, wine, and malt beverages. A record of the destruction showing time, place, and nomenclature and quantities destroyed shall be filed with papers and documents relating to the abandonment or forfeiture.§ 101—48.303 Firearms.

Abandoned or forfeited firearms or voluntarily abandoned firearms shall not

be sold ms firearms. They may be disposed of by sale as scrap in the manner pre-

! scribed in § 101-45.309-4.§ 101—48.304 Property other than dis

tilled spirits, wine, and malt beverages and firearms.

(a) Property forfeited other than by court decree or voluntarily abandoned, except distilled spirits, wine, and malt beverages and firearms, which is not returned to a claimant, retained by the agency of custody, or transferred in accordance with Subpart 101-48.1 may be released to the holding agency by the Regional Administrator, General Services Administration, Region 3, for public sale except as otherwise provided by law.

(b) Abandoned or other unclaimed property which is not retained by the holding agency, not transferred to another agency, or not required to be reported by the provisions of § 101-48.102, may be reported for sale to the appropriate selling activity at any time after title vests in the United States as provided in § 101-48.102-1.

(c) Voluntarily abandoned, abandoned, or other unclaimed property and, in the absence of specific direction by a court, forfeited property, normally shall be sold by competitive bid as prescribed in § 101-45.304-1, subject to the same terms and conditions as would be applicable to the sale of surplus personal property. Voluntarily abandoned, abandoned, or other unclaimed property and forfeited property may be sold also by negotiation at the discretion of the selling agency but only under the circumstances set forth in § 101-45.304-2. Such property shall be identified by the holding agency as abandoned or other unclaimed, voluntarily abandoned, or forfeited property, and shall be reported for sale to the appropriate GSA regional office or to such other agency as otherwise is responsible for selling its surplus personal property unless specifically required by law to be sold by the holding agency.§ 101—48.305 Disposition of proceeds

from sale.§ 101—48.305—1 Abandoned or other

unclaimed property.(a) Proceeds from sale of abandoned

or other unclaimed property shall be deposited in a special fund by the finding agency for a period of 3 years. A former owner may be reimbursed for abandoned or other unclaimed property which had been disposed of in accordance with the provisions of this Subpart 101-48.3 upon filing a proper claim with the finding agency within 3 years from the date of vesting of title in the United States. Such reimbursement shall not exceed the proceeds realized from the disposal of such property less disposal costs and costs of the care and handling of such property as determined by the head of the agency concerned.

(b) Records of abandoned or other unclaimed property shall be maintained in such a manner as to permit identification of the property with the original owner, if known, when such property is

offered for sale. Records of proceeds received from the sale of abandoned or other unclaimed property shall be maintained as part of the permanent file and record of sale until the 3-year period for filing claims has elapsed.§ 101—48.305—2 Forfeited or voluntarily

abandoned property.Proceeds from sale of property which

has been forfeited other than by court decree, by court decree, or which has been voluntarily abandoned, shall be deposited in Ule Treasury of the United States as miscellaneous receipts or in such other agency accounts as provided by law or regulations.

Subparts 101-48.4— 101-48.48 [ Reserved ]

Subpart 101-48.49— Illustrations of Forms

§ 101—48.4900 Scope of subpart.This subpart illustrates forms pre

scribed for use in connection with subject matter covered in this Part 101-48.§ 101—48.4901 [Reserved]§ 101-48.4902 GSA forms.

(a) GSA Form 18, Application of Eleemosynary Institution, is illustrated in this § 101-8.4902 to show the text, format, and arrangement of the form and to provide a ready source of reference.

(b) Copies of the GSA Form 18 may be obtained from the General Services Administration (3FW), Washington, DC 20407.§ 101—48.4902—18 GSA Form 18, Appli

cation of Eleemosynary Institution. Note.—The form illustrated at § 101-48.-

4902-18 is filed with the original document.(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).)

Note; The General Services Administration has determined that this document does not contain a major proposal requiring preparation of an Inflation Impact Statement under Executive Order 11821 and OMB Circular A-107.

Dated: September 29, 1977.J oel W. S olomon,

Administrator of General Services. [PR Doc.77-30473 Piled 10-18-77;8:45 am]

[ 4 1 1 0 - 0 7 ]Title 45— Public Welfare

CHAPTER III— OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT ENFORCEMENT PROGRAM), DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

PART 302— STATE PLAN REQUIREMENTS Incentive Payments to Political Subdivisions and Other States

AGENCY: Office of Child Support Enforcement (OCSE), Department of Health, Education, and Welfare.ACTION: Final rule.SUMMARY: This amendment changes the rate at which incentives are paid to States and political subdivisions for child support collections used to reimburse



welfare payments. These changes are made in order to implement amendments to section 458 of the Social Security Act, that were made by section 503 of the Tax Reduction and Simplification Act of 1977. This amendment simplifies the complex process of computing incentive payments at two different rates by adopting a flat 15 percent incentive rate.EFFECTIVE DATE: October 1,1977.FOR FURTHER INFORMATION CONTACT:

Suzanne Duval, Office of Child SupportEnforcement, 202-472-4510.

SUPPLEMENTARY INFORMATION: Section 458 of the Social Security Act (42 U.S.C. 658) allows the States and political subdivisions to receive a percentage of those child support collections that are used to reimburse Aid to Families with Dependent Children payments. The rate was fixed at 25 percent for the first 12 months of obligations collected and 10 percent thereafter.

Section 503 of Pub. L. 95-30 eliminates the variable 25 and 10 percent rates and substitutes a flat 15 percent incentive rate. The flat rate provides an important benefit for both the States and the Department. The flat rate eliminates the process of cbmputing which collections are eligible for the 25 percent rate and which are eligible for the 10 percent rate. This change will result in some reduction for the administrative cost burden on both Federal and State governments.'

The Office of Child Support Enforcement finds that there is good cause to dispense with proposed rulemaking. Although several editorial changes have been made to improve the clarity of this regulation, the only substantive change is based on the specific statutory provision in section 503 of the Tax Reduction and Simplification Act of 1977 (Pub. L. 95-30) which leaves no room for alternative interpretations. This section prescribes that the rate to be used in determining incentive payments with respect to eligible collections shall be 15 percent. Also, prompt publication is necessary to ensure implementation of this change prior to its effective date.

45 CFR 302.52 is amended by revising the introductory paragraph and paragraph (a) and (b) to read as follows:§ 302.52 Incentive payments to States

and political subdivisions.The State plan shall provide that the

IV-D agency will use the procedures and criteria set forth below in determining whether incentive payments must be made, the amount of these payments and the manner in which they are to be paid.

(a) Eligibility for incentives. The IV-D agency shall pay incentives to political subdivisions of the State or to another State when both of the requirements set forth below are met.

(1) The political subdivision (or a legal entity of the political subdivision, such as a Prosecuting or District Attorney or a Friend of the Court) or other State makes the enforcement and collection of the support rights assigned under § 232.- 11 of this title (either within or outside of the State making the enforcement and collection).

(2) The enforcement and collection of the assigned support rights are made pursuant to a State IV-D plan.

(b) Payment of incentives. The amount of the incentive payment shall be 15 percent of any amount collected and required to be retained to reimburse assistance payments under § 302.51(b) (2) or (4). The incentive payment shall be made out of amounts which would otherwise be paid to the Federal Government to reimburse its share of assistance payments.

* * 4c * *(Sec. 1102, 49 Stat. 647 (42 U.S.C. 1302).)(Catalog of Federal Domestic Assistance Program No. 13679, Child Support Enforcement Program.)

Note.—The Office of Child Support Enforcement has determined that this document does not require preparation of an Economic Impact Statement under Executive Order 11821 as amended by Executive Order 11949, and OMB Circular A-107.

Dated: September 2, 1977.J. B. Cardwell, Director, Office of

Child Support Enforcement.Approved: October 1,1977.

Joseph A. Califano, Jr.,Secretary of Health, Education,

and Welfare.[FR Doc.77-30527 Filed 10-18-77:8:45 am]

[ 6730- 0 1 ]Title 46— Shipping

CHAPTER IV— FEDERAL MARITIME COMMISSION

[General Order 16, Amendment 21; Docket 77-14]

PART 502— RULES OF PRACTICE AND PROCEDURE

Subpart B— Appearance and Practice Before the Commission Former Employees

October 12,1977.AGENCY: Federal Maritime Commission.ACTION : Correction to final rule.SUMMARY: On October 5, 1977, the Federal Maritime Commission promulgated amendments to 46 CFR 502.32(b) (42 FR 54291). The following corrections are hereby made to those rules: The words “such responsibility” in the last sentence of subparagraph (1) are corrected to read “his or her service with the Commission”; and the words “such responsibility” in the first sentence of subparagraph (2) are corrected to read “his or her service with the Commission”.DATES: To become effective October 5, 1977.FOR FURTHER INFORMATION CONTACT:

Francis C. Humey, Secretary, Federal Maritime Commission, 1100 L Street NW„ Washington, D.C. 20573, 202- 523-5725.

F rancis C. Hurney, Secretary.

[FR Doc.77-30526 Filed 10-18-77;8:45 am]

[ 6 7 1 2 - 0 1 ]Title 47— Telecommunication

CHAPTER 1— FEDERAL COMMUNICATIONS COMMISSION

PART 21— DOMESTIC PUBLIC RADIO SERVICES (OTHER THAN MARITIME MOBILE)

Editorial AmendmentAGENCY: Federal CommunicationsCommission.ACTION: Rule; editorial amendment.SUMMARY: This document corrects a rule because of printing or typing error. No substantive change is involved.EFFECTIVE DATE: October 28, 1977.ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.FOR FURTHER INFORMATION CONTACT:

Patrick Donovan, Common Carrier Bureau, 202-632-6450.

SUPPLEMENTARY INFORMATION:In the matter of editorial amendment

of § 21.44(b) (2) of the Commission’s rules and regulations; Memorandum opinion and order.Adopted: October 13, 1977.Released: October 13, 1977.

1. Section 21.44(b) of the Commission’s Rules provides that a license shall be automatically forfeited upon the expiration date specified therein unless prior thereto an application for renewal has been filed. This Section further sets forth certain circumstances under which the Commission will consider renewal applications filed after the expiration date. It appears, however, that the phrase “is submitted” in (b) (2) of § 21.44 is an erroneous inclusion not dealing with the subject matter of this section. Accordingly the rule will be amended to eliminate that phrase.

2. Since the amendment is editorial the provisions of 5 USC 553 are not applicable.

3. In view of the foregoing, it is ordered, pursuant to Sections 4(i) and 303 (r) of the Communications Act of 1934, as amended, that Part 21 of the Commission’s Rules is amended effective October 28, 1977 as set forth below.(Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C. 154, 303.)

F ederal Communications Commission,

R ichard D. Lichtwardt, Executive Director.

Part 21 of Chapter I of Title 47 of the Code of Federal Regulations is amended to read as follows:

Section 21.44(b) (2) is amended to read as follows:§ 21.44 Forfeiture and termination of

station authorization. * * * * *

(b) * * *(2) I t explains the failure to timely

file a renewal application; and . * * * * *

[FR Doc.77-30521 Filed 10-18-77;8:45 am]



[ 6 7 1 2 -0 1 ][Docket No. 19528]

PART 68— CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

Interstate and Foreign Message Toll Telephone Service (MTS) and Wide Area Telephone Service (WATS)

AGENCY: Federal CommunicationsCommission.ACTION: Memorandum opinion and order; correction.SUMMARY: This document corrects typographical errors and omissions in a final rule which appeared at page 32234 in the Federal Register of Friday, June 24, 1977 and which revised the technical (and certain administrative) requirements of the Federal Communications Commission’s telephone equipment registration regulations. That document was subsequently corrected a t 42 FR 38357, July 28, 1977.EFFECTIVE DATE: July 20, 1977.ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.FOR FURTHER INFORMATION CONTACT:

Mr. William H. vonAlven, Common Carrier Bureau, 202-632-6440.

SUPPLEMENTAL INFORMATION:In the matter of proposals for new or

revised classes of interstate and foreign message toll telephone service (MTS) and wide area telephone service (WATS). Second errata.Released: October 7,1977.

The Memorandum Opinion and Order in this proceeding released June 20,1977, FCC 77-396, is corrected.

FR Doc. 77-17870 appearing at 42 FR 32234, June 24, 1977 is corrected as follows: . '

1. On page 32245, in § 68.302(f): The reference to § 68.308 in the first paragraph is incorrect and should be § 68.310.

2. On page 32247 in § 68.310(f): The reference to Figure 68.310(f) is incorrect and should be Figure 68.310(e).

3. On page 32247 in § 68.312(c) (2): In paragraph (ii) the reference to subsection (b) (1) (ii) is incorrect and should be subsection (b)(2).

4. On page 32248 in § 68.312: The entries in Table I for Ringing Type A are incomplete and should read as follows:

Range of com- Simulated ImpedanceRinging natible ringing ringing voltage limitationtype frequencies superimposed (ohms)(Hertz) on 52.5 V d.c.

| 20±3 ] A \ and }■

l 30±3 )40 to 130 V rms-. i 1400

1 1000• * • ' * •


Vincent J. Mullins,Secretary.

[FR Doc.77-30571 Filed 10-18-77;8:45 am]

[7 0 3 5 -0 1 ]Title 49— Transportation

CHAPTER X— INTERSTATE COMMERCE COMMISSION

SUBCHAPTER A— GENERAL RULES AND REGULATIONS

[Arndt. No. 7 Service Order No. 1188]PART 1033— CAR SERVICE

Chicago, Rock Island and Pacific Railroad Co. Authorized to Operate Over Tracks of Chicago and North Western Transportation Co.

AGENCY: Interstate Commerce Commission.ACTION : Extension of emergency order (Amendment No. 7 to Service Order No. 1188).SUMMARY: This amendment extends^ for six months a service order which authorizes the Chicago, Rock Island and Pacific Railroad Company to operate over tracks owned by the Chicago and North Western Transportation Company at Spring Valley, Illinois. The Chicago and North Western Transportation Company is unable, to operate over its line serving Spring Valley because of track conditions. The order enables the Chicago, Rock Island and Pacific Railroad to provide continued rail service to shippers located on such tracks a t Spring Valley,DATE EFFECTIVE: October 15, 1977. DATE EXPIRES: April 15, 1978.FOR FURTHER INFORMATION CONTACT:

C. C. Robinson, Chief, Utilization and Distribution Branch, Interstate Commerce Commission, Washington, D.C. 20423. Telephone 202-275-7840, Telex 89-2742.

SUPPLEMENTARY INFORMATION: The order is reprinted in full below.

At a Session of the Interstate Commerce Commission, Railroad Service Board, held in Washington, D.C., on the 14th day of October 1977.

Upon further consideration of Service Order No. 1188 (39 FR 24016; 40 FR 2990, 30267; 41 FR 2644, 29387, 45843; and 42 FR 21294), and good cause appearing therefor:

I t is ordered, That:§ 1033.1188 Service Order No. 1188,

Chicago, Rock Island and Pacific Railr road Co. authorized to operate over tracks of Chicago and North Western Transportation Co., be, and it is hereby, amended by substituting the following paragraph (e) for paragraph (e) thereof :

* * * 9fe *(e) Expiration date. This order shall

expire a t 11:59 p.m., April 15, 1978, unless otherwise modified, changed, or suspended by order of this Commission.

Effective date. This amendment shall become effective at 11:59 p.m., October 15, 1977. i -(49 U.S.Ç. 1 (12), (15), (16) and 17(2).)

I t is further ordered, That a copy of this amendment shall be served upon the

Association of American Railroads, Car Service Division, as agent of all railroads subscribing to the car service and car hire agreement under the terms of that agreement, and upon the American Short Line Railroad Association; and that notice of this amendment be given to the general public by depositing a copy in the Office of the Secretary of the Commission at Washington, D.C., and by filing it with the Director, Office of the Federal Register.

By the Commission, Railroad Service Board, members Joel E. Bums, Robert S. Turkington and John R. Michael. Member John R. Michael not participating.

H. G. H omme, Jr., Acting Secretary.

[FR Doc.77-30532 Filed 10-18-77;8:45 am]

[7 0 3 5 -0 1 ][Amdt. No. 1; Service Order No. 1279]

PART 1080— CONTRACTS, FORWARDERS— MOTOR COMMON CARRIERS

Freight Forwarders of Export Traffic Authorized To Operate to Any Available Atlantic or Gulf Coast Port in the United States and to Any Port in Dominion of Canada

AGENCY: Interstate Commerce Commission.ACTION: Emergency Order (Amendment No. 1 to Service Order No. 1279).SUMMARY: Because of a labor dispute a t Atlantic and Gulf ports, freight forwarders of export freight are unable to operate in the ports designated by their operating permits. Service Order No. 1279 authorizes these freight forwarders to operate through any available Atlantic or Gulf port or through any available Canadian port. Amendment No. 1 extends Service Order No. 1279 until October 31, 1977.DATES: Effective 11:59 p.m., October 14, 1977. Expires 11:59 p.m., October 31, 1977.FOR FURTHER INFORMATION CONTACT:

C. C. Robinson, Chief, Utilization and Distribution Branch, Interstate Commerce Commission, Washington, D.C. 20423; Telephone (202-275-7840, Telex 89-2742.

SUPPLEMENTARY INFORMATION: The Order is printed in full below.

At a Sessiqn of the Interstate Commerce Commission, Railroad Service Board, held in Washington, D.C., on the 14th day of October, 1977.

Upon further consideration of Service Order No. 1279 (42 F.R. 54552) and good cause appearing therefor:

It is ordered, That :§ 1080.1279 Service Order No. 1279,

Freight forwarders of export traffic authorized to operate to any available Atlantic or Gulf Coast port in the United States and to any port in Dominion of Canada, be, and it is hereby, amended by substituting the following paragraph(e) for paragraph (e) thereof:

* * * * *

FEDERAL REGISTER, VOL. 42, NO. 202— WEDNESDAY, OCTOBER T9, 1977


(e) Expiration date. The provisions of this order shall expire a t 11:59 p.m., October 31, 1977, unless otherwise modified, changed, or suspended by order of this Commission.

Effective date. This amendment shall become effective at 11:59 p.m., October 14, 1977.(49 U.S.C. 1(15 and 16), 17(2) and 420.)

It is further ordered, That copies of this order shall be served upon all freight forwarders; and that notice of this order shall be given to the general public by depositing a copy in the Office of the Secretary of the Commission at Washington, D.C., and by filing it with the Director, Office of the Federal Register.

By the Commission, Railroad Service Board members Joel E. Bums, 'Robert S. Turkington and John R. Michael. Member John R. Michael not participating.

H. G. H omme, Jr., Acting Secretary.

[FR Doc.77-30533 Filed 10-18-77:8:45 am]

[ 4 3 1 0 - 5 5 ]Title 50— Wildlife and Fisheries

CHAPTER I— U.S. FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIORSUBCHAPTER B— TAKING, POSSESSION, TRANS

PORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE

PART 20— MIGRATORY BIRD HUNTINGEmergency Amendment Regarding the Use

of Steel Shot for Waterfowl HuntingAGENCY: Fish and Wildlife Service, In terior.

ACTION: Final rule.SUMMARY: This rule terminates the regulation requiring use of non-toxic shot for waterfowl hunting in designated zones in Iowa for the remainder of the 1977 waterfowl hunting season. This is due to a lack of availability of non-toxic shot shells in the State. This rule will permit hunters to hunt waterfowl with toxic shot in non-toxic shot zones in Iowa beginning on October 22,1977 and for the remainder of the current waterfowl hunting season.EFFECTIVE DATE: October 22, 1977.FOR FURTHER INFORMATION CONTACT:

Robert I. Smith, Special Projects Coordinator, Office of Migratory Bird Management, Fish and Wildlife Service, U.S. Department of the Interior, Washington, D.C. 20240, 202-343-8827.

SUPPLEMENTARY INFORMATION: On April 28, 1977, the Service published in the F ederal R egister (42 FR 21618) descriptions of certain areas in the State of Iowa in which non-toxic shot regulations would be applicable for water-fowl hunting in seasons commencing in 1977. During the last week of August 1977 a survey of stores that sell ammunition in the State of Iowa indicated that supplies of shotshells loaded with steel shot were available. The hunting season in Iowa opened on October 1, 1977. On October 12,1977 a survey of stores indicated that supplies of non-toxic ammunition were exhausted. New shipments of this ammunition were not expected prior to November 15, 1977. Therefore, the Service

in consultation with the State has decided to remove the requirement of nontoxic shot for waterfowl hunting in those portions of Iowa described in 42 FR 21618. This amendment is applicable only to the period October 22 through December 9, 1977 in the Counties of Fremont and Mills in Iowa. Since it is found that immediate corrective action is required, notice, and public procedure is deemed impractical and contrary to the public interest, therefore, this shall become effective October 22, 1977.

This final rulemaking was authored by Robert I. Smith, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, Washington, D.C. 20240, 202-343-8827.§ 20.108 [Amended]

Accordingly, the Service amends 50 CFR, Chapter 1, Subchapter B, Subpart K by adding the following to that portion of § 20.108 which describes the non-toxic shot zones for Iowa.

In the areas described above in the State of Iowa use of non-toxic shot for waterfowl hunting will not be required from October 22, 1977 through December 9, 1977.

Note.—The Fish and Wildlife Service has determined that this ruling does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11949 and OMB Circular A-107.

Dated: October 14, 1977.Ly n n A. G reenwalt,

Director, U.S. Fish and Wildlife Service.

[FR Doc.77-30688 Filed 10-18-77; 10:10 am]

FEDERAL REGISTER, VOL 42, NO. 202—WEDNESDAY, OCTOBER 19, 1977

55821

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

proposed rules

part shall be two and one-half cents ($0,025) per carton of assessable lettuce handled by him as the first handler during the fiscal period.

(c) Unexpended income in excess of expenses for the fiscal period may be carried over as a reserve to the extent authorized in § 971.43(a) (2).

(d) Terms used in this section have the same meaning as when used in the marketing agreement and this part.

Dated: October 14,1977.Charles R. B rader,

Deputy Director, Fruit and Vegetable Division, Agricultural Marketing Service.

§ 982.322 Expenses of the Filbert Control Board and rate of assessment for the 1977—78 fiscal year.

(a) Expenses that are reasonable and likely to be incurred by the Filbert Control Board during the period August 1, 1977, through July 31, 1978, will amount to $38,630.

(b) The rate of assessment for said period payable by each handler in accordance with § 982.61, is fixed at 0.2125 cent per pound of filberts.


- Deputy Director, Fruit and Vegetable Division.

[3410-02 ]DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service [ 7 CFR Part 971 ]

LETTUCE GROWN IN LOWER RIO GRANDE VALLEY IN SOUTH TEXAS

Proposed Expenses and Rate of Assessment

AGENCY : Agricultural Marketing Service, USDA.ACTION : Proposed rule.SUMMARY: This notice invites written comments on proposed expenses of $22,000 and a rate of assessment of two and one-half cents ($0,025) per carton of lettuce for the functioning of the South Texas Lettuce Committee. The regulation would authorize the committee to collect assessments from first handlers on lettuce handled and to use the resulting funds for its expenses.DATES: Comments due November 3, 1977.ADDRESSES : Comments should be sent to: Hearing Clerk, Room 1077, South Building, U.S. Department of Agriculture, Washington, D.C. 20250. Two copies of all written materials shall be submitted. Comments will be made available for public inspection at the oflice of the Hearing Clerk during regular business hours.FOR FURTHER INFORMATION CONTACT:

Charles R. Brader, Deputy Director, Fruit and Vegetable Division, AMS, U.S. Department of Agriculture, Washington, D.C. 20250, telephone 202-447- 3545.

SUPPLEMENTARY INFORMATION : Marketing Agreement No. 144 and Order No. 971 regulate the handling of lettuce grown in Cameron, Hidalgo, Starr, and Willacy Counties in Texas. The program is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674). The South Texas Lettuce Committee, established under the order, is responsible for its local administration.

The proposals are as follows :§ 971.217 Expenses and rate of assess

ment.(a) The reasonable expenses that are

likely to be incurred during the fiscal period ending July 31,1978, by the South Texas Lettuce Committe for its maintenance and functioning and for such purposes as the Secretary determines to be appropriate will amount to $22,000.

(b) The rate of assessment to be paid by each handler in accordance with this

[FR Doc.77-30529 Filed 10-18-77;8:45 am]

[ 3410- 02][ 7 CFR Part 982 ]

FILBERTS GROWN IN OREGON AND WASHINGTON

Proposed Expenses and Rate of Assessment

AGENCY : Agricultural Marketing Service, USDA.

[FR Doc.77-30531 Filed 10-18-77:8:45 am]

[ 3410-02 ][ 7 CFR Part 984 ]

WALNUTS GROWN IN CALIFORNIAProposed Expenses and Rate of

AssessmentAGENCY : Agricultural Marketing Service, USDA.ACTION : Proposed rule.

ACTION : Proposed rule.SUMMARY: This notice invites written comments on proposed expenses and a rate of assessment for the 1977-78 fiscal year, to be collected from handlers i;o support activities of the Filbert Control Board which locally administers the Federal marketing order covering Oregon and Washington filberts,DATES: Comments must be received on or before November 4,1977. Proposed effective dates: August 1, 1977, through July 31,1978.ADDRESSES: Send two copies of comments to the Hearing Clerk, UJS. Department of Agriculture, Room 1077, South Building, Washington, D.C. 20250, where they will be available for public inspection during business hours (7 CFR 1.27(b)).FOR FURTHER INFORMATION CONTACT:

Charles R. Brader, 202-447-3545.SUPPLEMENTARY INFORMATION: The proposals under consideration were submitted by the Board, established under the marketing agreement and Order No. 982, both as amended (7 CFR Part 982), regulating the handling of filberts grown in Oregon and Washington, effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), as the agency to administer this program’s terms and provisions.

The proposals are:

SUMMARY: This notice invites written comments on proposed expenses and a rate of assessment for the 1977-78 marketing year, to be collected from handlers to support activities of the Walnut Marketing Board which locally administers the Federal marketing order covering California walnuts.DATES: Comments must be received on or before October 31, 1977. Proposed effective dates: August 1, 1977, through July 31,1978.ADDRESSES: Send two copies of comments to the Hearing Clerk, U.S. Department of Agriculture, Room 1077, South Building, Washington, D.C. 20250, where they will be available for public inspection during business hours (7 CFR 1.27 (b)). .FOR FURTHER INFORMATION CONTACT:

Charles R. Brader, 202-447-3545. SUPPLEMENTARY INFORMATION : The proposals under consideration were submitted by the Board, established under the marketing agreement, and Order No. 984, both as amended (7 CFR Part 984), regulating the handling of walnuts grown in California, effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), as the agency to administer tffis program’s terms and provisions.

The proposals are:FEDERAL REGISTER, VOL. 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977

55822 PROPOSED RULES

§ 984.329 Expenses of the Walnut Marketing Board and rate of assessment for the 1977—78 crop year.

(a) Expenses that are reasonable and likely to be incurred by the Walnut Marketing Board during the period August 1,1977 through July 31,1978, will amount to $265,400.

(b) The rate of assessment for said period, payable by each handler in accordance with § 984.69 is fixed a t 0.25 cent per kernel-weight pound for certified merchantable walnuts.


Deputy Director,Fruit and Vegetable Division.

[PR Doc.77-30530 Filed 10-18-77; 8:45 am]

[ 6720-01 ]FEDERAL HOME LOAN BANK BOARD

[ 12 CFR Part 545 [No. 77-605]

APPLICATIONS TO ESTABLISH SATELLITE OFFICES

Proposed RuleOctober 6, 1977.

AGENCY : Federal Home Loan Bank Board.ACTION: Proposed rule.SUMMARY: The proposed amendments would (1) delete the present requirement that a satellite office be located within 5 miles of the office of which it is a satellite, (2) add a limitation that a protestant may require oral argument on a satellite application only if the Board’s Principal Supervisory Agent considers the protest to be substantial, and (3) transfer from Supervisory Agents to Principal Supervisory Agents authority to approve certain applications to establish satellite offices. Deletion of the 5-mile limitation would remove a restriction the Board believes may (1) be unnecessary and (2) prevent establishment of some useful satellite offices, especially in rural areas. The other proposed amendments would facilitate processing of satellite office applications by authorizing the Board’s Principal Supervisory Agents to approve certain satellite applications and. permitting such agents and the Board to consider any such application without regard to protests determined to be not substantial under the criteria governing consideration of branch applications.DATES: Comments must be received on or before November 21, 1977.ADDRESSES: Send comments to the Office of the Secretary, Federal Home Loan Bank Board, 320 First Street NW., Washington, D.C. 20552. Comments available for public inspection at this address.FOR FURTHER INFORMATION CONTACT:

Harry K. Quillian, Associate General Counsel, Federal Home Loan Bank Board, 202-376-3556, a t the above address.

SUPPLEMENTARY INFORMATION: This proposal would revise paragraphs(b) , (f), (g), and (h) of § 545.14-5 for the purpose of conforming certain regulations regarding approvals and protests of satellite office applications with the present regulations regarding approvals and protests of branch office applications. The principal effects of these changes would be to add a “substantial protest” provision to the satellite regulations of the same type now in the Board’s branching regulations and authorize the Principal Supervisory Agents to approve satellite applications not subject to a substantial protest, provided certain other regulatory criteria are satisfied.

The proposal would revise paragraph(c) (6) of § 545.14-5 by deleting the present requirement that a . satellite office be located within 5 miles of the office of which it is a satellite (retaining the requirement that a satellite office be within the primary service area of the office of which it is a satellite at the time of the filing of the application for permission to establish the satellite office). This regulatory liberalization is intended to permit applicants to furnish expanded savings and loan services in rural and other areas where the present 5-mile limitation precludes establishment of satellite offices.

Accordingly, the Board proposes to amend Part 545 of the rules and regulations for the Federal Savings and Loan System (12 CFR Part 545) by revising paragraph (b), subparagraph. (6) of paragraph (c), subparagraphs (3), (4), and (5) of paragraph W , paragraph (g), and paragraph (h) of § 545.14-5 to read as set forth below.§ 545.14—5 Satellite office.

• * * * *- (b) General provisions. A Federal as

sociation shall not establish a satellite office without prior approval of the Board or its Principal Supervisory Agent as provided in this section. All requests by a Federal association for advice or instructions with respect to any matter arising under this section shall be addressed to the Board’s Supervisory Agent. As used in this section: (1) the term “Principal Supervisory Agent” means the President of the Federal Home Loan Bank of the district in which the applicant’s home office is located or, during the absence or incapacity of such President for a period exceeding ten business days, any other officer or employee of such Bank designated (with respect to the specific absence or incapacity) by such President with the written consent of at least two of the Members of the Board; and (2) the term “Supervisory Agent” means the Principal Supervisory Agent or any other officer or employee of such Bank designated by the Board as agent as provided by §§ 501.10 and 501.11 of this chapter. All recommendations by Supervisory Agents and by officers and employees of the Board in connection with satellite office applications shall be deemed privileged and confidential and subject to the provisions of § 505.6 of this chapter.

(c) Specific provisions. Each applica- lite office will be considered or processed under this section. Approval of such an application will be subject to the following provisions and any other conditions, requirements, and limitations the Board may specify in a particular case:

♦ * * * #

(6) A satellite office must be located within the primary service area of the Federal association’s home or branch office of which it is a satellite, as determined by the Board or Supervisory Agent as of the time of the filing of the application for permission to establish the satellite office. No satellite office may be established outside the State in which the Federal association’s home office is located.

* * * . * *

(f) Processing of application by Supervisory Agent; public notice; inspection. * * *

(3) Within 10 days (or within 30 days if advice is filed within the first 10 days stating that more time is needed to furnish additional information) after the date of publication of said notice, any person may file, at the office of the supervisory Agent designated in the notice, communications, including briefs, in favor or in protest of the application. Within 10 days after the date a communication (or additional information, if any) in protest of an application is timely filed in accordance with the provisions of the first sentence of this subparagraph, the Principal Supervisory Agent shall advise the applicant and the protestant, in writing, whether the Protestant’s communication is considered to be “substantial” under subparagraph(4) of this paragraph. If any communication is filed in protest of the application, the applicant may file information relevant to such protest within 15 days after the last date for filing communications (or additional information, if any) pursuant to the first sentence of this subparagraph or waive the right to file such information. Information may be submitted in connection with an application only as provided in this section, unless additional information is requested by the Supervisory Agent or otherwise by or on behalf of the Board. Four copies shall be furnished of any communication or information filed pursuant to this subparagraph.

(4) (i) For the purposes of subparagraph (3) of this paragraph and paragraphs (g) and (h) of this section, a communication in protest of an application shall be considered “substantial” only when such communication consists of, or is supported by, a memorandum, brief or affidavit, or any combination thereof, setting forth a t least the following:

(a) A statement summarizing the reasons for the protest;

(b) A list of specific matters in the application to which the protestant objects, together with the reasons for each such objection;

(c) A statement of the facts supporting the protest, including relevant economic or financial data; and


PROPOSED RULES 55823

(d) A statement of any adverse effects on the protestant which may result from approval of the application.

(ii) In the event of any controversy whether a particular communication in protest should be considered “substantial”, the final determination shall be made by the Principal Supervisory Agent.

(5) The application, together with all communications in favor or in protest thereof, shall be available at the office of the Supervisory Agent during regular working hours for inspection by any person after issuance to the applicant of advice to publish a notice. Prior thereto, the application and the fact that it has been filed shall be held as confidential, except to the extent provided otherwise in a working understanding between the Board and a State agency which regulates State-chartered savings and loan associations.

(g) Approval by Principal Supervisory Agent. The Principal Supervisory Agent is authorized to approve, on behalf of the Board, an application for permission to establish a satellite office if the following conditions have been met:

(1) No substantial protest has been made to the approval of the application;

(2) The Principal Supervisory Agent is of the opinion that the satellite office will be located within the primary service area of an existing branch office or the home office of the applicant association;

(3) The Principal Supervisory Agent is of the opinion that operation of the satellite office at its proposed location will not cause undue injury to properly conducted existing local thrift and home- financing institutions;

(4) In the opinion of the Principal Supervisory Agent, the business of a retail sales establishment or other business organization referred to in paragraph(c) (1) of this section is not inappropriate to the operation of a savings and loan activity in the same location;

(5) (Rescinded, eff. 12-22-75.); and(6) There is no supervisory objection

to approval of the application.The Principal Supervisory Agent shall forward to the Board for its consideration, together with his recommendation, any application which does not meet the requirements of this paragraph. In addition, he shall forward to the Board an application, which, in his opinion, should be approved with a time limit oh the future operation of the satellite office, together with his recommendation as to the period for which the application should be approved. He is not required in approving an application under this section to obtain assurance that the applicable requirements of paragraphs (c) (1) (i) and (ii) of this section will be met, since such requirements are continuing requirements to be observed by the Federal association.

(h) Oral argument—(1) General provisions. In any case in which a communication in protest of an application has been filed within the time specified in subparagraph (3) of paragraph (f) of this section, oral argument on the merits of such application shall be heard upon

the written request of the applicant or of any person who has timely filed a substantial -communication inr protest of such application, if such request is received by the Supervisory Agent within 10 days after the Principal Supervisory Agent has mailed or delivered to the applicant the last written advice specified in the second sentence of subparagraph(3) of paragraph (f) of this section or if such request of a person who has timely filed a substantial communication in protest of such application is received by the Supervisory Agent within 10 days after the Principal Supervisory^ Agent has mailed or delivered to such person the written advice specified in the second sentence of subparagraph (3) of paragraph (f ) of this section. In any case in which no communication in protest of an application has been filed within the time specified in subparagraph (3) of paragraph (f) of this section, oral argument on the merits of such application shall be heard upon the written request of the applicant, if such request is received by the Supervisory Agent within 10 days after expiration of the time specified in said subparagraph for filing communications in protest of such application. Such oral argument shall also be heard if the Supervisory Agent, after review of the application and all pertinent information, considers it desirable. When oral argument is to be held, the Supervisory Agent shall mail a notice, fixing the time and place thereof, to the applicant and to all persons who have filed a communication in protest of the application. Such oral argument shall be scheduled not less than 10 days after the mailing of the notice.

* * * * *

(Sec. 5, 48 Stat. 132, as amended: (12 U.S.C. 1464). Reorg. Plan No. 3 of 1947, 12 FR 4981,3 CFR, 1943-48 Comp., p. 1071.)

By the Federal Home Loan Bank Board.

R onald A. S nider, Assistant Secretary.

[PR Doc.77-30522Filedl0-18-77;8:45 am]

[ 6320-01 ]CIVIL AERONAUTICS BOARD' [ 14 CFR Parts 241, 245,246 ]

[EDR-331C; Docket No. 31205; Dated October 14, 1977J

MODEL CORPORATE DISCLOSURE REGULATIONS

Supplemental Advance Notice of Proposed Rulemaking

AGENCY: Civil Aeronautics Board.ACTION: Supplemental Advance Notice of Proposed Rulemaking.SUMMARY: This notice extends for 9 days the filing date for reply comments in a rulemaking proceeding concerning Model Corporate Disclosure Regulations developed by the Interagency Steering . Committee on Uniform Corporate Reporting. The' extension for the reply comment due date was requested by Transamerica Corporation.

DATE: Reply comments: October 24, 1977.ADDRESSES: Reply comments should be sent to: Docket 31205, Docket Section, Civil Aeronautics Board, Washington, D.C. 20428. Comments may be examined at the Docket Section, Civil Aeronautics Board, Room 711, Universal Building, 1825 Connecticut Avenue, NW., Washing, D.C., as soon as they are received.FOR FURTHER INFORMATION CONTACT:

Stephen Babcock, Office of the General Counsel, Civil Aeronautics Board, 202-673-5442.

SUPPLEMENTARY INFORMATION: By Advance Notice of Proposed Rule- making EDR—331, 42 F.R. 39115, August 2, 1977, the Board gave notice that it desired to solicit public views on whether it can and should adopt the Model Corporate Disclosure Regulations developed by the Interagency Steering Committee on Uniform Corporate Reporting.

By letter received October 13, 1977, Transamerica Corporation requests an extension in the date for filing reply comments to October 24, 1977, on the number of the comments of other parties until well after they were filed, thus leaving an inadequate time in which to prepare a reply.

Upon consideration of the foregoing. I find that good cause has been shown for the granting of the requested extension. Although the date for initial and reply comments has already been extended twice (EDR-331A, 42 F.R. 42691, August 24, 1977; EDR-331B, 42 F.R. 49462, September 27, 1977), I believe that the disadvantage of this additional delay is justified by the importance of allowing all parties sufficient time in which to consider the comments of others before preparing their own reply comiilents. Moreover, it does not appear that this extension will prejudice any party to the proceeding.

Accordingly, pursuant to authority delegated in § 385.20(d) of the Board’s Organization Regulations (14 CFR 385.20(d)), the time for filing reply comments is extended to October 24,1977.(Sec. 204(a) of the Federal Aviation Act of 1958, as amended, 72 Stat. 743 (49 U.S.C. 1324).)

Simon J. Eilenberg, Associate General

Counsel, Rules Division. [FR Doc.77-30648 Filed 10-18-77;8:45 am]

[ 6320- 0 1 ][ 14 CFR Parts 371 ,378a ]

[SPDR—61; Docket No. 31520; Dated October 14, 1977]

INTERIM LIBERALIZATION OF CHARTER RULES

Expedited Rulemaking Proceeding AGENCY: Civil Aeronautics Board. ACTION: Proposed rule.SUMMARY: The Board is instituting this rulemaking proceeding, to be conducted on an expedited basis, for the pur-

FEDERAL REGISTER, VOl. 42, NO. 202— WEDNESDAY, OCTOBER 19. 1977


pose of providing emergency relief for charter services in general and supplemental (charter-only) air carriers in particular. This ¿action is taken on the Board’s initiative in response to recent sharply discounted fares of scheduled carriers which endanger the survival of low-cost charter services. Any regulations adopted in this proceeding would be effective on an interim basis, until completion of a rulemaking which will be instituted shortly to consider a more permanent liberalization of charter rules.DATES: Comments by November 2,1977.ADDRESSES: Interested persons may file comments in this rulemaking by submitting 20 copies of written data, views, or arguments addressed to Docket 31520, Docket Section, Civil Aeronautics Board, 1825 Connecticut Avenue, NW., Washington, D.C. 20428. Individual members of the general public who wish to express their interest as consumers by participating informally in this proceeding may do so by submitting comments in letter form to the same address, without having to file additional copies. Docket comments may be examined a t the Docket Section, Room 711, Universal Building, 1825 Connecticut Avenue, NW., Washington, D.C. as soon as they are received.FOR FURTHER INFORMATION CONTACT:

Stephen Babcock, Office of the General Counsel, Civil Aeronautics Board,202-673-5442.

SUPPLEMENTARY INFORMATION: In the last few months a number of innovative and deeply discounted fares have been offered by scheduled air carriers in markets which are also served by low-priced charter services. Domestically, the low-fare activity began with the introduction, in March, 1977, of a new promotional fare, the “Super- Saver,” by American Airlines, in the New York-Los Angeles/San Francisco markets. Although charter tour operators had argued that the Super-Saver was uneconomic and designed to destroy transcontinental Advance Booking Charter (ABC) services, we permitted the fare to go into effect; however, we expressed reservations about the economic soundness of the fare and instituted an investigation to determine its impact on competitive charter service.1 Subsequently, the Super-Saver fare was adopted by other scheduled carriers and extended to other domestic markets. Since that time, we have allowed other domestic discount fares to become effective—such as TWA’s “Super-CoaCh,” in Chicago-Los Angeles2—despite similar objections by charter operators. Judging from recent fare proposals, e.g., United’s Hawaii GIT fa re3 and TWA’s

1 Order 77-3-80, March 15, 1977.2 Order 77-7-29, July 11, 1977.3 That fare proposal was suspended on Sep

tember 8, 1977, in part because of its potential impact on charters. Order 77-9-23, Docket 31365.

“Super Jackpot” fare to Las Vegas,4 the introduction of sharply discounted scheduled fares in prime domestic charter markets is likely to continue.

A further extension of the recent low- fare activity has occurred in the transatlantic markets. Three months ago we authorized a no-reservation, low-fare scheduled service by Laker Airways between New York and London, which began September 26,1977. In response to Laker’s “Skytrain,” Pan American, TWA, and various IATA carriers sought Board approval of a package of standby, budget, and super-APEX fares for New York- London and several other transatlantic markets. Those fares were opposed by supplemental carriers and tour operators as predatory and potentially ruinous to the transatlantic charter industry. Dining our consideration of the transatlantic discount fares we expressed concern for the financial health of the supplemental carriers operating in that market and announced6 that if we approved the proposed fares we would initiate rulemaking action to consider liberalizing our charter rules.

We subsequently approved the standby fare, but suspended the budget and super-APEX fares.6 On September 26, President Carter modified this decision and permitted all three fares to become effective. In so doing, the President urged the Board to ‘‘give serious attention to reforming present rules covering charter flights to permit those services to be more competitive with the new low fare scheduled flights * * *. Liberalizing charter rules will assist in the expansion of air travel markets and should provide real benefits to consumers and carriers alike.”

Because we believe that the competitive threat to the supplementals of the budget, super-APEX,7 and other low domestic and international scheduled fares is serious and immediate, we are instituting a proceeding for the purpose of liberalizing various charter rules on an accelerated basis. Although the Board considers summary action to be justified under these circumstances, public comment, even if limited by time, is importan t to the agency’s decision.8 Therefore, we are allowing fourteen days for comment on the- rules proposed here. Any regulation adopted in this proceeding would be effective until completion of a

* See complaints in Dockets 31393, 31396, 31404, 31408, and 31409.

6 Order 77-9-15, Septemebr 2, 1977.«Order 77-9-55, September 16, 1977.7 See Id., mimeo, at p. 6.8 On September 30, 1977, four supplemental

air carriers, Capitol International Airways, Overseas National Airways, Trans International Airlines and World Airways, filed an application in Docket 31453 for emergency exemption from various elements of the charter rules. On October 5, 1977, this application was answered jointly by eight trunkline carriers, American Airlines, Braniff Airways, Eastern AifLines, National Airlines, Northwest Airlines, Pan American World Airways, Trans World Airlines and Western Air Lines. To the extent that the application seeks emergency relief other than is granted

longer-term charter rulemaking which we expect to institute in the near future.8

Since the rule changes we are proposing are intended only as short-term relief for -charter services, we have limited our consideration to the most widely used charter types, the Advance Booking Charter (ABC) and the One- stop-inclusive Tour Charter (OTC). In fashioning the relief, we have tried to select amendments which will benefit charter groups already formed as well as charter programs in the stages of planning or early marketing. We have also relied upon the requests contained in the supplemental carriers’ exemption application and recent rulemaking petitions from members of the charter industry as indicative of particular obstacles to charter competition. Without prejudicing our ultimate decision on these matters, we are proposing four principal amendments for this interim period: A 15-day advance purchase period for ABC’s;16 15 percent fill-up sales on ABC’s; intermingling among ABC groups of a single charter operator; and a reduction of the minimum ABC and OTC group size to 20.11Advance P urchase Period and F ill- ups

Under the existing rules an ABC must be purchased at least 45 days (European- ABC’s) or 30 days (all others) before departure. A recurring theme in the recent petitions from supplementals and tour operators is that these advance purchase periods, coupled with the inability to sell available seats after that period, constitute significant obstacles to the marketability of the ABC. These restrictions were adopted a t a time when the ABC was a new and untested charter form, and the Board was fearful that a less restrictive charter would threaten the viability of scheduled services. Under the changed conditions which now exist, charters are no longer the clear leader in price, and a lengthy advance purchase restriction will be an especially unattractive feature of the ABC. We therefore

here, it is hereby denied. The substance of the requests made, however, and the views of the trunkline carriers and others who may answer, will be considered in the proceeding referred to in note 9, infra.

8 Various recent rulemaking petitions filed in response to Skytrain and the scheduled fare reductions, including those of The Educational Cooperative (Docket 31176), Nationwide Leisure Corporation (Dockets 31048 and 31483), Trans International Airlines (Docket 31092), Duncan Tours,. Inc, (Docket 31313), and NACA (Docket 31317) will be addressed in that longer-phase proceeding.

10 The supplemental carriers’ application for exemption also requested an exemption from the OTC advance purchase period, which the Board tentatively decided in open session (September 8, 1977, in Docket 29926) to eliminate. We will deny the request, since that subject is being independently addressed in that proceeding.

11 We are aware that some of these rules, if made final, might face opposition from certain foreign governments. However, especially since these amendments are of a temporary nature, we are not inclined to anticipate possible foreign acceptance problems by adopting rules which differ according to destination of the charter.


PROPOSED RULES 55825propose to allow an advance purchase period of 15 days for all ABC's, and fillups 12 (original sales after the advance booking period) of up to 1§ percent of the seats contracted for. These provisions would enable the ABC to compete more effectively for passengers who prefer to make plans on short notice, and who otherwise might use services such as the budget fare (21-day advance purchase), Skytrain or standby (no advance purchase) .

No change is proposed at this time in the existing provisions in the ABC rule governing substitutions for cancelling passengers (14 CFR 371.14). Thus, substitution of up to 15 percent of non- Eurppean arid 20 percent on European ABC’s would be permitted in addition to any fill-up sales. However, we specifically solicit comment on the advisability of allowing one percentage figure for fill-up sales and substitutions combined—such as 20 or 25 percent—as opposed, to separate percentage limitations for fillups and substitutions, as proposed here.

Intermingling and Minim um -S tay R equirements

One of the deterrents to using the ABC, in comparison to discount scheduled services, is the limited choice of flight dates and trip durations. Nearly all the recent scheduled fare reductions offer the customer greater flexibility in making travel arrangements. For example, the Super-Saver permits trips of any duration from 7 to 45 days, while the super-APEX allows 15 to 45 day stays (with daily departures and return flights in each case). Other low scheduled fares—Skytrain, budget, and standby— offer the convenience of one-way travel. ABC’s, by -contrast, are generally limited to one, two, and three week durations.

In the face of these discount fares on scheduled services, the limited flexibility now present in charter travel is likely to lessen the marketability of the ABC. This is particularly true in the off-peak winter season when there is ample capacity on daily scheduled flights, which permits the passenger a wide choice of travel plans.

Intermingling among ABC groups would allow ABC participants to choose return dates from an operator’s entire charter program. Intermingling would also enable ABC operators to compete for the long-term travelers—such as students, teachers, retirees, etc.—who now

12 We note that when the ABC rule was adopted, the Board decided against allowing 25 percent fill-ups, principally on the ground that such a provision might impair the use of the pre-filed passenger list as the basic enforcement device of the ABC. We do not anticipate any significant enforcement difficulties in this interim period.

find most charters unattractive because of their short duration.18

We are aware that the repeal of the “no intermingling” rule may require changes in our surety bond and depository agreement provisions (14 CFR 371.- 31), and we specifically solicit the suggestions of the public on this point.

Although the supplemental carriers have requested an exemption from the minimum-stay requirements of the ABC (7 days minimum duration for European ABC’s, no minimum on others) and the OTC (4 days for North American OTC’s, 7 days for all others), we are not at this time specifically proposing to grant such relief. However, we solicit comment from the public on this matter, and we may choose to modify or eliminate the minimum-stay requirements upon adoption of a final rule in this proceeding.

Minimum G roup S ize

ABC’s and OTC’s, like other types of charters, are subject to the restriction that at least 40 seats must be allocated to each group. In July of this year the Board announced that it is considering a relaxation of the “minimum 40” group size requirements in all our charter rules.11 That action was in response to a petition from a charter operator and several supporting answers which contended that the minimum 40 rule is a historical anomaly and a hindrance to charter ef* ficiency. It was argued that the restriction raises costs by causing charter seats to remain empty and sometimes results in cancellation of entire flights.

Under present circumstances, we propose to reduce the minimum ABC and OTC size to 20. With the choice of any particular group size is arbitrary to some extent, a minimum of 20 will retain the essential element of group travel in the charter concept while permitting greater efficiency , in charter operations than is possible under the existing rule. Although we had previously raised the possibility that a higher minimum group size should apply to multi-operator split charters than to single-operator splits, in order to lessen the risk of flight cancellation,15 we are not inclined to make any

13 Two recent petitions for rulemaking reflect the dissatisfaction of long-term travelers with the existing charter rules. In Docket 31176, The Educational Cooperative seeks establishment of an “International Student Charter.” In Docket 31325, Council on International Educational Exchange requests authorization of a special “Student/Teacher Charter.” Those petitions will be addressed in the later rulemaking examining more permanent charter liberalization, but we should note at this time that we do not intend, by relaxing the intermingling rule, to permit the purchase of round trips with open returns.

14 Advance Notice of Proposed Rulemaking EDR-329/SPDR-59, July 21, 1977, 42 FR 38186, July 27,1977. Docket 30766.

“ Id., mimeo, at p. 4.

distinction between those types of split charters with respect to group size for this interim period.18 That question, along with the other issues raised in this proceeding, will be considered anew in the course of the rulemaking to follow.

As a final matter, it appears to us that the action proposed here is neither a major Federal action for which an environmental impact statement is required under the National Environmental Policy Act of 1969 and implementing regulations (14 CFR Part 312), nor a major regulatory action under the Energy Policy and Conservation Act and our regulations implementing that statute (14 CFR Part 313). We specifically solicit the views of the public on both of these issues in order to assist us in determining whether these tentative conclusions are correct and should be made final.

Accordingly, the Civil Aeronautics Board hereby proposes to amend Parts 371 and 378a of its Special Regulations 14 CFR Parts 371 and 378a) as set forth below.

P roposed R ule

PART 371— ADVANCE BOOKING CHARTERS

1. Amefid the table of contents by redesignating § 371.14 as indicated in item 4, below, and by deleting and reserving § 371.12, No intermingling of passengers. Sec.

* * * * * 371.12 [Reserved]

* * * * • 371.14 Substitution and fill-up sales.

2. Revise paragraph (b> of § 371.10 to read as follows:§ 371.10 Advance booking charter gen

eral requirements.(a) * * *(b) The charter contract must be for

20 or more seats.§ 371.12 [Reserved]

3. Revoke and reserve d 371.12, No intermingling of passengers.

4. Redesignate and revise § 371.14 to read as follows:§ 371.14 Substitution and fill-up sales.

(a) Substitutes may be arranged for charter participants at any time preceding departure, but only in accordance with the following:

(1) The charter participant for whom a new participant is substituted shall receive a full refund of all monies paid to the charter operator with respect to the charter, except that, with respect to non- European charters, the charter operator may reserve the right to retain an administrative fee of not more than 25 dollars for effecting the substitution.

“ If we determine to adopt the reduction here proposed, we will also, of course, make appropriate amendments to 14 CFR Parts 207, 208, 212 and 214.



(2) For a European ABC, the total number of substitutes shall be no greater than 20 percent of the number of seats contracted for, consisting of not more than 10 percent from the general public plus 10 percent from a standby list filed in accordance with § 371.25(b).

(3) For any other ABC, the total number of substitutes shall be no greater than 15 percent of the number of seats contracted for.

(b) The charter operator may make fill-up sales to participants on and after the date on which the main passenger list is filed, of up to fifteen percent of the number of seats contracted for.

5. Revise paragraph (b) of § 371.25 to read as follows :§ 371.25 Operating Authorization of

Tour Operators.(a) * * *(b) Not later than 15 days prior to the

scheduled date of the departure of a charter, the charter operator shall simultaneously:

(1) Transmit to the direct air carrier(s) : (i) A statement of the charter operator affirming that each main list participant has entered into a contract with the operator as provided in this part, and has made full payment of the total price of the charter: (ii) a statement of the depository bank, if any, affirming that it has received a deposit of the total charter price payable to the direct air carriers (s) ; and (iii) two copies of the passenger list, certified as required by paragraph (d) of this section; %nd

(2) File with the Board (Investigation and Audit Division, Bureau of Enforcement) an original main passenger list and a standby list, with respect-to persons who have authorized the operator to include them in such list as prospective substitutes of main list passengers, or a statement that there are no standby list members. The passenger list and the standby list shall be filed on CAB Form 371-1, which appears as Appendix A to this part, and shall set forth the name of each passenger and standby in alphabetical order, his or her address and telephone number, and the name, address, and telephone number of the travel agent (if any) who sold the charter to the passenger. The information required by this paragraph to be filed with thè Board shall be deemed filed on the U.S. Postal Service postmark date imprinted on the envelope.

6. Revise paragraph (b) of § 371.41 to read as follows :§ 371.41 Direct air carrier to identify

enplanements.(a) * * *(b) The direct air carrier shall, at the

time of enplanement, enter on its copy of the passenger list the documentary source of the identification required by paragraph (a) of this section, including the number appearing on the documents,

together with the name of any enplaning passenger whose name does not already appear on the passenger list. The number of newly entered names shall not exceed the total amounts (or subtotal amounts, _ if there is a standby list) of substitute passengers as specified in § 371.14(a), plus fill-up passengers as specified in § 371.14(b).

PART 378a— ONE-STOP-INCLUSIVE TOUR CHARTERS

8. Revise paragraph (b) of § 378a.10 to read as follows:§ 378a.10 One-stop-inclusive tour char

ter general requirements.A one-stop-inclusive tour charter

under this part shall meet the following requirements:

(a) * * *(b) The charter contract must be for

20 or more seats.(Secs. 101(3), 204(a), 416(b), Federal Aviation Act of 1058, as amended, 72 Stat. 737, 743, 771; (49 U.S.C. 1310(3), 1324(a), 1386 (b))-)

By the Civil Aeronautics Board.Phyllis T. Kaylor,

Secretary.[FR Doc.77-30647 Filed 10-18-77;8:45 am]

[ 4210- 01]DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENTAssistant Secretary for Housing—

Federal Housing Commissioner[ 24 CFR Part 888 ]

[Docket No. R-77-470]FAIR MARKET RENTS FOR NEW CON

STRUCTION AND SUBSTANTIAL REHABILITATIONVineland, N.J. and Susanville, Calif.,

Market AreasAGENCY: Office of Assistant Secretary for Housing-Federal Housing Commissioner, HUD.ACTION: Proposed rule.SUMMARY: This proposed rule would amend the section 8 Fair Market Rents applicable to new construction and substantial rehabilitation for the Vineland, N.J., market area and would establish Fair Markets Rents for the first time for the Susanville market area in the State of California. The U.S. Housing Act of 1937 requires that Fair Market Rents be published in the F ederal R egister for public comment before they can become effective.ADDRESS: Rules Docket Clerk, Office of the Secretary, Room 5218, Department of Housing and Urban Development, 451 7th Street SW, Washington, D.C. 20410, 202-755-6703.DATE: November 3, 1977. Comments should be filed with the Rules Docket Clerk at the above address.


Henry F. P. Cassagne, Chief Appraiser, Office of Technical Support, Department of Housing and Urban Development, 451 7th Street SW., Washington, D.C. 20410; 202-472-4810.

SUPPLEMENTARY INFORMATION: Recent data and comments have been received from the Camden Area Office and Sacramento Insuring Office indicating an immediate need to publish revised Fair Market Rents for the Vine- land, N.J., market area and to establish Fair Market Rents for the first time for the Susanville, Calif., market area, respectively.

Interested parties are encouraged at all times to submit information and data on Fair Market Rents which will be considered in initiating revisions as needed. It has been determined that because of the immediate need to provide Fair Market Rents for these market areas, a 15- day comment period is reasonable and in the public interest.

Note.—A finding of Inapplicability respecting the National Environmental Policy Act of 1969 has been made in accordance with HUD procedures. A copy of this Finding of Inapplicability will be available for public inspection during regular business hours at the office of the Rules Docket Clerk at the address set forth above.

Note.—It is hereby certified that the economic and inflationary impacts of this regulation have been carefully evaluated in accordance with Executive Order 11821.

I t is therefore proposed to amend Schedule A as Part 888 for the Vineland, N.J., and Susanville, Calif., market areas as set forth below.(Sec 7(d) Department of HUD Act (42 U.S.C. 3535(d)).)

Issued in Washington, D.C., on October 3, 1977.

Paul W illiams,Acting Assistant Secretary for

Housing—Federal HousingCommissioner.

Schedule A—Fair Market Rents for New Construction and Substantial Rehabil- iation (Including Housing F inance and Development Agencies Program)These Fair Market Rents have been trended

ahead two years to allow time for processing and construction of proposed new construction and substantial rehabilitation rental projects.

Note.—The Fair Market Rents for (1) dwelling units designed for the elderly or handicapped are those for the appropriate size units, not to exceed 2-Bedroom, multiplied by 1.05 rounded to the next higher whole dollar, (2) congregate housing dwelling units are the same as for honcongregate unite and (3) single room occupancy dwelling units are those for 0-Bedroom units of the same type.


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[ 4 2 1 0 -0 1 ]FEDERAL INSURANCE

ADMINISTRATION [ 24 CFR Part 1917 ][Docket No. FT-3125]

NATIONAL FLOOD INSURANCE PROGRAMRevision of Proposed Flood Elevation De

terminations for City of Aurora, Arapahoe County, Colo.

AGENCY: Federal Insurance Administration, HUD.ACTION : Proposed rule. ^SUMMARY: Technical information or comments are solicited on the proposed base flood elevations (100-year flood) listed below for selected locations in the City of Aurora, Arapahoe Comity, Colo. These base (100-year) flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Due to recent engineering analysis, this notice revises the proposed determinations of base flood elevations published in 42 FR 36387 on July 14, 1977, and in the “Aurora Sun” published on May 19, 1977, and May 26, 1977, and hence supersedes those notices.DATE: The period for comment will be ninety days following the second publication of this notice in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed flood elevations are available for review at the Engineering Department, City Hall, 1470 South Havana, Building 2, Second floor, Aurora, Colo. 80012.

Any person having knowledge, information, or wishing to make a comment on these determinations should immediately notify the Honorable Fred H. Hood, Mayor, City of Aurora, City Hall, 1470 South Havana, Aurora, Colo. 80012.FOR FURTHER INFORMATION CONTACT:

Mr. Richard W. Krimm, Assistant Administrator, Office of Flood Insurance, 202-755-5581 or toll free line 800-424- 8872, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: Proposed flood elevations (100-year flood) are listed below for selected locations in the City of Aurora, Colo., in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 St,at. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title X in of the Housing and Urban Development Act of 1968 Pub. L. 90-448), 42 U.S.C. 4001-4128, and 24 CFR Part 1917 (§ 1917.4(a)).

These base flood* elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

These modified elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on existing buildings and contents.

The proposed 100-year Flood Elevations are:

Elevation in feet,

Source of flooding Location nationalgeodeticverticaldatum

Sand Creek a .:___At the downstream 5,310face of Peoria St.

At the downstream / 5,338 face of 1-225.

150 ft upstream of 5,351Sable Blvd.

Chambers Road 5,371Bridge.

At the downstream 5,426face o Colfax Ave.

3.000 ft upstream 5,436from Colfax Ave.

8.000 ft upstream 5,457\ from Colfax Ave.

At the corporate limit. 5,488Toll Cate Creek__At the confluence 5,319

with Sand Creek.At the confluence 5,343

with Sable Ditch.At the downstream 5,360

face of Potomac Street Bridge.

At the downstream 5,365face of Colfax Avenue Bridge.

At the downstream 5,380face of 1-225.

At the downstream 5,400face of 6th Ave.

At the confluence 5,408with East and West Toll Gate Creeks.

West Toll Gat6 At the downstream 5,424Creek. ' face of Chambers

Rd.At the east branch, 5,449

Highline Canal.At the downstream 5,455

face of drop structure, 2,650 ft downstream of East Mississippi Ave.

At the upstream face v5,460of drop structure,2,650 ft downstream of East Mississippi Ave.

At the downstream 5,466face of drop structure, 160 ft downstream of East Mississippi Ave.

160 ft downstream of 5,466East Mississippi Ave.

At the downstream 5,498face of East Mexico Ave.

At the confluence 5,508with Cherry Creek.

At the confluence 5,562with West Toll Gate Tributary.

At the downstream 5,532face of Buckley Rd.- „

At the downstream 5,565face of dirt road.

3,600 ft upstream 5,588from dirt road.

At the downstream 5,606face of East Hampden Ave.

At the downstream fi, 653face of East Quincy Ave.

Elevation in feet,Source of flooding Location national

geodeticverticaldatum

East Toll Gate Creek.

West Toll Gate Tributary below Yale St.

Cherry Creek spillway drain.

Unnamed creek. . . .

Westerly Creek below Lowry Air Force Basai

1,600 ft upstream from confluence with West Toll Gate Creek.

At the downstream face of Chambers Rd.

50 ft downstream of Highline Canal.

At the upstream side of east branch, Highline Canal.

1,200 ft upstream from east branch, High- line Canal.

1.350 ft upstream from east branch, High- line Canal.

6.350 ft upstream from east branch, High- line Canal.

3.000 ft downstream from the east edge of sec. 16, T45, R66W.

East Ilifl Street Bridge.

100 ft upstream from Yale St.

150 ft upstream from Hampton Ave.

At the downstream face of dirt road.

1.000 ft upstream from djrt road.

At the downstream face of Quincy Ave.

500 ft upstream from confluence with West Toll Gate Creek.

Downstream of the drop structure, 700 ft downstream of Ilifl Ave.

Upstream of the drop structure, 700 ft downstream of Ilifl Ave.

Downstream of the drop structure, 400 ft downstream of Ilifl Ave.

Upstream of the drop structure, 400 ft downstream of Ilifl Ave.

At the downstream face of Ilifl Ave.

Upstream of the drop structure, 950 ft upstream of Ilifl Ave.

Downstream of drop structure, 60 ft from Yale Ave.



At the downstream face of Flanders extension.

At the downstream face of culvert.

At the corporate limits.

700 ft downstream from East Montview Blvd.

60 ft downstream from East Montview Blvd.

At the downstream face of 17th Ave.

At the downstream face of Alton St.

380 ft downstream from Colfax Ave;

At the downstream face of 14th Ave.

5,410

5,413

5,4465.449

5.450

'5,454

5,471

5,497

5.536 5,571 5,647 5,657 5,661 5,704 5,510

5,531

5.536

5,540

5,545

5,5555,589

5,604

5,568

5,578

5,620

5,628

5.3065.306

5,312

5,318

5,323

5,325

5,334

FEDERAL REGISTER, VOL 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977


Source of flooding LocationElevation in feet, national geodetic vertical datum

Westerly Creek At the downstream 5,435above Lowry Air face of HavanaForce Base. Street Bridge.

540 ft upstream from Havana Street Bridge.

5,441

1,350 ft upstream from Havana Street Bridge.

5,'449

260 ft downstream 5,460from Pond A-B spillway.

5,469At the Pond A-B 5,469

spillway, 280 ft downstream from Mississippi Ave.

Sable Ditch_____ 520 ft upstream from 1-225. '

5,34760 ft downstream

from Sable Blvd.5,362

At the downstream face of Eagle St.

5,376At the downstream

face of Montview Blvd.

5,393

420 ft upstream of Montview Blvd.


face of Chambers Rd.

5,404

At the downstream face of Helena St.


face of 17th Ave.5,413

At the downstream face of Batavia Rd.

5,419At the downstream,

face of dirt road.5,423

Granby ditch.___ At the downstream face of Billings St.


face of Evergreen St.

5,361

At the downstream face of Colfax Ave.

$387At the downstream

face of 13th St.5,407

110 ft downstream from Highline Canal.

From Highline Canal

... $432

to 60 ft downstream from Laredo St.

5,445Sable Ditch At the confluence 5,340

overflow. with Sand Creek.At the confluence 5,346

with Sable Ditch.

(National Flood Insurance Act of 1968 (Title XHI of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), "as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administration, 34 FR 2680, February 27, 1969, as amended (39 FR January 24, 1974).)

Issued: Septembers, 1977.Patricia Roberts Harris,


[ 4 2 1 0 -0 1 ][ 24 CFR Part 1917 ][Docket No. FI-8015]

NATIONAL FLOOD INSURANCE PROGRAMCorrection of Proposed Flood Elevation

Determinations for City of Westfield, Hampden County, Mass.

AGENCY: Federal Insurance Administration, HUD.ACTION: Correction of proposed rule.SUMMARY: This document corrects a proposed rule on base (100-year) flood elevations that appeared on pages 34468- 69 of the F ederal R egister of July 5, 1977 <42 FR 34468-69).


Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, 202“-755—5581 or toll free line 800-424- 8872, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The notice published on July 5, 1977 at Vol. 42 FR 34468-69 in the F ederal R egister, showing:


Westfield River..... 8,000 ft upstream from North Elm Street Bridge.

153

Little River__ .... At the upstream face • of Hortons Bridge.

193Great Brook.......... At the downstream

face of Shaker Rd. culvert.

140

At the upstream lace of Shaker Rd. culvert.

141

Powdermill Brook... At the upstream face 130of Union St. culvert. *

should be corrected to read:

Source of flooding Location.Elevation in feet, national geodetic vortical datum

Westfield River___ 8,000 ft upstream _from North Elm Street Bridge.

154

Little River.......... 300 ft upstream ofHortons Bridge. *

193Great Brook.......... At the upstream face

of Shaker Rd. culvert near corporate boundary.

141

Powdermill Brook.. At the upstream face 132of Union St. culvert.

(National Flood Insurance Act of 1968 (Title XIII of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 UJS.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administration, 34 FR 2680, February 27, 1969, as amended by 39 FR 2787, January 24, 1974).)

Issued: September 8,1977.P atricia R oberts H arris,


[ 6 5 6 0 - 0 1 ]ENVIRONMENTAL PROTECTION

AGENCY [ 40 CFR Part 180 ]

[FRL 806-3; PP 7E1936/P59] PESTICIDE PROGRAMS

Tolerances and Exemptions From Tolerances for Pesticide Chemicals In or On Raw Agricultural Commodities; Proposed Tolerances for the Pesticide Chemical Terbacil

AGENCY: Office of Pesticide Programs, Environmental Protection Agency (EPA).

ACTION : Proposed rule.SUMMARY: This notice proposes that the herbicide terbacil be used on strawberries. The proposal was submitted by the Interregional Research Project No.4. This proposed amendment would establish a maximum permissible level for residues of terbacil on strawberries.DATE: Comments must be received on or before November 18, 1977.ADDRESSES: Address comments to Federal Register Section, Technical Services Division (WH-569), Office of Pesticide Programs, EPA, Rm. 401, East Tower, 401 M Street SW., Washington, D.C. 20460.FOR FURTHER INFORMATION CONTACT:

Ms. Patricia Critchlow, RegistrationDivision (WH-567), Office of PesticidePrograms, EPA 202-755-2516.

SUPPLEMENTARY INFORMATION: Dr. C. C. Compton, Coordinator, Interregional Research Project No. 4, New Jersey State Agricultural Experiment Station, P.O. Box 231, Rutgers University, New'Brunswick, N.J. 08903, on behalf of the IR-4 Technical Committee and thè Agricultural Experiment Stations of Arkansas, Connecticut, Florida, Indiana, Kentucky, Maryland, Michigan, New Jersey, New York, North Carolina, Oregon, Pennsylvania, and Washington, has submitted a pesticide petition (PP 7E1936) to the EPA. This petition requests that the Administrator propose that 40 CFR 180.209 be amended by the establishment of a tolerance for combined residues of the herbicide terbacil (3-fert-butyl-5-chloro-6 - methyluracil) and its hydroxylated metabolites (calculated as terbacil) in or on the raw agricultural commodity strawberries at 0.1 part per million (ppm).

The data submitted in the petition and all other relevant material have been evaluated, and it is concluded that the tolerance of 0.1 ppm established by amending 40 CFR 180.209 will protect the public health. Previously submitted data used to support the proposed tolerance included a two-year ra t feeding study with a no-effect level (NED of 250 ppm, a two-year dog-feeding study with a 50 ppm NEL, a two-year ra t oncogenicity study, and a multigeneration ra t reproduction-teratology study with a 250 ppm NEL. The acceptable daily intake (ADI) for terbacil is 0.012 milligram/kilogram/ day with a maximum permissible intake (MPI) of 0.75 mg/day.

In addition, the nature of the residues in plants and animals is adequately understood, and an adequate analytical method (gas chromatography) is available.

Tolerances have previously been established for terbacil from 0.1 ppm to 50 ppm on a number of raw agricultural commodities. The pesticide is considered useful for the purpose for which tolerances are sought. There is no reasonable expectation of residues in eggs, meat, milk, or poultry as delineated in 40 CFR 180.6(a)(3). I t is proposed, therefore, that the tolerance be established as set forth below.



Any person who has registered, or submitted an application for the registration of a pesticide under the Federal In secticide, Fungicide, and Rodenticide Act which contains any of the ingredients listed herein may request, within 30 days. after publication of this proposal in the Federal R egister, that this rulemaking proposal be referred to an advisory committee in accordance with section 408(e) of the Federal Food, Drug, and Cosmetic Act.

Interested persons are invited to submit written comments on the proposed regulation. Three copies of the comments should be submitted to facilitate the work of the Agency and of others inter

ested in inspecting them. The comments must bear a notation indicating both the subject and the petition/document control number, “PP7E1936/P59”. All written comments filed in response to this notice of proposed rulemaking will be available for public inspection in the office of the Federal Register Section from 8:30 a.m. to 4 p.m. Monday through Friday.

Dated: October 11, 1977.D ouglas D. Campt,

Acting Director, Registration Division.

(Section 408(e) of the Federal Food, Drug, and Cosmetic Act [21 Ü.S.C. 34a(e) ].)

It is proposed that Part 180, Subpart C, section 180.209 be amended by alphabetically adding a tolerance of 0.1 ppm in or on strawberries to the end of the list in paragraph (b) as follows:§ 180.209 Terbacil; tolerances for resi-

dues.* ♦ * * *

(b) * * *P arts per

Community: m illion

• * ♦ : ■ * *Strawberries____ ------ 0.1

[FR Doc.77-30543 Filed 10-18-77;8:45 am]


notices55831

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

[ 3 4 1 0 - 0 1 ]DEPARTMENT OF AGRICULTURE

Office of the Secretary [Docket No. N—77—580]

NEWLY CONSTRUCTED HOUSING FOR LOWER-INCOME FAMILIES IN RURAL AREAS

Amendments to Memorandum of Understanding on Use of Section 8 of the United States Housing Act of 1937 and Section 515 of the Housing Act of 1949Cross R eference: For a document

amending a memorandum of understanding between the Department of Housing and Urban Development and the Department of Agriculture concerning the aboye entitled matter, see FR Doc. 77-30474 in the notices section of this issue.

[ 6 32 0 -01 ]CIVIL AERONAUTICS BOARD

[Docket Nos. 30782, etc.; Order 77-10-63] AMERICAN AIRLINES, INC. ET AL.Order Regarding California-Toronto/

Montreal Route ProceedingAdopted by the Civil Aeronautics

Board at its office in Washington, D.C. on the 13th day of October 1977.

In Order 77-8-95 of August 19, 1977, the Board expanded the scope of this proceeding to include the issue of serv- ive between Los Angeles, California, on the one hand, and Toronto and Montreal, Canada on the other.1 The order consolidated various applications and specified that petitions for reconsideration and requests to consolidate additional applications should be filed by September 6,1977.

On September 6, 1977, Continental Air Lines, Inc., filed an application (Docket 31358) for authority in the Los Angeles Toronto/Montreal market accompanied by a motion to consolidate such application for hearing and decision in this proceeding. Continental’s motion was unopposed and will be granted. Its application conforms to the scope of the proceeding as set forth in Order 77-8-95 and meets the criteria for consolidation prescribed in Rule 12 of the Board’s Rules of Practice.

Also on September 6, 1977, The Flying Tiger Line Inc. filed an application (Docket 31359) for authority to transport freight and mail between the co-

1 The scope of the case had InitiaUy been limited to the issue o f San Francisco- Toronto/Montreal authority, Order 77-4-115.

terminal points in Los Angeles and San Francisco, California, and the coterminal points Toronto and Montreal, Canada. The carrier filed at the same time a motion to consolidate the application for hearing and decision in the “Califomia- Toronto/Montreal Route Proceeding.” The motion was unopposed. There is no issue in this case of granting new authority to any carrier to operate between Los Angeles and San Francisco. Flying Tiger has certain authority between the two points, but, to the extent its application includes any request for new authority between such -points, it is outside the scope of the issues in this case and will not be considered. With this exception Flying Tiger’s application conforms to the scope of the proceeding as set forth in Orders 77-4-115 and 77-8-95, meets the criteria for consolidation prescribed in Rule 12 of the Board’s Rules of Practice, and will be granted.

On August 31,1977, American Airlines, Inc. filed a petition for reconsideration of Order 77-8-95. American contends that if this case is to be completed in time for a U.S. carrier to initiate the San Francisco-Toronto service by April 30, 1978, as authorized by the U.S.-Canadian bilateral agreement, the Board’s decision must go to the White House by mid- February 1978. In order to meet this schedule American requests that the Board either return the case to its original scope by eliminating the Los Angeles route issues or bypass the recommended decision and direct the administrative law judge to certify the record directly to the Board for early decision. American cites the Board’s recent action in the “Chicago-Midway Low-Fare Route Proceedings,” Order 77-8-10, as precedent for certifying the record. United Air Lines has filed an answer opposing American’s petition.

We will deny both of the requests in American’s petition for reconsideration. American has presented ho reasons for excluding the Los Angeles route issues from this case which were not carefully considered and rejected by the Board in adopting Order 77-8-95.

In regard to American’s proposal to certify the record, such a procedure is neither necessary nor desirable here. We set out in Order 77-8-95 the procedures which we consider will best carry out our responsibilities * in this case.3 Al-

aWe said in Order 77-8-95, “We expect all parties to give the judge their full cooperation with a view toward permitting the Board ample time to carefully consider all matters and complete its work and have a recommendation to the President on or before April 30, 1978. This will require issuance of a recommended decision by March 10, automatic review, and the filing of briefs by March 30.”

though highly expedited those procedures will allow time for a recommended decision by the law judge and exceptions by the parties.

American has not shown that the schedule we have set down is inadequate. In the first place it is not necessary as American suggests for the Board to have its decision to the President in mid-February. This is ten full weeks before the San Francisco-Toronto route segment becomes effective Under the U.S.-Canadian bilateral. American’s timetable assumes that service on the route cannot begin unless the Official Airline Guide has had six weeks notice and that thirty days will be required for Presidential approval. We do not accept either of these asumptions.3 In particular we note that the President has in the past acted on Board decisions in urgent cases in less than thirty days.

We are not persuaded that certifying the record would produce a much faster resolution of the issues than the procedure outlined in our order. We could direct only that the record be certified to the Board for a tentative decision not a final one.4 Time would then have to be allowed for parties to object to this decision and for the Board to prepare a final decision. American’s proposal does not take account of the necessity for the latter two steps. As a practical matter elimination of the recommended decision would simply transfer from the law judge to the Board and its opinion writing staff the task of collating and synthesizing the evidence, focusing the issues, and preparing the initial findings, conclusions, and recommendations.

While we recognize that some time could be saved by substituting a tentative Board decision for the judge’s initial decision, we believe that this marginal saving is just not worth the benefits that would be foregone. Rather, we

aThe Official Airline Guide publishes some schedules in a special section on less than six weeks notice. In any event, American has not established that omission from the OAG of a new schedule over the San Francisco-Toronto segment for a limited period would be a bar to the economic operation of the schedule during that period. Both of the remaining applicants for passenger authority over this segment (American and United) are large carriers; both have stations at the two cities; and both possess the capability of informing the public and the travel industry of their new service for a limited period until it can be listed in the Guide.

4 Under 5 U.S.C. 557(b) (2), the Board cannot order certification of the record for final decision unless it “finds on the record that the due and timely execution of its functions imperatively and unavoidably so requires.” American does not assert and we are not prepared to conclude that the facts of this case warrant such a finding. .


55832 .NOTICES

agree with United that the analysis, findings, and conclusions of the law judge who hears the case will be most helpful to the Board. As we said a number of years ago the initial decision is “a valuable tool or adjunct of the decisional process.” 5 We are reluctant to dispense with this advantage except in most unusual circumstances.

One other matter requires clarification. On February 20, 1975, American Airlines filed an application in Docket 27538 which included a request for San Francisco-Toronto/Montreal and Los Angeles-Toronto/Montreal authority. The first order in this proceeding, Order 77-4-115, consolidated American’s application in Docket 27538 for the San Francigco authority, but, consistent with the scope of the case at that time, dismissed without prejudice American’s request for the Los Angeles authority. Order 77-8-95 which expanded the issues in this case to include Los Angeles-To- ronto/Montreal authority did not explicitly reinstate American’s application for that authority. In order to make clear that American will be considered an applicant for all of the Los Angeles authority in issue in this case, including the Los Angeles-Montreal route,® we will vacate the provision of Order 77-

v 4-115 which dismissed American’s application for the Los Angeles authority and expressly consolidate that application into this proceeding.

Accordingly, it is ordered, That: 1. The petition of American Airlines for reconsideration of Order 77-8-95 be denied;

2. The motion of Continental Air Lines, Inc. to cohsolidate its application in Docket 31358 for nonstop authority in the Los Angeles-Toronto/Montreal market be granted and that application is consolidated for hearing and decision with the ‘‘Califomia-Toronto/Montreal Route Proceeding,” Docket 30782;

3. The motion of The Flying Tiger Line Inc. to consolidate its application in Docket 31359 be granted and insofar as it conforms to the scope of this proceeding the application by that carrier for property and mail authority between Los Angeles and San Francisco* California, on the one hand, and Toronto and Montreal, Canada, on the other, is consolidated for hearing and decision with the “Califomia-Toronto/Montreal Route Proceeding,” Docket 30782.

4. Ordering Clause 3 of Order 77-4- 115, to the extent that it dismissed without prejudice the application of American Airlines, Inc., in Docket 27538 for authority to engage in foreign air transportation between Los Angeles, on the one hand, and Toronto and Montreal, Canada, on the other, be vacated and American’s application for such authority in Docket 27538 be consolidated for

B “General Passenger Pare Investigation,” 26 CAB 446, 448 (1958); “U.S. Mainland-Hawaii Fares,” Order Denying Motion for Certification of Record, Order 71-1-112 dated January 26, 1971.

• American currently holds certificate authority and 4s operating a Los Angeles- Toronto nonstop service.

hearing and decision with the “Califor- nia-Toronto/Montreal Route Proceeding;” and

5. All other requests in the petitions and answers discussed here be denied.

This order will be published in the Federal R egister.

By the Civil Aeronautics Board.Phyllis T. K aylor,7

Secretary.[PR Doc.77-30544 Piled 10-18-77;8:45 am]

[6 3 2 0 -0 1 ][Docket No. 31348; Order 77-10-54]

CAYMAN AIRWAYS, LTD.Order Denying Motion Regarding Individual

Inclusive-Tour FareAdopted by the Civil Aeronautics

Board at its office in Washington, D.C., on the 13th day of October 1977.

By tariff revisions1 filed to become effective September 23, 1977, Cayman Airways, Limited (Cayman), proposed a reduction in the level of its Miami-Cay- man Islands individual inclusive-tour round trip fare from $117 to $89.

A motion for leave to file a late complaint requesting suspension of Cayman’s filing was submitted by Southern Airways, Inc. (Southern), on September 6, 1977.2 An answer in opposition to Southern’s motion has been submitted by Cayman.

The Board has decided to deny Southern’s motion. The motion presents neither sufficient cause for the complaint’s untimeliness nor a compelling reason for the Board’s acceptance of it.

Accordingly, it is ordered, That: The motion by Southern Airways, Inc. in Docket 31348, for leave to file an otherwise unauthorized document be denied.This order will be published in the F ed

eral R egister.By the Civil Aeronautics Board.

P hyllis T. K aylor,3 Secretary.

[PR Doc.77-30545 Piled 10-18-77:8:45 am]

[6 3 2 0 -0 1 ][Docket Nos. 31419, etc.; Order 77-10-58]

CONTINENTAL AIR LINES, INC.Order of Rejection Regarding Point-to-Point

Fares to HawaiiAdopted by the Civil Aeronautics

Board at its office in Washington, D.C., on the 13th day of October 1977-

By tariff revisions1 marked to become effective October 15, 1977, Continental

7 All members concurred.1 Revisions to Tariff CAB No. 74, issued

by Air Tariffs Corp., Agent.s Under Rule 505(c) of the Board’s rules

of practice, complaints against Cayman’s tariff revisions should have been filed on or before August 29, 1977.

» All Members concurred.1 Revisions to Airline Tariff Publishing

Company, Agent, Tariff C-A.B. No. 258.

Air Lines, Inc. (Continental), proposes new point-to-point “Freedom Fares” from points on the mainland to Honolulu. The proposed fares are priced at a level equal or nearly equal to existing group-154 fares. The new discount fare is designed to appeal to extremely price- sensitive pasengers who desire to travel only to Honolulu, and differs from existing “freedom fares” for travel to Hawaii only in that it does not include the Hawaii common-fare provision which permits inter-island travel throughout Hawaii upon payment of nominal stopover charges. Under the existing fare structure, the difference between the nominal stopover chargés paid by the visiting tourist and the air fare received by the local Hawaiian carriers is substantially absorbed by the mainland- Hawaii carriers. By offering this discount fare without the common-fare provision, Continental will save the common-fare revenue absorption it incurs today and allegedly .will generate additional traffic at the lower fares. Continental proposes to continue to offer its curent “Freedom Fares” which provide for common-fare travel.

In support of its proposal, Continental argues that the proposed point-to-point fares are consistent with the pricing policy established by the Board at the conclusion of the “Hawaii Fares Investigation,” specifically “to give the carriers maximum flexibility to fashion discount fares in these markets.” Continental submits that the proposed fares do not violate the restriction on its route certificate which requires it to provide common fares for all classes of service to and from all points in the State of Hawaii, since Continental’s existing “Freedom Fares” permit unlimited stopovers at a nominal charge, and its proposed new fares merely afford a lower-priced choice to passengers who do not wish to visit outer-island points. Continental argues that the mainland-Hawaii carriers can achieve optimum revenue and profitability only if the Board allows discount- fare offerings which do not require common-fare privileges. Continental claims that existing Hawaii “Freedom Fares” are priced much higher and are more restrictive than individual tour-basing and group inclusive-tour fares, and contends that the new lower point-to-point fares will expand thé potential market for travel to Hawaii without endangering the existing market. Based upon a gen- eration/diversion ratio of 50/50, an incremental expense of $105.00 per generated round-trip passenger, and a total annual traffic volume of 14,600 passengers, Continental projects a net annual profit of $1,423,500.

The proposed fares have beeh protested by the following parties : Hawaiian Airlines, Inc.. (Hawaiian), Aloha Airlines, Inc. (Aloha), Charter Ventures, Inc., (Charter Ventures), Air Charter Tour Operators of America (ACTOA), Braniff Airways, Inc. (Braniff), United Air Lines, Inc. (United), and Northwest Airlines, Inc., (Northwest).


NOTICES 55833

Hawaiian and Aloha assert that the proposed fares violate Continental’s certificate of public convenience and necessity because the common-fare provision for travel in Hawaii would not apply. These parties object to Continental’s assertion that the proposed “Freedom Fare” does not violate its certificate requirements because Continental offers the Hawaiian common fare in conjunction with other promotional fares. They state that the Board has previously made clear that carriers must offer the common fare in conjunction with all fares to Hawaii. Hawaiian further states that Continental’s own examples of travel itineraries show that in some cases the passengers using the proposed point-to- point fare would pay a higher total fare if they decided to visit the neighboring islands, and contends that passengers would be better off to have the proposed fare available with full common-fare privileges.

Charter Ventures and ACTOA allege that the new fares are uneconomic and predatory, and would undercut ABC’s, OTC’s, and ITC’s because the sum of the new “Freedom Fare” plus popular ground packages will often be less than competing inclusive-tour charters. Bran- iff and United also allege that the new individual “Freedom Fares” a t group levels are priced below costs. These carriers allege that, with G IT ' fares, the passenger handling (baggage, reservations, ticketing, etc.) is done more efficiently, And that the GIT fare also has a proven ability to generate good load factors with further lower unit costs. They allege that the proposed fare is not justified economically because no comparable cost savings exist. Northwest asserts that the proposal is an attempt by Continental to penetrate and divert the Hawaiian group market. Noting that the point-to-point fares offer a shorter minimum-stay duration and a more lenient advance-reservation restriction than do the GIT-154 fares, Northwest concludes that point-to-point “Freedom Fares” priced at GIT levels would divert existing air transportation and are not cost justified.

In answer, Continental alleges that, as presently priced and restricted, its “Freedom Fares” simply are not marketable in competition with ITX and assembly- group fares in the Hawaii markets, noting that those fares account for less than one percent of its traflic. In effect, Continental argues that it must be permitted to make its individual “Freedom Fares” more competitive because it cannot effectively compete with United for group-fare traffic due to United’s superior route authority in terms of traffic feed. Continental alleges that its proposed fare is justified in relation to existing group fares, disputing the allegations that the latter offer cost savings vis-a-vis individual discount fares. In answer to the complaints that charter operators cannot compete with the fare, Continental alleges that if they can compete with existing assembly-group fares, fares allegedly used by United and large tour

operators to control the Hawaii travel market, they will be able to compete with Continental’s proposed point-to-point fares. Continental alleges that Aloha and Hawaiian have misconstrued both its proposal and the legal requirements of Continental’s certificate; that Continental is not proposing to eliminate common-fare privileges, but simply to afford those passengers who do not wish to travel beyond Honolulu the choice of lower fares priced to reflect the absence of common-fare dilution.

The Board concludes that Continental’s proposed point-to-point fares are inconsistent with the carrier’s certificate authority to serve Hilo, Hawaii, because no provision has been made for common fares, and must therefore be rejected.

The Board’s decision does not go to the economic merits of the proposal, but is based solely upon the fact that the pro- prosed fares do not provide for common- fare travel. In the “Transpacific Route Investigation,” in which the Board authorized various carriers to serve Hawaii, it conditioned the certificates of the mainland-Hawaii carriers to require common fares to outer-island points and stopovers a t additional points free or at a nominal charge.2 In that proceeding, the Board stated “not only has the Board found * * * that the public interest requires that a common-fare condition be attached to the exercise of the privilege of serving Hilo being granted to the mainland-Hawaii carriers, but the Board cannot find that the public convenience and necessity require that they serve Hilo at all in the absence of a common- fare agreement, in view of that very serious injury which service to Hilo awards to mainland carriers would otherwise inflict on the inter-island carriers.”

Although the mainland carriers fulfilled their certificate requirements by

2E.g., condition (20) of Continental’s certificate of public convenience and necessity for Route 29, provides as follows: (20) The holder’s authority to serve Hilo, Hawaii, shall be contingent upon its filing and keeping on file with the Board tariffs providing for common fares for persons and their accompanied baggage to and from all points in the §tate of Hawaii receiving service from a certificated air carrier, for all classes of service which the holder offers, and further providing for stopovers without charge or at nominal charge at the points of entry into and departure from the State of Hawaii and at intermediate points between such points of entry and departure and the ultimate point of origin or destination in the State of Hawaii, subject to such terms, conditions, and limitations as may be agreed upon by and between the holder and the certificated air carriers serving points in the State of Hawaii other than Honolulu and Hilo and are approved by the Board: P rovided , how ever, That in the event of a disagreement between the holder and such carriers as to the terms, conditions, and limitations applicable to such common fares (including the divisions thereof), this condition shall be deemed to be satisfied if the holder offers to enter into an agreement concerning such common fares which the Board determines to be reasonable.

entering into a common-fare agreement with the intra-Hawaii carriers,* they have from time to time attempted in one way or another to limit availability of the common fare to mainland-Hawaii travelers as Continental now seeks to do. The Board has consistently and repeatedly held that the carriers may not place limitations and restrictions upon the availability of common fares to mainland travelers.

In Order 73-10-36, October 10, 1973, the Board also flatly rejected arguments that a carrier’s requirement has been satisfied so long as it offers a common fare in connection with one type of fare for a given class of service.

* * * First, it is clear from the history of the common-fare requirement and the context of the Transpacific order that the clause in the certificate condition requiring common fares “* * * for all classes of service * * *” cannot be read as a limitation upon the condition imposed; rather it was to make clear that the condition was not limited as to any particular class of service but applied to all classes of fares.4 This argument in substance is contending that if the carrier makes common fares available for at least one type of fare, (e.g., first-class, coach, economy) in each class of service, it has met the condition. Such argument is untenable * *

Continental’s argument that, by offering two levels of “Freedom” fares, one with common-fare availability and the other without, it has satisfied its certificate responsibility since the passenger has his choice is without merit. Under the terms of its certificate, Continental is obligated to permit passengers to tra vel to non-gateway (outer-island) points ini the State of Hawaii at the same price

* The existing common-fare agreement permits mainland-Hawaii passengers to travel to any point in the State of Hawaii at the same fare as applies to the gateway points of Honolulu and Hilo, provided no stopovers are made except at the final destination in the islands. Stopovers at intermediate points are permitted at a charge of $12.04 per each stopover. The agreement also provides that the mainland carriers will pay the Hawaiian carriers an amount approaching 80 percent of their local fares, and that the stopover charges are prorated between the mainland and Hawaiian carriers. The prorate method varies depending upon where the stopover occurs.

4 While the language in the condition referred to “* * * all classes of service * * *’* the Board in the “Transpacific Route Investigation (Domestic Phase)’’ referred to all classes of fares stating therein, “We also wish’ to make clear that the joint common fare requirement applies to all classes of fares to Hawaii which the mainland carriers publish, now or in the future.” (Order 69-1-11 served January 4, 1969, Pg. 77 mimeo.) It is clear that no distinction can be inferred from this difference in language. See also “Revisions to GIT fares proposed by Pan American World Airways, Inc.,” where the Board stated, Were the Board to concur with Pan American’s interpretation of the tariff, we would suspend its proposal pending an investigation, consistent with our previously expressed view that availability of common-fare travel should extend to all types of fares and without inhibiting restrictions. (Footnote omitted) (Order 72-9-82 dated September 22, 1972).


55834 NOTICES

as applies to the gateway points. Since Continental’s proposed tariff does not permit this, it violates the carrier’s certificate, and the fares must be rejected.

Accordingly, it is ordered, That: 1. The fares and provisions described in Appendix A hereto are rejected;

2. Except to the extent granted herein, the complaints in Dockets 31419, 31427,31429, 31430, 31431, 31433, and 31438, insofar as they are directed a t the fares and provisions described in Appendix A are dismissed; and

3. Copies of this order will be filed in the aforesaid tariffs and be served upon Continental Air Lines, Inc., and the complainants in Dockets 31419, 31427, 31429,31430, 31431, 31433, and 31438.

This order will be published in the Federal R egister.®

By the Civil Aeronautics Board.* Phyllis' T. K aylor,

Secretary.Appendix A

TARIFF C.A.B. N O . 2 5 8 , ISSU ED B T AIRLIN E TA RIFF P U B L IS H IN G C O M PA N Y , AGENT

On 10th and 11th Revised Pages 79, Paragraphs (A) and (C) In the application of iiCoach Service” insofar as they apply to the YWE79, YOE79 and YXE79 class fares.

On 10th and 11th Revised Pages 80, the YOE79 and YWE79 fare class applications.

On 21st and 22nd Revised Pages 81, the YXE79 fare class applications; and the reference mark "c”.

On 21st and 22nd Revised Pages 82, 83 and 84, all YWE79, YXE79 and YOE79 class fares.TA RIFF C.A.B. N O . 1 4 2 , ISSUED BY AIRLIN E

TA RIFF PU B L IS H IN G CO M PAN Y, AGENT

On 43rd Revised Pages 73 and 74, Rule 177. [PR Doc.77-30546 Piled 10-18-77;8:45 am]

[6 3 2 0 -0 1 ][Docket No. 31513; Order 77-10-59] NORTHERN AIR FREIGHT, INC.

Order of Suspension and Investigation Regarding Increased Surcharge Per Shipment of Restricted ArticlesAdopted by the Civil Aeronautics

Board at its office in Washington, D.C., on the 13th day of October 1977.

By tariff revisions1 issued September 15, 1977, and marked to become effective October 16, 1977, Northern Air Freight, Inc. (Northern), an air freight forwarder, proposes to increase its surcharge per shipment of restricted articles from $5.00 per shipment to $30.00 per shipment. The forwarder claims the increase is “to partially offset the additional cost of accommodating these shipments and to meet the airlines’ recent increase.’’

Northern has made no attempt to justify the proposed increase beyond the mere assertion of increased handling and airline costs. The Board is, by another order (Order 77-10-60, October 13,1977), suspending the proposed $20 surcharge

s All members concurred.1 Revisions to Miller Traffic Service, Inc.,

Agent, Tariff C.A.B. No. 3.

of United Air Lines, Inc., apparently alluded to by Northern. The Board concludes that Northern’s proposal, which represents an increase of 500 percent, is prima facie unlawful.

The Board finds that the proposal may be unjust, unreasonble, unjustly discriminatory unduly preferential, unduly prej- udical, or otherwise unlawful, and should be investigated. We also find that the proposal should be suspended pending investigation.

Accordingly, pursuant to the Federal Aviation Act of 1958, and particularly sections 204(a), 403, 404, and 1002 thereof :

It is ordered, That : 1. An investigation be instituted to determine whether the charge and provisions in Rule No. 133(B) on 5th Revised Page 13-A of Miller Traffic Service, Inc., Agent’s C.A.B. No. 3, and rules, regulations, or practices affecting such charge and provisions are or will be unjust, unreasonable, unjustly discriminatory, unduly preferential, un- - duly préjudiciai, or otherwise unlawful and if found,to be unlawful, to determine and prescribe the lawful charge and provisions, and rules, regulations, or practices affecting such charge and provisions;

2. Pending hearing an<jl decision by the Board, the charge and provisions in Rule No. 133(B) on 5th Revised Page 13-A of Miller Traffic Service, Inc., Agent’s C.A.B. No. 3, be suspended and their use deferred to and including January 13, 1978, unless otherwise ordered by the Board, and that no change be made during the period of suspension except by order or special permission of the Board;

3. The proceeding here designated Docket 31513 be assigned before an administrative law judge of the Board at a time and place to be determined; and

4. Copies of this order shall be filed with the tariff and served upon Northern Air Freight, Inc., which is made a party to Docket 31513.

This order will be published in the Federal Register.

By the Civil Aeronautics Board.Phyllis T. K aylor,

Secretary.[FR Doc. 77-30547 Filed 10-18-77;8:45 am]

[6 3 2 0 -0 1 ][Docket Nos. 31374, etc; Order 77-10-60]

UNITED AIR LINES, INC.Order of Suspension and Investigation Re

garding Increased Surcharge Per Shipment of Restricted ArticlesAdopted by the Civil Aeronautics

Board at its office in Washington, D.C. on the 13th day of October 1977.

By tariff revisions1 bearing a posting date of September 20, and marked to become effective October 17, 1977, United Air Lines, Inc. (United), proposes to in-

1 Revisions to Airline Tariff Publishing Company, Agent, Tariff C.A.B. No. 292.

crease its surcharge on shipments of restricted articles from $3 to $20 per shipment.

In support of the proposal and in answer to a number of complaints, United asserts among other things, that past a ttempts to Quantify the additional costs incurred by hazardous materials shipments in the “Domestic Air Freight Rate Investigation (DAFRI)”, Docket 22859, are based upon the time-and-motion study conducted by The Ralph M. Parsons Co. (Parsons); that the Parsons study aggregated hazardous materials with environmentally controlled articles; that hazardous articles comprised only 5.9 percent of the total hazardous and environmentally controlled traffic pool (in terms of number of shipments); and that the costs developed in DAFRI are, therefore, applicable essentially to environmentally controlled freight only. The carrier also contends that environmentally controlled commodities have different handling characteristics from bulk freight, and that Department of Transportation (DOT) regulations governing transportation of hazardous materials have changed since the Parsons study, requiring a more current analysis of hazardous shipments’ costs.

United claims to have conducted a time-and-motion study of those hazardous material handling functions not required for regular bulk freight and that the proposed $20 surcharge is justified on the basis of the additional -costs detailed in this study. The survey sampled approximately 70 shipments, consisting of 187 pieces, tendered a t 11 different airports during March and April 1975. United contends that only the additional man-minutes for air freight agents and ramp servicemen were included, despite the fact that hazardous materials also entail additional time for other employee groups, such as supervisors and telephone agents. The carrier asserts that there is little variation from shipment to shipment in aditional handling time, that the values are normally distributed, and that a sample of 70 is, therefore, sufficiently large.

According to United, the study showed a total additional time of 6.525 man- minutes per shipment, 2.87 man-minutes per piece, and .0411 man-minutes per pound. Added to the regular bulk times determined in DAFRI of 5.430, 2.122, and .0675 minutes, respectively, this showed total handling times of11.955 minutes per shipment, 4.992 minutes per piece, and .1086 minutes per pound. By applying the DAFRI costing methodology to these figures, United obtained total noncapacity costs for hazardous materials of $7.19 per shipment, $3.00 per piece, and $8.38 per hundredweight for calendar year 1972. By updating these elements to calendar year 1976, the carrier arrived at costs of $9.70 per shipment, $3.95 per piece, and $11.75 per hundredweight. United then adjusted these costs on a per-shipment basis and calculated an increased handling cost of $16.39.


NOTICES 55835

United also claims that it incurs about $184,000 in recurrent. DOT-rsquired training of agents in handling hazardous articles;, that it receives about 47,000 hazardous materials, shipments annually; that the training cost per shipment is $3.91; and that, therefore, the total additional cast per shipment of hazardous materials, including handling and training, is $20.30.

The carrier further contends that, notwithstanding complainants’ claims that the proposal would unduly burden the medical industry, the additional costs of handling restricted articles shipments should be paid by shippers of such goods, and not subsidized by other customers or the carrier; that the Board found in DAFRI that a surcharge of $3.04 per shipment of restricted articles was lawful; that the proposed surcharge is based upon more recent data and more sophisticated: analysis; and that the costs determined in its survey were understated at the time of the survey, and are even further understated since the adoption of new DOT regulations.

Finally, United responds to various allegations of complainants by asserting that its practice of requiring preparation of a separate manifest to notify the pilot is the most efficient method of complying with DOT regulations; th a t all times shown in the time-of-motion study are incremental times above regular bulk freight handling times; and that the costs developed by Shulman Air Freight, Inc. (Shulman), an air freight forwarder, one of the complainants, are based on a survey of Shulman’s special hazardous materials terminal, which specializes in such, shipments, and can spread the costs over a greater number of shipments than United, which must provide training and equipment at all the carrier’s terminals.

Complaints requesting rejection or suspension and investigation of the proposal have been submitted by the Council for Safe Transportation of Hazardous Articles; the Society of Nuclear Medicine; Dow Chemical Co.; Union Carbide Corp.; the Air Freight Forwarders Association; Abbott Laboratories; the American Hospital Association; Shulman; New England Nuclear Corp.; the American College of Nuclear Physicians; and the American College of Radiology. Informal complaints protesting the increase have been received from Amersham Corp.; Diagnostic Isotopes, Inc.; Technicon Corp.; Schwarz/Mann, a Division of Becton Dickerson and Co.; Westinghouse Electric Corp; and The Southern Seafood Co.

The complainants allege, among other things, that a large percentage of hazardous materials in air transportation are drugs, diagnostic materials, and other medical equipment, and the proposal will have a substantial adverse impact on the costs of health care, which will be increased by $10-17million by the proposal; that the proposed surcharge represents an increase of 567 percent, and is per se unreasonable; that many hazardous materials shipments, due to their small size,

are carried a t the minimum charge and thus face a 100-percent increase in total charges; that the changes in DOT regulations alluded to by United only became effective January 1, 1977, whereasUnited’s survey was made in 1975; and that many of the handling functions assigned by United to hazardous materials either are not required by DOT (and thus are performed for the carrier’s own convenience), are not exclusive to hazardous shipments, or are unnecessarily duplicative or repetitive.

The complaints also, contend that the surcharge is of such magnitude that it constitutes an embargo; that United’s time-and-motion study had a sample size of less than seven shipments per station, and is, therefore, inadequate; that United carries hazardous materials for its own internal use; that DOT-mandated training would still be required for this traffic, even if the carrier accepted no commercial hazardous materials shipments; and that commercial shipments, therefore, should not bear the entire expense of training.

In addition, Shulman claims that its hazardous materials acceptance procedures are similar to United’s, as are its wage scales, and that, based upon its own man-minute and other studies, the additional cost to the forwarder of handling restricted article shipments,, including training, are only $3.74 per shipment. Shulman also contends that Uhited’s revenue impact assessment is understated, since, if the forwarder tendered all of its hazardous materials shipments to United, the proposal would generate $5.1 million from Shulman alone; and that United’s failure to submit an analysis of variance of its sample indicates that its sample size is inadequate.

The complaints also raise numerous significant questions regarding the statistical validity of. United’s sampling techniques, the applicability of numerous functions assigned by United solely to hazardous materials handling; and the carrier’s conversion of all costs to a per- shipment basis.

The proposal comes within the scope of DAFRI and the “Hazardous Articles Rules and. Practices Investigation” (HARPI), Docket 31044, and the issue before the Board is whether to suspend the proposed increase or to permit it to become effective pending these proceedings. The Board finds that the proposal should be suspended.

The carrier submits no summary sta- <- tistics beyond the mean times to support its conclusions, nor does it indicate the method by which individual shipments were selected for the sample. The conclusions United draws from its survey, therefore, are a t best tenuous. The Board is also inclined to agree with certain of the complainants th a t many of the handling functions assigned by United to hazardous materials are either redundant or not properly allocable to hazardous materials (e.g., prep

aration of a separate hazardous materials manifest for the pilot-in-command whereas DOT regulations permit use of the shipping papers completed by the shipper for notification). Furthermore, United’s own justification shows th a t much of the cost the carrier attributes to hazardous materials shipments is properly allocable on the basis of weight or piece count rather than shipments. United’s proposal, then, even on the assumption its basic cost figures are correct, would result in significant subsidization of large shipments by small shipments. In view of its magnitude, over 500 percent, the Board believes the increase should not be permitted to become effective without more persuasive cost, evidence.

Finally,, in its decision in DAFRI, Docket 22859, Order 77-8-62, served August 18,1977, the Board found that the maximum allowable surcharge for restricted articles to be $3.04a per shipment based upon industry-average costs for the 12 months ended September 30,1976. Although more recent data would increase this figure somewhat,, it would not even approach the $20 level proposed by United.

In its DAFRI decision, the Board ordered all rates and charges above the maximums found lawful to be canceled and the lawful rates and charges published in effective tariffs, within 180 days following the service of the decision, August 18, 1977, i.e., by February 15, 1978.'1 Thus, United’s proposal would have to be canceled before the end of the maximum 180-day suspension period.

Nevertheless, United would still be given an opportunity to support its proposal in an investigation. Surcharges on restricted articles are within the scope of HARPI, Order 77-6-116, June 23*1977.

Accordingly, pursuant to the Federal Aviation Aet of 1958, and particularly sections 204(a), 403; 404, and 1002 thereof.

I t is ordered, T hat: I. Fending hearing and decision by the Board; the charge* and provisions in Rule No. 51(E) and the cancellation of “UA” in Rule Nos. 51(A) and (B) on 7th and 8th Revised Pages 55 of Tariff C.A.B. No: 292 issued by Airline Tariff Publishing Company, Agent, are suspended and their use deferred to and including January 14, 1078, unless otherwise ordered by the Board, and that no changes be made during the period of suspension except by order or special permission of the Board;

2 Strictly speaking, the Board found that the noncapacity cost per shipment of environmentally controlled and: hazardous freight, considered as requiring similar handling, was $6.83* and that the cost per shipment of regular bulk freight was $3.79. Since the Board also found that the capacity and noncapaoity costs per piece, pound, and pound-mile were the same for regular and hazardous freight, our decision would authorize a surcharge of $3.04 per shipment. See Order 77-8-62, Appendix N; p. T.

3 Petitions for reconsideration were due October 7, 1977.


55836 NOTICES

2. Except to the extent granted herein, the complaints of the Society of Nuclear Medicine in Docket 31374; the Council for Safe Transportation of Hazardous Articles in Docket 31376; Dow Chemical Co. in Docket 31380; Union Carbide Corp. in Docket 31381; the Air Freight Forwarders Association in Docket 31383; Abbott Laboratories in Docket 31384; the American Hospital Association in Docket 31386; Shulman Air Freight, Inc., in Docket 31387; New England Nuclear Corp. in Docket 31390; the American College of Nuclear Physicians in Docket 31391; and the American College of Radiology in Docket 31410 are dismissed; and

3. Copies of this order shall be filed with the tariff and served upon United Air Lines, Inc.; the Society of Nuclear Medicine; the Council for Safe Transportation of Hazardous Articles; Dow Chemical Co., Union Carbide Corp.; the Air Freight Forwarders Association; Abbott Laboratories; the American Hospital Association; Shulman Air Freight, Inc.; New England Nuclear Corp.; the American College of Nuclear Physicians; and the American College of Radiology.

This order will be published in the Federal R egister.

By the Civil Aeronautics Board.P hyllis T. K aylor,1

Secretary.[PR Doc.77-30548 Filed 10-18-77;8:45 am]

[ 3 5 1 0 -2 4 ]DEPARTMENT OF COMMERCE

Economic Development Administration PEERLESS MACHINERY CO.

Petition for a Determination of Eligibility To Apply for Trade Adjustment Assistance

A petition by The Peerless Machinery Co., 213 California Street, Newton, Mass. 02158, a producer of shoe machinery, was accepted for filing on October 7, 1977, pursuant to Section 251 of the Trade Act of 1974 (Pub. L. 93-618) and § 315.23 of the Adjustment Assistance Regulations for Firms and Communities (13 CFR Part 315). Consequently, the United States Department of Commerce has initiated an investigation to determine whether increased imports into the United States of articles like or directly competitive with those produced by the firm contributed importantly to total or partial separation of the firm’s workers, or threat thereof, and to a decrease in sales or production of the petitioning firm.

Any party having a substantial interest in the proceedings may request a public hearing on the matter. A request for a hearing must be received by the Chief, Trade Act Certification Division, Economic Development Administration, U.S. Department of Commerce, Washington, D.C. 20230, no later than the close of

* All Members concurred.

business of the tenth calendar day following the publication of this notice.

Charles L. S mith, Acting Chief, Trade Act Certifi

cation Division, Office of Planning and Program Support.

[PR Doc.77-30459 Piled 10-18-77;8:45 am]

[ 3 5 1 0 - 1 2 ]National Oceanic and Atmospheric

AdministrationMID ATLANTIC FISHERY MANAGEMENT

COUNCILPublic Meeting

The Mid Atlantic Fishery Management Council, established by Section 302 of the Fishery Conservation and Management Act of 1976 (Pub. L. 94-265), will meet November 9 and 10,1977 at the Sheraton Inn, Route 13, Dover, Delaware 19901. The meeting starts 9 a.m. on November 9th and will adjourn at about 1 p.m. on November 10th.

Proposed Agenda: (1) Mackerel Plan; (2) Squid Plan; (3) Administrative matters. ,

Meeting is open to the public. For more information on seating, changes to the agenda, or written comments, contact John C. Bryson, Executive Director, Mid Atlantic Fishery Management Council, Room 2115, Federal Building, Dover, Delaware 19901. Telephone: 302-674-2331.

Dated: October 14,1977.W infred H. Meibohm,

Associate Director, National Marine Fisheries Service.

[PR Doc.77-30538 Filed 10-1^-77;8:45 am]

[ 3 5 1 0 - 2 5 ]COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTSINCREASING IMPORT LEVELS FOR CER

TAIN COTTON APPAREL FROM THE SOCIALIST REPUBLIC OF ROMANIA

October 14, 1977.AGENCY: Committee for the Implementation of Textile Agreements.ACTION: Increasing the consultation level for women’s, misses’ and children’s cotton trousers, slacks, and outer shorts (Category 51), produced or manufactured in Romania and exported to the United States during the year which began on January 1, 1977. (4 detailed description of the categories -in terms ofT.S.U.S.A. numbers was published in the Federal R egister on February 3, 1975 (40 FR 5010), as amended on December 31, 1975 (40 FR 60220), December 30, 1976 (41 FR 56881), January 21,1977 (42 FR 3888), and March 7, 1977 (42 FR 12898).SUMMARY: The Government of the Socialist Republic of Romania, under the terms of paragraph 3(c) of the Bilateral Cotton Textile Agreement of June 2,

1975, between the Governments of the United States and the Socialist Republic of Romania, the Government of the Socialist Republic of Romania has requested permission to exceed the consultation level for Category 51 during the agreement year which began on January 1, 1977. The United States Government has agreed to increase the level to 59,842 dozen. (1,065,000 square yards equivalent).EFFECTIVE DATE : October 20,1977.FOR FURTHER INFORMATION CONTACT:

Edmond Callahan, International Trade Specialist, Office of Textiles, U.S. Department of Commerce, Washington, D.C.20230, 202-377-5423.

SUPPLEMENTARY INFORMATION: On December 27, 1976, a letter dated December 20, 1976 was published in the F ederal R egister (41 FR 56214) from the Chairman of the Committee for the Implementation of Textile Agreements to the Commissioner of Customs which established levels of restraint applicable to certain categories of cotton textile products, produced or manufactured in Romania and exported to the United States during the twelve-month period which began on January 1, 1977, pursuant to the terms of the Bilateral Cotton Textile Agreement of June 2, 1975 between the Governments of the United States and the Socialist Republic of Romania. The bilateral agreement also establishes levels for categories of cotton textile products, such as Category 51, which are not subject to specific levels of restraint or designated annual consultation lèvels. At the request of the Government of the Socialist Republic of Romania the United States Government has agreed to increase the level or restraint for Category 51 to 59,842 dozen for the twelve-month period which began on January 1, 1977, and will control importe at that level for the year. In the letter of October 20, 1977, published below, the Chairman of the Committee for the Implementation of Textile Agreements directs the Commissioner of Customs to prohibit entry into the United States for consumption and withdrawal from warehouse for consumption of cotton textile products in Category 51, produced or manufactured in Romania, in excess of 59,842 dozen. Imports in Category 51 during the period January 1,1977 through August 31,1977, have amounted to 36,138 dozen and will be charged to the level of restraint. When the data are available, further charges will be made to account for the period from September 1, 1977 through the effective date of this action.

Arthur G arel,Acting Chairman, Committee

for the Implementation of Textile Agreements, U.S. Department of Commerce.


Committee for th e I mplementation of Textile Agreements

C o m m i s s i o n e r of Gustoms,Department of the Treasury,W ashington, D.C.

October 14,1977.Dear Mr. Commissioner: This directive

amends, but does not cancel, the directive issued to you on December 20, 1970 by the Chairm an, Committee for the Implementation of Textile Agreements, concerning imports into the United States of certain cotton textile products, produced or manufactured in Romania.

Under the terms of the Arrangement Regarding International Trade in Textiles done at Geneva on December 20, 1973, pursuant to the Bilateral Cotton Textile Agreement of June 2, 1975 between the Governments of the United States and the Socialist Republic of Romania, and in accordance with the provisions of Executive Order 11651 of March 3, 1972, you are directed, effective on October 20, 1977, and for the twelve-month period which began on January 1, 1977 and extends through December 31, 1977 to prohibit entry into the United States for consumption or withdrawal from warehouse for consumption of cotton textile products in Category 51, produced or manufactured in Romania, in excess of 59,842 dozen.

Cotton textile products in Category 51 which have been released from the custody of the U.S. Customs Service under the provisions of 19 U.S.C. 1448(b), prior to the effective date of this directive shall not be denied entry under this directive.

A detailed description of the categories in terms of T.S.U.S.A. numbers was published in the F ederal Register on February 3, 1975 (40 FR 5010), as amended on December 31, 1975 (40 FR 60220), December 30, 1976 (41 FR 56881), January 21, 1977 (42 FR 3888), and March 7, 1977 (42 FR 12898).

In carrying out the above directions, entry into the United States for consumption shall be construed to include entry for consumption into the Commonwealth of Puerto Rico.

The actions taken with respect to the Government of the Socialist Republic of Romania and with respect to imports of cotton textile products from Romania have been determined by the Committee for the Implementation of Textile Agreements to involve foreign affairs functions of the United States. Therefore, the directions to the Commissioner of Customs, being necessary to the implementation of such actions, fall within the foreign affairs exception to the rulemaking provisions of 5 U.S.C. 553. This letter will be published in the Federal Register.

Sincerely,Arthur Garel,

A ctin g C hairm an, C o m m ittee for th e Im p lem en ta tio n o f T ex tile Agreem en ts, U.S. D ep a rtm en t o f C om merce.

[FR Doc.77-30497 Filed 10-18-77;8:45 am]

[ 3910-01 ]DEPARTMENT OF DEFENSE

Department of the Air ForceUSAF SCIENTIFIC ADVISORY BOARD

MeetingOctober 4, 1977.

The USAF Scientific Advisory Board information Processing Panel on Software Management in the Air Force will hold a meeting in the Pentagon, Washington, D.C. on November 4, 1977 from 8:30 a.m. to 4 p.m.

% NOTICES

The Panel will receive classified, briefings and hold classified discussions on various Air Force software acquisition programs.

The meeting will be closed to the public in accordance with Section 552b(c) of Title 5, United States Code, specifically subparagraph (1).

For further information contact the Scientific Advisory Board Secretariat at 202-697-8404.

Frankie S. Estep,Air Force Federal Register

Liaison Officer, Directorate of Administration.

[FR Doc.77-30515 Filed 10-18-77;8:45 am]

[ 3910- 0 5 ]USAF SCIENTIFIC ADVISORY BOARD

MeetingsOctober 11, 1977.

The USAF Scientific Advisory Board ad hoc Committee on Simulation Technology will hold meetings on November 29 and 30, 1977 from 8:30 a.m. to 5 p.m. each day.

The Committee will receive briefings and hold discussions on the Air Force Research Program.

The meetings will be open to the public. For further information contact the Scientific Advisory Board Secretariat at 202-697-8404.

F rankie S. Estep,Air Force Federal Register Li

aison Officer, Directorate of Administration.

[FR Doc.77-30516 Filed 10-18-77; 8:45 am]

[ 3810- 7 0 ]Office of the Secretary

PRIVACY ACT OF 1974 New General Routine Use

AGENCY: Department of Defense.ACTION: Notification of New General Routine Use.SUMMARY: The Department of Defense (DoD) proposes to establish an additional new general routine use applicable to all systems of records notices of the DoD Components under the Privacy Act. This new routine use is established so as to permit the DoD to furnish a t the request of the Department of Health, Education, and Welfare (DHEW) personal information on active and retired military personnel.DATES: This routine use shall become effective as proposed without further notice in 30 calendar days from the date of this publication (November 18, 1977), unless comments are received on or before November 18, 1977, which would result in a contrary determination. ADDRESS: Send comments to: Executive Secretary, Defense Privacy Board, Room 5H-023, Forrestal Building, 1000 Independence Avenue SW., Washington, D.C. 20314.

55837


Lt. CÓL Aurelio Nepa, Jr., USAF, Staff Director, Defense Privacy Board, at the above address or call 202-693-0987.

SUPPLEMENTARY INFORMATION: Investigation has established that some individuals employed by the Federal Government are recipients of Aid to Families with Dependent Children (AFDC) under the provisions of 42U.S.C. 601, et seq., so as to be ineligible for such benefits. In order to determine if this problem exists among military personnel of the DoD, and in order to verify eligibility of DoD military personnel for other benefits, the Department of Health, Education, and Welfare (DHEW) has requested DoD to supply on computer tape, the name, rank, and social security number of active and retired military personnel.

Accordingly, the DoD proposes to add an additional new general routine use to the existing general routine uses set forth in the preface of each DoD Component system notices published in Part VI of the Federal R egister of September 28, 1977 (FR Doc 77-28255) as the DoD Privacy Act Issuances, Annual Publication, beginning with the preface to systems notices of the United States Army (42 FR 50397), as follows:R outine U se—D isclosure to Depart

ment of Health, Education, and Welfare

All systems of records relating to compensation, employment or retirement, or extracts therefrom, maintained by this Component may be disclosed as a routine use to the Department of Health, Education, and Welfare for the purpose of comparing such record with records of programs administered by and in the possession of the Department of Health, Education, and Welfare in order to verify information where such verification is required by law or regulation or to identify violations or potential violations of law, whether criminal, civiL or regulatory, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto.

Maurice W. Roche, Director,, Correspondence and

Directives, OASD (Comptroller).October 13,1977.[FR Doc.77-30615 Filed 10-18-77;8:45 am]

[ 6740-02 ]DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission [Docket No. CP77-646]

ARKANSAS OKLAHOMA GAS CORP. Application

October 11, 1977.Take notice that on September 28,

1977, Arkansas Oklahoma Gas Corp. (Applicant), 115 North 12th Street, Fort


55838 NOTICES

Smith, Ark. 72901, filed with the Federal Power Commission in Docket No. CP77- 646 an application pursuant to Section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing the construction and operation of facilities required to purchase the production from one gas well located within approximately 2,725 feet of Applicant’s present pipeline system in Sebastian County, Arkansas, all as more fully set forth in the application which is on file with the Commission and open to public inspection.

Applicant requests authorization to construct and operate a 4% inch O.D. gathering line together with necessary valves, fittings and metering and regulating facilities, running from a gas well owned by Stephens Production Co. and located in Le Flore, County, Okla., to a point of connection with Applicant’s present facilities in Sebastian County, Ark. The estimated cost of the facilities is $108,650, which cost would be financed from funds on hand, it is indicated.

Applicant asserts that the additional gas supply to be obtained through the proposed facilities would be used to maintain service to Applicant’s existing customers. Applicant states that the facilities proposed to be constructed would not result in any increase in the delivery capacity of its presently authorized pipeline system.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 31, 1977, file with the Federal Energy Regulatory Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 1.8 or1.10) and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a petition to intervene in accordance with the Commission’s Rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of Practice and Procedure, a hearing will be held without further notice before the Commission on this application if no petition to intervene is filed within the time required herein, if the Commission on its own review of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be

unnecessary for Applicant to appear or be represented at the hearing.

K enneth F. P lumb,Secretary.

[FR Doc.77-30498 Filed 10-18-77;8:45 am]

[ 6740-02 ][Docket No. ER78-4]

CENTRAL VERMONT PUBLIC SERVICE CORP.

Filing of Purchase Power ContractO ctober 12, 1977.

Take notice that Central Vermont Public Service Corp. (Company) on October 3, 1977, tendered for filing a rate schedule with a Purchase Power Contract between the Company and the Village of Ludlow Electric Light Department (Customer), dated September 26, 1977.

According to the Company, the service to be furnished under this rate schedule consists of a continuing 5-year sale by the Company to the Customer of unreserved system capacity in amounts as specified by the Customer. The Company states that the rate under which service is to be rendered is the same as that provided for in FPC Rate Schedules No. 88 and 92.

The Company requests an effective date of November 1, 1977, and therefore requests waiver of the Commission’s notice requirements.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with Sections1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8,1.10). All such petitions or protests should be filed on or before October 24, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this application are on file with the Commission and are available for public inspection.

K enneth F. P lumb,Secretary,

[FR Doc.77-30506 Filed 10-18-77;8:45 am]

[ 6740-02 ][Docket No. ER78-5]

CENTRAL VERMONT PUBLIC SERVICE CORP.

Filing of Power Transmission Contract October 12, 1977.

Take notice that Central Verjmont Public Service Corp. (Company) on October 3, 1977, tendered for filing a rate schedule with a Power Transmission Contract between the Company and the Village of Ludlow Electric Light Depart

ment (Customer) dated September 26, 1977.

According to the Company, the service to be furnished under this rate schedule consists of the transmission of capacity and associated energy for the account of the Customer. The Company indicates that such capacity and associated energy shall relate to all purchases and sales made by the Customer for delivery commencing on or after the date of the agreement. The Company states that the rate under which service is to be provided is the same as that provided for in its FPC Rate Schedules No. 89 and 93.

The Company requests an effective date of November 1, 1977, and therefore requests waiver of the Commission’s notice requirements.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with-the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with Sections1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8,1.10). All such petitions or protests should be filed on or before October 24, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this application are on file with the Commission and are available for public inspection.


[FR Doc.77-30505 Filed 10-18-ff;8:45 am]

[ 6740-02 ], [Docket No. CP77-632]

CITY OF HOLLY SPRINGS GAS SYSTEM AND SOUTHERN TRANSMISSION CORP.

ApplicationOctober 11, 1977.

Take notice that on September 23, 1977 1 City of Holly Springs Gas System (Applicant), City Hall, Holly Springs, Miss., filed in Docket JHo. CP77-632 an application pursuant to Section 7(a) of the Natural Gas Act for an order of the Commission directing Southern Transmission Corp. (Respondent) to connect its natural gas transmission facilities with the proposed facilities of Applicant, and to sell and deliver to Applicant up to 1300 Mcf of natural gas per day during 5 winter months at said point, all as more fully set forth in the application which is on file with the Commission and open to public inspection.

1 The application was initially tendered for filing on September 23, 1977; however, the fee required by Section 159.1 of the regulations under the Natural Gas Act (18 CFR 159.1) was not paid until September 27, 1977; thus, filing was not completed until the latter date.


NOTICES 55839

The interconnection would be a t Respondent’s proposed 8%-inch O.D. transmission line located in Marshall County, Miss, it is said. Applicant states that its present source, Tennessee Gas Transmission Company, a Division of Tenneco Inc. (Tennessee), has had curtailment problems which have caused severe hardships to the community, and that the proposed new source of gas supply would be used to supplement the prime source during such curtailment periods. Applicant indicates that this connection with Respondent is an initial connection but is not the initial connection for the system.

The cost of the plant and equipment to provide the subject interconnection including necessary meter equipment is $7,200, including engineering cost, which cost would be financed out of contingency funds budgeted for the current operation, it is said.

Any person desiring to be heard or to make any protest with reference to said application should on or before November 2, 1977, file with the Federal Energy Regulatory Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the requirements of the Commission ’s Rules or Practice and Procedure (18 CFR 1.8 or 1.10) and the Regulations under the Natural Gas Act (18 CFR 156.9). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a petition to intervene' in accordance with the Commission’s Rules.

K enneth F. P ltjmb, Secretary.

[FR Doc.77-30499 Filed 10-18-77; 8t 45 am]

[6 7 4 0 -0 2 ][Docket No. CP77-655]

COLORADO INTERSTATE GAS CO.Application

Take notice that on September 30, 1977, Colorado Interstate Gas Co. (Applicant), P.O. Box 1087, Colorado Springs, Colo. 80944, filed with the Federal Power Commission in Docket No. CP77-655 an application pursuant to Section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing the construction, installation, and operation of certain facilities to increase the winter-day design of Applicant’s existing Wyoming main line to approximately 678,000 Mcf per day, all as more fully set forth in the application which is on file with the Commission and open to public inspection.

The facilities which Applicant proposes to construct, install, and operate to increase the winter-day design of its existing Wyoming transmission line which extends from a point near Green River, Wyo., to Watkins Junction, near Denver, Colo., are as follows:

1. a. Approximately 11.7 miles of 24-inch pipeline loop downstream of the point where the Desert Springs Field supply enters the main line (Segment A).

b. Approximately 22.0 miles of 24-inch pipeline loop upstream of the existing Rawlins Compressor Station (Segment B ).

c. Approximately 20.7 miles of 24-inch pipeline loop upstream of the existing Laramie Compressor Station (Segment C ).

d. Approximately 55.7 miles of 24-lnch pipeline loop downstream of the Ault delivery point (Segment D ).

e. Approximately 5.2 miles of 30-inch pipeline loop from the end of Segment D to Watkins Junction (Segment E ).

2. Install and operate the following facilities which are proposed to be leased—

a. A reciprocating gas compressor unit of approximately 2,000 horsepower to be installed at the existing Rawlins Compressor Station.

b. A reciprocating gas compressor unit of approximately 3,400 horsepower to be installed at the existing Laramie Compressor Station.

c. The proposed Cheyenne Compressor Station, Including multiple reciprocating gas compressor units having a total of approximately 10,000 horsepower available for compression, appurtenant facilities and equipment, compressor building, and associated yard and station piping.

I t is indicated that the total estimated cost of the proposed facilities outlined in1., above, along with certain support facilities for the new Cheyenne Compressor Station, is $21,730,805. Applicant indicates that the facilities to be owned by it would be funded from proceeds obtained in accordance with its overall 1977-78 financing plan.

Applicant states that it needs additional long-term gas supplies to enable it to continue serving its existing customers at the current level of annual and peak day volumes. Applicant proposes to expand its Wyoming Line winter-day delivery capacity from approximately 434,000 Mcf per day to approximately 678,000 Mcf per day. Applicant states that its 1977-1978 heating season supply exceeds the existing capacity by approximately 60,000 Mcf per day,_ and that the Huddleston study shows an average daily volume of approximately 752,000 Mcf available for purchase and transportation in 1979 from proved, probable, and possible reserves. The total proved volume available in 1979 averages approximately 695,000 Mcf per day, it is said.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 21, 1977, file with the Federal Energy Regulatory Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 1.8 or 1.10) and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing

therein must file a petition to intervene in accordance with the Commission’s Rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of Practice and Procedure, a hearing will be held without further notice before the Commission on this application if no petition to intervene is filed within the time required herein, if the Commission on its own review of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.


[FR Doc.77-30500 Filed 10-18-77:8:45 am]

[6 7 4 0 -0 2 ][Docket No. CP77-643]

COLUMBIA GULF TRANSMISSION CO. AND NATURAL GAS PIPELINE CO. OF AMERICA

ApplicationOctober 11, 1977.

Take notice that on- September 26, 1977, Columbia Gas Transmission Co. (Columbia Gulf), 3805 West Alabama Avenue, Houston, Tex. 77027, and Natural Gas Pipeline Co. of America (Natural), 122 South Michigan Avenue, Chicago, HI. 60603, (Applicants) filed in Docket No. CP77-643 a joint application pursuant to Section 7 of the Natural Gas Act for a certificate of public convenience and necessity authorizing the transportation and exchange of up to 750 Mcf of natural gas per day, all as more fully set forth in the application which is on file with the Commission and open to public inspection.

It is stated that Exxon Co., U.S.A. (Exxon) would have available for purchase by and would sell to Columbia Gas Transmission Corp. (Columbia Transmission) on or about August 1, 1977, its interest in the gas produced from the Gamble-Danial Cameron Meadows Land Co. No. 16 Well located in Cameron Parish, La. It is further stated that the other gas from said well is being sold to United Gas Pipeline Co. (United) and is delivered to Natural for United’s account. The application states that the gas from said well would be delivered to Natural a t an existing point on Natural’s ' 30-inch pipeline located in Cameron Parish, La.

It is indicated that Applicants have entered into an exchange agreement dated September 12,1977, whereby Natural would receive the gas (up to 750 Mcf per day) for Columbia Gulf’s account at


55840

the abpve described ■existing point and deliver a thermally equivalent volume of gas to Columbia Gulf a t existing measuring facilities owned and operated by Columbia Gulf a t the tailgate of Amoco Production Co.’s South Thomwell Processing Plant. The term of the said agreement is for 7 years from the date of first -delivery of gas and from year-to- year thereafter until terminated by one party giving the other party at least one year’s prior notice subject to, extension for balancing, it is said.

I t is stated th a t Columbia Gulf would pay Natural a negotiated handling charge of $250 for any month during which gas is exchanged hereunder.

Any person desiring to be heard or to make any protest with reference to said application should cm or before October 21, 1977, file with the Federal Energy Regulatory Commission, Washington, D C. 20426, a petition to intervene or a protest in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 1.8 or 1.1Q) and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a petition to intervene in accordance with the Commission’s Rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of Practice and Procedure, a hearing will be held without further notice before the Commission on this application if no petition to intervene is filed within the time required herein, if the Commission on its own review of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion believes that a formal hearing is required, further notice of such healing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicants to appear or be represented at the hearing.


[FR Doc.77-30501 Filed 10-18-77;8:45 am]

[ 6 7 4 0 - 0 2 ][Docket No. ER78-6]

CONSOLIDATED EDISON CO. OF NEW YORK, INC.

Filing of Tariff ChangesO ctober 12, 1977.

Take notice that on October 3, 1*977, Consolidated Edison Co. of New York,

NOTICES

Inc. (‘‘Con Edison”) tendered for filing three successive proposed changes in its rate schedule for transmission and distribution service to the Power Authority of the State of New York (“PASNY”), Con Edison Electric Rate Schedule FPC No. 42, Supplement No. 1. Con Edison indicates that the proposed changes have the cumulative effect of increasing revenues from jurisdictional service to PASNY by approximately $16 million annually.

According to Con Edison the changes represent PASNY’s proportionate share of a recent rate increase granted to Con Edison by the New York Public Service Co.

Con Edison states that a copy of the filing has been served upon PASNY.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with the Federal Energy Regulatory Commission, Washington, D.C. 20426, in accordance with Sections 1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before October 24, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this filing are on file with the Commission and are available for public inspection.

K enneth P . P lumb,Secretary.

[FR Doe.77-30507 Filed 10-18-77;S:45 am]

[6 7 4 0 -0 2 ][Docket No. CF77-647]

EASTERN SHORE NATURAL GAS CO.Application


1977, Eastern Shore Natural Gas Co. (Applicant) 201 East Main Street, Salisbury, Md. 21801, filed in Docket No. CP77- 647 an application pursuant to Section 7(c) of the Natural Gas Act and Section 2.79 of the Commission’s General Policy and Interpretations (18 CFR 2.79) for a certificate of public convenience and necessity authorizing the transportation of up to 2,000 Mcf of natural gas per day, on an interruptible basis, for 2 years for Stauffer Chemical Co. (Stauffer), an existing industrial customer of Applicant, nil as more fully set forth in the application on file with the Commission and open to public inspection.

Applicant requests authorization to transport gas for Stauffer pursuant to an agreement dated August 4, 1977, between the two parties. Applicant states that Stauffer would purchase the subject gas from the Anschutz Corp. (Anschutz) which gas is produced from the Lake Arthur Field, Jefferson Davis Parish, La. Applicant further states that Stauffer would arrange for the delivery to Appli

cant of the purchased quantities through the transportation facilities of Columbia Gulf Transmission Co. (Columbia Gulf) and Transcontinental Gas Pipe Line Corp. (Transco). Applicant indicates that it would receive the transportation quantities from Transco for the account of Stauffer a t existing points of delivery and would redeliver such quantities to Stauffer’s, Delaware City, Del., plant where Stauffer would use the gas as Priority 2 feedstock for the manufacture of carbon disulfide, a nonsubsti- tutable raw material used in the production of rayon, cellophane, and agricultural chemicals.

Applicant indicates that it would charge Stauffer 30.6 cents per Mcf of natural gas transported, which rate is consistent with the rate at which Appli- -cant has provided transportation service to Stauffer in the past.

Transco indicates in its application filed in Doeket No. CP77-622 that Staùffer would pay Anschutz for each Mcf of natural gas delivered a price as follows :

(a) Commencing on the date pf initial delivery hereunder and continuing for an initial term hereinafter referred to as primary term, 12 months, $1.97 per Mcf.

(b) On thafirst day of the month following the end of the 12-month term, the price would be increased $.10 per Mcf.Transco also indicates in its application that Anschutz is unwilling to sell the gas for resale in the interstate market.

Any person desiring to be heard or to make any protest with reference to said application should on or before October 21, 1977, file with the Federal Energy Regulatory Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 1.8 or1.10) and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a petition to intervene in accordance with the Commission’s Rules.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of Practice and Procedure, a hearing will be held without further notice before the Commission on this application if no petition to interevene is filed within the time required herein, if the Commission on its own review of the matter finds th a t a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission on its own motion believes that a formal hear-

FEDERAL REGISTER, VOI. 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977

NOTICES 55841

ing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be, unnecessary for Applicant to appear or be represented a t the hearing.

K enneth P. P ltjmb, Secretary.

[PR Doc.77-30502 Piled 10-18-77; 8:45 am]

[ 6740-02 ][Docket No. ER78-2]

FITCHBURG GAS AND ELECTRIC LIGHT CO. AND BANGOR HYDRO-ELECTRIC CO.

Initial Rate FilingOctober 12, 1977.

Take notice that Fitchburg Gas and Electric Light Co. (“Fitchburg”) and Bangor Hydro-Electric Co. (“Bangor”) on October 3, 1977, tendered for filing as an Initial Rate Schedule an Electric Generating Capability Sales Agreement. Bangor and Fitchburg indicate that the Agreement provides for the sale by Fitchburg to Bangor of 21.05 MW of electric generating capability during September 30, 1977, and from October 1, 1977 through October 31, 1977 an amount of capacity from Unit 6 as to which Bangor will timely notify Fitchburg of the exact amount, such amount presently estimated to be approximately 52% of the 21.05 MW total capacity of Unit 6.

Fitchburg and Bangor state that copies of this Agreement have been sent to the Maine Public Utilities Commission and the Massachusetts Department .of Public Utilities.

Bangor and Fitchburg request waiver of the Commission’s notice requirement to allow the Agreement to become effective as of September 1, 1977.

Any person desiring to be heard or to protest said application should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with Sections 1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before October 25, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this application are on file with the Commission and are available for public inspection.

K enneth F. Plumb,Secretary.

[PR Doc.77-30508 Piled 10-18-77;8:45 am]

[ 6740-02 ][Docket No. CP74-192]

FLORIDA GAS TRANSMISSION CO. Settlement Conference

October 12, 1977.Take notice that the settlement con

ference in the above-referenced docket,

originally scheduled for October 19,1977, has been postponed until October 27, 1977 at 10 a.m. in a hearing room at the Federal Energy Regulatory Commission.

K enneth F . P lumb, Secretary.

[PR Doc.77-30509 Piled 10-18-77;8:45 am]

[ 6740-02 ][Docket No. ER78-11]

KENTUCKY UTILITIES CO.Filing of Fourth Supplemental Agreement

to Interconnection AgreementOctober 12, 1977.

Take notice that Kentucky Utilities Co. (KU) on October 6, 1977, tendered for filing Fourth Supplemental Agreement dated January 31, 1967, between KU and Central Illinois Public Service Co. (CIPS). The Commission has previously designated the January 31, 1967, Agreement as KU Rate Schedule FPC No. 81, CIPS Rate Schedule FPC No. 59.

KU states that the Fourth Supplemental Agreement to the Interconnection Agreement provides for an increase in the demand charge for short term power, proposed to become effective November 1,1977. KU also states that, since the use of short term service cannot be accurately determined or estimated, it is impossible to determine or estimate the increase in revenues resulting from the increased charges.

According to KU, copies of the filing were served upon Central Illinois Public Service Company.

KU requests waiver of the Commission’s notice requirements to allow for an effective date of November 1, 1977.

Any person desiring to be heard or to protest said application should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with sections 1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before October 24, 1977. Any person wishing to become a party must file a petition to intervene. Copies of this application are on file with the Commission and are available for public inspection.

K enneth F. P lumb, Secretary.

[FR Doc.77-30510 Filed 10-18-77;8:45 am]

[ 6740-02 ][Docket No. ER78-3]

NEW ENGLAND POWER CO.Initial Filing

October 12,1977.Take notice that New England Power

Co. (NEP) on October 3, 1977, tendered for filing a Power Contract between itself and Central Maine Power Co. (CMP) that provides for a purchase by CMP of varying amounts of capacity and energy during the period May 1, 1977 through

the earlier to occur: October 31, 1978, or the commercial operation date of CMP’s Wyman Unit No. 4.

NEP requests waiver of the Commission’s notice requirements to allow an effective date of May 2,1977.

Any person desiring to be heard or to protest said application should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with Sections1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8,1.10). All such petitions or protests should be filed on or before October 24, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this application are on file with the Commission and are available for public inspection.


[FR Doc.77-30511 Filed 10-18-77;8:45 am]

[ 6740-02 ]■[Docket No. RP75-50]

TENNESSEE GAS PIPELINE CO., DIVISION OF TENNECO INC.

Proposed Tariff FilingOctober 12, 1977.

Take notice that on September 30,1977, Tennessee Gas Pipeline Co., A Division of Tenneco Inc. (Tennessee), tendered for filing proposed changes to its FPC Gas Tariff, Ninth Revised Volume No. 1, consisting of the following tariff sheets:Fifth Revised Sheet No. 229Sixth Revised Sheet Nos. 227, 228, 230, 231,

232, and 233Tennessee states that the revised tariff

sheets, proposed to be effective on October 31, 1977, reflect revisions to its Index of Purchasers, including those necessary to conform to the Commission’s order approving the Settlement Agreement in Docket No. RP75-50, issued February 28, 1977.

It appears reasonable and consistent with the public interest in this proceeding to prescribe a period shorter than 15 days for the filing of protests and petitions to intervene. Therefore, any person desiring to be he:.rd or to protest said filing should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with §§ 1.8 and 1.10 of the Commission’s rules of practice and procedure (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before October 19, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene; provided, however, that any person who has previously filed a petition to intervene in


55842 NOTICES

this proceeding is not required to file a f urther petition. Copies of this filing are on file with the Commission and are available for public inspection.

K enneth P. P lumb,Secretary.

[PR Doc. 77-30512 Filed 10-18-77;8:45 am]

[ 6 7 4 0 -0 2 1[Docket No. RP77-139]

TEXAS GAS TRANSMISSION CORP.Proposed Changes in FPC Gas Tariff

O ctober 11, 1977.Take notice that on September 30,

1977, Texas Gas Transmission Corp. (Texas Gas) tendered for filing proposed changes to Its FPC Gas Tariff, Third Revised Volume No. 1 and Original Volume No. 2. The proposed changes would increase revenues from jurisdictional sales and services by approximately $63,- 962,000 based on the 12 month period ending June 30, 1977, as adjusted, compared with the rates effective August 1, 1977.

Texas Gas states that the increase costs are attributable to (1) increases inr operating expenses; (2) increase in rate base and related costs; (3) increased income taxes resulting from the reduction in tax depreciation on pre 1955 plant; and (4) increase in rate of return.

Texas Gas requests an effective date of November 1, 1977, for the proposed Revised Sheets. Texas Gas further states that it served copies of this filing upon the company’s jurisdiction customers and interested state commissions.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with Sections1.8 and 1.10 of the Commission’s Rules of Practice and Procedure (18 CFR 1.8,1.10). All such petitions or protests should be filed on or before October 21, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this filing are on file with the Commission and are available for public inspection.

K enneth F. Plumb,Secretary.

[PR Doc.77-30503 Piled 10-18-T7;8:45 am]

[ 6 7 4 0 - 0 2 ][Docket No. CP75-17]

TRANSWESTERN PIPELINE CO. Notice of Petition To Amend


1977, Transwestem Pipeline Co. (Peti

tioner), P.O. Box 2521, Houston, Tex. 77061, filed in Docket No. CP75-17 a petition to amend the order of October 17, 1974, issued hi the instant docket <52 FPC 961) pursuant to Section 7 of the Natural Gas Act so as to provide for the construction and operation of one additional tap to be used for the direct sale of natural gas to one of Petitioner’s right-of-way grantors, all as more fully set forth in the petition to amend on file with the Commission and open to public inspection.

It is indicated that pursuant to the order of October 17, 1974, Petitioner was granted authorization to construct and operate three farm tap facilities for the delivery of gas to and operate three farm tap facilities for the delivery of gas to three grants or easements and right-of- way to Petitioner in Hansford County and Lipscomb County in the Texas Panhandle, and that pursuant to the Commission’s amending order of November 15, 1976, Petitioner was granted authorization to construct and operate nine additional farm tap facilities for the delivery of natural gas to Petitioner’s right-of-way and easement grantors in Carson, Ochiltree, Gray, Parmer, and Castro Counties, Tex. It is further indicated that on September 8, 1977, the Commission further amended its order of October 17, 1974, by authorizing Petitioner to construct and operate three additional taps to serve its right-of-way grantors.

Petitioner requests authorization herein to construct and operate the following facility:

A one-inch tap meter and related equipment located in Gray County, Texas, for the delivery of-natural gas to Mr. L. L. StovaU.Petitioner indicates that the cost of the facilities is estimated to be $11,870, and that Petitioner would own the tap and related equipment on its line and would be partially reimbursed by the customer for the cost Df said tap.

I t is indicated that this petition is filed in order to implement the agreement entered into by Petitioner to provide direct gas service to the grantor under the right-of-way grant, and that this grantor has reserved in such grant of easement and right-of-way a right to have a tap installed on Petitioner’s pipeline and to purchase natural gas from Petitioner for domestic and agricultural uses. Petitioner proposes to render natural gas service not in excess of 200 Dekatherm (Dth) equivalent per day, and the total service is estimated to be 18,250 Dth for the first year, 36,500 Dth for the second year and 73,000 Dth for each year thereafter.

Any person desiring to be heard or to make any protest with reference to said petition to amend should on or before October 21, 1977, file with the Federal Energy Regulatory Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance with the re

quirements of the Commission’s Rules of Practice and Procedure (18 CFR 1.8 or1.10) and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a petition to intervene in accordance with the Commission’s Rules.

Kenneth F . P lumb,Secretary.

[PR Doc.77-30504 Filed 10-18-77;8:45 am]

[6 7 4 0 -0 2 ][Docket No. ER78-10]

WISCONSIN POWER AND LIGHT CO.Filing of Proposed Wholesale Power

AgreementO ctober 12, 1977.

Take notice that on October 5, 1977, Wisconsin Power and Light Co. (WPL) tendered for filing a Wholesale Power Contract dated September 16, 1977, between the Cross Plains Electric Co., Cross Plains, Wis. and WPL. WPL states that this contract will supersede an masting contract for wholesale electric service dated September 7, 1967 and designated WPL Rate Schedule FPC No. 67.

WPL requests a proposed effective date of September 16, 1977 and therefore requests waiver of the notice requirements of the Commission’s Regulations. WPL states that a copy of the Wholesale Power Contract and the filing have been provided to the Cross Plains Electric Co. and the Public Service Commission of Wisconsin.

Any person desiring to be heard or to protest said filing should file a petition to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, in accordance with §§1.8 and 1.10 of the Commission’s rules of practice and procedure (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before October 24, 1977. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene. Copies of this filing are on file with the Commission and are available for public inspection..

K enneth F. P lumb, Secretary.

[FR Doc.77-30513 Piled 10-18-77;8:45 am]


NOTICES 55843

[1 5 0 5 -0 1 ]ENERGY RESEARCH AND

DEVELOPMENT ADMINISTRATION URANIUM HEXAFLUORIDE

Base Charges, Use Charges, Special Charges, Table of Enriching Services; Specifications, and Packaging; Revisions

CorrectionIn FR Doc. 77-28705 appearing at page

51635 in the issue for-Thursday, September 29,1977:

1. The heading “Uranium Herafluo- ride” should read “Uranium Hexafluoride,” as set forth above.

2. In the fifteenth line of the first paragraph “August 9,1976” should read “August 9, 1973”.

[1 5 0 5 -0 1 ]URANIUM SUPPLY POLICY

CorrectionIn FR Doc. 77-28704 appearing at page

51636 in the issue for Thursday, September 29, 1977r

1. “UD8,” which appears three times in numbered paragraph 1 and once in numbered paragraph 3, should read “UDs.”

2. In the sixth line, third column, page 51636, “demonstrates the ERDA’s” should read “demonstrates to ERDA’s.”

3. In the nineteenth line of numbered paragraph 5, third column, page 51636, “ERDA will ease” should read “ERDA will lease”.

4. In the last full line of numbered paragraph 6, first column, page 51637, “components” should read “component.”

[6 5 6 0 -0 1 3ENVIRONMENTAL PROTECTION

AGENCY* [FRL 806-6; PW12 J

PESTICIDE PETITION Withdrawal

On November 11, 1969, the Food and Drug Administration (FDA) gave notice (34 FR 18141) that Fisons Corp., Agricultural Chemicals Division, Two Preston Court, Bedford Mass. 01730, had filed a petition (PP 0FO897). Since December 2, 1970, the Environmental Protection Agency (EPA) has been given the responsibility of publishing the notices, of filing of petitions. This petition proposed the establishment of a tolerance for residues of the insecticide 5,6-dichloro-l- phenoxycarbonyl- 2 -trifluoromethyl- benzimidazole in or on the raw agricultural commodity apples.

Fisons Corp. has withdrawn this petition without prejudice in accordance with the regulations (40 CFR 180.8) pertaining to Section 408 of the Federal

Food, Drug, and Cosmetic Act [21 U.S,C. 346a (d) 3.

Dated: October 7,1977.H erbert S. H arrison,


[FR Doc.77-30541 Filed 10-18-77;8:45 am] ,

[ 6 5 6 0 -0 1 3[FRL 806-2; PF82]

PESTICIDE PROGRAMS Filing of Pesticide Petition

BASF Wyandotte Corp., 100 Cherry Hill Rd., PO Box 181, Parsippany, N.J. 07054, has submitted a petition (PP 7F2005) to the Environmental Protection Agency (EPA) which proposes that 40 CFR 180.355 be amended by establishing a tolerance for combined residues

-of the herbicide 3-isopropyl-lii-2,1,3- benzothiadiazin-4(3H) -one 2,2-dioxide and its 6- and 8-hydroxy metabolites in or on the raw agricultural commodities bean forage, pea forage, peanut forage, soybean forage, and soybean hay at 3 parts per million (ppm). Accordingly, the petition also proposed to delete the 0.3 ppm tolerance on soybean hay. Proposed analytical method for determining residues is a gas chromatographic procedure using a specific flame photometric detector.

Interested persons are invited to submit written comments on this petition to the Federal Register Section, Technical Service Division (WH-569), Office

.of Pesticide Programs, EPA Rm. 401, East Tower, 401 M St. SW., Washington, D.C. 20460. Three copies of the "comments should be submitted to facilitate the work of the Agency and of others inspecting them. Inquiries concerning this petition may be directed' to Product Manager (PM) 25, Registration Division (WH-567), Office of Pesticide Programs, at the above address, or by telephone at 202-426-2632. Written comments should bear a notation indicating the petition number. Comments may be made at any time while a petition is pending before the Agency. All written comments will be available for public inspection in the office of the Federal Register Section from 8:30 a.m. to 4 p.m. Moday through Friday.

Dated: October 12, 1977.D ouglas D. Campt,


[FR Doc.77-30540 Filed 10-18-77:8:45 am]

£ 6 5 6 0 -0 1 3[FRL 806-5; OPP-33000/520, 521, and 522]

RECEIPT OF APPLICATION FOR PESTICIDE REGISTRATION

Data To Be Considered in Support of Applications

On November 19, 1973, the Environmental Protection Agency (EPA) published in the Federal Register (39 FR 31862) its interim policy with respect to the administration of section 3(c) (1) (D) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended [“Interim Policy Statement”]. On January 22, 1976, EPA published in the Federal R egister a document entitled “Registration of a Pesticide Product—Consideration Of Data by the Administrator in Support of an Application” [41 FR 3339]. This document described the changes in the Agency’s procedures for implementing section 3(c) (1) (D) of FIFRA, as set out in the Interim Policy Statement which were effected by the enactment of the recent amendments to FIFRA on November 28, 1975 [Pub. L. 94-140], and the new regulations governing the registration and re-registration of pesticides which became effective on August 4, 1975 [40 CFR Part 162].

Pursuant to the procedures set forth in these Federal R egister documents, EPA hereby gives notice of the applications for pesticide registration listed below. In some cases these applications have recently been received; in other cases, applications have been amended by the submission of additional supporting data, the election of a new method of support, or the submission of new “offer to pay” statements.- In the case, of all applications, the

labeling furnished by the applicant for the product will be available for inspection at the Environmental Protection Agency, Room 209, East Tower, 401 M Street SW., Washington, D.C. 20460. In the case of applications subject to the new section 3 regulations, and applications not subject to the new section 3 regulations which utilize either the 2(a) or 2(b) method of support specified in the Interim Policy Statement, all data citations submitted or referenced by the applicant in support of the application will be made available for inspection a t the above address. This information (proposed labeling and, where applicable, data citations) will also be supplied by mail, upon request. However, such a request should be made only when circumstances make it inconvenient for the inspection to be made at the Agency offices.

Any person who (a) is or has been an applicant, (b) believes that data he developed and submitted to FRA on or after January 1, 1970, is being used to support an application described in this notice, (c) desires to assert a claim under


55844-

section 3(c) (1) (D) for such use of his data, and (d) wishes to preserve his right to have the Administrator determine the amount of reasonable compensation to which he is entitled for such use of the data or the status of such data under section 10 must notify the Administrator and the applicant named in the notice in the Federal Register of his claim by certified mail. Notification to the Administrator should be addressed to the Product Control Branch, Registration Division (WH-567), Office of Pesticide Programs, Environmental Protection Agency, 401 M St. SW., Washington, D.C. 20460. Every such claimant must include, a t a minimum, the information listed in the Interim Policy Statement of November 19, 1973.

Specific questions concerning applications made to the Agency should be addressed to the designated Product Manager (PM), Registration Division (WH- 567) , Office of Pesticide Programs, at the above address, or by telephone as follows:PM 11, 12, and 13—202/755-9315 PM 21 and 22-202/426-2454 PM 24-202/755-2196 PM 31—202/426-2635 PM 33-202/755-9041 PM 15, 16, and 17—202/426-9425 PM 23-202/755-1397 PM 25—202/426-2632 PM 32-202/426-9486 PM 34—202/426-9490

The Interim Policy Statement requires that claims for compensation be filed on or before December 19, 1977. With the exception of 2(c) applications not subject to the new section 3 regulations, and for which a sixty-day hold period for claims is provided, EPA will not delay any registration pending the assertion of claims for compensation or the determination of reasonable compensation. Inquiries and assertions that data relied upon are subject to protection under section 10 of PIFRA, as amended, should be made on or before November 18,1977.

Dated: October 7, 1977.H. S. Harrison,


Applications Received (OPP-3300/520)EPA File Symbol 352-GIL. E. I. DuPont De

Nemours & Co. (Inc.) Biochemicals Dept., Wilmington DE 19898. BENLATE OD FUNGICIDE OIL-DISPERSIBLE POWDER FOR USE ON BANANAS. Active Ingredients: Benomyl Methy 1 - (butylcarbam- oyl)-2-benzimidazole - carbomate] 50%. Method of Support: Application proceeds under 2(b) of interim policy. PM22

EPA Reg. No. 432-450. S. B. Penick & Co., 215 Watchung Ave., Orange NJ 07050. SBP- 1382 AQUEOUS PRESSURIZED SPRAY INSECTICIDE 9.50. Active Ingredients: (5- Benzyl-3-furyl) methyl 2,2-dimethyl-3-(2- methylpropenyl) cyclopropanecarboxylate 0.500%; Related compounds 0.068%; Aromatic petroleum hydrocarbons 0.664%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 432-509. S. B. Penick & Co. YOUR BRAND SBP—1382/BIOALLETHRIN [ 0.20 % +0.20 % ] AQUEOUS PRESSURIZED SPRAY FOR HOUSE AND GARDEN. Active Ingredients: (5-Benzyl-3-furyl) methyl2,2-dimethyl-3- (2-methylpropenyl) cyclo-

NOTICES

propanecarboxylate 0.200%; Related compounds 0.027%; d-trans Allethrin (allyl homolog of Cinerin I) 0.200%; Related compounds 0.015%; Aromatic petrolum hydrocarbons 0.265%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 432-226. S. B. Penick & Co. YOUR BRAND PATIO FOGGER WITH REPELLENT. Active Ingredients: 5- Benzyl-3-furyl) methyl 2,2-dimethyl-3-(2- methylpropenyl) cycloporanecarboxylate 0.250%; Related compounds 0.034%; 2-Hy- droxyethyl n-octyl sulfide 0.950%; Related compounds 0.050%; Aromatic petroleum solvent 0.332%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 538-18. O. M. Scott & Sons, Marysville OH 43040. (SCOTTS) PROTURF BRAND STARTER FERTILIZER PLUS ATRAZINE. Active Ingredients: Atrazine (2-Chloro-4-ethylamino-6-isopro- pylamino-s-triazine) 0.80%. Method of Support: Application proceeds under 2(a) of interim policy. PM25

EPA Reg. No. 619-8. James Huggins & Son, Inc., 239 Medford St., Malden MA 02148. KOLTAROL DISINFECTANT COEFFICIENT 2. Active Ingredients: Coal Tar Neutral Oils 38%; Anhydrous Soap 30%; Coal Tar Acids 22%. Method of Support: Application proceeds under 2(a) of interim policy. PM32

EPA Reg. No. 851-28. Commercial and Industrial Products Co., Rear Main St., Childs PA 18407. CIPCO PINE-A-TROL FORTIFIED PINE TYPE DISINFECTANT. Active Ingredients: Pine Oil 19.7%; ortho- benzyl-para-chlorophenol 6.8%; Soap 8.6%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Revised offer to pay statement. PM32

EPA Reg. No. 876-115. Velsicol Chemical Corp., 341 East Ohio St., Chicago IL 60611. VELSICOL WARFARIN CONCENTRATE. Active Ingredients: Warfarin 0.5%. Method of Support: Application proceeds under 2(a) of interim policy. PM11

EPA Reg. No. 1021-1151. McLaughlin Gorm- ley King Co., 1715 SE Fifth St., Minneapolis MN 55414. PYROCIDE INTERMEDIATE 7048. Active Ingredients: Pyrethrins 1.12%; Methoxychlor, technical 10.00%; Petroleum distillate 5.60%. Method of Support: Application proceeds under 2(a) of interim policy. PM13

EPA File Symbol 1307-REU. Magnolia Chefn- ical Co., Inc., 2646 Rodney Lane, PO Box 29179, Dallas TX 75229. MAGNOLIA BOWL-BRITE. Active Ingredients: Octyl decyl dimethyl ammonium chloride 1.250%; Dioctyl dimethyl ammonium chloride 0.625%; Didecyl dimethyl ammonium chloride 0.625%; Alkyl amino betaine 1.000%; Hydrogen chloride 17.500%. Method of Support: Application proceeds under 2(b) of interim policy. PM32

EPA File Symbol 1553-RNU. Momar Inc., PO Box 19567, Atlanta GA 30325. MOMAR AQUATROL A-100 COOLING TOWER AL- GAECIDE-SLIMICIDE. Active Ingredients: n-Alkyl (50%C14, 40% C12, 10% C16) dimethyl benzyl ammonium chloride 10%. Method of Support: Application proceeds under 2(b) of interim policy. PM31

EPA Reg. No. 3125-277. Chemagro Agricultural Div., Mobay Chemical Co., PO Box 4913, Kansas City MO 64120. SENCOR 50% WETTABLE POWDER HERBICIDE. Active Ingredients: 4-Amino-6- (1,1-dimethyl-ethyl) -3-(methylthio) -1,2,4-triazin 5(4H) - one 50%. Method of Support: Application proceeds under 2(b) of interim policy. PM25

EPA File Symbol 3525-AL. Utility Chemical Co., Sixth Ave., and Wait St., Paterson NJ 07524. UTIKEM WTC-#100 ALGAE CONTROL. Active Ingredients: Poly (oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride) 15.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 3525-AA. Utility Chemical Co. UTIKEM SUPER ALGEATE. Active Ingredients: Poly [oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 10.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 4584-OR. Gem, Inc., One Gem Blvd., Memphis TN 38118. AEROCOS DOUBLE ACTION RESIDUAL INSECTICIDE. Active Ingredients: (5-Benzyl-3- furyl) methyl 2,2-dimethyl-3 - (2 - methylpropenyl) cyclopropanecarboxylate 0.350%; Related compounds 0.048%; Aromatic petroleum hydrocarbons 0.464%. Method of Support: Application proceeds under 2(c) of interim policy. Republished: Revised offer to pay statement. PM 17

EPA File Symbol 6926-0. Carl Pool Laboratories, Inc., PO Drawer 249, Elmendorf TX 78112. CARL POOL GARDEN WORM DUST. Active Ingredients: Bacillus thurlngiensis, Berliner, Potency of 320 International Units per mg. (0.15 billion international units per pound) 0.064%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 7405—3. Chemical Packaging Corp.; 1100 N.W. 70th St., Ft. Lauderdale, FL 33309. CHEMI-CAP INSECT SPRAY KILLS FLIES, MOSQUITES, ANTS, ROACHES, GNATS, & SILVERFISH. Active Ingredients: Pyrethrins 0.20%; Technical Piperonyl Butoxide 1.00%; Petroleum Distillate 18.80%. Method of Support: Application proceeds under 2(a) of interim polipy. PM17

EPA Reg. No. 7405-24. Chemical Packaging Corp. CHEMI-CAP DUAL SYNERGIST INSECTICIDE. Active Ingredients: Petrolum Distillate 18.1%; N-Octylbicycloheptene- dicarboximide 1.0%; Technical Piperonyl Butoxide 0.6%; Pyrethrins 0.3%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 10088-4. Athea Laboratories, Inc., 4180 N. First St., Milwaukee WI 53212. INSECTICIDE SPRAY. Active Ingredients: Pyrethrins 0.3%; Technical Pi- poronyl Butoxide 0.6%; N-octyl Bicyclo- ¡heptene Dicarboximide 1.0%; Petroleum Distillate 13.1%. Method of Support: Application proceeds under 2(c) of interim policy. PM 17

EPA Reg. No. 11556-37. Cutter Animal Health, BAYVET Div. Cutter Laboratories, Inc., Shawnee KS 66201. SPOTTON LOUSE INSECTICIDE 20% READY-TO-USE SOLUTION. Active Ingredients: fenthion (0,0-Dimethyl O- [4-methylthio-m-tolyl] phosphorothioate) 20%. Method of Support: Application proceeds under 2(b) of interim policy. PM15

EPA Reg No. 11556-48. Cutter Animal Health. LYSOFF POUR-ON FOR LICE. Active Ingredients: fenthion (0 ,0 -Dimethyl 0-[4- (methylthio) -m-tolyl] phosphorothioate) 7.6% petroleum distillate 56.7%; xylene 20.0%. Method of Support: Application proceeds under 2(a) of interim policy. Republished: Added use; Name change. PM15

EPA File Symbol 39330-R. Allion Chemical Co., 701 Ashland Ave., Bldg. 12, Folcroft PA 19032. AL-ALGE 15. Active Ingredients: Poly [oxyethylene (dimethyliminio) ethylene-(dimethyliminio) ethylene dichloride] 15.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34


NOTICES 55845

EPA File Symbol 40805-R. Cardinal Aquatech pools, 7500 N.W. 10th St., Oklahoma City OK 73127. CARDINAL ALGAE-OUT. Active Ingredients: Poly [oxyethylene (dimethyliminio) ethylene (dimethyUminlo) ethylene dichloride] 15.0%. Method of Support: Application proceeds under 2(b) of in terim policy. PM34

EPA File Symbol 40927-R. Chemron Systems, 8934 L St., Omaha NB 08127. SWIMMING POOL ALGICIDE-30. Active Ingredients: Poly [oxyethylene (dimethylimlnio) ethylene- (dimethylimlnio) ethylene dichloride ] 30.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40927-E. Chemron Systems. COOLING TOWER ALGICIDE-30. Active gredients: Poly [oxyethylene (dimethyliminio) ethylene (dimethylin^tnio) ethylene dichloride] 30.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40927-G. Chemron Systems. SWIMMING POOL ALGTCIDE-15. Active Ingredients: Poly Joxyethylene (dimethyli- iminio) ethylene (dimethylimlnio) ethylene dichloride] 15.0%. Method of Support: Application proceeds under 2(b) of in terim policy. PM34

EPA File Symbol 40927-U. Chemron Systems. COOLING TOWER ALGICtDE-15. Active Ingredients: Poly [oxyethylene(dimethyli- minlo) ethylene (dimethylimlnio) ethylene dichloride] 15.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34Applications Received (OPP-3SOOO/521)

EPA Reg. No. 100-523. Ciba-Geigy Corp., Agricultural Div., PO Box 11422, Greensboro NC 27409. TOLBAN 4E. Active Ingredients: Profluralin: N-(cyclopropyl- methyl) -a,a,a-2,6-dinitro-N-propyl-p-tolu- idine 43.6%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Amended label. PM 24

EPA Reg. No. 352-378. E. I. du Pont de Nemours & Co., Biochemicals Dept., Wilmington DE 19898. VELPAR WEED KILLER. Active Ingredients: 3-cyclohexyl - 6 (dimethylamino) -1 -methyl -1,3,5-triazine - 2,4(1H, 3H)-dione 90%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Amended label. PM24

EPA Reg. No. 524-314. Monsanto Co., 800 N. Lindbergh Ave., St. Louis MO 63166. LASSO.. Active Ingredients: Alachlor 45.1%. Method of Support: Application proceeds under 2(b) of intermin policy. Republished: Added use. PM25

EPA Reg. No. 891-155. Agricultural Chemicals, Organics Dept., Hercules, Inc., 910 Market St., Wilmington DE 19899. HERCULES TORAK EMULSIFIABLE CONCENTRATE INSECTICIDE AND MITICIDE. Active Ingredients: DiaJifor [0,0-diethyl S- (2-chloro-1 -phthalimidoethyl) phospho- rodithioate 40.5%. Method of Support: Application proceeds under 2(a) of interim policy. Republished: Revised offer to pay statement. PM16

EPA Reg. No. 961-278. Lebanon Chemical Corp., PO Box 180, Lebanon PA 17042. GREEN GOLD PRE-EMERGENCE CRAB- GRASS CONTROL. Active Ingredients: Di* methyl Tetrachloroterephtha-late 3 .0% . Method of Support: Application proceeds under 2(b) of interim policy. Republished: Added uses. PM23

EPA Reg. No. 1021-608. McLaughlin Cormley King Co., 1715 SE Fifth St., Minneapolis MN 55414. PRESSURIZED PLANT AND PET SPRAY FROM 5951. Active Ingredients: Pyrethrlns 0.055%; Rotenone0.008%; Other cube resins 0.016%; Pine Oil 0.900%; Petroleum distillate 0.406%. JMethod of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 1021-933. McLaughlin Gormley King Co. PYROCIDE PRESSURIZED PET SPRAY 6806. Active Ingredients: Pyre- thrins 0.375%; Piperonyl butoxide, technical 4.500 %; 2,3:4,5-bis (2-butylene) tetrahydro-2-furaldehyde 1.200%; N-octyl bicycloheptene dicarboximide 0.830%; Rotenone 0.250%; Other cube resins 0.500%; Petroleum distillate 38.845%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA Reg. No. 1021-1320. McLaughlin Gormley King Co. PYROCIDES PLANT & PET SPRAY 6650. Active Ingredients: Pyre- thrins 0.450%; Rotenone 1.000%; Other cube resins 2.00%; Petroleum distillate 1.800%. Method of Support: Application proceeds under 2(a) of interim policy. Republished: Amended label. PM17

EPA Reg. No. 1663-25. Grant .Laboratories, 6020 Adeline St., Oakland CA 94608. GRANT’S INDOOR PLANT INSECT SPRAY. Active Ingredients: Pyrethrins 0.056%; Rotenone 0.024%; Other cube resins 0.046%; Petroleum distillate 0.224%. Method of Support: Application proceeds under 2(b) of interim policy. PM17

EPA File Symbol 2224 -LG. Mobil Chemical, PO Box 26683, Richmond VA 23261. MOBIL MODOWN HERBICIDE 4 FLOW ABLE. Active Ingredients: Bifenox 44%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Amended label. PM25

EPA Reg. No. 2517-8. Geisler Pet Products, 3902 Leavenworth St., Omaha NE 68105. GEISLER DOG FLEA SPRAY. Active Ingredients: Pyrethrins 0.075%; Technical piperonyl butoxide 0.100%; 2,3:4,5-bis (2-butylene) tetrahydro-2-furaidehyde 0.240%; N-Octyl bicycloheptene dicarboximide 0.168%; Rotenone 0.060%; Other cube resins 0.100%; Petroleum Distillates 7.769%. Method of Support: Application proceeds under 2(b) of interim policy. PM17

EPA Reg. No. 3125—236. Chemical Agricultural Div., Mobay Chemical Corp., PO Box 4913, Kansas City MO 64120. NEMACUR 15% GRANULAR. Active Ingredients:, Ethyl-3-methyl-4-(methylthio) phenyl (1- methylethyl) phosphoramidate 15%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Revised offer to pay statement. PM21

EPA Reg. No. 3125-237. Mobay Chemical Corp. NEMACUR 10% GRANULAR. Active Ingredients: Ethyl-3-methyl-4-(methylthio) - phenyl (1-methylethyl) phosphoramidate 10%. Method of Support: Application proceeds under 2(b) of interim policy. PM21

EPA Reg. No. 3125-283. Mobay Chemical Corp. NEMACUR 3 EMULSIFIABLE NEMATICIDE. Active Ingredients: Ethyl 3-methyl-4- (methylthio) phenyl (1-methylethyl) phosphoramidate 35%. Method of Support: Application proceeds under 2(b) of interim policy. PM21

EPA File Symbol 3578—UL. Proctor & Gamble Co., PO Box 599, Cincinnati OH 45201. IMPROVED MILD-ABRASIVE FORMULA COMET LIQUID DISINFECTANT BATHROOM CLEANSER. Active Ingredients: Tripotassium phosphate 1.8%; sodium hypochlorite 0.5%. Method of Support: Application proceeds under 2(a) of interim policy. PM34

EPA File Symbol 3579—EE. Brewer Chemical Corp., PO Box 48, Honolulu HI 96810. ATTACK. Active Ingredients: n-Alkyl (50% C14, 40% C12, 10% C16) dimethyl benzyl ammonium chloride 10%; Phosphoric Acid 30%. Method of Support: Application proceeds under 2(b) of interim policy. PM32

EPA Reg. No. 4816-523. Fairfield American Corp., 100 Niagara St., Middleport NY 14105. PYRENONE DAIRY AND INDUSTRIAL AEROSOL. Active Ingredents: Pyrethrins 0.5%; Piperonyl Butoxide, Technical 5.0%; Petroleum Distillate 14.5%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA File Symbol 4829-LT. Coastal Chemical Co., Carlstadt NJ 07072. TARRY 7-DAY CHLORINATING TABLETS. Active Ingredients : Trichloro-s-Triazinetrione 100%; Available Chlorine 88%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA Reg. No. 5481-113. Amvac Chemical Corp., 4100 E. Washington Blvd.; Los Angeles CA 90023. DURHAM DURAPHOS EM 4. Active Ingredients: Alpha Isomer of 2- Carbomethoxy - 1 - Methylviriyl Dimethyl Phosphate 29.0%; Related Compounds 9.7%; Aromatic Petroleum Solvent 54.3%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Amended label. PM16

EPA RegT No. 5481-114. Amvac Chemical Corp. DURHAM DURAPHOS 400. Active Ingredients: Alpha Isomer of 2-Carbo- methoxy-l-Methylvinyl Dimethyl Phosphate Related Compounds 10.5%. Method of Support: Application proceeds under 2(b) of interim policy. PM16

EPA Reg. No. 5481-161. Amvac Chemical Corp. DURAPHOS 10.3 WATER SOLUBLE INSECTICIDE. Active Ingredients: Alpha Isomer of 2-Carbomethoxy-l-methylvinyl dimethyl phosphate 75%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Amended label. PM16

EPA Reg. No. 5719-60. Chacon Chemical Corp., 2600 Yates Ave., City of Commerce CA 90040. CHACON HOUSE PLANT INSECT SPRAY. Active Ingredients: Pyrethrins 0.056%; Rotenone 0.024%; Other cube resins 0.048%; Petroleum distillate 0.224%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Revised offer to pay statement submitted. PM17

EPA Reg. No. 5719-64. Chacon Chemical Corp., CHACON VEGETABLE & TOMATO INSECT SPRAY. Active Ingredients: Pyrethrins 0.056%; Rotenone 0.125%; Other cube resins 0.250%; Petroleum distillate 0.225%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Revised offer to pay statement submitted. PM17

EPA Reg. No. 11265-16. Seymour Chemical Associate, Inc., 1609 Arbor, Highland Park IL 60035. CU-8-10. Active Ingredients: Copper 8 Quinolinolate 10%. Method of Support: Application proceeds under 2(b) of interim policy. PM22

FEDERAL REGISTER, VOL. 42, NO, 2OR—WEDNESDAY, OCTOBER 19, 1977

55846 NOTICES

EPA File Symbol 23614-R. Lowden, Inc., 10 Franklin St., Needham Heights MA 02194. ZYDEN-E. Active Ingredients: Nystatin 0.015%. Method of Support: Application proceeds under 2(b) o f interim policy. PM22

EPA File Symbol 34269-R. Poolside East, 121 E. County Rd., C., St. Paul MN 55117. POOLSIDE ALGI-RID CONCENTRATE. Active Ingredients: Poly(oxyethylene (dimethyliminio) ethylene (dimethylimino) ethylene dichloride) 60.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 34861-E. Oregon Pool Chemicals, 295 Market St., St. Oregon WI 53575. POOL-ITE SODIUM HYPOCHLORITE SOLUTION FOR SWIMMING POOLS. Active Ingredients: Sodium Hypochlorite 12%. Method of Support: Application proceeds under 2(c) of interim policy. Republished: Revised offer to pay statement submitted. PM34

EPA File Symbol 39994-R. Iodion Corp., 385N. E. 70th St., Miami FL 33138. IODINE CRYSTALS FOR WARE DISINFECTION. Active Ingredients: Iodine 99.5%. Method of Support:. Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40546-G. Fisions, Inc. Agricultural Chemicals Div., 2 Preston Ct., Bedford MA 01730. FICAM D. Active Ingredients : 2,2-dimethyl-l,3-benzodioxol-4-ol methylcarbamate 1%. Method of Support: Application proceeds under 2(b) of interim policy. PM12

EPA File Symbol 40842-R. Newtech Co„ 4985 Belleville Rd., Canton MI 48188. CONCEPT HOME WATER FILTER DISPOSABLE CARTRIDGE. Active Ingredients: SilverO. 07%. Method of Support: Application proceeds under 2(b) of interim policy. PM33

EPA File Symbol 40842-E. Newtech Co. CONCEPT HOME WATER FILTER. Active Ingredients: Silver 0.07%. Method of Support: Application proceeds under 2(b) of interim policy. PM33

EPA File Symbol 40923-G. C-E Minerals, Combustion Engineering, Inc., 901 8th Ave., King of Prussia PA 19406. CMB-5B MICROBIOCIDE. Active Ingredients: Polyfoxy- ethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride) 15.0%. Method of Support: Application proceeds 2(b) of interim policy. PM34Applications Received (OPP-33000/522)

EPA File Symbol 4-ELL. Bonide Chemical Co., Inc., 2 Wurz Ave., Yorkville, NY 13495. BONIDE SYSTEMIC INSECT SPRAY. Active Ingredients: S-[2-(Ethylsulfinyl) ethyl] O.O-dimethyl phosphorothioate 13.5%; Xylene 14.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM16

EPA Reg. No. 100-501. Ciba-Geigy Corp., Agricultural Div. Greensboro NC 27409.

SUPRACIDE 2E. Active Ingredients: Meth- idathion O.O-dimethylphosphorodithioate S-ester with 4-(mercaptomethyl) 2- methoxy-A3-l,3,4-thiadiazolin 5-one 24.4%; Aromatic petroleum derivative solvent 67.3%. Method of Support. Application proceeds under 2(b) of interim policy. Republished: Added uses. PM12

EPA Reg. No. 100-501. Ciba-Geigy Corp. SUPRECIDE 2E. Active Ingredients: Meth- idathion O.O-dimethylphosphorodithioate S-ester with 4-(mercaptomethyl) 2- methoxy-A2 l,3,4-thiadlazolin-5-one 24.4%; Aromatic petroleum derivative solvent 67.3%. Method of Support: Application

proceeds under 2(b) of interim policy. Republished: Added uses. PM12

EPA Reg. No. 100-501. Ciba-Geigy Corp. SUPRACIDE 2E. Active Ingredients: Methi- dathion: O.O-dimethylphosphorodithioate, S-ester with 4- (mercaptomethyl) -2-methoxy-A2 1,3,4-thiadiazolin-S-one 24.4%; Method of Support: Application proceeds under 2(b) of interim policy. Republished: Added uses. PM12.

EPA File Symbol 618-IU. Merck & Co., Inc., PO Box 200, Rahway NJ 07065. MERTECT LSP. Active Ingredients: 2-(4-thiazolyl) benzimidazole 30%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Changed method of support from 2(c) to 2(b). PM21

EPA Reg. No. 778-36. Miller-Morton Co., Richmond VA 23230. SERGEANT’S FLEA & TICK COLLAR. Active Ingredients: Naled (l,2-dibromo-2,2-dichloroethyl dimethyl phosphate) 10%. Method of Support: Application proceeds under 2(a) of Interim policy. PM16

EPA File Symbol 869-RLE. Green Light Co., Box 17985, San Antonio, TX 78217. GREEN LIGHT FRUIT & VEGETABLE SPRAY. Active Ingredients: Malathion 50.00%; Xylene 39.00%. Method of Support: Application proceeds under 2(c) of interim policy. Republished: Revised offer to pay statement submitted. PM 16

EPA Reg. No., 1021-935. McLaughlin Gromley King Co., 1715 SE Fifth St., Minneapolis MN 55414. PYROCIDE PRESSURIZED PET SPRAY 6807. Active Ingredients: Pyre- thrins 0.375%; Piperonyl butoxide, technical 0.500%; 2.3:4,5-Bis(2-butylene)tetrahydro-2-furaldehyde 1.200%; N-octyl bicycloheptene dicarboximide 0.830%; Ro- tenone 0.250%; Other cube resins 0.500%; Petroleum, distillate 38.845%. Method of support: Application proceeds under 2(a) of interim policy. PM17

EPA File Symbol 1057-AO. C. B. Dolge Co., 11 Ferry Ln., W., Westport CT 06880. NOFEX-HD. Active Ingredients: Didecyl dimethyl ammonium chloride 4.5%; Tetra- sodium ethylenediamine tetraacetate 2.0%; Sodium carbonate 1.0%"; Sodium metasilicate, anhydrous 0.5%. Method of Support: Application proceeds under 2(b) of interim policy. PM33

EPA Reg. No. 1624—104. Ciba-Geigy Corp., 3075 Wilshire Blvd., Los Angeles CA 90010. COBEX. Active ingredients: dinitramine- (N3.N3 - Diethyl-2,4-dlnitro - 6 - trifluoromethyl - to - phenylenediamine) 25.0%. Method of Support: Application proceeds under 2(a) of interim policy. Republished: Added uses. PM24

EPA Reg. No. 1624-104. United States Borax & Chemical Corp., 3075 Wilshire Blvd., Los Angeles CA 90010. COBEX. Active Ingredients : dinltramine (N3,N3-Diethyl-2,4-dinitro-6-trifluoromethyl - to - phenylenediamine) 25.0%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Rate adjustment. PM24

EPA Reg. No. 1624-104. U. S. Borax & Chemical Corp. COBEX. Active Ingredients: dinitramine (N3, NS-Diethyl-2,4-dinitro-6-trifluoromethyl-TO-phenylenediamine) 25.0 %. Method of Support: Application proceeds under 2(a) of interim policy. Republished: Added uses. PM24

EPA File Symbol 3579-E. Brewer Chemical Corp., PO Box 48, Honolulu HI 96810. BREWER ULTRA WHITE BLEACH. Active Ingredients: Sodium Hypochlorite 9.2%. Method of Support: Application proceeds under 2 (a) of interim policy. PM34

EPA File Symbol 4829-AG. Coastal Chemical Go., Div. of Coastal Industries, 190 Jony Dr., Carlstadt, NJ 07072. TARRY LONG LASTING % OZ. STABILIZED CHLORINATING TABLETS. Active Ingredients: Trichloro-s-Triazinetrione 100%; Available Chlorine 88%. Method of Support: Application proceeds under 2(b) of i n t e r im policy. PM34

EPA File Symbol 5605-RLN. Farmingdale Garden Labs, Inc., 136 Verdi St., Farming- dale NY 11735. FARMINGDALE POOL CARE ALGICIDE CONCENTRATE. Active Ingredients: Foly[oxyethylene (dimethyliminio) ethylene(dimethyliminio) ethylene dichloride] 60.0%. Method of Support:. Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 5605—RLR. Farmingdale Garden Labs, Inc. FARMINGDALE POOL CARE ALGICIDE 30. Active Ingredients: PolyfOxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 30.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA Reg. N. 5813-1. Clorox Co., Technical Ctr., PO Box 493, Pleasanton CA 94566. CLOROX. Active Ingredients: Sodium

- Hypochlorite 5.25%. Method of Support: Application proceeds under 2(a) of interim policy. PM34

EPA Reg. N. 5887-53. Black Leaf Products Co., 667 N. State St., Elgin IL 60120. HOUSE PLANT SPRAY. Active Ingredients: Pyre- thrins 0.056%; Pine Oils 0.900%; Petroleum Distillate 0.406% Method of Support: Application proceeds under 2(b) of interim policy. PM17

EPA Reg. No. 6125-11. Bixon Chemical Co., 50-19 97th PI., Corona NY 11368. PINE ODOR DISINFECTANT. Active Ingredients:. Isopropyl Alcohol 20.00%; Pine Oil 9.94%; Soap 10.00%; ortho-Benzyl-para- chlorophenol 7.13%; Tetrasodium ethylenediamine tetraacetate 0.02%. Method of Support: Application proceeds under 2(b) of interim policy. PM32

EPA Reg. N. 6125-12. Bixon Chemical Co. GERMICIDAL CLEANER. Active Ingredients: Isopropyl alcohol 10.00%.; Sodium o- phenylphenate 3.95%; Sodium o-Benzyl para chlorophenate 5.65%; Sodium dode- cylbenzene sulfonate 2.85%; Tetrasodium ethylenediamine tetraacetate 0.23%. Method of Support: Application proceeds under 2(b) of interim policy. PM32

EPA Reg. No. 6125-13. Bixon Chemical Co. MINT DISINFECTANT. Active Ingredients: Isopropyl alcohol 10.00%; Sodium o-phenylphenate 3.95%; Sodium o-Benzyl para chlorophenate 5.65%; Sodium dode- cylbenzene sulfonate 2.85%; Tetrasodium ethylenediamine tetraacetate 0.23%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Additional data. PM32

EPA Reg. No. 6296-22. Nutrilite Products, Inc., 5600 Beach Blvd., Buena Park CA 90520. BIOTROL 16K. Active Ingredients: Bacillus thuringiensis Berliner 3.2%. Method of Support: Application proceeds under 2(a) of interim policy. PM17

EPA File Symbol 7101—1. Walton March, Inc., 1620 Old Deerfield Rd., Highland Park IL 60035. BLUE SPRUCE H. Active Ingredients: Sodium dichloro-s-triazinetrione dihydrate (provides 3.70% minimum avail-, able chlorine) 7.0%; Sodium dodecylben- zene sulfonate 2.8%; Sodium bisulfate 25.5%. Method of Support: Application proceeds under 2(b) of interim policy. Republished: Changed method of support from 2(a ) to 2 (b ). PM34


NOTICES 55847

EPA Reg- No. 8791-6. E-Z Clor Systems, A Div. of Airwick Pool Products, Inc., 380 N Street, Teterboro NJ 07608. E-Z CLOR SUPER-90 PLUS CLOR PAC. Active Ingredients: Trichloro-s-triazinetrione 99.1%.Method of Support: Application proceeds under 2(a) of interim policy. PM34

EPA Reg. No. 10233-1. Gerard Pellham, 440 E. Ogden Ave., Downers Grove IL 60515. GERARD-PELLHAM PLIX. Active Ingredients: Petroleum distillate 7(769%; 2,3,4,5- Bis (2-butylene) tetrahydro-2-furaldehyde 0.240%; N-Octyl bicycloheptane dicarboximide 0.166%; Piperonyl butoxide, technical 0.100%; Pyrethrins 0.075%; Rotenone0. 050%; Other cube resins 0.100%. Method of Support: Application proceeds under 2(b) of interim policy. PMI7

EPA File Symbol 11133-R.- Peroxide & Specialties Co., 8400 Enterprise Dr., Newark CA 94560. A-QUAT DISINFECTANT-SANITIZER. Active Ingredients: Alkyl (C14 50%, C12 40 %, C16 10%) Dimethyl Benzyl Ammonium Chloride 10.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM31

EPA File Symbol 12265-A. Acme Chemex, Inc., 1357 Heistan PI., Memphis TN 38104. CHEMEX #3125 ALGAE-RID. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 10.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 11540-A. Micro-Gen Equipment Corp., 8127 Vidor Dr., San Antonio TX 78216. ULD R-007 INSECTICIDE. Active Ingredients: (5-Benzyl-3-furyl) methyl 2,2-dimethyl-3-(2-methyl propenyl)cyclopropanecarboxylate 2.00%; Related compounds 0.27%; Aromatic petroleum hydrocarbons 2.65%; Petroleum Distillate 95.00%. Method of Support: Application proceeds under 2(c) of interim policy. PM17

EPA File Symbol 18910-L. Dassalt Co., PO Box C, Cabool MO 65689. SATURIN CFK. Active Ingredients: Chromium (as Cr207) 54.0%; Copper (as CuO) 10.3%; Fluoride (as F) 14.8%. Method of Support: Application proceeds under 2(a) of interim policy. PM22

EPA File Symbol 30464-1. Willis Pool & Chemical, 1802 Butternut St., Abilene TX 79602. ALGAE GO. Active Ingredients: Polyfoxy- ethylene (dimethyliminio) ethylene (dimethylimino) ethylene dichloride] 10.0% Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40951-R. Energy Co. of America, 2726 Croasdaile Dr., Suite 103, Durham NC 27705. ENOCIDE 60. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 60.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40951-E. Energy Co. of America. ENOCIDE 30. Active Ingredients: Polyfoxethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 30.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40951-G. Energy Co. of ‘America. ENOCIDE 10. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 10.0%. Method of Support: Application proceeds under 2(b)* of Interim policy. PM34

EPA File Symbol 40952-R. Kochem, Inc., Rte1, Box 251, N. 24th St., Mattawan MI 49071. KOCHBM AL—153 ALGICIDE. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 30.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40952-E. Kochem, Inc. KOCHEM AL—146 ALGICIDE. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 6.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40988-R. Custom Chemical, PO Box 92, Hurst T-76053. CUSTOM POOL ALGICIDE. Active Ingredients: Polyoxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 10.0%. Method of Support : Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40988-E. Custom Chemical. CUSTOM TOWER ALGICIDE. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 10.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40989-R. Fraser Water Systems, Inc., PO Box 22041, Memphis TN 38122. SOLGRAY. Active Ingredients: Polyoxyethylene (dimethyliminio) ethylene (dimethyliminio) ethylene dichloride] 15.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

EPA File Symbol 40989-E. Fraser Water Systems, Inc. SOLBLÀCK. Active Ingredients: Poly[oxyethylene (dimethyliminio) ethylene-(dimethyliminio) ethylene dichloride] 15.0%. Method of Support: Application proceeds under 2(b) of interim policy. PM34

[FR Doc.77-30542 .Filed 10-18-77;8:45 am]

[ 6560-01 ][FRL 806-4; PP 6G1765/T133]

RENEWAL OF A TEMPORARY TOLERANCE

3-Cyclohexyl-6-(dimethylamino)-l-methyl 1,3,5-triazine-2,4( 1 H,3H) -d ione

On September 13, 1976, the Environmental Protection Agency (EPA) announced (41 PR 38813) the establishment of a temporary tolerance for combined residues of the herbicide 3-cyclohexyl - 6 - (dimethylamino)-l-methyl- l,3,5-triazine-2-4(lJf,3H) -dione and its metabolites (calculated as the parent compound) in or on the raw agricultural commodity sugarcane at 0.2 part per million (ppm) . This tolerance was established in response to a pesticide petition (PP 6G1765) submitted by E. I. du Pont de Nemours & Co., Inc., Wilmington, Del. 19898.

E. I. du Pont de Nemours & Co., Inc., requested a two-year renewal of this temporary tolerance both to permit continued testing to obtain additional data and to permit the marketing of the above raw agricultural commodity when treated in accordance wiÇh the provisions of the experimental use permit that was renewed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) , as amended (86 Stat. 973; 89 Stat. 751; 7 U.S.C. 136(a) et seq.).

The scientific data reported and all other relevant material were evaluated and it was determined that a renewal of the temporary tolerances would protect the public health. Therefore, the temporary tolerance has been renewed on condition that the pesticide be used in accordance with the experimental use permit with the following provisions:

1. The total amount of the pesticide to be used must not exceed the quanity authorized by the experimental use permit.

2. E. I. du Pont de Nemours & Co., Inc., must immediately notify the EPA of any findings from the experimental use that have a bearing on safety. The firm must also keep records of production, distribution, and performance and on request make the records available to any authorized officer or employee of the EPA or the Food and Drug Administration.

This temporary tolerance expires September 21, 1979. Residues not in excess of 0.2 ppm remaining in or on sugarcane after this expiration date will not be considered actionable if the pesticide is legally applied during the term of and in accordance with the provisions of the experimental use permit and temporary tolerance. This temporary tolerance may be revoked if the experimental use permit is revoked or if any scientific data or experience with this pesticide indicate such revocation is necessary to protect the public health. Inquiries concerning this notice may be directed to the Special Registrations Branch, Registration Division (WH-567), Office of Pesticide Programs, Room 315, East Tower, 401 M St. SW., Washington, D.C. 20460, 202-755-4851.(Section 408(j) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 346a(j) ].)

Dated: October 12,1977.D ouglas D. Campt,

Acting Director, Registration division.

[FR Doc.77-30539 Filed 10-18-77;8:45 am]

[ 6712-01 ]FEDERAL COMMUNICATIONS

- COMMISSION[Report No. 879]

COMMON CARRIER SERVICES INFORMATION

Applications Accepted for FilingOctober 11, 1977.

The applications listed herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any of these applications, if upon further examination, it is determined they are defective and not in conformance with the Commission’s Rules and Regulations or its policies.

Final action will not be taken on any of these applications earlier than 31 days following the date of this notice, except for radio applications not requiring a 30 day notice period (See § 309(c) of the Communications Act), applications filed under Part 68, applications filed under Part 63 relative to small projects, or as otherwise noted. Unless specified to the contrary, comments or petitions may be filed concerning radio and Section 214 applications within 30 days of the date of this notice and within 20 days for Part 68 applications.

In order for an application filed under Part 21 of the Commission’s Rules (Do-


55848 NOTICES

mestic Public Radio Services) to be considered mutually exclusive with any other such application appearing herein, it must be substantially complete and tendered for filing by whichever date is earlier: (a) the close of business one business day preceding the day on which the Commission takes action on the previously filed application; or (b) within 60 days after the date of the public notice listing the first prior filed application (with which the subsequent application is in conflict) ,as having been accepted for filing. In common carrier radio services other than those listed under Part 21, the cut-off date for filing a mutually exclusive application is the close of business one business day preceding the day on which the previously filed application is designated for hearing. With limited exceptions, an application which is subsequently amended by a major change will be considered as a newly filed application for purposes of the cutoff rule. [See § 1.227(b) (3) and 21.30(b) of the Commission’s Rules.]


W illiam J. T ricarico,Acting Secretary.

A p p l i c a t i o n s A c c e p t e d F o e F i l i n g

DO M ESTIC PU BLIC LAND M OBILE RADIO SERVICE

22228- CD—AL— (2)-77 Carlton L. Holland d.b.a. Mobaphone of New Mexico. Consent to Assignment of License, from Carlton L. Holland d.b.a. Mobaphone of New Mexico, Assignor to Westridge Land & Cattle Co., Inc., Assignee. Stations: KKM582 and KTS262, Albuquerque, NM.

22229— CD—P—77 Jerry Church d.b.a. Church’s Telephone Answering Service (New), C.P. for a new station to operate on 454.325 MHz to be located at 112 S. College Street, Franklin, KY.

20004- CD-P-78 Rogers Radio Cmmunica- tion Services, Inc. (KTS204), C.P. for additional facilities to operate on 152.24 MHz at a new site described as Loc. No. 9: Oak- brook Towers, Oakbrook, IL.

20005- CB-P-78 Empire Paging Corp. (KRS- 674), C.P. for additional facilities to operate on 454.150 MHz at a new site described as Loc. No. 22: 1841 Central Park Avenue, Yonkers, NY.

2006—CD—P—78 The United Telephone Co. of Pennsylvania (KGH871), C.P. for additional facilities to operate on 152.57 MHz to be located 2.5 miles WSW of Upper Strasburg, PA.

20007f-CD-P-(2)-78 Rene Matthew Corp. (New), C.P. for a new station to operate on 454.025 & 454.125 MHz to be located on top of Smith Hill, Deerfield, NY.

200Q8-CD—P— (3) —78 Industrial Communications Systems, Inc. (KMD990), C.P. to replace transmitter operating on 6226.9 MHz, Control at Loc. No. 1: Santiago Peak Radio Site, Santa Ana; replace transmitter operating on 5974.8 MHz, Control at Loc. No. 2: 1500 West 58th Street, Los Angeles; and replace transmitter operating on 6226.9 MHz, Control at Loc. No. 3: Verdugo Peak Radio Site, Glendale, CA.

20009—CD-P-78 Dodge County Telephone Co. (KWH346), C.P. to increase antenna height operating on 158.10 MHz at Loc. No. 3: Rt. 23.2 mi East of Fond du Lac, WT.

20010-CD-ML-78 Airsignal International, Inc. (KAF245), Modification of License to change station KWU448 from Developmental service to regular Domestic Public Land Mobile Radio Service and add 72.96 MHz, Control facilities to Station KAF245 at Kansas City, MO.

¡2001 l-CD-R-78 Airsignal International^ Inc. (KWU448), (Developmental) , Renewal of license expiring 10-4-77. Term: 10- 4-77 to 10-4-78.

RURAL RADIO SERVICE

60406- CR-P/L-77 Continental Telephone Co. of the West (New), C.P. for a new Rural Subscriber station to operate on 157.77 MHz to be located at Junction of Shooting Canyon and Moki Canyon, approximately 20 miles North of Bullfrog Marina, UT.

60407- CR-AL-77 Carlton L. Holland d.b.a. Mobaphone of New Mexicp. Consent to Assignment of License from Carlton L. Holland d.b.a. Mobaphone of New Mexico, Assignor to Westridge Land & Cattle Co., Inc., Assignee. Station: KLR45 (Temp- Fixed) .

CORRECTION

61403-CR-P/L-77 Wyoming Telephone Co., Inc. (New), Correct PN No. 878 dated October 3, 1977 to read: CP for a new temporary fixed station to operate on 157.80 and 157.92 MHz to be located at any temporary fixed location within the territory of the grantee.

P O IN T TO P O IN T MICROWAVE RADIO SERVICE

DC—3877-CF-P-77 The Western Union Telegraph Co. (KGB34), 41st Street and Wisconsin Avenue, Washington, DC (Lat. 38°57'01" N., Long. 77°04'48" W.). Construction Permit to replace transmitter and replace antennas on 6286.2H, 6404.8H MHz towards Arlington, VA; 6286.2H, 6404.8HMHz towards Damascus, MD on azimuth 166.7° and 349.8° respectively.

MD—3878—CF—P—77 Same (KPP62), 4.7miles NW of Damascus, MD (Lat. 39°20'48" N., Long. 77°10'18" W.). Construction Permit to add 6152.8H MHz towards Ft. Meade, . MD and 5945.2V MHz towards Ft. Deterick, MD on azimuth 126.3° and 297.4° respectively; replace transmitters, change polarization and replace antennas on 5974.8V and 6093.5V ¡MHz towards Tenley, DC; 6004.5V and 6123.1V MHz towards Ft. Ritchie, PA on azimuths 169.8° and 333.8° respectively.

PA—3879-CF-P-77 Same (KPP63),. 4.5miles SE of Fairfield, PA (Lat. 39°44'04" N., Long. 77°25'10" W.). Construction Permit to add 6286.2H MHz towards Liberty Dam, MD on azimuth 131.7°; replace transmitter and antennas on 6226.9V and 6345.5V MHz towards Damascus, MD on azimuth 153.6°.

PA—3880-CF-P-77 Same (New), 3.5 miles East of Sykesville, MD (Lat. 34°22'23" N., Long. 76°53'57' W.). Construction Permit to add 5945.2H MHz towards Ft. Ritchie, PA and 6063.8H MHz towards Ft. Meade, MD on azimuths 312.1° and 157.5° respectively. _

MD—388l-CF-P-77 Same (New), Rocken- back and O’Brien Road, Ft. Meade, MD (Lat. 39°06'38" N., Long. 76°45'35" W.). Construction Permit to add 6404.8H MHz towards Liberty Dam, MD on azimuth 337.6°; 6345.5V MHz towards Damascus, MD on azimuth 306.5°; 6197.2H MHz towards Washington, DC on azimuth 236.1°; 6286.2H MHz towards Andrews AFB, MD on azimuth 198.8°; 11.365H and 11.605H MHz towards Frienship; MD on azimuth 32.1°.

MD—3882-CF-P-77 Same (KGN29), Bldg. 1558, Andrews AFB, MD (Lat. 38°48'50” N., Long. 76°53'20" W.). Construction Permit to add 5945,2H MHz towards Ft. Meade, MD and 6152.8H MHz towards Ft. Bel voir [ VA on azimuths 18.7° and 249.4° respectively.

VA—3883-CF-P-77 Same (new), NR Intersection RTs. 613 and 618, Ft. Belvoir, VA (Lat. 38°44'04" N., Long. 77°09'27" W.). Construction Permit to add 6375.2H MHz towards Andrews AFB, MD on azimuth 69.2°.

MD—3884-CF-P-77 Same (New),- 2 miles North of Frederick, MD (Lat. 39°26'37" No. Long. 77°24'47" W.). Construction Permit to add 6404.8V MHz towards Damascus, MD on azimuth 117.3°.

AZ—3893-CF-P—77 American Television Relay, Inc. (KPY 73), Mingus Mtn., 21 miles NNE of Prescott, Ariz. (Lat. 34°41'12'' N., Long. 112°07'00" W.). Construction permit to add 5952.6H, 6011.9H, 6041.6V, 6071.2H, and 6100.9V MHz toward Hutch Mtn., Ariz., on azimuth 78.5°, via power split.

TF/D—3894-CF-R-77 American Telephone & Telegraph Co, (KEF 72), Temporary Fixed-Developmental within the Continental limits of the United States. Application for renewal of above mentioned station.

TF—3919-CF-P/ML-77 American Television & Communications Corp. (WCG 206), Temporary fixed within the territory of the grantee. Construction permit and modification of license to replace transmitter (s) on frequency bands 5925-6425 MHz and 10700- 11700 MHz.

PA—3949-CF-P—77 Eastern Microwave, Inc. (WBB 321) , Intersections of State Routes 611 and 73, Jenkintown, Pa. (Lat. 40°05'16" N., Long. 75°07'43" W.). Construction permit to add 6152.8V MHz toward Levit- town, Pa., on azimuth 64.5°, via power split.

NY—3950-CF-P-77 Eastern Microwave, Inc. (KFN 21) , New York City Gulf and Western Building, New York, N.Y. (Lat. 40°46'- 09" N., Long. 73°68'55" W.) . Construction permit to add 6390.0V MHz toward Monsey, N.Y., on azimuth 348.1°, via power split.

PA—3951CF—P—77 Eastern Microwave, Inc. (KGO 28), Robwood Mtn., 7.5 miles SSE of Towanda, Pa. (Lat. 41°39'10" N., Long. 76°24'2Q" W.). Construction permit to change antenna system—5960.0V MHz toward Tower. Hill, Pa.

PA—3952—CF-P—77 Eastern Microwave, Inc. (KGJ 36), Tower Hill, 4 miles NW of Rutland, Pa. (Lat. 41°54'58" N., Long. 77°- 00'41" W.). Construction permit to change antenna system toward existing-points of communication.

VA—3885—CF—P—77 The Western Union Telegraph Co. (New), Pentagon Bldg., Arlington, VA (Lat. 38°52'19" N„ Long. 77°03'23" W.). CP to add 11325V and 11565V towards Washingotn, DC on azimuth 343.5°; replace transmitters on 5945.5H and 6063.8H MHz towards Tenley, DC on azimuth 846.8°.

DC—3886-CF—P—77 Same (New), NSS Nebraska Avenue, .Washington, DC (Lat. 38°56'27" N,„ Long. 77°04'57” W.). Construction Permit, to add 10755V and 10995V MHz towards Arlington, VA, 6093.5H MHz towards Ft. Meade, MD on azimuths 163.5° and 55.9* respectively.

MD—3887-CF—P—77 Same (New), 1.8 miles West of Shipley, MD (Lat. 39°11'5Q" W- Long. 76“41'23" W.),. CP to add 10796H and. 11035H MHz towards Ft. Meade, MD on azimuth 212.2°.

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTQ3ER 19, 1977

NOTICES 55849

CA—3913-CF-P-77 The Pacific Telephone and Telegraph Co. (KMJ95), 1407 J Street Sacramento, Calif. Lat. 38°34'45" N., Long. 121o29'10'' W. C.P. to change polarization from vertical to horizonal on frequencies 3710, 3790, 3870, 3950, 4030, and 4110 and from horizontal to vertical on 3730, 3810, 3890, 3970, and 4050 MHz toward Elk Grove, Calif.

CA—3914-CF—P—77 Same (KNL74), 2.5miles SSW of Elk Grove, Calif. (Sacramento) Lat. 38°22'24" N., Long. 121°22'56" W. C.P. to change polarization from vertical to horizontal on frequencies 3830, 3910, 3990, 4070, 4150, and 3750 from horizontal to vertical on 3770, 3850, 3930, 4010, and 4090 MHz toward Sacramento, Calif.

WY—3920-CF-P-77 Union Telephone Co., Hickey Mountain, 4.5 miles NW of Lone- tree, Wyo. Lat. 41°06'24" N., Long.110°12'27'' W. C.P. to a new point of communication on frequency 2121.6V MHz toward White Mountain, Wyo. on azimuth 10.4°.

SC—3942—CP—P/ML Southern Bell Telephone and Telegraph Co. (KJA97), 213 South Colt Street, Florence, S.C. Lat. 34°11'39" N., Long. 79°46'17" W. C.P. and Mod. of Lie. to change polarization from vertical to horizontal on frequencies 3710, 3790, and 3870 MHz toward Marion, S.C.

SC—3943-CF—P/ML-77 Same (KJA98), Pine At Harles Marion, S.C. Lat. 34°10'47" N., Long. 79°23'53'' W. C.P. and Mod. of Lie. to change polarization from vertical to horizontal on frequencies 399, 4010, and 4150 MHz toward Florence, S.C.

WY—3945—CF—P-77 The Mountain States Telephone and Telegraph Co. (KPZ69) White Mountain, 22.8 miles N of Rock Springs, Wyo. Lat. 41°56'28" N., Long. 109°16'22" W. C.P. to add a new point of communication on frequencies 2171.6V MHz toward Hickey Mountain, Wyo. on azimuth 221.5°.

CORRECTIONSIL—3687—GF—P—77 N-Triple C, Inc.

(WAX65), 501 63rd Street, Downers Grove, IL. This entry appearing on Public Notice of 9-26-77 is corrected to show longitude as 87°59'50" W. All other particulars remain the same.

IL—3688-CF-P-77 Same (WOH60), 1.5miles NW of Glendale, IL. This entry appearing on Public Notice of 9-26-77 is corrected to show Longitude as 88°06'39" W. All other particulars remain the same.

MN—3629-CF-P-77 First Television Corp, (WBA 976) Maple Lake, 3 miles West of Route 25 on Route 106, Monticello, Minn. Lat. 45°16'02" N., Long. 93°54'04'' W.). This entry appearing in Public Notice of October 3, 1977, is corrected to show 11625V MHz being added toward Rockford, Minn., on azimuth 146.3° and to delete 11385V MHz toward St. Cloud, Minn., as point of communication.

MI—3690-CF-P-77 Satellite Common Carrier Corp. (New), Vining Road, Romulus, Mich. (Lat. 42°13'30" N., Long. 83°22'11'' W.). This entry appearing in Public Notice of October 3, 1977, is corrected to show company name as that above. All other particulars remain the same as previously reported.

MULTIPOINT DISTRIBUTION SERVICEOH—3946-CF-MP-77 Multipoint Informa

tion Systems, Inc. (WSL 34), Canton, 0.2 miles North of Hahn Road, Louisville, Ohio (Lat. 40°53'24" N., Long. 81°16'12" W.). Modification of construction permit to change transmit station location and to change polarity—2154.75H-2150.25IL MHz and 2154.75V—2150.V MHz on azimuth 180° toward Vertical Lobe. Primary Service Area: Canton, Ohio and vicinity.(FR Doc.77-30519 Filed 10-18-77:8:45 am]

[ 6 7 1 2 - 0 1 ]FM AND TV TRANSLATOR APPLICATIONS

READY AND AVAILABLE FOR PROCESSING PURSUANT TO SECTIONS 1.572(c) AND 1.573(d) OF THE COMMISSION’S RULES

Adopted: October 6,1977.Released: October 12,1977.

Notice is hereby given pursuant to §§ 1.572(c) and 1.573(d) of the Commission’s rules, that on December 2, 1977, the TV and FM translator applications listed in the attached Appendix will be considered as ready and available for processing. Pursuant to § 1.227 (b)(1) and § 1.519(b) of the Commission’s rules, an application, in order to be considered with any application appearing on the attached list or with any other application on file by the close of business on December 1, 1977, which involves a conflict necessitating a hearing with any application on this list, must be substantially complete and submitted for filing at the offices of the Commisssion in Washington, D.C., by the close of business on December 1, 1977.

The attention of any party in interest desiring .to file pleadings concerning any pending TV and FM translator application, pursuant to section 309(d) (1) of the Communications Act of 1934, as amended, is directed to section 1.580(i) of the Commission’s rules for provisions governing the time for filing and other requirements relating to such pleadings.

Attachment.Federal Communications

Commission,William J. T ricarico,

Acting Secretary.VHF TV T ranslator Applications

BMPTTV-906 (K09NM), Nulato, Alaska, Village of Nulato. Req: Change frequency to Channel 4, 66-72 mHz.

BPTTV-5916 (K07EB), Pinos Altos, Santa Rita, Fort Bayard, Arenas, Valley, Hurley & Silver City, N. Mex., New Mexico Broadcasting Co., Inc. Req: Add Central, New Mexico to present principal community, change primary TV station to KGGM-TV, Channel 13, Albuquerque, N. Mex.

BPTTV-5917 (K12AB), Baker, Mont., Baker TV Tax District. Req: Change frequency to Channel 13, 210-216 mHz., change primary TV station to KIVV-TV, Channel 5, Lead. South Dakota.

BPTTV-5919 (New), Gunnison, Colo., Gunnison County Television, Inc. Req: Channel 2, 54-60 mHz, 1 watt. Primary: KWGN- TV, Denver, Colo.

BPTTV—5920 (K02DJ), Dolyeville, Colo.,Gunnison County Television, Inc. Req: Change frequency to Channel 3, 60-66 mHz.

BPTTV—5922 (K11MY), Homer & Seldovia, Alaska, State of Alaska. Req: Change frequency to Channel 4, 66-72 mHz.

BPTTV-5923 (New), Red Feather Lakes, Colo., Mountain Lions Of Red Feather Lakes. Req: Channel 3, 60-66 mHz, 10 watts. Primary: KMGH-TV, Denver, Colo.

BPTTV—5924 (New), Red Feather Lakes, Colo., Mountain Lions Of Red Feather Lakes. Req: Channel 8, 180-186 mHz, 10 watts. Primary: KOA-TV, Denver, Colo.

BPTTV—5925 (New), Red Feather Lakes, Colo., Mountain Lions Of Red Feather Lakes. Req: Channel 11, 198-204 mHz, 10 watts. Primary: KWGN-TV, Denver, Colo.

BPTTV—5926 (New), Red Feather Lakes, Colo., Mountain Lions Of Red Feather Lakes. Req: Channel 13, 210-216 mHz, 10 watts. Primary: KBTV-TV, Denver, Colo.

BPTTV-5927 (new), Seward, Alaska, Alaska Public Television, Inc., Req: Channel 7, 174-180 mHz, 10 watts. Primary: KAKM- TV, Achorage, Alaska.

BPTTV-5928 (new), Afton, Wyo., Star Valley TV System. Req: Channel 11, 198-204 mHz, 1 watt. Primary: KID-TV, Idaho Falls, Idaho.

BPTTV-5929 (new), Anvik, Alaska, Bethel Broadcasting, Inc. Req: Channel 2, 54-60 mHz, 10 watts. Primary: KYUK-TV, Bethel, Alaska.

BPTTV-5930 (new), Kongiganak, Alaska, Bethel Broadcasting, Inc. Req: Channel 2, 54r-60 mHz, 10 watts. Primary: KYUK-TV, Bethel, Alaska.

BPTTV-5931 (new), Shagaluk, Alaska, Bethel Broadcasting, Inc. Req: Channel 3, 60-66 mHz, 10 watts. Primary: KYUK-TV, Bethel, Alaska.

BPTTV-5932 (new), White Bear, Alaska, Bethel Broadcasting, Inc. Req: Channel 9, 186-192 mHz, 5 watts. Primary: KYUK-TV, Bethel, Alaska.

BPTTV-5933 (new), Quinhagak, Alaska, Bethel Broadcasting, Inc. Req: Channel 11, 198-204 mHz, 10 watts. Primary: KYUK- TV, Bethel, Alaska.

BPTTV-5934 (new), Railroad City, Alaska, Bethel Broadcasting, Inc. Req: Channel 12, 204-210 mHz, 10 watts. Primary: KYUK- TV, Bethel, Alaska.

BPTT-3S38 (New), Stroudsburg, Pa., WBRE- TV, Inc. Req: Channel 64, 770-776 MHz, 100 watts. Primary: WBRE-TV, Wilkes- Barre, Pa.

BPTT-3357 (New), -Neah Bay, Wash. Makah Indian Tribe. Req: Channel 61, 752-758 MHz, 100 watts. Primary: KCTS-TV, Seattle, Wash.

BPTT-3373 (New), Organ & Las Cruces, N.Mex., Portal Communications, Inc. Req: Channel 61, 752—758 MHz, 100 watts. Primary: KDBC-TV, El Paso, Tex.

BPTT—3374 (New), Grays Riyer & Lebam, Wash., Rural Television Cooperative Association. Req: Channel 63, 764-770 MHz, 100 watts. Primary: KIRO-TV, Seattle, Wash.

BPTT-3375 (New), Grays River & Lebam, Wash., Rural Television Cooperative Association. Req: Channel 69, 800-806 MHz, 100 watts. Primary: KING-TV, Seattle, Wash.

BPTT-3376 (New), Grays River & Lebam, Wash., Rural Television Cooperative Association. Req: Channel 67, 788-794 MHz, 100 watts. Primary: KOMO-TV, Tacoma, Wash.

BPTT-3 3 7 7 (New), Waco, Tex., Central Texas College. Req: Channel 34, 590-596 MHz, 100 watts. Primary: KNCT-TV, Belton, Tex.

[FR Doc.77-30518 Filed 10-18-77:8:45 am]

[ 6 7 1 2 -0 1 ][FCC 77-586]

HAND HELD CB RADIOSOrder Extending Sales Cut-Off Date to

Aug. 1,1978 vAdopted: August 24,1977.Released: September 1, 1977.1, The Commission has before it a num

ber of petitions and associated pleadings all of which ask for an extension of the January 1, 1978 cut-off date for sale of


55850 NOTICES

CB transceivers in § 95.641(e) (6) and 515.59(g). This cut-off date was established in rulemaking proceedings in Dockets 201201 and 20746 * dealing with CB transmitters and CB receivers respectively.

T he R adio Shack P etition

2. Radio Shack, a Tandy Corporation, 2617 W. Seventh St., Fort Worth, Tex. 76107, filed a petition on 3-22-77 asking the Commission to extend the cut-off date for sales of walkie-talkie CB transceivers 3 from January 1, 1978 to May 1, 1978. Radio Shack states that it projected sales and predicted manufacturing and inventory requirements for 1976 based on its studies of the sales levels and sales trends in 1975. While this projection was correct for the first nine months of 1976, sales during the last quarter of 1976 were significantly below the projected figures. Radio Shack attributes this to the FCC action in Dockets 20120 and 20746 taken late in 1976. As a consequence Radio Shack states it has on hand a substantial inventory of walkie-talkie CB radios which it will not be able to sell by January 1, 1978 except a t a severe loss. To avoid this economic hardship, Radio Shack asks that the cut-off date for sale of these walkie- talkie CB radios be extended to May 1, 1978.Comments R egarding the Radio Shack

P etition

3. The Radio Shack petition was placed on Public Notice on March 28, 1977 (FCC mimeo 80003). Two comments were received supporting the petition. Handle USA Inc., 14560 NW., 60th Avenue, Miami, Fla. 33014, states that it agrees with Radio Shack but asks that the sales cut-off date should be extended to the end of December 1978. The second comment was received from Royce Electronics Inc., Kansas City, Mo., and basically concurs in Radio Shack’s contention that the January 1 ,1978 cut-off date for sales will not be adequate to effect an orderly disposition of existing inventories of hand held CB radios. Royce requests that the sales cut-off date be extended to August 1, 1978—one year after the cut-off date for manufacture of these CB radios.

4. Royce points out that the requested extension of time would have minimal impact on the interference reduction sought to be achieved by the proceedings in Dockets 20120 and 20746. Portable

»Docket 20120, In the Matter of Revision of operating rules for Class D stations in the Citizens Radio Service. Memorandum Opinion and Order adopted October 18, 1970; released October 28, 197T6. 41 FR 47445, 62 FCC 2d 646.

2 Docket 20746, In the Matter of Revision of Part 15 to extend the receiver certification program, to revise the technical specifications for receivers, and to make'bther changes. Memorandum Opinion and Order adopted October 18, 1976; released October 28, 1976. 41 FR 47442, 62 FCC 2d 623.

3 A walkie talkie CB transceiver or walkie talkie CB radio is the same as a hand held CB radio and is defined for the purpose of this Order in 512.

models are by nature utilized primarily in remote recreational areas. They exist in relatively low quantities: and have limited channel operating capabilities. These factors, according to Royce, mitigate any probability that the hand held CB radios could be a significant source of interference. Royce also emphasizes the marketing of these hand held CB radios is unique. They are a low volume and slow moving segment of the CB equipment market and do not lend themselves to the type of promotion that has been used for mobile models. Royce states that the additional time requested for sales is needed to permit normal market demand to absorb the current inventory.

F anon/C ourier P etition

5, On 5-9-77 Fanon/Courier Corp., 990 South Fair Oaks Avenue, Pasadena, Calif. 91105, filed a petition requesting that the cut-off sale date for hand held CB transceivers be extended to August 1, 1978. This petition is supplemented by letters dated June 16, 1977, July 7, 1977, and July 21, 1977. Fanon/Courier states that the presently established cut-off date of January 1, 1978, for marketing equipment which must cease tP be manufactured by August 1, 1877, does not allow sufficient time for orderly market absorption of hand held CB transceivers. Extension of sales to August 1, 1978, is necessary to avoid a repeat of the market price erosion which took place during the transition from 23 to 40 channel CB operation. Fanon/Courier points out that it is a two-step distribution company. Many of its customers are catalog publishing houses that will sell in quantity through their fall and winter catalogs which are currently being compiled. Early action on its petition is requested to permit the listing of these CB radios in the mentioned catalogs for sale during the winter of 1977-78 and the spring of 1978.

Montgomery W ard Petition

6. A third petition asking for an extension of sales cut-off date was filed on May 16,1977 by Montgomery Ward, Chicago, 111. 60671. An addendum to this petition was filed on May 23,1977. Montgomery Ward anticipates that it will have throughout the remainder of 1977, rather large inventories of CB radios type accepted prior to September 10, 1976, which it will not be able to market prior to January 1, 1978. In addition, it anticipates that an uncertain, but significant number of CB radios marketed prior to January 1,1978, will be returned to it for servicing, replacement or refund. Ward desires to be permitted to correct any malfunction and refurbish such returned merchandise and market it after January 1, 1978, as used merchandise. Wards states that failure to grant the requested extension of sales cut-off date will make it impossible for Wards to market its repaired and refurbished CB radios type accepted prior to September 10, 1976, which will have a serious and adverse effect on its marketing of such equipment.

D iscussion

% The basic justification presented in these petitions is economic hardship, The Commission is aware of the marketing problems that developed in 1976 after it adopted the revised rules for CB radios.

8. The revised rules adopted in 1976 were designed to reduce the interference conditions that existed at that time. The cut-off dates established were intended to remove from the market place at the earliest feasible tame the equipment that had been built to meet the older standards for CB transmitters. It must be noted that prior to 1976, CB receivers were, not subject to any technical standards, and as pointed out in our proceeding in Docket 20746, CB receivers were a serious source of interference to land mobile communications. We must insist therefore in retaining the cut-off date for sales now in § 15.59(g) and § 95.641(c) (6) except for the most urgent reasons.

9. In the case of the instant petitions, we agree that the reasons are sufficiently urgent to warrant some relief. The marketing of hand held CB radios is sufficiently unique to require a longer period of time between manufacture and sales than is provided by §§15.59 and 95.641.

10. In issuing this authorization we take cognizance of Royce’s evaluation of the interference potential of these hand held CB radios. We agree with Royce that the interference potential is minimal since these units are commonly used in remote areas. Moreover, due to the limitation imposed by a bulit-in battery supply, operation of these units is normally of short duration in contrast to operation of conventional CB base/ mobile units, where the receiver may be left on for extended periods.

11. In this connection, we note that the Ward petition seeks extension of the sales cut-off date for all CB radios that were type accepted prior to September 10,1976. We have already explained why we imposed a cut-off sales date of January 1, 1978, and why we must insist on retaining this date for the vast bulk of CB radios. To the extent that Wards is selling hand held CB radios that comply with the conditions listed herein, Ward’s may take advantage of the relief granted herein.

Commission Authorization

12. In view of the foregoing, we are herein authorizing the sale of hand held CB radios until August 1, 1978. This authorization shall apply only to hand held CB radios that were manufactured prior to August 1, 1977, and are presently in inventory in the USA. For the purpose of this Order, a hand held CB radio is defined as a CB radio that is a self contained package that includes an internal battery supply, transmission and reception capability, a built-in microphone and an antenna permanently attached to the case. Furthermore, the transmitter part of this hand held CB radio shall have been type accepted prior to September 10,1976.

13. I t is ordered, That hand held CB radios meeting the conditions in | 12.

FEDERAL REGISTER, VOL. 42, NO. 202—-WEDNESDAY, OCTOBER 19, 1977

NOTICES 55851

above may be marketed until August 1, 1978.

14. It is further ordered, That to the extent that the Radio Shack, Fanon/ Courier and Montgomery Ward petitions apply to hand held CB radios meeting the conditions in J12. above, these petitions are granted. In all other respects, these petitions are denied.


Vincent J. Mullins,Secretary.

[FR Doc.77-30520 Filed 10-18-77; 8:45 am]

[ 6210-01 ]FEDERAL RESERVE SYSTEMANDREWS BANCSHARES, INC.

Formation of Bank Holding CompanyAndrews Bancshares, Inc.,. Andrews,

Texas, has applied for the Board’s approval under section 3(a) (1) of the Bank Holding Company Act (12 U.S.C. 1842 (a)(1)) to become a bank holding company by acquiring 80 to 100 percent of the voting shares (less directors’ qualifying shares) of Commercial State Bank, Andrews, Texas. The factors that are considered in acting on the application are set forth in section 3(c) of the Act (12 U.S.C. 1842(e) ).

The application may be inspected at the offices of the Board of Governors or at the Federal Reserve Bank of Dallas. Any person wishing to comment on the application should submit views in writing to the Reserve Bank, to be received not later than November 8,1977.

Board of Governors of the Federal Reserve System, October 12, 1977.

R obert E. Matthews, Assistant Secretary

of the Board.[FR Doc.77-30481 Filed 10-18-77;8:45 am].

[ 6210- 0 1 ]GRISWOLD STATE BANCSHARES, INC.

Formation of Bank Holding CompanyGriswold State Bancshares, Inc., Gris

wold, Iowa, has applied for the Board’s approval under section 3(a)(1) of the Bank Holding Company Aet (12 U.S.C. 1842(a)(1) ) to become a bank holding company by acquiring 86.58 percent of the voting shares of Griswold State Bank, Griswold, Iowa. The factors that are considered in acting on the application are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)).

The application may be inspected at the offices of the Board of Governors or at the Federal Reserve Bank of Chicago. Any person wishing to comment on the application should submit views in writing to the Reserve Bank, to be received not later than November 9, 1977.


Griffith L. Garwood, Deputy Secretary

of the Board.[FR Doc.77-30482 Filed 10-18-77;8:45 am]

[ 6210-01 ]ILLINOIS NEIGHBORHOOD

DEVELOPMENT CORP.Proposed Acquisition of City Lands Corp.Illinois Neighborhood Development

Corporation, Chicago, Illinois, has applied, pursuant to section (c) (8) of the Bank Holding Company Act (12 U.S.C. 1843(c)(8)) and 225.4(b)(2) of the Board’s Regulation Y (12 CFR 225.4(b) (2) ), for permission to acquire voting shares of City Lands Corp., Chicago, Illinois. Notice of the application was published on August 3,1977, in “the Chicago Tribune,” a newspaper circulated in Cook County, Illinois.

Applicant states that the proposed subsidiary would engage in activities designed primarily to promote community welfare through the restoration of abandoned and substandard housing properties to use by means of purchase, rehabilitation or reconstruction, and disposition. Such activities have been specified by the Board in § 225.4(a)(7) of Regulation Y as permissible for bank holding companies, subject to Board approval of individual proposals in accordance with the procedures of § 225.4(b).

Interested persons may express their views on the question whether consummation of the proposal can “reasonably be expected to produce benefits to the public, such as greater convenience, increased "competition, or gains in efficiency, that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.” Any request for a hearing on this question should be accompanied by a statement summarizing the evidence the person requesting the hearing proposes to submit or to elicit a t the hearing and a statement of the reasons why this matter should not be resolved without a hearing.

The application may be inspected at the offices of the Board of Governors or at the Federal Reserve Bank of Chicago.

Any views or requests for hearing should be submitted in writing and received by the Secretary, Board of Governors of the Federal^ Reserve System, Washington, D.C. 20551, not later than November 4, 1977.


R obert E. Matthews, Assistant Secretary


[ 6210- 0 1 ]ILLINOIS NEIGHBORHOOD

DEVELOPMENT CORP.Proposed Acquisition of The Neighborhood

InstituteIllinois Neighborhood Development

Corporation, Chicago, Illinois, has applied, pursuant to section 4(c) (8) of the Bank Holding Company Act (12 U.S.C. 1843(c)(8)) and § 225.4(b) (2) of the Board’s Regulation Y (12 CFR § 225.4(b) (2)) , for permission to acquire voting

shares of The Neighborhood Institute, Chicago, Illinois. Notice of the application was published on October 4, 1977, in “the Chicago Tribune,” a newspaper circulated in Cook County, 111.

Applicant states that the proposed subsidiary would engage in activities that will promote the community welfare consisting of (i) the formation of an Educational Development Center to increase local educational opportunities, (ii) the provision of employment and career counseling services, (iii) the establishment of the Jeffrey Cultural Center to provide instruction in and exposure to the arts, and (iv) the provision of research and development services in order to aid the funding and operation of such projects, to develop similiar future projects and to aid other community-oriented organizations. Such activities have been specified by the Board in § 225.4(a)(7)” of Regulation Y as permissible for bank holding companies, subject to Board approval of individual proposals in accordance with the procedures of § 225.4(b).

Interested persons may express their views on the question whether consummation of the proposal can “reasonably be expected to produce benefits to the public, such as greater convenience, increased competition, or gains in efficiency, that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.” Any request for a hearing on this question should be accompanied by a statement summarizing the evidence the person requesting the hearing proposes to submit or to elicit at the hearing and a statement of the reasons why this matter should not be resolved without a hearing.

The application may be inspected at the offices of the Board of Governors or a t the Federal Reserve Bank of Chicago.

Any views or requests for hearing should be submitted in writing and received by the Secretary, Board of Governors of the Federal Reserve System, Washington, D.C. 20551, not later than November 4,1977.


> R obert E. Matthews,Assistant Secretary


[ 1610-01 ]GENERAL ACCOUNTING OFFICE

REGULATORY REPORTS REVIEW Receipt of Report Proposals

The following requests for clearance of reports intended for use in collecting information from the public were received by the Regulatory Reports Review Staff, GAO, on October 13, 1977. See 44 U.S.C. 3512 (c) and (d). The purpose of publishing this notice in the F ederal Register is to inform the public of such receipts.

The notice includes the title of each request received; the name of the agency


55852 NOTICES

sponsoring the proposed collection of information; the agency form number, if applicable; and the frequency with which the information is proposed to be collected.

Written comments on the proposed NRC requests are invited from all interested persons, organizations, public interest groups, and affected businesses. Because of the limited amount of time GAO has to review the proposed requests, comments (in triplicate) must be received on or before November 7, 1977, and should be addressed to Mr. John M. Lovelady, Acting Assistant Director, Regulatory Reports Review, United States General Accounting Office, Room 5033, 441 G Street NW., Washington, D.C. 20548.

Further information may be obtained from Patsy J. Stuart of the Regulatory Renorts Review Staff, 202-275-3532.

N uclear R egulatory Commission

The NRC requests an extension without change clearance of 10 CFR 20.407, Personnel Exposure and Monitoring. Part20.407 requires four categories of licensees to submit an annual statistical summary report of the whole body exposures recorded for all individuals for whom personnel monitoring was either required or provided as described in Part 20.407 (b) (1). The NRC estimates respondents to be approximately 450 licensees and reporting time to average 9.2 hours annually.

The NRC requests an extension without change clearance of 10 CFR 20.408, Reports of Personnel Exposure on Termination of Employment, or Work. Part20.408 requires four categories of licensees to furnish NRC a report of an individual’s exposure to radiation and radioactive material incurred during the employment or work assignment in the licensee’s facility when that employee’s employment or work is terminated. This requirement allows NRC to develop and maintain a radiation exposure history of individuals who were employed by one or more of the four types of licensees covered by Part 20.408. The NRC estimates respondents to be approximately 450 licensees and reporting time to average 10 minutes per report.

N orman F. H eyl, Regulatory Reports

Review Officer.[PR Doc.77-30489 Filed 10-18-77;8:45 am]

[ 4210-01 ]DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT Office of the Secretary [Docket No. N-77-580]

NEWLY CONSTRUCTED HOUSING FOR LOWER-INCOME FAMILIES IN RURAL AREAS

Amendment to Memorandum of Understanding on Use of Section 8 of the United States Housing Act of 1937 and Section 515 of the Housing Act of 1949

AGENCY: Department of Housing and Urban Development, Office of the Secretary.

ACTION: Notice.SUMMARY: On August 13, 1976, HUD published as a Notice in the F ederal R egister a Memorandum of Understanding between it and the Department of Agriculture. The Memorandum is being amended to remove the requirement for an interest credit in cases where a project is operated on a profit basis.EFFECTIVE DATE: September 20, 1977.FOR FURTHER INFORMATION CONTACT:

Richard Schmitz, Acting Director,Section 8 and Leased Housing Division, HUD, Room 6254, Washington,D.C. 20410, 202-755-5380.

SUPPLEMENTAL INFORMATION: The purpose of the Memorandum of Understanding is to encourage and facilitate the use of rental assistance under Section 8 of the U.S. Housing Act of 1937 in projects financed under Section 515 of the Housing Act of 1949. Section ttta of the Memorandum has been amended. Prior to this .amendment, the Farmers Home Administration of the Department of Agriculture was required to provide an interest credit for any project covered by the Memorandum. Because of FmHA limitations, however, no interest credit could be given unless the project was operated on a non-profit or limited profit basis.

In order to facilitate participation of profit motivated sponsors in the Section 8/515 program, it is agreed by the Secretaries of Agriculture and Housing and Urban Development that the Memorandum be amended by incorporating, in lieu of the current Section IHA, a new Section IIIA which reads as follows:

FmHA agrees to provide interest credit on any newly constructed Section 515 proect to be assisted by Section 8 bousing assistance payments. Tbe effective interest rate applicable to the Section 8 Units will be reduced by at least one percentage point below the FmHA interest rate in effect for Section 515 loans at the time of loan closing. The requirement that an interest credit be provided shall not .apply to projects approved after the effective date of this paragraph and which ore operated on a profit basis as defined by FmHA regulations.

Dated: September 13,1977.Patricia R oberts Harris,

Secretary of Housing and Urban Development.

Dated: September20,1977.B ob B ergland,

Secretary of Agriculture.[FR Doc.77-30474 Filed 10-18-77:8:45 am]

[ 4410- 0 1 ]DEPARTMENT OF JUSTICE Drug Enforcement Administration

CONTROLLED SUBSTANCESProposed Aggregate Production Quotas for

1978Section 306 of the Controlled Sub

stances Act (21 U.S.C. 826) requires that the Attorney General establish aggregate

production quotas for all controlled substances listed in Schedules I and n . This responsibility has been delegated to the Administrator of the Drug Enforcement Administration by § 0.100 of Title 28 of Code of Federal Regulations.

The quotas are to provide adequate supplies of each such substance for (1) the estimated medical, scientific, research, and industrial needs of the United States, (2) lawful export requirements, and (3) the establishment and maintenance of reserve stocks.

In establishing the below listed proposed 1978 aggregate production quotas, the Administrator considered pursuant to Section 302 subsection (a) of the Public Health Services Act (42 U.S.C. 242(a)) the “Results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of p such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States” which were supplied by the Department of Health, Education, and Welfare. In addition, the proposed aggregate quotas were established considering the following factors:

(1) Total actual 1976 and estimated 1977 and 1978 net disposals of each substance by all manufacturers.

(2) Projected trends in the national rate of net disposals of each substance.

(3) Estimates of inventories of each substance and of any substance manufactured from it, and trends in accumulation of such inventories.

(4) Projected demand as indicated by. procurement quota applications which were filed pursuant to § 1303.12 of Title 21 of the Code of Federal Regulations.

Pursuant to Title 21 Code of Federal Regulations § 1303.23(c), the Administrator of the Drug Enforcement Administration will in early 1978 adjust individual manufacturing quotas allocated for the year based upon end of year inventory and actual 1977 disposition figures of each basic class of Schedule I and II controlled substances which will be provided by quota applicants.

Based upon consideration of the above factors, the Administrator of the Drug Enforcement Administration hereby proposes that aggregate production quotas for 1978 for the following controlled substances, expressed in grams., in terms of their respective anhydrous bases, be established as follows:

ProposedB asic Class 1978 quota

Schedule I2,5-Dimethoxyamphetamine___ 42,000,000

Schedule IIAlphaprodine_________________ 64,000Amobarbital_________________- 7,838,000Am phetam ine_______________- 8,562,000Anileridine_______ ----- _r-------- 211,000Cocaine !___ 1,478,000Codeine (for sale)_____ .----------- 56,530,000Codeine (for conversion)_______ 2,029,000Desoxyephedrine

(1,724,000 grams for the pro-duction of levodesoxyephedrine for use in a non-controlled, non-prescription product, and 448,000 grams for the production of methamphetamine.) —- 2,172,000


NOTICES 55853Proposed

Basic? class 1978 quotaSchedule II—Continued

Dihydrocodeine________ ._____ 5* 1,072,500Diphenoxylate_______________— 1,822,000Ecgonine (for conversion)_____ 747,500Ethylmorphine_______________ 26,000Fentanyl_____________________ 3,000Hydrocodone ________________ - 717,000Hydromorphone ______________ 83,000Levorphanol__________________ 7,500Meperidine________ 12,332,000Methadone___________:----------- 1,715,000Methadone Intermediate (4-cy-

ano-2—dimethylamino—4, 4—diphenyl butane.)____________ 2,280,000

Methaqualone_____________ 22,829,000Methylphenidate _____________ 1,837,000Mixed Alkaloids of Opium_____ 33,500Morphine (for sale)___________ 550,000Morphine (for conversion)_____ 50,741,000Opium (tinctures, extracts, etc.

expressed in terms of powderedopium) ___ 2,923,000

Oxycodone (for sale)__________ 2,036,500Oxycodone (for conversion)___ 7,000Oxymorphone____ ___________ 4,000Pentobarbital__________ 14,493,000Phenmetrazine __________ :____ 2,841,000Secobarbital_______________ 10,402,000Thebaine (for sale)____________ 2,337,000Thebaine (for conversion)__ ~_ 769,000

All interested persons are invited to submit their comments and objections in writing regarding this proposal. These comments or objections should state with particularity the issues concerning which the person desires to be heard. A person may object or comment on the proposals relating to any one or more of the above mentioned substances without filing comments or objections regarding the others. Comments and objections should be submitted in quintuplicate to the Administrator', Drug Enforcement Administration, United States Department of Justice, Washington, D.C. 20537, Attention: DE A Federal Register Representative, and must be received by November 21,1977. If a person believes that one or more issues raised by him warrant a full adversary-type hearing, he should so state and summarize the reasons for his belief.

In the event that comments or objections to this proposal raise one or more issues which the Administrator finds, in his sole discretion, warrant a full adversary-type hearing, the Administrator shall order a public hearing in the F ederal Register summarizing the issues to be heard and setting the time for the hearing (which shall not be less than 30 days after the date of publication)._

Dated: October 14,1977.P eter B. B ensinger,

Administrator, Drug Enforcement Administration.

[FR Doc.77-30549 Piled 10-18-77:8:45 am]

[7555-01 ]NATIONAL SCIENCE FOUNDATION

ADVISORY COUNCIL Meeting

In accordance with the Federal Advisory Committee Act, Pub. L. 92-463, the

National Science Foundation announces the following meeting:Name: NSP Advisory Council.Place: Room 540, National Science Founda

tion, 1800 G Street NW., Washington, D.C. 20550.

Date: November 3 and 4, 1977.Time: 9 a .m .to 5 p.m.Type of meeting: Open.Contact person: Ms. Margaret L. Windus,

Executive Secretary, NSP Advisory Council, National Science Foundation, Room 518, 1800 G Street NW., Washington, D.C. 20550. Telephone: 202-632-4384.

Purpose of Advisory Council: The purpose of the NSP Advisory Council is to provide advice and counsel to the NSP Director and principal members of his staff on Foundation-wide issues which require the expertise of the many and varied disciplines and program interests represented in the Foundation.

Summary minutes: May be obtained from the Committee Management Coordinator, Division of Personnel and Management, National Science Foundation, Room 248, 1800 G Street NW., Washington, D.C. 20550.

Agenda: To review progress by the four Task Groups of the NSF Advisory Council, and to meet with recently appointed Assistant Directors of the Foundation, as well as the Director and the Deputy Director.Dated: October 13, 1977.

M. R ebecca W inkler,Acting Committee Management Officer.

[FR Doc.77-30485 Filed 10-18-77:8:45 am]

[ 7 5 5 5 - 0 1 JDISCLOSURE OF AFFILIATIONS AND

INTERESTSProposed Standards

AGENCY: National Science Foundation (NSF).ACTION: Proposed standards.SUMMARY: The FY 1978 NSF Authorization Act (Pub. L. 95-99) directs the Foundation to issue standards requiring that each NSF employee who performs a decision-making function in the handling of any application for NSF support shall provide a written statement identifying any “financial interests or other relevant interests” he or she has in the organization submitting the application or in the principal investigator or project director and any “academic affiliations” he or she has with the organization or with the principal investigator or project director. The Foundation is also required by Pub. L. 95-99 to issue standards “appropriately requiring identification of any.conflicts-of-interest by peer reviewers.

The Foundation proposes to establish standards to implement the requirements of Pub. L. 95-99 in the form of an NSF Circular.DATES: Comments must be received on or before November 18, 1977. Comments should be addressed to: Charles H. Herz, General Counsel, National Science Foundation, 1800 G Street NW., Washington, D.C. 20550.

FOR FURTHER* INFORMATION CONTACT:

Arthur J. Kusinski, Assistant to the General Counsel, National Science Foundation, 1800 G Street NW., Washington, D.C. 20550, 202-632-4396.The proposed Circular is as follows :

NSF Circular No. ; __PER SO N N EL

Date: __________Subject: Disclosure of Academic Affiliations

and Financial Interests.1. A u th o rity . This Circular is issued to

implement section 10 of Pub. L. 95-99 and Section 11(a) of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1870(a)).

2. D isclosure P olicy , a. Each Foundation employee who performs a decisionmaking function in handling any proposal shall determine in each case whether he or she has any academic affiliations, financial interests, or other relevant interests with the applicant organization or the proposed principal investigator or project director and:

(1) If the employee has a disqualifying affiliation or interest, he or she shall not participate in any decisions involving the proposal; or

(2) The employee shall place a written statement identifying any other such affiliations or interests in the proposal file; or

(3) If no such statement is filed, the employee’s signature or initials on the appropriate award or declination form will be considered as indicating that the employee has no such affiliations or interests.

b. Each peer reviewer of any proposal shall be asked by the responsible program manager to indicate any possible conflicts of interest he or she may have because of academic affiliations, financial interests, or other relevant interests with the applicant organization or the proposed principal investigator or project director. In the case of mail review, this may be done by including in the letter requesting the review the following language:

“If you have any academic affiliations, financial interests, or other relevant interests with the institution or the proposed principal investigator or project director submitting this proposal that could be construed

.as creating a conflict of interest, please describe those affiliations or interests in your own words on a plain piece of paper and attach it to your review. From your description Foundation staff will determine to what extent, if at all, the affiliations and interests you identify should affect the weight to be given your review. We should like to have your review in any event unless you believe that you cannot be objective in this case.

“If you attach no description of affiliations or interests that could be construed as creating a conflict of interests, we shall assume that you have no such affiliations or interest.’’

In the case of panel review, the program officer should make an oral request of the panel members essentially as follows:

“If when we come to consider any particular proposal you recognize that you have any academic affiliations, financial interests, or other relevant interests with the institution submitting the proposal or with the proposed principal investigator or project director that could be construed as creating a conflict of interest for you, please let me know. I will ask you to describe those aflili- ations or interests in your own words and

FEDERAI REGISTER, VOL. 42, NO. 202—.WEDNESDAY, OCTOBER 19, 1977

55854 NOTICES

will determine from your description whether any of them should be recorded in the file. If so, the Foundation staff will later determine to what extent, if at all, the affiliations and interests you have identified should affect the weight to be given your review of the proposal.

“If as we consider proposals you do not report any affiliations or interests that could be construed as creating conflicts of interest, we shall assume that you have none.

"If as we go through proposals you have a problem or question about this, 111 be glad to reread this instruction and to explain as best I can how it applies.”

A record of affiliations and interests identified by reviewers shall be placed in the proposal file and retained there.

c. Employees’ statements of affiliations and Interests shall be retained in the proposal file and shall be made available to the public upon request if the proposal results in an award.

d. Employees and reviewers must report only thcoe affiliations and Interests that are within their personal knowledge. Pursuit of detailed information not readily available is not required.

3. D efin ition s, a. The employees who perform “decision-making functions” in the handling of any proposal are: (1) The official who makes the Initial program recommendation to award or decline (usually a program manager or program director), (2) the official who makes the final program decision to award or decline (usually the Director, an Assistant Director, or a Division Director), (3) each supervisory official at intervening levels who must approve the recommendation before it goes to the official who makes the final program decision, and (4) each grants-and-contracts officer and lawyer,who participates in negotiation of financial plans, budgets, or terms. Other employees who perform technical advisory or review functions are not considered to perform “decisionmaking functions”.

b. A “disqualifying affiliation or interest” means any academic affiliation, financial interest, or other relevant interest identified as “disqualifying” in subparagraphs 3c, 3d, or 3e.

c. (1) An “academic affiliation” with an applicant organization is:

(1) An appointment as adjunct professor, visiting professor, or the like (disqualifying);

(li) Current enrollment as a student (disqualifying, but only for proposals which originate from the Department in which the employee is a student); or

(iii) Membership on.a visiting committee or similar body.

(2) An “academic affiliation” with a proposed principal investigator or project director is:

(1) Association as thesis adviser or thesis student within the last 48 months;

(ii) Employment at the same institution within the last 12 months; or

(iii) Collaboration on a project or on a book, article, monograph, or paper within the last 12 months.

d. A “financial interest” in an applicant organization is :

(1) Ownership of stocks, bonds, notes, or other evidences of debt (other than through mutual funds) (disqualifying);

(2) Employment, including any consulting or advisory arrangement under which the employee is available to perform services, whether or not services are actually performed and whether or not the employee has received any compensation (disqualifying);

(3) Any formal or Informal reemployment arrangement with the applicant organization (disqualifying); or

(4) Being under consideration for employment (disqualifying)'.

e. An "other relevant interest” is:(1) Any financial interest in the appli

cant organization held by one’s spouse, minor child, or a blood relative living in one’s immediate household;

(2) The holding of any office in the applicant organization (but membership in a professional society or association is not considered an office) (disqualifying); or

(3) A blood or marriage relationship to the proposed principal investigator or project director (disqualifying).

f. A “proposal” is any application to the Foundation for a grant or contract, solicited or unsolicited, but not any application for a fellowship.

4. P en a lties . The Director may take appropriate disciplinary action, up to and including removal, against any employee who knowingly violates the requirements of this Circular.

5. R ep o rts to Congress. The Director shall report annually to Congress on the administration and enforcement of this Circular.

October 13,1977.Charles H. H erz,

General Counsel.[FR Doc.77—30486 Filed 10-18-77:8:45 am]

[ 8010-01 ]SECURITIES AND EXCHANGE

COMMISSION[Rel. No. 9957; 811-1392]

GREATEASTERN FUND OF BOSTON, INC.Filing of Application

October 13, 1977.Notice is hereby given that Greateast-

ern Fund of Boston, Inc. (“Applicant”) , 118 North P itt Street, Mercer, Pa. 16137, registered under the Investment Company Act of 1940 (“Act”) as an open-end, diversified management investment company, filed an application on March 7, 1977, and an amendment thereto on September 28,1977, pursuant to Section 8(f) of the Act, for an order of the Commission declaring that Applicant has ceased to be an investment company as defined in the Act. All interested persons are referred to the application on file with the Commission for a statement of the representations contained therein, which are summarized below.

Applicant was organized under the laws of Massachusetts on April 14, 1966, and it registered with the Commission under the Act on May 31, i966. I t filed a registration statement (File No. 2- 25080) under the Securities Act of 1933 on the latter date, which was declared effective by the Commission on April 19, 1967. Pursuant to this registration statement Applicant commenced a public offering of shares of its common stock. The application states that the public offering of Applicant’s stock was discontinued on April 13, 1976. The application further states that on December 13, 1976, a majority of Applicant’s outstanding voting securities voted in favor of a Plan of

Liquidation and Dissolution (“Plan”). Pursuant to the provisions of the Plan the Applicant’s assets were liquidated at their current market value, the expenses of the Applicant paid and the net assets distributed on a pro-rata basis to Applicant’s shareholders on April 29, 1977. None of the costs and expenses of implementation of the Plan were borne by Applicant.

Applicant also states that in accordance with the provisions of the Plan all of the net assets of the Applicant have been distributed to the Shareholders, and active operations of it have ceased. In addition, it is alleged that all known liabilities of Applicant have been paid. Furthermore, Applicant states that it intends to shortly file a Statement of Intent to Dissolve with the Secretary of the State of Massachusetts, and that upon receipt of its requested Section 8(f) order it will also file a Certificate of Dissolution with the Secretary of State of Massachusetts and will be formally dissolved in accordance with the requirements of Massachusetts law.

Section 8(f) of the Act provides, in pertinent part, that whenever the Commission, on its own motion or upon application, finds that a registered investment company has ceased to be an investment company, it shall so declare by order, and upon the effectiveness of such order, the registration of such company shall cease to be in effect.

Notice is further given that any interested person may, not later than November 7, 1977, a t 5:30 p.m., submit to the Commission in writing a request for a hearing on the application accompanied by a statement as to the nature of his interest, the reason for such request and the issues, if any, of fact or law proposed to be controverted, or he may request that he be notified if the Commission shall order a hearing thereon. Any such communication should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request shall be served personally or by mail upon Applicant at the address stated above. Proof of such service (by affidavit, or in case of an attorney-at- law, by certificate) shall be filed contemporaneously with the request. As provided by Rule 0-5 of the Rules and Regulations promulgated under the Act, an order disposing of the application herein wifi be issued as of course following said date unless the Commission thereafter orders a hearing upon request or upon the Commission’s own motion. Persons, who request a hearing or advice as to whether a hearing is ordered, will receive any. notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.

For the Commission, by the Division of Investment Management, pursuant to delegated authority.

G eorge A. F itzsimmons, Secretary.

[FR Doc.77-30490 Filed 10-18-77:8:45 am]


NOTICES 55855

[8 0 1 0 -0 1 ][Rel. No. 9955; 811-680]

THE GRIESEDIECK CO.Filing of Application

October 12, 1977.Notice is hereby given that The Griese-

dieck Co; (“Applicant”), 314 N. Broadway, Boom 1330, St. Louis, Mo. 63102, registered under the Investment Company Act of 1940 (“Act”) as a closed- end, diversified, management investment company, filed an application on July 15, 1977, and an amendment thereto on August 16, 1977, for an order of the Commission, pursuant to Section 8(f) of the Act, declaring that Applicant has ceased to be an investment company as defined in the Act. All interested persons are referred to the application on file with the Commsision for statement of the representations contained therein, which are summarized below.

Applicant represents that it was organized as an Illinois corporation in 1904 for the purpose of conducting a brewery business and in 1954 sold its brewery assets to Carling Brewery Co., Inc. Applicant represents further that pursuant to the vote of its shareholders on May 16, 1955, Applicant changed its name to The Griesedieck Co. and amended its charter to engage in the business of an investment company; it thereafter registered under the Act on May 16,1955, and filed registration statements under the Securities Act of 1933 to register shares of its stock for sale to the public, which registration statements became effective on March 12, 1962, and December 26, 1968. According to the application, as of July 12, 1977, Applicant had issued an outstanding 439,234 shares of common stock and approximately 2,000 shareholders. The application states that from June, 1955, to April 29, 1976, Applicant operated as a closed-end diversified management investment company pursuant to the provisions of the Act and the rules and regulations thereunder.

The application states that a t the annual meeting of Applicant’s shareholders held on April 29, 1976, the shareholders adopted a resolution that Applicant be voluntarily dissolved; on the same date, Applicant filed a statement of intent to dissolve with the Secretary of State for the State of Illinois. Applicant represents that the net asset value of its common shares as of April 29, 1976, amounted to approximately $18.24 per share. The application states further that the liquidation of Applicant’s investment portfolio was completed in December, 1976, and that applicant has declared and paid two liquidating dividends; $16.50 per share became payable July 1, 1976, and $1.85 per share became payable February 1,1977. According to the application, shareholders were required to surrender their share certificates to Applicant’s dividend disbursing and transfer agent, Mercantile Trust Co., St. Louis, Mo. (“Mercantile”) , to receive such liquidating dividends; upon such surrender, shareholders received the liquidating div

idends then payable and a receipt entitling them to receive all further liquidating dividends. Applicant represents that (1) as of July 12,1977,90 shareholders holding 3,159 of Applicant’s shares have not yet surrendered their certificates; (2) efforts are continuing to contact those shareholders; and (3) funds representing the aforementioned liquidating dividends to which such shareholders are entitled will be held by Mercantile until such time as either such shareholders surrender their certificate or Illinois law requires that such sums escheat to that state.

Applicant represents further that, after providing for the aforementioned liquidating dividends, Applicant’s remaining assets as of July 8, 1977, amount to $50,259.26, consisting of a life insurance policy on the life of a former officer of Applicant with a cash surrender value of $34,067, and cash in the amount of $16,192.26; these remaining assets, equivalent to 11 A# per common share outstanding, are being retained temporarily as a reserve against possible claims that may be asserted against Applicant. Applicant states that it has no knowledge of any such claims other than accrued franchise taxes, accrued disbursing fees, and legal and accounting fees to be incurred in finally winding up Applicant’s business. Applicant states further that it estimates that such expenses will not exceed $5,000, leaving approximately 10<J per share to be disbursed as a final liquidating dividend. According to the application, if an order of the Commission is issued declaring that Applicant has ceased to be an investment company, Applicant proposes to convene a final meeting of its Board of Directors at which the directors will be requested (1 ) to authorize the filing of articles of dissolution with the Illinois Secretary of State, and (2) to authorize the delivery of the remaining assets to three of Applicant’s directors as Trustees, for the benefit of Applicant’s shareholders. Applicant states that the Trustees will be instructed to pay all remaining administrative costs and deliver the balance to Mercantile with directions to disburse said money as a final liquidating dividend to Applicant’s shareholders in proportion to their respective interests, and that a surety bond will be maintained on such Trustees until said funds have been delivered to Mercantile as described above.

Applicant represents that, from and after April 29, 1976, with the filing of their statement of intent to dissolve pursuant to Illinois law, Applicant ceased to hold itself out as being engaged in the business of investing, reinvesting or trading in securities and that its business operations from and after April 29, 1976, have been limited to those involved in connection with its dissolution and the liquidation of its assets.

Section 8(f) of the Act provides, in part, that when the Commission, upon application, finds that a registered investment company has ceased to be an investment company, it shall so declare

by order, and that, upon the taking effect of such order, the registration of such company shall cease to be in effect.

Notice is further given that any interested person may, not later than November 4, 1977, at 5:30 p.m., submit to the Commission in writing a request for a hearing on the matter accompanied by a statement as to the nature of his interest, the reason for such request, and the issues, if any, of fact or law proposed to be controverted, or he may request that he be notified if the Commission shall order a hearing thereon. Any such communication should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request shall be served personally or by mail upon Applicant a t the address stated above. Proof of such service (by affidavit or, in the case of an attorney-at-law, by certificate) shall be filed contemporaneously with the request. As provided by Rule 0-5 of the Rules and Regulations promulgated under the Act, an order disposing of the application will be issued as of course following said date unless the Commission thereafter orders a hearing upon request or upon the Commission’s own motion. Persons who request a hearing, or advice as to whether a hearing is ordered, will receive any notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.For the Commission, by the Division of Investment Management, pursuant to delegated authority.

George A. F itzsimmons, Secretary.

[PR Doc.77-30491 Filed 10-18-77;8:45 am]

[ 8 0 1 0 - 0 1 ][Rel. No. 14047; SR-MCC-77-1/SR-

MSTC-77-5]

MIDWEST CLEARING CORP. AND MIDWEST SECURITIES TRUST CO.

Order Approving Rule ChangesOctober 12, 1977.

On May 13,1977, the Midwest Clearing Corp. (“MCC”) and the Midwest Securities Trust Co. (“MSTC”) , 120 South LaSalle Street, Chicago, 111. 60603, submitted, pursuant to Rule 19b-4 under the Securities Exchange .Act of 1934 (the “Act”) , proposed rule changes which would establish, and set fees for, a Stock Today Program, which expedites certain securities deliveries.1

In accordance with Section 19(b) of the Act and Rule 19b-4 thereunder, notice of the proposed rule changes was published in the F ederal R egister (42 FR 32604, June 27, 1977), and the public was invited to comment thereon. Notice of the filing and an invitation for comments also appeared in Securities Ex-

1 Amendment No. 1 was filed on June 9, 1977.


55856 NOTICES

change Act Release No. 34-13650, June 20, 1977. No letters of comment were received.

In a letter dated October 6,1977, which was incorporated in the proposed rule changes and included in the public file, MCC and MST made certain representations in connection with the submission.

The Commission has reviewed the proposed rule changes and finds that they are consistent with the requirements of the Act and the rules and regulations thereunder applicable to registered clearing agencies.

It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule changes contained in File Nos. SR-MCC-77-1 / SR-MSTC-77-5 be, and hereby are, approved.

For the Commission, by the Division of Market Regulation, pursuant to delegated authority.

G eorge A. F itzsimmons,Secretary.

{PR Doc.77-30493 Filed 10-18-77;8:45 am]

[ 8010-01 ][Rel. No. 14045; SR-MSE-77-30]

MIDWEST STOCK EXCHANGE, INC.Order Approving Proposed Rule Change

October 12, 1977.On August 26,1977, the Midwest Stock

Exchange, Inc. (“MSE”) , 120 South LaSalle Street, Chicago, 111. 60603, filed with tlie Commission, pursuant to Section 19(b) of the Securities Exchange Act of 1934 (the "Act”), as amended by the Securities Acts Amendments of 1975, and Rule 19b-4 thereunder, copies of a proposed rule change. The proposed rule change adds Rule 35 to Article XX of the Exchange rules to provide for the semi-annual confirmation of open orders resting in the specialists’ books.

Notice of the proposed rule change together with the terms of substance of the proposed rule change was given by publication of a Commission Release (Securities Exchange Act Release No. 13931, (September 6, 1977)) and by publication in the F ederal R egister (42 FR 46440 (September 15,1977)).

The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to national securities exchanges and in particular, the requirements of Section 6 and the rules and regulations thereunder.

Further, the Commission finds good cause for approving the proposed rule change prior to the thirtieth day after the date of publication of notice of filing thereof. The Commission finds approval a t this time to be in the public interest and for the protection of investors because: (1) the MSE is seeking to utilize procedures used by other national securities exchanges in the confirmation of open orders, and (2) the MSE seeks to

institute this new procedure before the next open order confirmation date.

It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change filed with the Commission on August 26, 1977, be, and it hereby is, approved.

For the Commission by the Division of Market Regulation, pursuant to delegated authority.

George A. F itzsimmons,Secretary.

[FR Doc.77-30494 Filed 10-18-77;8:45 am]

[ 8010-01 ][Rel. No. 14037; SR-NYSE-77-21]

NEW YORK STOCK EXCHANGE, INC.Order Extending Time Period Within Which

the Commission is Required to Act on a Proposed Rule Change

October 7, 1977.On August 1,1977, the New York Stock

Exchange, Inc. (“NYSE”), 11 WallStreet, New York, N.Y. 16005, filed with the Commission a proposed rule change1 pursuant to Section 19(b) of the Securities Exchange Act of 19342 and Rule 19b-4 thereunder.8 The proposed rule Change would authorize three new types of membership on the NYSE as alternatives to the ownership of a seat. These new types of memberships, respectively, would entitle a holder thereof to (1) obtain direct electronic and wire access to the NYSE floor, (2) maintain physical presence on the existing trading floor, or(3) maintain physical presence as a market maker on the NYSE’s proposed options floor. Thees annual memberships would not be transferable and would convey no ownership interest in the NYSE. In addition, the proposed rule change would authorize regular seat- holders to lease their seats to qualified persons who, for the duration of their leases, would be deemed to be members of the NYSE.

Under Section 19(b) (2), th6 Commission, within 35 days after publication of notice of filing of a proposed rule change of a self-regulatory organization, is required by order to approve such proposal or to institute proceedings to determine whether the proposal should be disapproved. That section provides, however, that the Commission may extend the time in which it is required to act upon a proposed rule change up to ninety days of the date of initial publication if it finds such longer period to be appropriate and publishes its reasons for so finding.

The Commission finds that the instant proposed rule change raises a number of

1 The proposed rule change was noticed in Securities Exchange Act Release No. 13882 (August 22, 1977) and published in 42 FR 44052 (September 1, 1977).

* 15 U.S.C. 78s(b). s 17 C.F.R. 240.19b—4.

significant issues concerning the terms upon which persons not currently members of the NYSE would be permitted to gain access to that exchange. These issues concern: (1) the ability of the NYSE to condition electronic access to its floor upon acceptance of membership status with the Exchange, (2) the consistency of proposed voting limitations for annual members with the fair representation requirements of Section 6(b) (3) of the Act4 and (3) the consistency of the proposed minimum level of annual membership dues with the requirement of Section 6(b)(4) 8 that exchange dues be reasonable and fairly allocated.

Accordingly, the Commission finds it appropriate in the public interest to extend the time period within which it must act on the proposal and, pursuant to Section 19(b) (2) of the Act, hereby extends to November 30,1977 the time within the Commission must approve or institute proceedings to determine whether to disapprove the above-referenced proposed rule change.By the Commission.

. G eorge A. F itzsimmons, Secretary.

[FR Doc.77-30492 Filed 10-18-77;8:45 am]

[ 8010- 01 ][Rel. No. 14044; SR-PSE-77-21]

PACIFIC STOCK EXCHANGE, INC.Order Approving Proposed Rule Change

October 12, 1977.On August 15, 1977, the Pacific Stock

Exchange, Inc. (“PSE”), #618 South Spring Street, Los Angeles, Calif. 90014, filed with the Commission, pursuant to Section 19(b) of the Securities Exchange Act of 1934 (the "Act”) , as amended by the Securities Acts Amendments of 1975, and Rule 19b-4 thereunder, copies of a proposed rule change to amend Section 8(b) of its Rule n to change the execution procedure for dual issue odd-lot market orders from a two minute from receipt of order to next sale basis.

Notice of the proposed rule change together with the terms of substance of the proposed rule change was given by publication of a Commission Release (Securities Exchange Act Release No. 13880, (August 19, 1977) > and by publication in the Federal R egister (42 Fed. Reg. 44060 (September 1, 1977)).

The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to national securities exchanges, and in particular, the requirements of Section 6 and the rules and regulations thereunder.

It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change filed with the Com-

415 U.S.C. 78f(b) (3). e 15 U.S.C. 78f (b) (4 ) .


NOTICES 55857

mission on August 15, 1977, be, and it hereby is, approved.


G eorge A. Fitzsimmons,Secretary.

[PR Doc.77-30495 Piled 10-18-77;8:45 am]

[ 8010-01 ][Bel. No. 14048; SR-PKLX 77-8]

PHILADELPHIA STOCK EXCHANGEOrder Approving Proposed Rule Change

October 12, 1977.On July 8, 1977, the Philadephia Stock

Exchange, 17th Street and Stock Exchange Place, Philadelphia, Pa. 19103, filed with the Commission, pursuant to Section 19(b) of the Securities Exchange Act of 1934 (the “Act”) as amended by the Securities Acts Amendments of 1975, and Rule 19b-4 thereunder, copies of a proposed rule change to amend Rule 1025. The rule change expands the requirements for diligent supervision of all customer accounts by requiring supervision of a member organization’s options activity by a Senior Registered Options Principal.

Notice of Jthe proposed rule change together with the terms of substance of the proposed rule change was given by publication of a Commission Release (Securities Exchange Act Release No. 34- 13827 (August 4, 1977)) and by publication in the F ederal R egister (42 FR 40799 (August 11, 1977) ).

The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to national securities exchanges, and in particular, the requirements of Section 6, as appropriate, and the rules and regulations thereunder.

It is therefore ordered, pursuant to Section 19(b) (2) of the Act, that the above-mentioned proposed rule change be, and it hereby is, approved.


G eorge A. F itzsimmons,Secretary.

[PR Doc.77-30496 Plied 10-18-77;jB:45 am]

[ 4810- 2 2 ]DEPARTMENT OF THE TREASURY

Office of the SecretaiyVISCOSE RAYON STABLE FIBER FROM

AUSTRIAAntidumping; Withholding of

Appraisement NoticeAGENCY: United States Treasury Department.ACTION: Withholding of Appraisement.SUMMARY: This notice is to advise the public that an antidumping investigation

has resulted in a tentative determination that vscose rayon stable fiber from Austria is being sold a t less than fair value. Sales at less than fair value usually occur when the price of merchandise sold for exportation to the United States is less than the price of such or similar merchandise sold in the home market or to third countries. Appraisement for the purpose of determining proper duties applicable to entries of this merchandise will be suspended for 6 months. Interested persons are invited to comment on this action.EFFECTIVE DATE: October 19, 1977.FOR FURTHER INFORMATION CONTACT:

David P. Mueller, Operations Officer, Office of Operations, Duty Assessment Division, Technical Branch, United States Customs Service, 1301 Constitution Avenue, NW., Washington, D.C. 20229, 202-566-5492.

SUPPLEMENTARY INFORMATION: On March 3, 1977, information was received in proper form pursuant to sections 153.26 and 153.27, Òustoms Regulations (19 CFR 153.26, 153.27), from counsel acting on behalf of Avtex Fibers, Inc., -Valley Forge, Pa., alleging that viscose rayon staple fiber from Austria is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended (19 U.S.C. 160 et seq.) (referred to in this notice as “the Act”). This information was the subject of an “Antidumping Proceeding Notice” which was published in the F ederal R egister of April 12, 1977 (42 FR 19243). The “Antidumping Proceeding Notice” indicated that there was evidence on record concerning injury to or likelihood of injury to or prevention of establishment of ,an industry in the United States.Tentative D etermination of Sales At

Less T han Fair Value

On the basis of the information developed in the Customs’ investigation and for the reasons noted below, pursuant to section 201(b) of the Act (19 U.S.C. 160 (b) ), I hereby determine that there are reasonable grounds to believe or suspect th,at the purchase price of viscose rayon staple fiber from Austria is less than the fair value, and thereby the foreign m arket value, of such or similar merchandise.S tatement of R easons on W hich T his

T entative D etermination is Based

A. SCOPE OF THE INVESTIGATIONIt appears that 100 percent of imports

of the subject merchandise from Austria were sold for export to the United States by Chemiefaser Lenzing (Len- zing). The investigation was therefore limited to sales by Lenzing.

B. BASIS OF COMPARISONFor purposes of considering whether

he merchandise in question is being, or is likely to be, sold a t less than fair value within the meaning of the Act, the

proper basis of comparison appears to be between purchase price and home market price of such or similar merchandise. Purchase price, as defined in section 203 of the Act (19 U.S.C. 162), was used since all export sales by Lenzing were made to a nonrelated importer in the United States. Home market price, as defined in section 153.2, Customs Regulations (19 CFR 153.2), was used since such or similar merchandise was sold in the home market in sufficient quantities to provide a basis for comparison.

In accordance with section 153.31(b), Customs Regulations (19 CFR 153.31 (b)), pricing information was obtained concerning sales to the United States and in the home market during the period November 1, 1976, through April 30, 1977.

C. PURCHASE PRICEFor the purpose of this tentative de

termination of sales a t less than fair value, purchase price has been calculated on the basis of the ex-factory price to the United States importer, net of discounts.

D. HOME MARKET PRICEFor the purpose of this tentative de

termination of sales a t less than fair value, the home market price has been calculated on the basis of the delivered prices to unrelated Austrian purchasers. Adjustments have been made for cash discounts, quantity discounts, inland freight costs, advertising costs, technical assistance costs, costs of resolving complaints, warranty claims, credit costs, and for differences in packing costs. A claim for an export processing discount was not allowed as the conditions a ttached to its payment constituted a restriction on disposition and use which affected the value of the merchandise by the amount of the discount. Claims for additional adjustments for advertising costs and other contributions have been rejected at this time for lack of sufficient documentation that they are costs directly related to the sale under consideration or were incurred on behalf of the home market purchaser.

E. RESULTS OF FAIR VALUE COMPARISONSUsing the above criteria, comparisons

were made on 97 percent of the sales of the subject merchandise to the United States during the representative period. Those comparisons indicated that the purchase price of viscose rayon staple fiber was less than the home market price of such or similar merchandise. A margin of approximately 10.5 percent was found on all sales compared.

Accordingly, Customs Officers are being directed to withhold appraisement of viscose rayon staple fiber from Austria in accordance with § 153.48, Customs Regulations (19 CFR 153.48).

In accordance with § 153.40, Customs Regulations (19 CFR 153.40), interested persons may present written views or arguments, or request in writing that the Secretary of the Treasury afford an opportunity to present oral views.


55858

Any requests that the Secretary of the Treasury afford an opportunity to present oral views should be addressed to the Commissioner of Customs, 1301 Constitution Avenue NW., Washington, D.C. 20229, in time to be received by his office no later than October 31, 1977. Such requests must be accompanied by a statement outlining the issues wished to be discussed.

Any written views or arguments should likewise be addressed to the Commissioner of Customs in time to be received by his office not later than November 18, 1977.

This notice, which is published pursuant to section 153.35(b), Customs Regulations <19 CFR 153.35(b) ), shall become effective October 19, 1977. I t shall cease to be effective at the expiration of 6 months from the date of publication unless previously revoked.

R obert H. Mundheim, General Counsel of the Treasury.

October 13, 1977.[FR Doc.77-30417 Filed 10-18-77;8:45 am]

[ 4810- 2 2 ]Office of the Secretary

CARBON STEEL WIRE ROD, NOT TEMPERED, NOT TREATED AND NOT PARTLY MANUFACTURED, FROM FRANCE

Antidumping Proceeding Notice AGENCY: U.S. Treasury Department.ACTION : Initiation of Antidumping Investigation.SUMMARY: This notice is to advise the public that a petition in proper form has been received and an antidumping investigation is being initiated for the purpose of determining whether carbon steel wire rod, not tempered, not treated and not partly manufactured, from Prance is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. Sales at less than fair value generally means that the prices of the merchandise sold for exportation to the United States are less than the prices of such or similar merchandise sold in the home market.EFFECTIVE DATE: October 19, 1977.FOR FURTHER INFORMATION CONTACT:

William T. Trujillo, Operations Officer, U.S. Customs Service, Office of Operations, Duty Assessment Division, Technical Branch, 1301 Constitution Avenue NW., Washington, D.C. 20229, telephone 202-566-5492.

SUPPLEMENTARY INFORMATION: On September 12, 1977, information was received in proper form pursuant to §§ 153.26 and 153.27, Customs Regulations (19 CFR 153.26,153.27), from counsel for Georgetown Steel Corporation and Georgetown Texas Steel Corporation indicating that carbon steel wire rod, not

NOTICES

tempered, not treated and not partly manufactured, from France is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended (19 U.S.C. 160 et seq.).

Price information in the petition, relevant to sales during the spring of 1977, indicates margins exceeding 56 percent on sales compared. For establishing the fair value of the merchandise petitioner has suggested the use of “guidance prices” announced by the Commission of the European Communities for all steel producers within the Community. For present purposes, such evidence of home market pricing practices by French exporters to the United States will be accepted, although in making any Tentative or Final Determination under the Act, the best available evidence of prices actually charged in the home market or, if applicable, third country markets, will be used to establish margins.

There is evidence on record concerning injury to, or likelihood of injury to an industry in the United States. French imports account for a significant share of United States consumption and are increasing as a percentage both of all imports and of total U.S. consumption. At the same time prices of the subject imports have declined dramatically during the last three years. The low prices of the subject imports may have depressed prices of the domestic industry, causing loss of profits by Petitioner.

Section 201(c)(2) of the Act, adopted as a part of the Trade Act of 1974, requires the Secretary to refer a petition to the United States International Trade Commission if he has “substantial doubt” that imports of the subject merchandise a t less than fair value are the cause of present or likely injury to an existing industry. The present petition includes allegations of increased imports from France, of sharply declining U.S. prices of such imports, of significant margins between home market prices and U.S. prices and of lost profits by Petitioner. At the same time, Petitioner concedes the share of domestic consumption supplied by domestic producers is growing at a consistent rate and in absolute terms more rapidly than imports. Petition«* has maintained its levels of production and employment and its losses may have been caused by factors unrelated to the alleged less than fair value sales from France. Thus, the link between the alleged dumping of the subject merchandise and the injury claimed appears tenuous.

Nevertheless, under section 201(c) (2) of the Act a reference to the United States International Trade Commission is mandated only if there is “substantial” doubt of injury, whereafter the Commission is to determine whether there is “no reasonable indication” of injury. The two standards are not identical and each agency has an independent decisional obligation. However, the Act must be read as a whole and a reference to the Commission is, therefore, deemed unnecessary if sufficient facts are alleged

that clearly overcome the minimal threshold of “no reasonable indication”. The instant petition falls within that class. That determination is, of course, without prejudice to any consideration the Commission may eventually be required to make in this case under section 201(a) of the Act.

Having conducted a preliminary investigation as required by § 153.29 of the Customs Regulations (19 CFR 153.29), and having determined as a result thereof that there are grounds for so doing, the U.S. Customs Service is instituting an inquiry to obtain the facts necessary to enable the Secretary of the Treasury to reach a determination as to the fact or likelihood of sales at less than fair value.

A summary of information received from all sources is as follows :

The information received tends to indicate that the prices of the merchandise sold, or offered for sale, for exportation to the United States are, or are likely to be, less than the prices for home consumption.

This notice is published pursuant to § 153.30 of the Customs Regulations (19 CFR 153.30).

Peter D. Ehrenhaft, Deputy Assistant Secretary.

October 13, 1977.[FR Doc.77-30487 Filed 10-18-77;8:45 am]

[ 7035-01 ]INTERSTATE COMMERCE

COMMISSION[No. 504]

ASSIGNMENT OF HEARINGSOctober 14, 1977.

Cases assigned for hearing, postponement, cancellation of oral argument appear below and will be published only once. This list contains prospective assignments only and does not include cases previously assigned hearing dates. The hearings will be on the issues as presently reflected in the Official Docket of the Commission. An attempt will be made to publish notices of cancellation of hearings as promptly as possible, but interested parties should take appropriate steps to insure that they are notified of cancellation or postponements of hearings in which they are interested.MC 136605 (Sub-No. 26), Davis Bros. Dist.,

Inc., now assigned November 1, 1977 at Billings, Mont., will be held in room 5000, New Federal Building, 316 North 26th Street.

MC—F 13115 Dixon Bros., Inc.—Control— C & R Transfer Co. now assigned November 2, 1977 at Billings, Mont., will be held in room 5000, New Federal Building, 316 North 26th Street.

MC 112304 (Sub-No. 116) , Ace Doran Hauling & Rigging Co., now assigned November 2, 1977 at Louisville, Ky., will be held in room 631, Post Office Bldg., 6th & Broadway.

MC 83835 (Sub-No. 137), Wales Transportation, Inc., now assigned November 3, 1977 at Louisville, Ky., will be held in room 631, Post Office Bldg., 6th & Broadway.


NOTICES 55859AB 43 (Sub-No. 25), Illinois Central Gulf

Railroad Co. Abandonment between Elizabethtown and Hodgenville in Hardin & Larue Counties, Ky., now assigned November 7, 1977 at Hodgenville, Ky., will be held in Circuit or County Courtroom, Court House Building, High Street.

MC 115651 (Sub-No. 29), Kaney Transportation, Inc., now assigned November 29, 1977 at Chicago, HI., will be held in room 349, John C. Kluczynski, New Federal Building, 230 S. Dearborn St.

MC 107515 (Sub-No. 1064), Refrigerated Transport Co„ Inc., now assigned December 1, 1977 at Chicago, HI., will be held in room 349, John C. Kluczynski, New Federal Bldg., 230 S. Dearborn St.

MC 140134 (Sub-No^ 7), Caldarulo Trading Co., now assigned December 5, 1977 at Chicago, 111., will be held in room 349, John C. Kluczynski, New Federal Building, 230 S. Dearborn Street.

MC 106674 (Sub-No. 226), Schilli Motor Lines, Inc., now assigned December 7, 1977 at Chicago, 111., will be held in room 349 John C. Kluczynski, New Federal Building, 230 S. Dearborn Street.

MC 141804 (Sub-No. 41), Western Express, Division of Interstate Rental, Ine., now assigned November 1, 1977, at Chicago, 111. will be held in room 1319, Everett McKinley Dirksen Building, 219 South Dearborn Street.

MC 139973 (Sub-No. 11), J. H. Ware Trucking, Inc., now assigned November 2, 1977, at Chicago, HI. will be held in room 13 i9, Everett McKinley Dirksen Building, 219 South Dearborn Street.

MC 142876, Albin A. Anderson, d.b.a. A1 Anderson & Sons, now assigned November 3,1977, at Chicago, ni., will be held in room 1319, Everett McKinley Dirksen Building, 218 South Dearborn Street.

MC 66886 (Sub-No. 52), Belger Cartage Service, Inc., now assigned November 7, 1977, at Chicago, 111., will be held in room 1319, Everett McKinley Dirksen Building, 219 South Dearborn Street.

MC 142830 (Sub-No. 1), Rollcarrier, Inc.., now assigned November 8, 1977, at Chicago, 111. will be held in room 1319, Everett McKinley Dirksen Building, 219 South Dearborn Street. -

MC 142830, Transhield Trucking, Inc., now assigned November 10,1977, at Chicago, 111., will be held in room 1319, Everett McKinley Dirksen Building, 219 South Dearborn Street.

MG 141033 (Sub-No. 7), Continental Contract Carrier Carp., now assigned October 18, 1977, at" New Orleans, La„ is canceled and application dismissed»

AB 1 (Sub-No. 66), Chicago and North Western Transportation Co., abandonment between Marshall Junction and Vesta, in Lyon and Redwood Counties, Minn., now assigned November 9, 1977, at Marshall, Minn., will be held in the Counsel Chambers, Municipal building, 344 West Main Street.

MC 114569 (Sub-No. 159), Shaffer Trucking, Inc., MC 133689 (Sub-No. 99), Overland Express, Inc., and MC 134477 (Sub-No. 133), Schanno Transportation, Inc., now assigned November 14, 1977, at St. Paul, Minn., will be held in Court Room 584, Federal Building and U.S. Courthouse, 316 N. Robert Street.

MC 135231 (Sub-No. 22), North Star Transport, Inc., now assigned November 16, 1977, at St. Paul, Minn., will be held in Court Room 584, Federal Building and U.S. Courthouse, 316 N. Robert Street.

MC 118130 (Sub-No. 76), South Eastern Xpress, Inc., now assigned January 19,1978, at Dallas, Tex., is canceled and application dismissed.

MC-F1-13229, Florida Texas Freight, Inc.— Investigation of Control—Flamingo Transportation, Inc. and Tarpon Transportation, Inc., now being asigned November 10, 1977 (2 days) for hearing at Miami, Fla,, will be held in room 228, Federal Office Building, 51 S.W., 1st Ave.

MC 106813 (Sub-No. 219), Belford Trucking Co., Inc., now assigned November 9, 1977

. at Miami, Fla., is cancelled, and transferred to Modified Procedure.

MC 107107 (Sub-No. 452), Alterman Transport Lines, Inc. now being assigned November 22, 1977 for continued hearings at the Offices of the Interstate Commerce Commission in Washington, D.C.

MC 143139, Larry’s Collision, Inc. now assigned November 2, 1977 at Buffalo, N.Y. and will be held in room 914, »Federal Building, 111 West Huron Street.

MC 2860 Sub-No. 162, National Freight, Inc. now assigned November 1, 1977 at Buffalo, N.Y. and will be held in room 914, Federal Building, 111 West Huron Street.

MC 39491 Sub-No. 16, Colonial Coach Corp. now assigned November 28, 1977 at Trenton, N. J. and wifi be held in the City Counsel Chambers, City Hall, 2nd floor, 319 East State Street.

H. G. Homme, Jr., Acting Secretary.

[FR Doc.77-30535 Filed 10-18-77; 8 :45 am}

[ 7035-4)1 ][Notice No. 505 J

ASSIGNMENT OF HEARINGSOctober 14,1977.

Cases assigned for hearing, postponement, cancellation or oral argument appear below and will be published only once. This list contains prospective assignments only and does not include cases previously assigned hearing dates. The hearings will be on the issues as presently reflected in the Official Docket of the Commission. An attempt will be made to publish notices of cancellation of hearings as promptly as possible, but interested parties should take appropriate steps to insure that they are notified of cancellation or postponements of hearings in which they are interested.

Correction1MC 30515 (Sub-No. 15), North State Motor

Lines, Inc., and MC 116014 (Sub-No. 82), Oliver Trucking Co., Inc. now being assigned December 6 , 1977 at 9:30 a.m. local time at the Offices of the Interstate. Commerce Commission in Washington, D.C.

H. G. Homme, Jr., Acting Secretary.

[FR Doc.77-30536 Filed 10-18-77;8:45 am]

[ 7035-4)1 ][Notice No. 135TA]

MOTOR CARRIER TEMPORARY AUTHORITY APPLICATIONS

October 19,1977.The following are notices of filing of

applications for temporary authority under Section 210a(a) of the Interstate Commerce Act provided for under the

1 This notice corrects the hearing date.

provisions of 49 CFR 1131.3. These rules provide that an original and six (6) copies of protests to an application may be filed with the field official named in the F ederal Register publication no later than the 15th calendar day after the date the notice of the filing of the application is published in the Federal Register. One copy of the protest must be served on the applicant, or its authorized representative, if any, and the protestant must certify that such service has been made. The protest must identify the operating authority upon which it is predicated, specifying the “MC” docket and “Sub” number and quoting the particular portion of authority upon which it relies. Also, the protestant shall specify the service it can and will provide and the amount and type of equipment it will make, available for use in connection with the service contemplated by the TA application. The weight accorded a protest shall be governed by the completeness and pertinence of the Protestant’s information;

Except as otherwise specifically noted, each applicant states that there will be no significant effect on the quality of the human environment resulting from approval of its application.

A copy of the application is on file, and can be examined at the Office of the Secretary, Interstate Commerce Commission, Washington, D.C., and also in the ICC Field Office to which protests are to be transmitted.

Motor Carriers of P roperty

No. MC 29821 (Sub-No. 6TA), filed September 27, 1977. Applicant: NEW- BERG AUTO FREIGHT, INC., 408 West First Street, Newberg, Oreg. 97132. Applicant’s representative; Lawrence V. Smart, Jr., 419 NW. 23d Avenue, Portland, Oreg. 97210. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transport-

. ing: Fresh meat, from the plant site of McKillip Bros., Meat Co., near St. Paul, Oreg., to Seattle, Wash., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper (s ) : McKillip Bros. Meat Co., Inc., Star Route, Box 109, St. Paul Oreg. 97137. Send protests to: A. E. Odoms, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 114 Pioneer Courthouse, 555 S.W. Yamhill Street, Portland, Oreg. 97204.

No. MC 30605 (Sub-No. 162TA), filed September 28, 1977. Applicant: THE SANTA FE TRAIL TRANSPORTATION CO., P.O. Box 56, Wichita, Kans. 57202. Applicant’s representative: Silver, Rosen, Fischer & Stecher, 256 Montgomery Street, San Francisco, Calif. 94104. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities, except those of unusual value, Class A & B explosives, household goods as defined by the Commission, commodities in bulk, and commodities requiring special equipment), between Houston, Tex., including Houston Commercial Zone and


55860 NOTICES

Dallas, Tex., from Houston via Interstate Highway 45 to Dallas, and return via the same route, serving no intermediate points, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): There are approximately (90) statements of support attached to the application which may be examined at the Interstate Commerce Commission in Washington, D.C., or copies thereof which may be examined at the field office named below. Send protests to: M. E. Taylor, District Supervisor, Interstate Commerce Commission, 101 Litwin Building, Wichita, Kans. 67202.

No. MC 40978 (Sub-No. 35TA), filed September 29, 1977. Applicant: CHAIR CITY MOTOR EXPRESS CO., 3321 Business 141 South, P.O. Box 686, Sheboygan, Wis. 53081. Applicant’s representative: Wm. C. Dineen, 710 N. Plank- inton Avenue, Milwaukee, Wis. 53203. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are manufactured by a manufacturer of wood products, except commodities in bulk, from the plant site of Curtis Corp. a t New London, Wis., to points in Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,^ Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia, for 180 days. Supporting shipper(s): Curtis Corp., 313 West Wolf River Ave., New London, Wis. 54961. (Dan J. Stoffel) Send protests to: Gail Daugherty Transportation Assistant, Interstate Commerce Commission, Bureau of Operations, U.S. Federal Building and Courthouse, 517 East Wisconsin Avenue, Room 619, Milwaukee, Wis. 53202.

No. MC 64932 (Sub-No. 576TA), filed September 27, 1977. Applicant: ROGERS CARTAGE CO., 10735 S. Cicero Avenue, Oak Lawn, 111. 60453. Applicant’s representative: William F. Farrell (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paint, in bulk, in tank vehicles, from the plantsite of the O’Brien Corp. at South Bend, Ind., to Glassboro, N.J., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): The O’Brien Corp., Paul M. Chandler Traffic Manager, Box 4037, South Bend, Ind. 46624. Send protests to: Patricia A. Roscoe Transportation Assistant, Interstate Commerce Commission, Everett McKinley Dirksen Building, 219 S. Dearborn Street, Room 1386, Chicago, HI. 60604.

No. MC 71902 (Sub-No. 87TA), filed September 27, 1977. Applicant: UNITED TRANSPORTS, INC., 4900 North Santa Fe Street, 'P.O. Box 18547, Oklahoma City, Okla. 73118. Applicant’s representative: Eric L. Spitler, 4900 North Santa Fe, Oklahoma City, Okla. 73118. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: New foreign-made trucks, three quarter ton or less, from Kansas City, Mo., to points in Missouri (except Joplin, St. Louis, and Kansas City and Nebr., in secondary movements, in truckaway service, restricted to traffic having a prior movement by rail or motor carrier, for 180 days. Supporting shipper (s): Nissan Motor Corp. in U.S.A., 18501 So. Figueroa Street, Carson, Calif. 90247. Send protests to: Joe Green District Supervisor, Room 240 Old Post Office and Court House Building, 215 Northwest 3d, Oklahoma City, Okla. 73102.

No. MC 97310 (Sub-No. 23TA), filed September 28, 1977. Applicant: SHAR- RON MOTOR LINES, INC., P. O. Box 5636, Meridian, Miss. 39301. Applicant’s representative: David A. Waston, Jr., 3730 First Avenue South, Birmingham, Ala., 35222. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic articles, between Jackson, Miss., and the plant site of Alabaster Plastics at or near Canton, Miss., via Interstate Highway 55 serving no intermediate points, for 180 days. Applicant intends to tack with its existing authority in MC 97310 and subs thereto. It also plans to interline with other carriers a Birmingham and Montgomery, Ala., and Jack- son and Meridian, Miss. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Alabaster Indus- ries, 1015 5th Street NW., Alabaster, Ala. 35007. Send protests to: Alan C. Tarrant, District Supervisor, Interstate Commerce Commission, Room 212, 145 East Amite Building, Jackson, Miss. 39201.' No. MC 103926 (Sub-No. 61TA), filed September 28, 1977. Applicant: W. T. MAYFIELD SONS TRUCKING CO., INC., P.O. Box 947, Mableton, Ga. 30059. Applicant’s representative: K. Edward Wolcott, P.O. Box 872, Atlanta, Ga. 30301. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Tractors (except track-tractors and tractors weighing 15,000 pounds or more, and parts, implements, attachments, accessories and supplies therefor, when moving incidentally thereto as part of the same shipment, from the facilities of Deutz Corp. in Chatham County, Ga., to points in Louisiana, Oklahoma and Texas, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Deutz Corp., 7585 Ponce de Leon Circle, Atlanta, Ga. 30340. Send protests to: Sara K. Davis, Transportation Assistant, Bureau of Operations,

Interstate Commerce Commission, 1252 West Peachtree Street NW., Room 300, Atlanta, Ga. 30309.

No. MC 106400 (Sub-No. 1 IOTA), filed September 30, 1977. Applicant: KAW TRANSPORT CO., P.O. Box 12628, North Kansas City, Mo. 64116. Applicant’s representative : Harold D. Holwick, P.O. Box 12628, North Kansas City, Mo. 64116. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Corn and soybean products, dry, in hopper type vehicles, from the facilities of Archer Daniels Midland Co. and its subsidiaries in North Kansas City, Md., to points in Illinois, Iowa, Nebraska, Kansas, Oklahoma, Arkansas, Missouri, Colorado New Mexico, Texas, Louisiana, Mississippi, Alabama, Tennessee, and Kentucky, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting ship- peris) : Archer Daniels Midland Co., P.O. Box 1470, 4666 Faries Parkway, Decatur,111. 62525. Send protests to: Vernon V. Coble, District Supervisor, Interstate Commerce Commission, 600 Federal Building, 911 Walnut Street, Kansas City; Mo. 64106.

No. MC 109124 (Sub-No. 36TA), filed September 28, 1977. Applicant: SENTLE TRUCKING CORP., P.O. Box 7850, Toledo, Ohio 43619. Applicant’s representative : James M. Burtch, 100 East Broad Street, Columbus, Ohio 43215. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Roofing and building materials, from Chicago Heights, HI., to points and places in Fayette County, W. Va., for 180 days. Supporting ship- peris) : Flintkote Co., 17th Street and Wentworth Avenue, Chicago Heights, HI. Send protests to: Keith D. Warner, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 313 Federal Office Building, 234 Summit Street, Toledo, Ohio 43604.

No. MC 112822 (Sub-No. 429TA), filed September 27, 1977, Applicant: BRAY LINES INCORPORATED, 1401 North Little St., P.O. Box 1191, Cushing, Okla. 74023. A p p l i c a n t ’s representative: Charles D. Midkiff, 1401 North Little St., P.O. Box 1191, Cushing, Okla. 74023. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic articles, including plastic containers and plastic caps, (1) from Cushing, Okla., to Los Angeles, Calif., Salem, Oreg., and Decatur, 111.; (2) from Yorkville, HI., to Cushing, Okla., and (3) from Naperville, 111., to Los Angeles, Calif., and Salem, Oreg., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper (s) : Robb Container Corporation, 319 East Van Emmon Street, Yorkville, HI. 60560. Wilsey Foods, Inc., 633 S. Mission Road, Los Angeles, Calif. 80023. Send protests to: Joe Green, District Supervisor, Room 240 Old Post Office and


NOTICES 55861

Court House Bldg, 215 Northwest 3rd, Oklahoma City, Okla. 73102.

No. MC 113908 (Sub-No. 409TA), filed September 9, 1977. Applicant: ERICKSON TRANSPORT CORPORATION, 2105 East Dale St., P.O. Box 3180 G.S.S., Springfield, Mo. 65804. Applicant’s representative: B. B. Whitehead, 2105 East Dale St., P.O. Box 3180 G.S.S., Spring- field, Mo. 65804. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Alcohol, alcoholic liquors, neutral spirits, distilled spirits, wines, brandies, in bulk, from points in California, to St. Louis, Mo., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Cupporting ship- peris): Garco Wine Co., 4017-31 Folsom Ave., St. Louis, Mo. 63110. Barden- heier’s Wine Cellars, 1019 Skinker Parkway, St. Louis, Mo. 63112. Send protests to i.John V. Barry, District Supervisor, Interstate Commerce Commission, 600 Federal Building, 911 Walnut St., Kansas City, Mo. 64106.

No. MC 113908 (Sub-No. 410TA), filed September 12, 1977. Applicant: ERICKSON TRANSPORT CORP., 2105 East Dale St., P.O. Box 3180 G.S.S., Spring- field, Mo. 65804. Applicant’s representative: B. B. Whitehead (same address as applicant) . Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Alcoholic liquors, in bulk, from ports of entry between the United States and the Republic of Mexico, located in Texas, New Mexico, Arizona and Calif., to Clermont, Ky., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper (s): James B. Beam Distilling Co., Clermont, Ky. 40110. Send protests to: John V. Barry District Supervisor, Interstate Commerce Commission, 600 Federal Bldg., 911 Walnut St., Kansas City, Mo. 64106.

NO. MC 113903 (Sub-No. 411TA), filed September 12, 1977. Applicant: ERICKSON TRANSPORT CORP., 2105 East Dale St., P.O. Box 3180 G.S.S., Spring- field, Mo. 65804. Applicant’s representative: B. B. Whitehead, 2105 East Dale St., P.O. Box 3180 G.S.S., Springfield, Mo. 65804. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting r Wine and vjine products, in bulk, from St. Louis, Mo., and the commercial zone thereof, to Canandaigua, New York and Philadelphia, Pa., and the commercial zone thereof, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Sup- poring shipper(s): Bardehheier’s Wine Cellars, 1019 Skinker Parkway, St. Louis, Mo. 63112. Send protests to: John V. Barry District Supervisor, Interstate Commerce Commission, 600 Federal Building, 911 Walnut St., Kansas City, Mo. 64106.

No. MC 115632 (Sub-No. 122TA), filed September 30, 1977. Applicant: APPLE

LINES, INC., 212 S.W. Second St., P.G. Box 287, Madison, S. Dak. 57042. Applicant’s representative: Michael L.,Carter, 212 S.W. Second St., Madison, S. Dak. 57042. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs, frozen meats, and nonedible foodstuffs, moving in mechanically refrigerated equipment, from the facilities of Terminal Ice and Cold Storage Co., at or near Bettendorf, Iowa, to Arkansas, Colorado, Illinois, Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, Ohio, South Dakota, Texas, West Virginia and Wis., for 180 days. Applicant has also filed and Underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Terminal Ice & Cold Storage Co., 6875 State Street, Bettendorf, Iowa. 52722. Larry Christensen Traffic Manager. Send protests to: J. L. Hammond District Supervisor, Interstate Commerce Commission, Bureau of Operations, Room 455, Federal Bldg., Pierre, S. Dak. 57501.

No. MC 123407 (Sub-No. 404TA), filed September 27, 1977. Applicant: SAWYER TRANSPORT, INC., South Haven Square, U.S. Highway 6, Valpariso, Ind. 46383. Applicant’s representative: H. E. Miller Jr. (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Impregnated sheathing, from Boonville, Mo., to Rapid City, S. Dak., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Knecht industries, Inc., Keith Danley Director of Purchasing, 301 Mount Rushmore Road, Rapid City, S. Dak. 57701. Send protests to: Patricia A. Roscoe Transportation Assistant, Interstate Commerce Commission, Everett McKinley Dirksen Bldg., 219 S. Dearborn S., Room 1386, Chicago, 111. 60604.

No. MC 124117 (Sub-No. 22TA), filed September 27, 1977. Applicant: Earl Freeman d.b.a. MID-TENN EXPRESS, P.O. Box 101, Eagleville, Tenn. 37060. Applicant’s representative: Roland M. Lowell, Suite 618, United American Bank Bldg., Nashville, Tenn. 37219. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Malt beverages, related advertising materials, related packing and insulating materials, containers and pallets, between the facilities of Miller Brewing Company at or near South Vol- ney, N.Y., and all points and places in Tenn., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Miller Brewing Company, 4000 W. State St., Milwaukee, Wis. 53201. Send protests to: Joe J. Tate District Supervisor, Bureau of Operations, Interstate Commerce Commission, Suijte A-422, U.S. Court House, 801 Broadway, Nashville, Tenn. 37203.

No. MC 125506 (Sub-No. 27.TA), filed September 29, 1977. Applicant: JOSEPH

ELETTO TRANSFER, INC., 33 West Hawthorne St., Valley Stream, N.Y. 11580. Applicant’s representative: Morris Honig, 150 Broadway, New York, N.Y. 10038. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Such merchandise as is dealt in by retail specialty shops, dealing primarily in wearing apparel and accessories (excluding furniture and appliances and store fixtures and supplies, not for resale, between New York, N.Y., on the one hand, and, on the other, points in Vermont, New Hampshire, Massachusetts, except Boston, Worcester, Natick, Peabody and Braintree, Conn., and also except Bridgeport, Rhode Island, Warwick, New Jersey, Newark, Wayne, Paramus and Menlo Park, under a continuing contract, or contracts, with Wallachs, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Wallachs, 32036, 47th Avenue, Long Island City, N.Y. 11103. Send protests to: Maria B. Kejss, Transportation Assistant, In terstate Commerce Commission, 26 Federal Plaza, New York, N.Y. 10007.

No. MC 128273 (Sub-No. 268TA), filed September 28, 1977. Applicant: MIDWESTERN DISTRIBUTION, INC., P.O. Box 189, Fort Scott, Kans. 66701. Applicant’s representative: Elden Corban, P.O. Box 189, Fort Scott, Kans. 66701. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paper and paper products, from the plantsite and warehouse facilities of the Mead Corporation at or near Groos (Escanaba), Mich., to points in the states of Alabama, Arkansas, Connecticut, Florida, Georgia,- Iowa, Kansas, Kentucky (except Louisville), Maine, Maryland, Massachusetts, Missouri (except St. Louis), Nebraska, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia and the District of Columbia, for 180 days. Supporting shipper(s): The Mead Corporation, Courthouse Plaza Northeast, Dayton, Ohio 45463. Send protests to: M. E. Taylor, District Supervisor, Interstate Commerce Commission, 101 Litwin Bldg., Wichita, Kans. 67202.

No. MC 135861 (Sub-No. 15TA), filed September 16, 1977. Applicant: LIAA MOTOR LINES, INC., 2715 Ellis Ave., P.O. Box 4550, Fort Worth, Tex. 76106. Applicant’s representative: Billy R. Reid, P.O. Box 9093, Fort Worth, Tex. 76107. Authority sought to operate as a contract carrier, by mo- 'tor vehicle, over irregular routes, transporting: Confectionery, chocolate, chocolate products, flavoring syrup, cocoa and cocoa butter, from Derry Township, Dauphine County, Pa., to Birmingham and Geneva, Ala.; Little Rock, Fort Smith and Bentonville, Ark.; Indianola, Miss.; New Orleans, Metairie, Monroe and Shreveport, La.; Oklahoma City and Tulsa, Okla.; Dallas, Fort Worth, Houston, Temple, Austin, San Antonio, Ama-


55862

rillo and Lubbock, Tex.; and Memphis, Term., under a continuing contract, or contracts, with Hershey Poods Corporation, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper (s).; Hershey Poods Corporation, 19 Chocolate Avenue, Hershey, Pa. 17033. Send protests to: Robert J. Kirs- pel, District Supervisor, Room 9A27 Federal Bldg., 819 Taylor Street, Port Worth, Tex. 76102. .

No. MC 139482 (Sub-No. 21 TA), filed September 28, 1977. Applicant: NEW ULM FREIGHT LINES, INC., County Road 29 West, New Ulm, Minn. 56073, Applicant’s representative: Samuel Ru- benstein, 301 North Fifth Street, Minneapolis, Minn. 55403. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products, meat 'byproducts and articles distributed by meat packinghouses, as described in sections A and C of Appendix I to the Report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766 (except hides and commodities in bulk), from the plantsites and storage facilities of Hygrade Pood Products Corp., located a t or near Storm Lake and Cherokee, Iowa, to points in Florida, Georgia, North Carolina, South Carolina, and Tennessee, restricted to traffic originating at the named origin points and destined to the named destination States, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper (s) : Hygrade Pood Products Corp., P.O. Box 477, Detroit, Mich. 48219. Send protests to: Marion L. Cheney, Transportation Assistant, Interstate Commerce Commission, 414 Federal Building, U.S. Courthouse, 110 South 4th Street, Minneapolis, Minn. 55401.

No. MC 140-176 (Sub-No. 9 TA), filed September( 27, 1977. Applicant: RILEY WAYNE POWELL, d.b.a. POWELL TRUCKING COMPANY, Route 3, Box 13, Sumrall, Miss. 39482. Applicant’s representative: Fred W. Johnson, Jr., 1500 Deposit Guaranty Plaza, P.O. Box 22628, Jackson, Miss. 39205. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Posts, poles and piling, treated and untreated, from the plantsite of Crown- Zellerbach Corp. a t Sallisaw, Okla., to points in Arkansas, Colorado, Iowa, Kansas, ^Minnesota, Missouri, Nebraska, New Mexico and Wisconsin, under a continuing contract, or contracts, with Crown Zellerbach Corp., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Crown Zellerbach Corp., P.O. Box 1060, Bogalusa, La. 70427. Send protests to : Alan C, Tarrant District Supervisor, Interstate Commerce Commission, Room 212, 145 East Amite Building, Jackson, Miss. 39201:

No. MC 140498 (Sub-No. 2 TA), filed September 26,1977. Applicant: BECHEM TRANSPORT, INC., 46 River Street, New

NOTICES

Haven, Conn. 06513. Applicant’s representative,: Elliott Bunce, Suite 1301, 1600 Wilson Boulevard, Arlington, Va. 22209. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Colloidal silica, in bulk, in tank trucks, (2) sulfuric acid, in bulk, in tank vehicles, and (3) methanol, in bulk, in tank vehicles, from New Haven, Conn., to points in Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont, under a continuing .contract, or contracts, with E. I. DuPont de Nemours and Co., for 180 days. Supporting shipper(s): E. I. DuPont de Nemours and Co., 1007 Market Street, Wilmington, Del. 19898. Send protests to:J. D. Perry, Jr., District Supervisor, Interstate, Commerce Commission, 135 High Street; Room 324, Hartford, Conn. 06101. ~

No. MC 143693 TA, filed September 8, 1977. Applicant: DFC TRUCKING COMPANY, 17872 Cartwright Road, Irvine, Calif. 92705. Applicant’s representative: Floyd L. Farano, 2555 E. Chapman Avenue, Suite 705, Fullerton, Calif. 92631 and Alan F. Wohlstetter, 1700 K Street NW., Washington, D.C. 20006. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Frozen meat, from Mansfield, Tex.; Irvine and Hayward, Calif.; Franklin Park, 111.; and Orlando, Fla., (2) Canned and packaged foodstuffs, from Gardena, Fresno, Hayward, Irvine, Los Angeles, Modesto, Paramount, Salinas, San Francisco, San Jose, Santa Fe Springs, Stockton, and Tracy, Calif.; Franklin Park, 111.,-' New Orleans, La.; Dallas, Tex.; and Fort Worth, Tex., (3) Frozen and fresh fish, poultry, and frozen foodstuffs, from San Jose, Calif.; Orlando, Fla.; Tampa, Fla.; and Pennsauken, N.J., (4) Restaurant supplies, restricted to table items only, i.e., paper products, napkins, china, flat- ware, glassware, silverware, and cloth products, from Shenango, Pa., and Hum- bolt, Tenri. All the foregoing in straight or mixed shipments destined to warehouse and distribution centers of Delly and Proficient at Irvine and Hayward, Calif.; Arlington, Tex.; Franklin Park,111., and Orlando, Fla., under a Continuing contract,, or contracts, with Delly Food Co. and Proficient Food Co., for 180 days. Supporting shipper(s): Delly Food Co. and Proficient Food Co.; 17872 Cartwright Road, Irvine, Calif. 92705. Send protests to: Irene Carlos, Transportation Assistant, Interstate Commerce Commisssion, Room 1321, Federal Building, 300 North Los Angeles Street, Los Angeles, Calif. 90012.

No. MC 143758 (Sub-No. 1TA), filed September 28, 1977. Applicant:KNOWLES TRANSPORT, INC., 833 Warner Street SW., Atlanta, Ga. 30310. Applicant’s iepresentative: Archie B. Culbreth, Suite 246, 1252 W. Peachtree Street SW., Atlanta, Ga. 30309, Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Traffic marking paints, from the plantsite and ware

house facilities of William Armstrong Smith Co. at East Point, Ga., to points in the United States in and east of Idaho, Utah, Colorado, and Texas., and (2) materials and supplies used in the manufacture and distribution of traffiic marking paints, from points in the United States in and east of Idaho, Utah, Colorado, and Texas., to the plantsite and warehouse facilities of William Armstrong Smith Co. at East Point, Ga., under a continuing contract, or contracts, with William Armstrong Smith Co., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting ship- peris) : William Armstrong Smith Co., P.O. BoX 90868, East Point, Ga. 30344. Send protests to:.Sara K. Davis, Transportation Assistant, Bureau of Operations, Interstate Commerce Commission, 1252 W. Peachtree Street NW., Room 300, Atlanta, Ga. 30309.

No. MC 143781 TA, filed September 27, 1977. Applicant: EDWARD HOWARD WILLIAMS, d b.a. EDDIE H. WILLIAMS TRUCKING, 24440 Juniper Springs Road, Homeland, Calif. 92348. Applicant’s representative: Shasta industries, Inc., P.O. Box 1705, Hemet, Calif. 92343. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Travel trailers, from California, to Oregon, Washington, Nevada, Idaho, Arizona, Utah, Wyoming, Montana, Colorado, and New Mexico, for 180 days. Supporting shipper (s ) : Shasta Industries, Inc., P.O. Box 1705, Hemet, Calif. Send protests: to: Irene Carlos, Transportation Assistant, Interstate Commerce Commission, Room 1321 Federal Building, 300 North Los Angeles Street, Los Angeles, Calif. 90012.

No. MC 143856 (Sub-No.' 1 TA), filed September 26, 1977. Applicant: JOHNN. GUNDERSON, d.b.a. GUNDERSON ENTERPRISES, White Earth, N. Dak. 58794. Applicant’s representative: Richard P. Anderson, 502 First National Bank Building, Fargo, N- Dak. 58102. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Air heaters, and (2) duct work, accessories, parts and attachments for air heaters, from Tioga, N. Dak., to points in Alaska, Colorado, Illinois, Kentucky, Massachusetts^ Michigan, Minnesota, Montana, New York, Oklahoma, Ohio, Texas, Utah, West Virginia, Wisconsin and Wyoming, under a continuing contract, or contracts, with Tioga Air Heaters Co;, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting ship- peris) : Tioga Air Heaters Co., Tioga, N. Dak. 59952. Send protests to: Ronald R. Mau District Supervisor, Bureau of Operations, Interstate Commerce Commission, P.O. Box 2340, Fargo, N. Dak, 58102.

By the Commission.H. G. Homme, Jr.,

Acting Secretary.[PR Doc.77-30534 Piled 10-18-77;8:45 am]

FEDERAL REGISTER, VOL. 42; NO, 202—WEDNESDAY, OCTOBER 19, 977

55863

sunshine act meetingsThis section of the FEDERAL REGISTER contains notices of meetings published under the

5 U.S.C. 552b(e)(3).‘Government in the Sunshine Act" (Pub. L. 94-409),

CONTENTS ItemCivil Aeronautics Board__ ___1, 2,3Civil Rights Commission_______ 4Consumer Product Safety Com

mission ______ _______ <______ 5International Trade Commis

sion ------ -— _— — --------- i-— 6Occupational Safety and Health

Review Commission______ —___ 7

[ 6320- 01]1

]M-71;10/13/77]CIVIL AERONAUTICS BOARD.TIME AND DATE: 10 a.m.—October 20, 1977.PLACE: Room 1027, 1825 Connecticut Avenue NW., Washington, D.C. 20428.SUBJECT:

1. Ratification of actions adopted by notation.*

2. Docket 31420, Exemption request of United to provide alternate transportation to passengers due to the grounding of two World 747 aircraft (Memo No. 7484, BPR).

3. Docket 30904, Motion for expedited consideration of an amendment to Board Order 77-8-66, August 16, 1977 (Memo No. 7320—A, BFR, BOR, OGC>.

4. Docket 31326, Transatlantic specific commodity rates proposed by Air-India (Memo No. 7479, BFR, BIA).

5. Dockets 27124 and 26183; Continental’s Subpart N Application; Application of Delta Air Lines (Houston-New Orleans Restriction) (Memo No. 5197-F, BOR).

6. Dockets 30547; 31278; and 31385; Northwest’s Motion for Hearing of its Minneapolis-Dallas/Houston Application; Consolidation Motions of Texas International and the City and Chamber of Commerce of San Antonio (Memo No. 7481, BOR).

7. Proposal of new section 302.908, applications for new or modified certificated route authority (Memo' No. 7488, BOR, OGC).

8. Docket 31114, Motion of Wien AirAlaska to vacate Order 77-7-46 on grounds of mbotness (Memo No. 7480, BOR)." ’ ' --V ■

9. Laker Airways Limited, Application for a blanket Statement of Authorization to operate off-route passenger charter flights (Memo No. 7123-A, BOR, BIA).

10. Docket 29818, Notice of Proposed Rulemaking SPDR-55; Free and reduced-rate transportation of travel agents on ABC’s, ITCs, and OTC’s (Memo No. 6697-B, OGC).

11. Proposed Amendment of Separation of Functions Rule (Memo No. 7473, OGC).

12. Dockets 28848; 28778; 28800; 28961; 29186; ¿4778; and 28308, Improved Authority to Wichita Case; Additional Dal- las/Fort Worth-Kansas City Nonstop Service Case; Phoenix-Des Moines/Mil- waukee Route Proceeding; Sacramento- Denver Nonstop Case; Memphis-Twin Cities/Milwaukee Case; and Greenville/ Spartansburg-Washington / New York Subpart M Case, Memorandum of Issues and Request for Instructions (Memo No. 7483, OGC).

13. Draft Notice of proposed rulemaking to require a statement on live animal shipment airbills that extratariff conditions are illegal (Memo No. 7328- B, OGC, BFR).

14. Liberalization of Charter Rules— Proposed Action Plan on Proposed Options (Memo No. 7470-A, OGC, BOR, BFR, BIA, OCA, BOE).

15. Procedures for Board Review of BOE Dismissals of Third Party Complaints (Memo No. 7496, BOE).

16. Consumer Abuses by Tour Operators (Memo No. 7497, BOE, BOR, OGC, OCA),STATUS : Open.PERSON TO CONTACT:

Phyllis T. Kaylor, The Secretary, 202-673-5068.

[S-1602-77 Filed 10-14-77;4:32 pm]

[ 6320- 01 ]2

IM-70; 10/13/77]CIVIL AERONAUTICS BOARD.TIME AND DATE: 9 a.m.—October 17, 1977.PLACE: Room 1027, 1825 Connecticut Avenue NW*., Washington, D.C. 20428. SUBJECT: Docket 25908 e t al., Transatlantic Route Proceeding (Memo Np. 7492, OGC).STATUS: Open.PERSON TO CONTACT:

Phyllis T. Kaylor, the Secretary, 202- 673-5068.

SUPPLEMENTARY INFORMATION: At the October 13, 1977, Board meeting the Members voted to meet on less than seven days’ notice on the Transatlantic Route Proceeding so that the Board could consider expeditiously the staff’s recommendations and so that the Board’s decision could be transmitted to the President as soon as possible. Accordingly, the following Members voted that agency business requires that the Board meet on less than seven days’ notice to consider this item and that no earlier announcement of this meeting was possible.Chairman Alfred E. Kahn Vice Chairman Richard J. O’Melia Member G. Joseph Minetti Member Elizabeth E. Bailey

[S -l601-77 Filed 10-I4-77;4:32 pm]

3[ 6320- 01 ]

[M-67 amdt. 3; 10/13/77]CIVIL AERONAUTICS BOARD.

Notice of change of time for the October 13,1977, meeting.TIME AND DATE: 10 a.m.—October 13, 1977.PLACE: Room 1027, 1825 Connecticut Avenue NW., Washington, D.C. 20428. SUBJECT: Scheduled Meeting for October 13 as announced by M-67 as amended by amdt. 1 and amdt. 2. STATUS: Open.PERSON TO CONTACT:

Phyllis T. Kaylor, the Secretary, 202- 673-5068.

[S -l600-77 Filed 10-14-77;4:32 pm]

[ 6335- 01 ]4

COMMISSION ON CIVIL RIGHTS. TIME AND DATE: 2 p.m.-6 p.m., September 19,1977.PLACE: Room 512, 1121 Vermont Avenue NW., Washington, D.C. . STATUS: Part of the meeting will be open to the public and part of the meeting will be closed.MATTERS TO BE CONSIDERED: Portion open to the public: 2 p.m. to 4 p.m.


55864 SUNSHINE ACT MEETINGS

I. Approval of Agenda.n . Approval of Minutes of Last Meeting.III. Staff Director’s Report :

A. Status of Funds.B. Personnel Report.C. Correspondence:

1. Letter from President re AdvisoryCommittee Review.

2. Letter from Director, Office ofRevenue Sharing, re prior Commission correspondence.

3. Letter from Honolulu-Pacific Federal Executive Board re enforcement effort report.

4. Letter from Screen Actors Ouild■re media report.

5. Letter from National Gay TaskForce.

D. Office Directors’ Reports.IV. Decision re Florida. SAC Recommenda

tions on Citizenship Requirements for Police Officers.

V. Decision re Texas SAC Recommendations on Corpus ChristL

VI. Review of Impact Statement re Requests for Hearings on Police-Community Relations.

VII. Review of Letter re Rehabilitation Act of 1973.

VIII. Congressional Liaison Report re “Assault on the Poor’’.

IX. Congressional Liaison Report re Extension Legislation.

X. Approval of Contract for National Survey of Civil Rights Leadership.

MATTERS TO BE CONSIDERED: Portion closed to the public: 4 p.m. to 6 p.m.(1) Review of Women in Poverty Report.(2) Review of Update of Volume V Federal

Civil Rights Enforcement Report.(3) Review of Update of Affirmative Action

Statement.CONTACT PERSON FOR FURTHERINFORMATION:

Barbara Brooks, Public Affairs Unit, 202-254-6697.

[S-1606^77 Filed 10-17-77; 12 M2 pm]

[ 6355-01 ]5

CONSUMER PRODUCT SAFETY COMMISSION.TIME AND DATE: October 20, 1977, 9:30 a.m.LOCATION: 3d Floor Hearing Room, *1111 18th Street NW., Washington, D.C. STATUS: Partly open and partly closed.

CHANGES IN MEETING: The Commission has revised the agenda for this meeting. The revised agenda follows:

R evised Agenda

A. POSSIBLY CLOSED1. Television Receiver Safety Standard

—The Commission will consider possible options for action on a recommended standard for television receivers which Underwriters Laboratories submitted in July 1976. The staff briefed the Commission on this matter a t the October 19 Commission Briefing.

B. OPEN TO THE PUBLIC2. Draft Proposed Certification Regu

lation for Architectural Glazing Materials—This draft Federal Register document would propose regulations under section 14(b) of the Consumer Product Safety Act establishing reasonable testing procedures which would serve as the basis for certifying that glazing complies with requirements of the Standard for Architectural Glazing Materials. Consideration of this item was originally scheduled for the October 13 Meeting.

3. Proposed Amendments to Standards for Flammability of Children’s Sleepwear—The Commission will consider proposed amendments to the standards for tiie flammability of children’s sleepwear sizes 0-6- (FF 3-71) and 7-14 (FF 5-74), which are intended to reduce the need to use flame-retardant chemicals for children’s sleepwear garments and fabric. The staff briefed the Commission on the proposed amendments at the October 19 Commission Briefing.

r C. CLOSED TO THE PUBLIC4. Possiple Substantial Product Hazard

Case—The Commission will consider a staff recommendation to issue a complaint under section 15 of the Consumer Product Safety Act, and to seek a preliminary injunction in this case in Tolv- ing a possibly substantial shock hazard.

5. Application of CPS A Section 4(g) (2)—The Commission will rule on a request from a Commission employee not to impose the post-employment restrictions contained in section 4(g) (2) of the Consumer Product Safety Act. The Commission considered this request a t the October 6 Meeting.CONTACT PERSON FOR ADDITIONAL INFORMATION:

Sheldon Butts, Assistant Secretary, Suite 300,1111 18th Street NW., Washington, D.C. 20207; telephone 202-634- 7700.fS-1605-77 Filed 10-17-77;11:41 ami

[ 7020-02 ]6

[USITC SE-77-62]INTERNATIONAL TRADE COMMISSION.TIME AND DATE: 4:30 p.m., Friday, October 14,1977.PLACE: Room 117, 701 E Street NW., Washington, D.C. 20436.STATUS : Open to the public.MATTERS TO BE CONSIDERED:

1. Investigation TA-203-3 (Stainless Steel and Alloy Tool Steel)—approval of report.CONTACT PERSON FOR MORE INFORMATION:

Kenneth R. Mason, Secretary, 202- .523-0161.

[S—1604-77 Filed 10-17-77; 10:42 am]

[ 7600-01 ]7

ÇCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. TIME AND DATE: 9:30 a.m., October 21, 1977.PLACE: Room 1101, 1825 K Street NW., Washington, D.C.STATUS: This meeting is subject to being closecfby a vote of the Commissioners taken at the beginning of the meeting. MATTERS TO BE CONSIDERED: Discussion of specific cases in the Commission adjudication process.CONTACT PERSON FOR MORE INFORMATION:

Ms. Lottie Richardson, 202-634-7970. Dated: October 14,1977.

[S-1599-77 Filed 10-14r-77;2:25 pm]

FEDERAL REGISTER, VOL. 42, NO. C02—WEDNESDAY, OCTOBER I f , 1977

WEDNESDAY, OCTODER 19, 1977PART if

DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

Federal Insurance Administration

NATIONAL FLOOD INSURANCE PROGRAM


[ 4 2 1 0 - 0 1 ]Title 24— Housing and Urban DevelopmentCHAPTER X— FEDERAL INSURANCE AD

MINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM

[Docket No. PI 3571]PART 1914— AREAS ELIGIBLE FOR THE

SALE OF INSURANCESuspension of Community Eligibility

AGENCY: Federal Insurance Administration, HUD.ACTION : Final rule.SUMMARY : This rule lists communities where the sale of flood insurance, as authorized under the National Flood Insurance Program (NFIP), will be suspended because of noncompliance with the flood plain management requirements of the program.EFFECTIVE DATES: The date listed in the fourth column.FOR FURTHER INFORMATION CONTACT:

Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, 202-755-5581 or toll free line 800-424- 8872, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Flood Disaster Protection Act of 1973 (Pub. L. 93-234), as amended, requires the purchase of flood insurance as a condition of Federal financial assistance if such assistance is:

(1) For acquisition and construction purposes; and

(2) For property located in a special flood hazard area identified by the Secretary of Housing and Urban Development. -

The requirement applies to all identified special flood hazard areas within the United States, and no such financial assistance can legally be provided for acquisition or construction in these areas unless the community has entered the program and insurance is purchased. Accordingly, for communities listed under this part such restriction exists as of the effective date of suspension because insurance, which is required, cannot be purchased.

Section 1315 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4022) prohibits flood insurance coverage as authorized under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless an appropriate public body shall have adopted adequate flood plain management measures with effective enforcement measures. The communities suspended in this notice no longer meet the statutory requirement for compliance with program regulations (24 CFR Part 1909 et seq.). Accordingly, the communities are suspended on the effective date in the list below.

The Federal Insurance Administrator finds that delayed effective dates would be contrary to the public interest. The Administrator also finds that notice and public procedure under 5 U.S.C. 553(b) are impracticable and unnecessary.

In each g entry, a complete chronology of effective dates appears for each listed community.‘ Section 1914.6 is amended by adding in

alphabetical sequence new entries to the table.§ 1914.6 List of suspended communities.

State County Location Effective date of authorization of sale of flood Hazard area Communityinsurance for area identified No.

Colorado_____ _____Alamosa........Do____________ Arapahoe___Do___ \________ Las Animas..

Connecticut________ Fairfield___ _Florida____________Santa Rosa..Kentucky............... . Hardin____Massachusetts.............Barnstable...

Do________ ___ Plymouth___Minnesota___ -..____ Polk_______

Do____________ Lyon______Do____________Bento______

Missouri.__________ Platte.........New Jersey_________ Ocean_____

Do...... ..... ........ . Morris_____New York_________ Wayne_____

Do.........................Chautauqua.Do......... ....... .......Erie_______Do..___ ______ _ Broome____Do_______ C___ Sullivan____Do___________ Suffolk...___Do____________Steuben___ _Do_______ do____Do._____ ______Wayne_____

North Dakota_______ Grand Forks.Do_________— Ransom____Do____________ Stutsman, .i.Do____________ Pembina___

Ohio______________Mahoning___Pennsylvania_______ Montgomery.

Do__________ .____ do_____

Alamosa, city of_____________

Unincorporated areas.................

____do___________________

Greenwich, town of__________

Unincorporated areas.................

West Point, city of______. . . . . .

Falmouth, town o f .....................

Marshfield, town of........ ...........

East Grand Forks, city of____

Marshall, city of_____________

Sauk Rapids, city of_____ ____

Riverside, city o f_____ _____

Ocean, township of__________

Passaic, toWnship of_________

Arcadia, town of_______ _____

Bemus Point, village of______

■Evans, town of______________

Johnson City, village of______

Liberty, village of____________

North Haven, village o f........... .

Painted Post, village of_______

Pulteney, town of.—. ________

Sodus Point, village o f . ._____

Grand Forks, city of_____ . . . .

Enderlin, city of_________ r ~ .

Jamestown, city o f- .—'_______

Pembina, city of_____________

Youngstown, city of_________

Ambler, borough o f . . . -----------

Lower Gwynedd, township of.

June 6,1973, emergency; Sept. 15,1977, regular;Nov. 2,1977, suspended.

Feb. 4,1972, emergency; Aug. 15,1977,.regular;Nov. 2,1977, suspended.

Oct. 15,1971, emergency; Sept. 1,1977, regular;Nov. 2,1977, suspended.

Feb. 4,1972, emergency; Sept. 30,1977, regular;Nov. 2,1977, suspended.

Aug. 28, 1970, emergency; Sept. 14, 1977, regular; Nov. 2,1977, suspended.

Mar. 7,1974, emergency; Nov. 2, 1977, regular;Nov. 2,1977, suspended.

May 18, 1973, emergency; Sept. 30, 1977, regular; Nov. 2,1977, suspended.

Jan. 14,1972, emergency; Oct. 14,1977, regular;Nov. 2,1977, suspended.

Jan. 19, 1973, emergency; Sept. 15, 1977, regular; Nov. 2,1977, suspended.

Mar. 23, 1973, emergency; Sept. 30, 1977, regular; Nov. 2,1977, suspended.

June 18,1973; emergency; Oct. 14,1977, regular;Nov. 2,1977, suspended.


Apr. 30,1974, emergency; Oct. 14,1977, regular;Nov. 2,1977, suspended.

May 26, 1972, emergency; Oct. 14, 1977, reg- • ular; Nov. 2,1977, suspended.

June 4,1973, emergency; Nov. 2,1977, regular;Nov. 2,1977, suspended.

July 16, 1975, emergency; Nov. 2, 1977, regular; Nov. 2,1977, suspended.

Apr. 21,1972, emergency; Oct. 1, 1977, regular;Nov. 2,1977, suspended.



Jan. 19, 1973, emergency; Sept. 30,1977, regular; Nov. 2,1977, suspended,

Feb. 23, 1973, emergency; Sept. 30, 1977, regular; Nov. 2,1977, suspended.

May 1,1973, emergency; Sept. 30,1977, regular;Nov. 2,1977, suspended.

Mar. 9, 1973, emergency; Nov. 2,1977, regular;Nov. 2,1977, suspended.

Mar. 19, 1971, emergency; Sept. 30, 1977, regular; Nov. 2, 1977, suspended.

June 18, 1971, emergency; July 11, 1975, regular; Nov. 2,1977, suspended.

May 26,1972, emergency; Apr. 9,1976, regular;Nov. 2,1977, suspended.

June 18,1971, emergency; Apr. 30,1976, regular;Nov. 2,1977, suspended.

Apr. 18,1973, emergency; July 18, 1977, regular; Nov. 2,1977, suspended.

Dec. 6,1973, emergency; Nov. 2,1977, regular;Nov. 2,1977, suspended.

Sept’ 26,1973, emergency; Oct. 14,1977, regular; Nov. 2, 1977, suspended.

May 19,1974 080010Dec. 20,1974 080011-ASept. 1,1977 080105Oct. 18,1974 090008Jan. 24,1975 120274May 17,1974 Mar. 5,1976

210097-AMay 18,1977 255211-CAug. 30,1974 250273Sept. 13,1974 July 23,1976

275236-ANov. 2,1973 July 16,1976

270258-AOct. 12,1973 Dec. 31,1976

270023-BNov. 30,1973 Ì 290296Feb. 28,1975 340518Feb. 15,1974 340356Apr. 12,1974 June 11,1976

360972-AAug. 9,1974 360133-AMay 31,1974 Aug. 20,1976

360240-AApr. 12,1974 Sept. 19,1975

,*360047-AMar. 8,1974 Apr. 30,1976

360824-BMar. 22,1974 360800Sept. 7,1973 Nov. 16,1973

360779-BMay 10,1974 360780-AAug. 31,1973 Oct. 24,1975

360899-AJune 28,1974 385365June 18,1971 385363-BMay 26,1972 385366-BJune 20,1970 3853£8-CApr. 5,1974 May 28,1976

390373-AMay 31,1974 Apr. 30,1976

420947-AJune 14,1974 July 30,1976

420953-A

FEDERAL REGISTER, VOL. 42, NO, 202— WEDNESDAY, OCTOBER 19, 1977

ROLES ANO REGULATIONS 55867

County Location Effective date of authorization of'sare of flood Hazard area Community insurance for area identified No.

D o .- ___________ Bucks.„ „ . Nov. 2,1977; suspended.Bo---------- - Delaware..--------------------Trainer, borough of------ . . . . ._________ ... . Dec. 10,1971 ',Emergency; Oct. 1,1977, regular;• Now.-2„ 1977, suspended.Bo--------Montgomery......!...__ West Conshohockeir, borough of._________________ May 4,1973, emergency; Nov. 2,1977, regular;

• __ „ «• _ ' Nov, 2,1977, suspended.Do------------------ Chester--------- . . . . . . . . West Goshen; township of...::_______ Jan. 26,. 1973, emergency; Nov. 2,1977, regular;_ Nov. 2,1977, suspended.South Carolina....... . Horry-------------------- North Myrtle Beach, town of.____________ Aug. 23,1974,emergency; Oct. 14,1977, regular;Tennessee...___ ____ White____Texas_____________ McLennan.Virginia..,__ _Washington___

Bo____.. . .

-------- Sparta, city of--- -------------------------------- Man 14,1974, emergency; Nov. 2,1977, regular;Nov. 2,1977, suspended. 7-------- yvaeo, city of------------------ ---------------- .. Nov, 11,1973. emergency;Nov. 2,1977,.regular;

. . . , , ............... ■ Nov. 2,1977, suspended.. Amherst-----------------Amherst, town of..---------------—------------ Feb. 7, 1974, emergency; Nov. 2, 1977, regular;„ . Nov. 2', 1977, suspended.. Okanogan...------------ Conconully, towiiof-------------------------... Mar. 21, 1975, emergency; Sept. 30,, 1977„regu-

lar; Nov. 2, 1977, suspended.- A-mg--------------------- Normandy Park, city of------------ ------------- Jan. 21,1974-,.emergency; Nov. 2,1977, regular;_ . ’ ■ , Nov. 2, 1977, suspended!Dp----------- — Okanogan---------------- Oroville, town of--------------------------------- A nr. 22.. 1974. emereenev: Sent. 30. 1977.. refill.Do____________ Whatcom-.

Wisconsin________ Shawano..Wyoming. . . . . ______ Laramie..

Do____!___ :___ Natrona..

T, . ' lar; Nov. 2,1977, suspended.Unincorporated'areas— . . . . ----------- Feb. is 1972, emergency; Sept. 30, 1977, regu-

lar; Nov. 2,1977, suspended.---- dO-------------------------------------------- Dec. 30. 1971. P.mervp.nev: Ocl Id 1977 reimlar-Nov. 2, 1977, suspended.

Casper, city of. .. lar; Nov. 2,1977, suspended.-------Feb, 4,1972, emergency; Sept. 15,1977, regular;

Nov. 2, 1977, suspended!

July 19,1974 420197-AJune 18,1976Nov. 30,1973 420437Jan. 16,1974 42Ò710-AJune 11.1976June 21,1974 420293-AJune 18,1976Aug. 23,1974 450110-ASept. 5,1975June 28,. 1974 470203-AApr. 2,1976Nov.. 2,1977 _ 480461Jan. 31,1975 510193July .9,1976 530118June 28,1974 530C84-AOct. 31,1975May 24,1974 530121-AJan. 2,1976Sept. 30,1977 530198Oct. 14,1977 550412June 28,1974 5S003ff-AJan. 16,1976Mar. 8,1974 560037-AJune 4-, 1976

(National Flood Insurance Act of 1968 ( title XIII of the Housing and Urban Development Act of 1968f ; effective Jan. 28; 1969» (33 FR 17804, Nov. 28, 1968), as amended, (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680 Feb. 27, 1969) as amended (39 FR 2787, Jan. 24, 1974.)

Issued : September 27,1977.

[ 4210-01 ][Docket No. FI 3530]

PART 1914— COMMUNITIES ELIGIBLE FOR THE SALE OF INSURANCE

Status of Participating CommunitiesAGENCY-:. Federal Insurance Administration, HUD.ACTION: Pinal rule.SUMMARY: This rule lists communities participating in the National Flood Insurance Program CNFIP). These communities have applied to the program and have agreed to enact certain flood plain management measures. The communities’ participation in the program authorizes the sale of flood insurance to owners of property located in the communities listed.EFFECTIVE DATES: The date listed in the fourth column of. the table.ADDRESSES: The addressee where flbod insurance policies can be obtained are published a t 24 CFR 1912.7.§ 1914.6 List o£ eligible communities.

[FR Doc.77-30152 Filed 10-18-77;8:45 am]


Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, 202-755-5581 or toll free line 80Q-424- 8872, Room 5270, 451 Seventh Street SW, Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Flood Disaster Protection Act of 1973 (Pub.. L. 93-234 ) , amended, requires the purchase of flood insurance as a condition of Federal financial assistance if such- assistance is :

(1> For acquisition and construction purposes; and

C2) For property located in a special flood hazard area identified by the Secretary of Housing and Urban Development.

The requirement applies to all identified special flood hazard! areas within the United States, and no such financial assistance can legally be provided for acquisition or construction except as au-

Patricia R oberts H arris,Secretary.

thorized by section 202(b)' of the Act, as amended, unless the community has entered the program. Accordingly, for communities listed under this part no such restriction exista, although insurance; if required, must be purchased.

Flood insurance policies for property located in the communities listed can be obtained from any licensed property insurance agent or broker serving thé éligible community, or from the National Flood Insurers Association (NFIA) servicing company for the State.

The Federal Insurance Administrator finds that delayed effective dates would be contrary to the public interest. The Administrator also finds, that notice and public procedure under 5 U.S.G. 553 (h) are impracticable and unnecessary.

In each entry, a complete chronology of effective dates appears for each Hsted community. The entry reads as follows:

Section 1914.6 is amended by adding in alphabetical sequence new entries to the table.

State County Location Effective date of authorization of sale of flood Hazard area Community insurance for area identified' No.

New York..—,— ----Suffolk-------------------- Amityville,.village of.Pennsylvania.,......... Delaware------------ ----- Edgmont, township of. Oct. 20,1972, emergency; Sept. 1, 1977 regular.

Mar. 31,1974 emergency; Sept. 1, 1977 regular.D°— -....................- --do......... .............. . Marple township of. ___ ,. f_. _

.............. .........—- ...................... Roaring Springs, borough of................................ e>epx..4, in/a emergency: sept, l , 1977 regular,wasnmgton.................©kanogant............... Brewster, town of.......................................... Feb. 14,1975 emergency; Sept. 1,1977 regular;"" ---------- Earlham, city of.--------------------- _____ __ Sept. 6,1977 emergency . .

Dec. 3y 1971 emergency; Sept. P, 1977-regular. Sept.. 4, 1973 emergency: Sept, 1, 1977 regular.

Iflwa-......................... Madison,

California...... . Shasta.............. -........ Anderson, city of................, ....... .................. Sept. 15,1977, suspension withdrawn:Do.....— ......... San Mateo..... ........ San Carlos, city of.................................. ............ do_______ ______ ____ ____

Florida.......................Santa Rosa..____ . . . . . . Gulf Breeze, city of............................................do.......................... ................ .Georgia........—. . . . . . . . Cook— .......................Adel, city of....... .................................................. do

Do....................... Dougherty..............Albany, city of............................................... ...... » do* ,* ............ -....... .— ........ DeKalb------- ...-...........Doraville, city of...................................................do.......................................... ..........-........... Colquitt------ ---------- Moultrie, city of....................................................do...... ........ :........ .....

Apr. 25,1975 360788-AFeb. 8,1974 . 420414-AAug. 6,1076Feb. 1,1974 420420-A__do. 420163-BA»g. ""¿U975~ 530275-AAug. 0,1976 160570

June 14,1974 060359-ADec. 20,1974June 28,1974 060327-AAug. 8,1975June 28,1974 120275-AJan. 30,1976July 18,1975 130060May 17,1974 130075-AFeb. 13,1976June 7,1974 130009-AJan. 23,1976Nov. 22,1974 130199

FEDERAL' REGISTER, VOL. 42, NO. 202-—WEDNESDAY, OCTOBER »19, 1977


State County

• *Harrison.._____ .. . . . .

Louisiana_____ ____ West Baton Rouge Parish.

D o...................... Polk............................New Jersey__ ____ Ocean_______:______

Do ......North Dakota.......... —McHenry__________

Northampton .........Do......... .............. Westmoreland_______ _DoDo..................... * Lehigh...__________

Location

Missouri Valley, city of__Addis, village of___ ___Rehoboth, town of_____Burnsville, city of__ ___Crookston, city of______Lacey, township of.____Amityville, village of____Larchmont, village of.....Velva, city of____ _____Freemansburg, borough of.Manor, borough of.......... .Marple, township of..___Salisbury, township of. .. .

Texas_____________Bexar______________ Windcrest, city of_____West Virginia_______ Jackson_______¿L'____ Ripley, city of______ ...Wisconsin_____ ____ Chippewa___________ Chippewa Falls, city of.

Effective date of authorization of sale of flood Hazard area Community insurance for area identified No.

* . * •..do...do...do...do...do...do...do...do...do.-do.-do...do...do...do...do...do.

. Apr. 12,1974 190147-ADec. 26,19757,1973 . 220240 AFeb. 20,1976

. Jan. 24,1975 250062. Mar. 29,1974 270102-AAug. 6,1976

. July 27,1973 270364-BJune 4,1976

. Jan. 24| 1975 340376. Apr. 25,1975 360788. June 14,1973 360915Nov. Mar. Mar.

. Dec.June

. Apr.

23.197322.197419.197628.1973 4,1976

12.197423.1976

38051-A420721-A420886-AApr.

. Feb. 1,1974 42042028,1973 42Ö591-AMay 21,197617,1974 480689. May 17,1974 ¿40064-AMay 28,1976

. Sept. 1,1977 550044

(National Flood Insurance Act of 1968 (title X ill of tlie Housing and Urban Development Act of 1968) ; effective Jan. 28,1969 (33 FR 17804, Nov. 28, 1968), as amended, (42U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27,1969) as amended (39 FR 2787, Jan. 24,1974).)

Issued: Septembers, 1977.

[FR Doc.77-30153 Filed 10-18-77; 8:45 am]

P atricia R oberts H arris,Secretary.

[ 4210- 0 1 ][Docket No. FI-3529]

PART 1915— IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS

List of Communities with Special Hazard Areas

AGENCY: Federal Insurance Administration, HUD.ACTION: Final rule.SUMMARY: This rule identifies communities with areas of special flood, mudslide, or erosion hazards as authorized by the National Flood Insurance Program (NFIP). The identification of these areas is to provide guidance to communities oh thé reduction of property losses, by the adoption of appropriate flood plain management, and other measures to minimize damage. It will enable communities to guide future construction where practicable, away from locations which are threatened by flood or other hazards.:EFFECTIVE DATES: The date listed in the eighth column of the table or November 18, 1977, whichever is later.FOR FURTHER INFORMATION CONTACT:


SUPPLEMENTARY INFORMATION: The Flood Disaster Protection Act of 1973 (Pub. L. 93-234), as amended), requires the purchase of flood insurance as a condition of Federal financial assistance if such assistance is:

(1) For acquisition and construction purposes; and

(2) For property located in a special flood hazard area identified by the 'Secretary of Housing and Urban Development.

One year after the identification of the community as flood prone, the requirement applies to all identified special flood hazard areas within the United States, so that, after that date, no such financial assistance can legally be provided for acquisition and construction in these areas unless the community has entered the program. The prohibition, however, does not apply to loans by federally regulated, insured, supervised, or approved lending institutions (1) to finance the acqusitioja of a residential dwelling occupied as a residence prior to March 1, 1976, or one year following identification of the area within which such dwelling is located as an area containing special flood hazards, whichever is later, or made to extend, renew, or increase the financing or refinancing in connection with such a dwelling, (2) to finance the acquisition of a building or structure completed and occupied by a small business concern, as defined by the Secretary, prior to January 1, 1976,

- (3) any loan or loans, which in the ag

gregate do not exceed $5,000, to finance improvements to or rehabilitation of a building or structure occupied as a residence prior to January 1, 1976, or (4) any loan or loans, which in the aggregate do not exceed an amount prescribed by the Secretary, to finance nonresiden- tial additions or improvements to be used solely ¿or agricultural purposes on a farm.

This 30 day period does not supersede the statutory requirement that a community, whether or not participating in the program, be given the opportunity for a period of six months to establish that it is not seriously flood prone or that such flood hazards as may have existed have been corrected by floodworks or other flood control methods. The six

.months period shall be considered to begin November 18, 1977, or the effective date of the Flood Hazard Boundary Map, Whichever is later. Similarly, the one year period a community has to enter the program under section 201(d) of the Flood Disaster Protection Act of 1973 shall be considered to begin November 18, 1977, or the effective date of the Flood Hazard Boundary Map, whichever is later.

This identification is made in accordance with Part 1915 of Title 24 of the Code of Federal Regulations as authorized by the National Flood Insurance Program (42 U.S.C. 4001-4128).

Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table:



§ 1915.3 List of communities with special hazard areas (FHBMs in effect).

State County Community name and number of panels

Com- Effectivemunity Program and Inland or Hasard— Identification date of this No. and change code coastal F/M/E date(s) map actionsuffix

Local map repository

Arizonia....— Unincorporated area.

Arkansas---- — —. do.

California. Fresno.

Idaho......__ Blaine.

Pima County (01-02,05- 06,10-12,15,18-23,25- 27, 30-32, 34-35, 37-44, 47-52, 54-55, 57-58, 60- 61, 63-66, 68, 70, 73-74, 70-80, 84-86, 88-92, 94- 96, 101-102, 104-107, 109-118, 122-123, 125- 131, 135, 138-139, 141- 144, 147, 151-152, 155- 157, 160, 164-165, 167- 169, 171, 175, 179-180, 182-184, 187-188, 192, 195-196, 200-202, 205, 208-209, 212-218, 222- 235, 238-241, 244-245, 247.249-250).

Bradley County (0001-0010).

City of Clovis (01-04) . ..

City of Hailey (01-03)...

040073A E-5

Iowa..............Unincorporatedarea.

Do. .do.

Do____ — Buchanan.

Do...... . Unincorporatedarea.

Kansas. .do.

Do. .do.

Louisiana..—.. . . . . .do. . . .

Maine..__ .. . . York.

Massachusetts.. Plymouth.

Missouri_____St. Louis..

Nebraska__¿.. Unincorporatedarea.

Oklahoma_______ do.

Oregon.......... ........do.-

Aug. 28,1977 Aug. 23,1977 Mr. Joseph A. Castillo, chairman, board of county supervisors, county courthouse, Tucson, Ariz. 85702, 602-792-8126.

Do... . . . . . . Curry__

Do............ Douglas.

Texas______ _ Bexar__

D o..;...... Unincorporatedarea.

Vermont—.:__ Windsor.

Washington.... Benton.

Wyoming...... Unincorporatedarea.

Guthrie County (0001- 0007).

Keokuk County (0001- 0006).

City of Quasqueton (01. 03-04).

Polk County (0001- 0009).

Cloud County (0001- 0009).

Coffey County (0001- 0006).:

Beauregard Parish (01- 79).

Town of Sanford (01, 03-10,12-16,18-19).

Town of Hanover (0001-0002).

City of Ellisville (01)__

Box Butte County (0001- 0016).

Tulsa County (01-20, 22-25,2731,33-34).

Columbia County (01- 40,43-48).

City of Port Orford (01).

City of Reedsport (01-02).

Town of Hill Country Village (0001).

Waller County (01-41)...

(04-09,13,16).

04,06-07).

0003, 0005-0032, 0034- 0037, 0039-0042, 0044- 0047).

N-5 I F ____d o . . . . . .......... . d o . . . . . . '

N-5, N-16 I Fi ___ . d o . . . . . ___ _. . d o . . . . . . .

E -ll.E -12 ,E-14

I F Dec., 7,1973 ___Oet. 29,1976

.do___ . . . ]

N-5 I F Aug. 23,1977 ___ .do............ j

N-5 I F ; . j . . . d o . . . „ ........ . . d o . . . . . —

E-12 I F Nov. 5,1976 . . . . ..d o .............

N-5 I F Au«. 23,1977 __ ..d o .........t .

N-5

N-5

I F

I F ____do.................. . .d o ............

N-10, N-Ï1, N-12

I F Jan. 17,1975 . . . ..d o ............

E-12, E-14 I F Sept. 13,1974 . . . Sept. 10,1976 >

„ d o .

E-10, E - ll, E-12, E-14

I F July 26,1974 . d o . . . . . . . .

E-8. E - ll , E-12, E-14

I F May 10,1975 . . . Nov. 7,1975

—do.............

N -5 I F Aug. 23,1977 . . . .—do............

E-5 I F - . . . - d o . . . .......... .

E-10, E -ll, E-12, E-14

I F Jan. 17,1975 . . . -.do—____

N - l l , N-12 C F Apr. 30,1976 . . . --do.............

E-12, E-14 C F June 21,1974 . . . Apr. 23,1976 Jan. 28,1977

, - d o . . . . . .

N-5 I Aug. 23,1977 — .-do.-—___

E-5 I F _______ —do—.......

E-10—E -ll, E-12, E-14

I F Nov. 1,1974 . . . . .-dp—

E -ll , E-12, E-14

I F June 7,1974 . . . Oct. 29,1976

.d o .......

N-5 I F Aug. 23,1977 . . . . ..do............

office of the county judge, county courthouse, Warren, Ark. 71671, 501-226-3853.

ion. Robert E. Estep, mayor, city hall, 533 Pollasky St., Clovis, Calif. 93612,209-299-4341.

Hon. C. W. Dunn, acting mayor, city hall, Hailey, Idaho 83333, 208-788-4531.

El. Dean Wright, chairman, board of county commissioners, county courthouse, Guthrie Center, Iowa 50115.515-747-3415.

Mr. Jim Wonderlich, chairman, board of county supervisors, county courthouse, Sigourney. Iowa 52591, 515-622-2210.

Hon. Jerard Marxeh, Mayor, city hall, Quasqueton, Iowa 52326, 319-934-3340.

Mr. Tom Whitney, chairman, board of county supervisors, county courthouse, Des Moines, Iowa 50316, 515-284-6074.

Mr. Archie Chartier, chairman, office of the county engineer, P.O. Box 627, Concordia, Kans. 66901, 913- 243-4319.

Mr. Wayne Payer, chairman, board of county commissioners, county courthouse, Burlington, Kans. 66839, 316-364-2191.

Mr. Robert Scott, president, police jury, parish courthouse, Da Ridder, La. 70634, 318-463-7019.

Mr. Tony Hayes, town engineer, town hall, 267 Main St., Sanford, Maine 94073, 207-324-4121. '

Mr. Fiancis J. Mitchell, chairman, board of selectmen, town la.ll,

Hanover, Mass. 02339,617-826-2261.Mr. Victor J. Reinke, city adminis

trator, No. 1 Weis Ave., Ellisville Mo. 63011, 314-227-9660.

Mr J. L. Saylor, chairman, board of county commissioners, county courthouse, Alliance Nebr. 69301, 308-762-5368.

. Mr. Robert S. Newhouse,chairman, board of county commissioners county courthouse, Tulsa, Okla., 74103, 918-584-0871.

Mr. Fred Foshang, chairman, board of county commissioners, county courthouse, St. Helens, Oreg. 97051, 503-397-4322.

Mrs. Vemita Long ton, city administrator, P.O. Box 318, Port Orford, Oreg. 97455, 503-332-2111.

Mr. Thomas Hedgepath, chairman, planning commission, P.O. Box 358, Reedsport, Oreg. 97467, 503- 271-3603.

Hon. Mitchel Goidenthal, mayor, 114 Village Circle, Hill Country Village, Tex. 78232, 512-494-3069.

Mr. Ray Senasae, administrator, flood .plain administration,: P.O. Box 871, Hempstead, Tex. 77445, 713-826-2473.

Mrs. , Ruth Jutson, chairperson, Stockbridge Planning Commission, Stockbridge, Vt. 05772, 802-746- 8026.

Mr. David C. Dougherty, P.E., city engineer, P.O. Box 6108, Kennewick, Wash. 99336, 509-586-4181.

Ms. M. B. Nelson, chairman, board of county commissioners, county courthouse, Laramie, Wyo. 82070, 307-742-2149.

FEDERAL REGISTER, VOL, 42, NO. 202— WEDNESDAY, OCTOBER 19, 1977


Com- EffectiveState ' County Community name and munity -Program-and Inlander Haeard— Identification dateofthis Local map repository

number of panels No. and change code coastal F/M/E date(s) map actionsuffix

Florida........ ... Marion......... City of Dunnellon (0001A).

120574 N-5 I

¡Indiana........... Adams____ ,,■* Adams County (unincorporated areas) (0001A-0006A).

180424 E-5 I

Do............ Hendricks__ .. . Hendricks County (unincorporated areas)

#(0001A-0006A).180415 E-5 I

Do............ Jennings___ ... Jennings County (unincorporated areas) (0001A-0006A).

180108 N-10, NT1, N-12, N-14

I

Kentucky— ... Harrison...... ... Harrison County (unincorporated areas) (0001A-0006A).

210329 N-5 I

Do............ Lincoln__ _ ... Lincoln County (unincorporated areas) (0001A-0005A).

210325 N-5 I

iDo........ .. Magoffin___ ... Magoffin County (unincorporated areas)

210158 N-5 I(0001A-0006A).

(Do........... Trigg................. Trigg County (unmcor- 210315 N-5 Iporated areas) (0001A- 0008A).

Minnesota___ Clearwater...... Clearwater County (tan- 278618 E-5 Iincorporated areas) (0001A-0014A). 280221A N-5 -Mississippi___ Copiah......... Copiah County (unin- Icorporated areas) (01-53). INew York___ ¡Rockland... ... \Village -Of Bloatsburg 360690 E-8.E-11,(0001B). E-12, E-14.

Ohio...... . ¡Mahoning____ .Village of Beloit (01).... 390805A N-5. *1

Pennsylvania.. ’Potter_______ Township of Route Ue •421986 E-ll, E-12, I(0001A-0002A). E-14

South Carolina. Bamberg.......... Bamberg County (un- 450203 N-10, N-ll, Iineopointed areas) (0001A-0008A).

N-12, N-14 N-5 IVirginia.......... Sussex___ ___ Town of Wakefield 510284

(0001A).West Virginia.. 540124 E-10, E-ll, I

coporated > ’ areas) (0001A-0008A).

E-12, E-14

Wisconsin____ Bayfield_____ Village of Mason (01) — 550598A N-5 I

California...... .. Riverside......... . City of Palm Springs '060257A E-ll, É-12, I(01-13, 15-16, 18, 20- 23).

E-14

Do............. ‘Unincorporated Plumas County (04-13, 060244A E-10, E-ll, Iarea. 15-26, 28-62,-64 68). E*12, E-14

Kan sas--------___.do_______ Leavenworth County 200186A E-5 I(01-39).

Lou isiana___ ___.d o ...____ Rapides Pftrish (01-39, 41-45, 47-51, 53-58, 66-

220145A E-10, E-ll, IE-12, E-14

87).Maine.............; Cumberland__ Town of Gumbetland 230162A N-5 C

(01, 03-18).New Ilamp- CarrML......... . . Town of Tuftonboro 330234A E-ll, E-12, I

shire. (04-19). E-44Texas............ . Unincorporated Jefferson County(01-1Q, 480385A E-5 C

area. 12-30, 33-38, 40-44, 46- 67).

Utah....... . ., Salt Lake.County,(0001-- 490102A E-5 I¡0002;0064-0012).

Wyoming....... . Fremont......... ■ GityofLahder (01-03).. 560020B E-8/E-11, E-12, E-14

I

F Aug. 26,1977 Aug. 26,1977 Lindon O. Robertson, president,city council, P.O. Box 430, Dun- neilon, Fla. 32630, phone:. 904-489- 2423.

F ___do________ ido_........ . Robert Workinger, president, countycommissioners, county courthouse, Decatur, Ind. 46733, phone: 219- 724-2794. .

F ___ do________ do........... Mr. Art Hensel, chairman, countycommissioners, 3d floor, > county courthouse, Danville, Ind. 46122 phone; 317-745-2794. ’

F Dec. 13,1974 ___ do..... .. . Arthur-Diekhoss, chairman, countycommissioners, county courthouse, Vernon, Ind., phone: 812-346-5977.

F Aug. 26,1977 ___-do___... Russell Stephens, county judge]county courthouse, Cynthiana! Ky. 41031, phone: 606-234-4841.

F __ do._______ do............Earl Butcher, county judge, countycourthouse,, Stanford, Ky. 40484 phone: 606-365-2534.

F . __ do..............—do....... . Hearl Borders, county judge, countycourthouse, Salyersville, Ky. 41465, phone: 606-349-2313.

F ___ do.......... .......do____ - James’Mfithis, comity judge, countycourthouse, P.O. Box 672, Cadiz, Ky. 42211,iphone: 502-522-8459.

F . . . —do_________do.......... Hale Grabill, chairman, county commissioners, Bagley, Minn. 50621, phone: 218>6944S132.

F ____do________ do_____ Ed Hood, chairman, eoufltyboar'd ofsupervisors, P.O. 507, Hazlehurst, Miss. 39083, phone: 601-894-3021.

F June 25,1976 __ .do_____ Thomas F. Bojlatto, Jr., villageMar. 22,1974 clerk, 96 Orange Turnpike, Sloats-

burg, N.Y. 10974, phone: 914-753- 2727.

F Aug. 26,1977 Aug. 26,1977 Charles H. McNatt, mayor, 17950 3dSt., Beloit, Ohio ’44609, Phone: 216-938-6408.

F ’Dec. 26,1974 ...¿do....... ...^HowardA, Smith, chairman,down-ship supervisor, Box'2I2, "Roulette, Pa. 16746, phone: 814r-544-9974.

F Nov. 29,1974 ___do_____ S. A. Neeley, chairman, countycouncil, Denmark, S.C. >29042,

phone: 803-893-3505.F Aug. 26,1977 ___ do....... . Dr, C. W. Griffin, mayor, Municipal

Bldg., Wakefield, Va. 23888, phone: 804-899-2381.

F Dec. 13,1974 ___ do..........Luther Byrd, president, board ofcounty commissioners, county of courthouse, Princeton, W. Va. 24740, phone: 304-425-9571.

IF Aug. 26,1977 ¿¿...do__—~ Ernest Nelson, village president,Box 68, Mason, Wis. 34856, phone: 715-765-4602.

F June 21,1974 Aug. 30,4977 Mr. Richard J. Smith, director ofcommunity development, 3200 Tahguitz-McCallum Way, Palm Springs, Calif. 92262, 714-323-2661.

F Dec. 20,1974 ___ d o ..,___Mr. Leonard Ross, chairman, boardof supervisors, office of board rof supervisors} courthouse, Quincy, Calif. 95971, 916-283-1060.

F Aug. 30,1977 ___ do_____ Mr. Howard iR. Vining, chairman,board of .county commissioners, oounty courthouse, Leavenworth Kans. 66048, 913-682-8823.

F Jan. 10,1975 .¿...do...........Mr. L. B. Henry, president,.office¡ofthe police jury, P.O. Box 1150, Parish courthouse, Alexandria, La. 71301, 318-445-3617.

F Aug. 30,il977 __ ¿do..........¡Hon. Richard L. Walker, mayor,town hall, Cumberland, Maine 04021,207-829-3082.

F Mar. 28,1975 .......do.^.......Mr. Lincoln Page, selectman, office.of selectmen, Center Tui ton boro, N. H. 03816,603-544-8935.

F Aug. 30,1977 .....do........ Hon. Leonard J. Gilblin, countyjudge, office of the oounty judge, county courthouse, Beaumont, Tex. 77701, 713-835-8466.

F __ do.................do... . . . . . Mr. Dunn, chairman, board of county.commissioners,.county, courthouse. Salt Lake City, Utah 84110, 801- 328-7307.

F May 3,1974__ .do_...._<Hon. Delbert McQmie, mayor, 183May 7,1976 South 4th ¿fit., Lander, Wyo.

82520, 07-332-2870.

FEDERAL REGISTER, VOL. 42, ¡HO. 202—WEDNESDAY, OCTOBER 19, 1977

55871RULES AND REGULATIONS

Com- EffectiveState County Community name and munity Program and Inland or Hazard— Identification date of this Local map repository

number of-¿panels No. and change code coastal F/M/E date(s) map action suffix

Indiana.------ . Starke______ _ Starke County (unincorporated areas) (0001A-0005A).

180240 N-5 if F Sept. 2,1977 Sept. 2,1977 Art Bofrell, chairman, county commissioners, county courthouse, Knox, Ind. 46534, phone: 219-772- 3821.

Ho . —-. Stephen._ _ ..... Steuben County (unincorporated areas) (0001A-0004A).

180243 E-10, E-ll, E-12, E-14

1 F Dec. 27,1974 _ . do___ _ Willis Ingledue, president, county commissioners, county courthouse, Angola, Ind. 46703, phone: 219- 665-2361.

Kentucky- ..-.. Letcher;.....-.. Letcher County (unincorporated areas) (0001A-0009A).

210289 N-5 ■ .a F Sept. 2,1977 »_-.do_._-—:- Estill Blair, county judge, county courthouse, Whitesburg, Ky. 41858, phone: 606-633-2129.

Minnesota---- -

Do.—----

. Steele_______

. Traverse......... .

Steele County (unincorporated areas) (0001A- 0009A).

Traverse County (unincorporated areas) (0001A-0010A).

270635

270621

E-5

E-5

i F _____do____

___ do_.........

___do____

....... do______

Chairman, county hoard of commissioners, county--courthouse, Owa- tonna, Minn. 55060, phone: 507- 451-8040.

Chairman, county board of .com- missionere, county courthouse, Wheaton, Minn.. 56296, Phone: 612-563-4242. .

Mississippi---- . Forrest........... Forrest County (unincorporated areas) (0001A-O009A).

280052 E-10, E-ll, E-42, E-14

i , F Sept. 6,1974 ___ do.—___. Jack Carter, president, hoard of supervisors, -county courthouse, Hattiesburg, Miss., phone: 601- 582-2101.

Do...... —. Quitman.......... Quitman County (unincorporated areas) (0001A-0009A).

280207 E-5 i F Sept. 2,1977 ... -¿do_____ Brain Moore, president, board of supervisors, county courthouse, Mark«, Miss. 38646, phone: 601-826- 7634.

New York---- . Monroe............ Town of Greece (01-14).. 360417B E-8, E-ll, E-12, E-14

i F Aug. 27,1976 Jan. 23,1974

...... do_____ James S. Peet, P. E., 2505 Ridge Rd., West, Rochester, N.Y. 14626, phone: 716-225-2000.

Ohio......... ---•. Hamilton____ Village of Oleves (0001A). 390211A E-ll, E-12, E-14

i * F July 23,1976 ...... do...... . Al. B. Cassady, mayor, 101 North Miami Ave., Cleves, Ohio 45002, phone: 513-941-5657.

Do............ (Belmont_____ City of Shadyside (01)— 390031C E-ll a F Nov ,.23,1973 May 21,1976 Jan. 21,1977

.....dor.____ Walter Cole, ofty engineer,-Burgess & Nipie, 5085 Reed Rd., Columbus, Ohio 43220, phone: 614-459- 2050.

Thomas W. Singell, city -engineer, 21 S. State St., Westerville, Ohio 43081, phone: 614-882-2317.

Do...—— Franklin_____ City of • Westerville(0001B).

396179 E-8, E-ll, E-12, E-14

a F Nov. 2,1973 Aug. 20,1976

.....4 » ........;

Pennsylvania... Warren______ Township of Broken- straw (01-11).

422115B E-ll, E-12, E-14

a F Deo. 20,1974 Oct. 1,1976

„„.¿I©-........ William F. Morgan, Solicitor, 309 Warren National Bank, Warren, Pa. 16365, phone: 814-723-4567.

Do......... . . Bedford............ ‘Township of South Woodbury ~ (0001A- 0003A).

421350 N-ll.N-12, • N-14

a F Mar. 5,1976 ......do_____ Jerome Boyd, superintendent, R.D. 1, New Enterprise, Pa. 16664, phone: 814-766-3274.

South Carolina.. Barnwell_____ Barnwell County (un-. incorporated areas) (0001A-0008A).

450204 N-10, N-ll, N-14, N-14

i F Dec. 20,1974 ___do_____ Ed Richardson, chairman, county oouncil, county courthouse, Barnwell, S.C. 29812, phone: 803-4269- 5340.

Tennessee...... Cumberland. —- Cumberland County (unincorporated areas) (0001A-0010A).

470037 N-5 a F Sept. 2,1977 __ .do.......... Lon Taber, county-judge, county courthouse, 'Crossville, Term. 38555, phone: 615-484-5424.

Do............. Madison......:.. City of Jackson (01-16).. 470113A E-8, E-ll* E-12, E-14

i F Nov. 1,1974 ___do_ —---_ Clemmer Garey, designer engineer, city hall, Jackson, Tenn. 38301, phone: 901-423-4550.

Do.— .. Jefferson_____ Jefferson County (unincorporated areas) (0001A-0008A).

470097 N-5 i F Sept. 2,1977 ...... do_____ Ted Willocks, county judge, county courthouse, Dandridge, Tenn. 37725, phone: 615-397-3800.

Wisconsin..__. Bayfield........... Bayfield County (unincorporated areas) (0001A-0027A).

550539 E-5 I and G F ...... do.......... Wallace Johnson, chairman, county board, Ashland, Wis, 54806, phone: 715-682-2488.

Arkansas Unincorporatedarea.

Marion -County (0001- 0009).

050450A N-5 I *F Sept. 6,1977 6 Sep 77 Hon. Billy James Rose, county judge, office of the county judge, county courthouse, Yellville, Ark. 72687, (501)-449-6231.

California ____do_________ Colusa County (01-31, 33-38, 40-46, 47-60, 62- 67).

060022A E-ll, E-12, E-14

I F Oct. 25,1974 ___ do——— H.L. Peterson, chairman, board of county supervisors, county courthouse, Colusa, Calif. 95932, 916- 458-4516.

Do. ___ do... ........ ... Contra Costa Gounty (01-31, 34-41, 43-59).

060025A E-ll, E-12, E-14

C F Nov. 1,1974 „„.do_____ Mr. Frank Ferdanez, assistant county administrator, office of the county administrator, 2d floor, Contra Costa Administration Bldg., Martinet, Calif. 94553, 415-372-4121.

Do. ___ do...... ......... Nevada County (04r-05, 09-10,12,14-15,10, 21- 39, 41-45, 48-53, 55-58, 61-63, 66-71).

060210A N-5, N-15 I F Sept. 6,1977 ...... do...... . Mr. John T. Trauner, auditor-controller, office of auditor-controller, courthouse annex, Nevada City, Calif., 916-265-2461.

DO. ___ do.........— Yuba County (05-06, 09-15, 18-21, 23-37, 40- 61).

060427A E-11,E-12,E-14 a F Sept. 6,1974 .„..do____ Mr. Chartes St. Maurice, county

engineer, 215 5th St., Marysville, Calif. 95901,916-742-6485.



Com- EffectiveState County Community name and munity Program and Inland or Hazard— Identification date of this Local map repository

number of panels No. and change code coastal F/M/E date(s) map action suffix

Colorado......... ...... do................ Douglas County (01-21, 24-27, 30-33, 37-40, 45- 47, 52-54).

080049A E-10, E-ll, E-12, E-14

I F Feb. 7,1975 .——do....... — Mr. Carl Winkler, chairman, board of county commissioners, county courthouse, Castle Rock, Colo 80104, 303-688-4831.

Do............ Teller County (0001- 0008).

080173A E-5 I F Sept. 6,1977 . .—.do____ Mr. Chuck Bradley, chairman, board of county commissioners, county courthouse, Cripple Creek, Colo 80813. 303-689-2404.

Idaho.............. . Minidoka County (06- 07, 09-10, 13-14, 29-30, 33-34, 38-40, 43-45, 48- 58).

160201A E-5 I F _.................___ do.— - - Mr. Lyle Barton, chairman, board of county commissioners, county courthouse, Rupert, Idaho 83350 208-536-9331.

Iowa............... ...... do............... Butler County (0001- 0005).

190850A N-5 I F .--.-do-—...... ...... do.......... Mr. Ted Stubbe, chairman, board of county supervisors, county courthouse, Allison, Iowa 50602, 319- 267-2487.

Do............ Hancock County (0001- 0006).

190873A N-5 I F ...... do_......... do....... Mr. Roy Hove, chairman, board of county conimissioners, county courthouse, Gamer, Iowa 50438 515-923-3163.

D o.....—- Winnebago'....... . City of Leland (0001)... 190529A E-8, E-ll, E-12, E-14

I F Apr. 16,1976 ——d o . . — Hon. Jean M. Orthel, mayor, Leland Iowa 50453, 515-567-3358. ’

Do............ Unincorporatedarea.

Louisa County (0i-17, 20-22, 25-28, 30-33).

190Î93A E-10, E-ll, E-12, E-14

I F ;. Dec. 27,1974 . . .—do————Mr. Alfred Coon, chairman, board of county supervisors, county courthouse, Wapello.' Iowa. 319-523-3371

Kansas............ Johnson County (0001- 0006):

200159A N-5 I F Sept. 6,1977 .4. ..do—----- Mr. John J. Frahke, Jr., chairman, . board of county commissioners’

county courthouse, Olathe, Kans’ 66061, 913-782-5000.

Louisiana........ . Bossier Parish (01-66)... 220031A E-5 I F __ do.:.—... ........do.......... Mr. Rubin E. White, president, office of the police jury, parish courthouse, Benton, La. 71006, 318- 965-2329.

Do............ Natchitoches__ City of Natchitoches (0001-0002).

220131B E-8, E-ll, E- 12, E-14

I F July 19,1974 July 23,1976

...... do.—__ Mr. Ruffin W. Gray, director, city hall, community development department, Natchitockes, La. 71457 318-352-3661.

Maine.............. Hancock........... Town of Surry (01-12, 14-16,18-22).

230296A N-5 I F Sept. 6,1977 —..do.—...... Mr. Wayne McGraw, selectman, town hall, Surry, Maine 04684. 207-667-5285.

Massachusetts.. Berkshire.......... City of North Adams (0001).

250034A E-10, E-ll, E-12 ,E-14

I F Mar. 8,1974 ...... do........... Mr. D. Albert Breda, chairman of council, city hall, North Adams. Mass. 01247, 413-663-6370.

Missouri....... . Webster............ City of Marshfield (01— 02).

290685A E-12, E-14 I F Feb. 7,1975 ...... do..____ Mr. Michael Cunningham, city administrator, Webster County Courthouse, Marshfield, Mo. 65708 417-468-2310.

New Hampshire.

Rockingham__ Town of Kensington (0001).

330216A N-5, N-15 I F Sept. 6,1977 ___ do_____ Mr. Charles R. Eastman, chairman of Selectman, town hall, Kensington, N.H. 03848, 603-394-7875.

New Mexico.. . Unincorporatedarea.

Bernalillo County (02, 04-11, 14-22, 26-28, 30- 42, 45-52, 66-60, 62-63, 72-73).

350001A E-ll, E-12, E-14

I F Dec. 20,1974 ___ do— — Mr. Terence L. Nighbert, assistant county manager, office of the assistant county manager, 620 Lomas Blvd. NW., Albuquerque, N. Mex. 87102, 505-766-4000.

Oklahoma....... Custer.--------- City of Clinton (01-02, 04-06,08).

400054B E-12, E-14 I F Jan. 23,1974 Jan. 30,1976

-----do._____ Mr. James Luckett, city manager, P.O. Box 1167, Clinton, Okla. 73601, 405-323-0217.

Oregon...... . Unincorporatedarea.

Coos County (0001-0011, 0013-0015, 0017-0020).

410042A E-10, E-ll, E-12, E-14

I F Nov. 1,1974 ___do__ — Mr. G. W. Robinson, chairman, board of county commissioners, county courthouse, Coquille, Oreg. 97423, 603-396-3121.

Do............ _____do....... ...... Deschutes County (0001-0008, 0010-0016).

410065A E-10, E-ll, E-12, E-14

I F Jan. 17,1975 ___ do........— Mr. Donald Grubb, chairman, board of county commissioners, county courthouse, Bend, Oreg. 97701, 603-382-4000.

Texas.............. Harrison County (0001- 0014).

480847A N-5 I F Sep. 6,1977 ...... do.......... Hon. Don Stokes, county judge, office of the county judge, county courthouse, Marshall, Tex. 75670, 214-935-7872.

Do............ Collin............... City of Parker (01-04)... 480139A N-ll, N-12 I F Oct. 1,1976 . ——do......... Hon. Richard Lantrip, mayor, city of Parker, Rt. 1, P.O. Box 36, Allen, Tex. 75002, 214-783-3570.

Vermont.......... Orleans............. Town of Newport (01- 09,12-13,17).

500256B M-18, M-12 I F Nov. 1,1974 Déc. 17,1976

. ——do____ _ Mr. Réal Lanoue, planning commission, Newport Center, Vt., 05857,802-334-2426.

Do............ Windsor............ Town of Norwich (02- 03, 06-15).

500295A E-10, E-ll, E-12, E-14

I F Oct. 18,1974 ...... do.......... Alice Flannery, town clerk, town hall, Norwich, Vt. 05055, 802-649-1419.

Do............ Windham_____ Town of Windham (0001- 0002).

500290A N-6 I F Sep. 6,1977 ...... do........... Mr. Don Warner, zoning officer for the town of Windham, West Townshend, Vt. 05359, 802-874- 5561.

Kentucky....... Madison....... . Madison County (unincorporated areas) (0001A-0006A).

210342 N-5 I F Aug. 26,1977 Aug. 26,1977 Robert Turley, county judge; county courthouse, Richmond, Ky. 40475, Phone: 606-623-2849.

Minnesota..... Nicollet............ Nicollet County (incorporated areas) (0001A- 0007A).

270625 E-5 I F .. . . .d o ... . . . . . . . . .d o ... . . . . Chairman, board of commissioners, county courthouse, St. Peter, Minn. 56002, phone: 507-931-1800.

Do........ . Roseau....... — Roseau County (uncor- porated areas) (0001A- 0019A).

270633 E-ll, E-12, E-14.

I F Nov. 28,1976 __ .do.:...:. Wayne Juhl, chairman, county commissioners, county courthouse, Roseau, Minn. 56751, phone: 218- 463-2541.

Mississippi....... Tippah........... . Tippah County (unincorporated areas) (0001A-0005A).

280282 N-5 I F Aug. 26,1977 ...... do......... P.O. 507, Hazlehurst, Miss. 39083, phone: 601-894-3021.

C. Childs, president, board of supervisors, Ripley, Miss. 30663, phone: 601-837-4476.



Com- EffectiveState County Community name and manity Program and Inland hr Hazard— Identification date of thisnumber of panels ' No. and

suffix: change coda coastal F/M/E date(s) 1- map action

Ohio__ _ Preble,.,,.... .. Preble -County (un- 390460 N-5 I F ____«.„.do—*__incorporated areas) (0001A-0006A).

South Carolina. Aiken:.__ ... .. Aiken County (un-**■ 450002 E-10, E-ll, I F Jan. 3,1975 .___do__ _incorporated areas) (0001A-0016A) E-12, E-14

Tennessee____ Blount_____ .. Blount County (un- 470356 N-5 I F Aug. 26,1977 .___do_____5 incorporated areas) (0001A-0009A).

Do..,—— Humphreys,.. _. Humphreys County 470229 N-5 I F ___ do............___do....__(unincorporated areas) (0001A-0009A).

Texas___ . Unincorporated Lavaca County (0001- 481178A N-5. I F Aug. 23,1977 Aug. 23, Í977area. 0013).

Florida............ Gadsden..__ .. Gadsden County (un- 120091 E-5 I F Sept. 16,1977 Sept. 16,1977 .incorporated areas) (0001A-0013A).

Indiana-----.. . Hamilton___ .. City of Noblesville 180082 E-8, E-ll, I F May 24,1974 ___do______(0001B-0002B). E-12, E-14

Maryland,....... Wicomico___ .. Wicomico County (un- 240078 E-9, E-12, I F Aug. 19,1977 .___do_____

Carlton.. . . . .incorporated areas) (0001B-0007B).

E-14Minnesota------ _. Carlton County (un- 270039 E-10, E-ll, I F Aug. 16,1974 .___do...........incorporated areas)

(0001A-0009A).E-Í2, E-Í4

Do— .— Koochiching..:.. Koochiching County 270233 E-5 I F Sept. 16,1977 .---- do.........(unincorporated areas) (0001A-0033A). .

Do—....... Sherburne......... Sherburne County (un- 270435 E-10, E-ll, I F Nov. 29,1974 . ..do............. <incorporated areas) (0001A-0011A).

E-12, E-14

Do............ St Louis........ .. City of Virginia (0C01B). 270426 E-ll, E-12, I F May 19,1974 .—do.............Mississippi..... E-14 July 9,1976Clay......... .. Clay County (unincor- 280036 N-5 I F Sept. 16,1977 . ..do............. ;

George.::.:....porated areas) (0001A-0006A)

Do............ .. George County (un- 280223 E-5 I F —do............... ..do.......... 1incorporated areas) (0001A-0012 A).

Do..— Lawrence___ .. Lawrence County (un- 280272 N-5 I F ...do.............. _.do..........

Do— Newton......... .incorporated areas) (0001A 0008A).

.. Newton County (un- 280231A N-5 I F ...... do........... __ do....... . ]

Do—........ Prentiss_____incorporated areas) (01-35).

.. Prentiss County (un- 280279 N-S I F ...... do........... __ do_____:incorporated areas) (0001A-0006A).

South Carolina. Berkeley........... Berkeley -County (un- 450029 N-5 I F ...... do............ __ do__,.. . 1incorporated areas) (0001A-0017A).

Tennessee........ Lauderdale__ .. Lauderdale County 470333 E-5 I F ...... do .*_!....... __ do.......... ;

Do............(unincorporated areas) (0001A-0008A).

Unicoi____... .. Unicoi County (unin- 470238 N-5 I F ...... do............ ....do..........:corporated areas) (0001A-0005A).

Virginia.......... Russell___ ... .. Russell County (un- 510317 E-5 I F ...... do............ .—do..........:incorporated areas) (0001A-0007A). -

N otes.—F in a l lis t codes

Local map repository

Edwins Brubaker, chairman, county commissioners, county courthouse, Eaton, Ohio 45320, phone: 513- 450-3746. .

Garroll Warner, cochairman, county council, Aiken, S.C. 29801, phone: 803-649-9832.

Clyde McMahan, county courthouse, Maryville, Tenn. 37801, phone: 615-982-1302.house, Waverly, Tenn. phone: 615-296-7785.

37185,

judge, office of the county judge, county courthouse, HallettsviUe, Tex. 77964, 512-798-2301.

Jim Henry Slappey, chairman, county commissioners, county courthouse, Quincy, Fla. 32351, phone: 904-627-7514.

Bette Dunoff, city Clerk, 50 South 8th St., Noblesville,- Ind. 46060, phone: 317-773-4161.

Matthew Creamer, county administrator, Box 870, Salisbury, Md., phone: 301-749-5127.

Wayne Purcell, chairman, county commissioners, county courthouse, Carlton, Minn. 55718, phone: 218-384-4015.

Ray Warner, chairman, county commissioners, county courthouse, International Falls, Minn., phone: 218-283-2311.

Chairman, county board of .commissioners, county courthouse, Elk- river, Minn. 55330, phone: 612- 441-1441.

R. C. Klemetsmo, city hall, Virginia, Minn. 55792; phone: 218-741-3890.

John Poss, president, board of supervisors, Box 815, West Point, Miss. 39773, phone: 601-494-3384.

Mr. Billy Reeves, president, board of supervisors, county courthouse, Lucedale, Miss. 39452, phone: 601- 947-3619.

Roy May, president, board of supervisors, P.O. Box 40, Monticello, Miss. 39654, phone: 601-587-7162.

Harmon Jones, president, board of supervisors, Route 1, Decatur, Miss. 39327, phone: 601-635-2158.

Jessie Burcham, president, board of supervisors, county courthouse, Booneville, Miss. 38839, phone: 601-728-9815.

S. M. Peagler, chairman, county commission, P.O. Box 817, Moncks Comer, S.C. 29461, phone: 803- 899-3132.

Jerry Corew, county judge, county" courthouse, Ripley, Tenn. 38063, phone: 901-635-3500.

Howard Garland, county judge, county courthouse, P.O. Box 169, Erwin, Tenn. 37650, phone: 615- 743-9391..

Dennis Long, county administrator, P.O. Box 1208, Lebannon, Va. 24266, phone: 703-889-2372.

9. Revision—drafting corrections; printing errors.10. Revision—curvilinear.11. Revision—add flood hazard area.12. Revision—reduce flood hazard area.13. Revision—F ederal R egister omission.14. Revision—refunds possible.15. Attention! A previous map (or maps) has been rescinded or withdrawn for this

community. This may have affected the sequence of suffixes.

1. Conversion to regular program with FIRM (elevations determined).2. Conversion to regular program with FIRM (no elevations determined).3. Conversion to regular program with no special flood hazard areas—no FIRM.4. Conversion to regular program with no special flood hazard areas—no FIRM;

rescission of FHBM effective on same date as conversion.5. Initial FHBM. '6. Revision—change of elevation; revised FIRM.7. Revision—change of zone designation; reyised FIRM.8. Revjsion—corporate limit changes.R—Regular program.E—Emergency program.N—Not in program.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968); effective Jan. 28, 1969 (33 FR 17804, Nov. 28, 1968), as amended, (42 U.S.C. 4001-4128) ; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27,1969) as amended (39 FR 2787, Jan. 24,1974).)

Issued: September 8,1977.Patricia R oberts H arris,


FEDERAL REGISTER, VOL. 42, NO. 202— WEDNESDAY, OCTOBER 19, 197>


[ 4 2 1 0 - 0 1 ]DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT Federal Insurance Administration

[2 4 CFR Part 1917][Docket No. FI-35111

NATIONAL FLOOD INSURANCE PROGRAMProposed Flood Elevation Determinations

for City of Sioux Falls, Minnehaha County, S. Dak.

AGENCY: Federal Insurance Administration, HUD.ACTION: Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed base (100-year) flood elevations listed below for selected locations in the City of Sioux Falls, Minnehaha County, S. Dak. These base (100-year) flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).DATE: The period for comment will be ninety (90) days following the secoifd publication of this proposed rule in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base (100-year) flood elevations are available for review at the Commissioner’s Chambers, City Hall, 224 West 9th Street, Sioux Falls, S. Dak.

Send comments to Honorable Rick W. Knobe, Mayor of Sioux Falls, City Hall, 224 West 9th Street, Sioux Falls, S. Dak. 57102.FOR FURTHER INFORMATION CONTACT:

Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, 202- 755-5581 or toll free line 800-424-8872, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the City of Sioux Falls, Minnehaha County, S. Dak., in accordance with section 110 of the Flood Disaster Protection Act of 1973 (Pub L. 93-234), 87 Stat. 980, which added section 1363 to the National Flood Insurance Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448) ), 42 U.S.C. 4001-4128, and 24 CFR 1917.4(a).

These elevations together with the flood plain management measures required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their flood plain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established

by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on existing buildings and their contents.

The proposed base (100-year) flood elevations for selected locations are:

Elevationin feet,

Source of flooding Location national. geodetie

vertical datum

Big Sioux River__ U.S. Route 16... ....... 1,293Cherry Rock Rd___ 1,399Western Ave____ :__ 1,410Madison St________ 1,419

Big Sioux River U.S. Route 77--____ 1,421Diversion Chan- Minnesota Ave_____ 1,430nel.Skunk Creek____ Interstate 29_.............. 1,420

State Route 16............. 1,432

(National Flood Insurance Act of 1968 (Title. XIII of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28,-1968),'as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680; February 27, 1969, as amended (39 FR 2787, January 24, 1974).)



[ 4 2 1 0 - 0 1 ][ 24 CFR Part 1917 ][Docket No. FI-3510]

NATIONAL FLOOD INSURANCE PROGRAMProposed Flood Elevation Determinations for City of S. Albans, Franklin County, Vt.AGENCY: Federal Insurance Administration, HUD.ACTION: Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed base flood elevations (100-year flood) listed below for selected locations in the City of St. Albans, Franklin County, Vt. These base flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already m effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).DATE: The period for comment will be ninety days following the second publication of this notice in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base flood elevations are available for review at the City Manager’s Office, City Hall, 100 North Main, St. Albans, Vt. 05478.

Any person having knowledge, information, or wishing to make a comment on these proposed elevations should immediately notify Mr. Joseph M. Andre-

sini, City Manager, City of St. Albans, City Hall, 100'North Main, St. Albans, Vt. 05478.FOR FURTHER INFORMATION CONTACT:


SUPPLEMENTARY INFORMATION: The? Federal Insurance Administrator gives notice of the proposed determinations of base flood elevations (100-year flood) for the City of St. Albans, in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XIH of the Housing and Urban Development Act of 1968, Pub. L. 90-448), 42 U.S.C. 4001-4128, and 24 CFR Part 1917.

These elevations together with the flood plain management measures required by § 1910.3 of the program regulations are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their flood plain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on existing buildings and contents.

The proposed 100-year flood elevations for selected locations are:


Stevens Brook. _ . 40 ft downstream of ; ; . 1 481Barlow St.

40 ft upstream of 489Barrow St.

(Natlonal Flood Insurance Act of 1968 (Title XIII of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary's delegation of authority to-Federal Insurance Administrator, 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24, 1974).)

Issued: September 8,1977.Patricia R oberts Harris,

Secretary.[FRDoc.77-30145 Filed 10-18-77;8:45 am]



for City of Clifton Forge, Va.AGENCY: Federal Insurance Administration, HUD.



ACTION : Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed base flood elevations (100-year flood) listed below for selected locations in the City of Clifton Forge, Va. These base fleod elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).DATE: The period for comment will be ninety days following the second publication of this notice in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base flood elevations are available for review on the Bulletin Board in the City Hall, Main Street, Clifton Forge, Va.

Any person having knowledge, information, or wishing to make a comment on these proposed elevations should immediately notify Mr. Stephen Carter, Acting City Manager of Clifton Forge, P.O. Box 631, Clifton Forge, Va. 24422.FOR FURTHER INFORMATION CONTACT:

Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance,202-755-5581 or toll free line 800-424-8872, Room 5270, 451 Seventh StreetSW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base flood elevations (100-year flood) for the City of Clifton Forge, Va., in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 Pub. L. 90-448), 42 U.S.C. 4001- 4128, and 24 CFR Part 1917.

These elevations together with the flood plain management measures required by § 1910.3 of the program regulations are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are most stringent in their flood plain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance preiriium rates for new buildings and their contents and for the second layer of insurance on existing buildings and contents.


Source of.flooding LocationElevation in feet',

national geodetic vertical datum

Jackson River........ Downstream side, U.S. Highway 220.

1,049Downstream side,

Chessie System RR.

1,057

Interstate 64_______ 1,070Smith Creek......... Confluence with Dry

Creek.1,056

Main St.................... 1,078Upstream side,

Lowell St.1,110

Eastbound Lane 1-64. 1,148Downstream side,

Commercial Ave.1,161

(National Flood Insurance Act of 1968 (Title XIII of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24, 1974).)


Secretary.[FR Doc.77-30146 Filed 10-18-77:8:45 am]



for Town of Narrows, Giles County, Va.AGENCY: Federal Insurance Administration, HUD.ACTION : Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed base (100-year) flood elevations listed below for selected locations in the Town of Narrows, Giles County, Va. These base (100-year) flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).DATE: The period for comment will be ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base (100-year) flood elevations are available for review at the bulletin board in the lobby of the Narrows Municipal Building, 131 Center Street, Narrows, Va.

Send comments to Honorable Harry C. Ragsdale, Mayor of Narrows, Drawer S, Narrows, Va. 24124.



SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the Town of Narrows, Giles County, Va., in accordance with section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added section 1363 to the National Flood Insurance Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448)), 42 U.S.C. 4001- 4128, and 24 CFR 1917.4(a).

These elevations together with the .flood plain management measures required by § 1910.3 of the program regulations are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their flood plain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on existing buildings and their contents.


Source of flooding LocationElevation

in feet above

mean sea level

Mill Creek............. Monroe St____ ____Center St..................Memorial Blvd.........Wolf St.....................View St...... .............College St................-.

1,5521,5591,5931,6091,6231,642New River...... ..... Corporate limit,

4,000 ft downstream of U.S. 61.

1,548

State Route 61...........Corporate limits,

5,300 ft upstream of U.S. 61.

1,5521,557

Wolf Creek............ State Route 649.........Diversion Dam.........State Route 61...........Upstream corporate

limit.

1.5521.5521.552 1,559

(National Flood Insurance Act of 1968 (Title x m of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Februray 27, 1969, as amended (39 FR 2787, January 24, 1974).)

Issued: September 8, 1977.Patricia R oberts Harris,

Secretary.[FR Doc.77-30147 Filed 10-18-77:8:45 am]



[ 4 2 1 0 - 0 1 J[ 24 CFR Part 1917]¿Docket No. FI-3507 J


for County of Nelson, VirginiaAGENCY: Federal Insurance Administration, HUD.ACTION: Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed based flood elevations (100-year flood) listed below for selected locations in the County of Nelson, Va. These base flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood In surance Program (NFIP).DATE: The period for comment will be ninety days following the second publication of this notice in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base flood elevations are available for review at the County Courthouse, Lovingston, Va. 22949.

Any person having knowledge, information, or wishing to make a comment on these proposed elevations should immediately notify Mr. Joseph N. Morgan, County Administrator, P.O. Box 336, Lovingston, Va. 22949.FOR FURTHER INFORMATION CONTACT:

Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance,202-755-5581 or toll free line 800-424-8872, Room 5270, 451 Seventh StreetSW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base flood elevations (100-year flood) for the County of Nelson, Va., in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act Of 1968 Pub. L. 90-448), 42 U.S.C. 4001-4128, and 24 CFR Part 1917.

These elevations together with the flood plain management measures required by § 1910.3 of the program regulations are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their flood plain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and thin contents and for the second layer of insurance on existing buildings and contents.



Tye River near At State Route 739,... 519State Route 739, At Southern Railway 526

(viaduct).At Old Viaduct Dam. 531

Tye River near At confluence with 649Massie’s Mill. Hat Creek.

At State Route 151.... 663At private road_____ 668At State Route 56___ 684At State Route 680.... 712At State Route 56___ 724

Janies River_____ . At confluence with 321Roekfish River.

At State Route 56___ 362At confluence with 375

Tye River.At U.S. Route,60 and

Bent Creek.408

Piney River_____ At Virginia Blue Ridge RR.

602At confluence with

Maple Run.611

At State Route 151__ 644At Mine Quarry Rd... 692At confluence with

Indian Creek.700

At State Route 778__ 739At confluence with

Little Piney River.772

At State Route 698__ 785At State Route 767__ 8291 mile upstream of

State Route 767 (limits of study).

896

Tye River near At confluence with 375Norwood. James River. 378At Chessie System----

At State Route 626--- 380Approximately 2,000 383

ft upstream of State Route 626.

(National Flood Insurance Act of 1968 (Title y t tt of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680i February 27, 1969, as amended (39 FR 2787, January 24, 1974).)


Secretary.(FR Doc.77-30148 Filed 10-18-77;8:45 am]

[ 4 2 1 0 -0 1 1124 CFR Part 1917 ][Docket No. FI-3506]


Shenandoah County, Va.AGENCY: Federal insurance Administration, HUD.ACTION: Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed base flood elevations (100-year flood) listed below for selected locations in Shenandoah County, Va. These base

, flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATE: The period for comment will be ninety days following the second pub

lication of this notice in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information. showing the detailed outlines of the flood-prone areas and the proposed base flood elevations are available for review on tiie porch of Shenandoah County Courthouse, 112 South Main Street, Woodstock, Va.

Any person having knowledge, information, or wishing to make a comment on these proposed elevations should immediately notify Mr. John Cutlip, County Administrator of Shenandoah, 112 South Main Street, Woodstock, Va. 22664.FOR FURTHER INFORMATION CONTACT:

Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, 202-755-5581 or toll free line 800- 424-8872, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base flood elevations (100-year flood) for Shenandoah County, Va., in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XHI of the Housing and Urban Development Act of 1968 Pub. L. 90-448), 42 U.S.C. 4001-4128, and 24 CFR Part 1917.


The proposed 109 -year flood elevations for selected locations are :

Source of flooding LocationElevation in feet, national geodetic vertical

„ datum

North fork, Shen- Downstream limit of , 537andoah River. study. | | k| | 541Upstream State

Route 648.Upstream limit of ' A If. Ml

study. | 773Stony Creek-------- Downstream limit of study.Upstream State Route 760.

784Northbound Inter-

State 81.819

Upstream State Route 710.

849State Route 691......... 857Upstream limit of

study.867

FEDERAL REGISTER, VOL. 42, NO. 202—WEDNESDAY, OCTOBER 1», 1977

PROPOSED RULES 55877(National Flood Insurance Act of .1968 (Title yttt of Housing and Urban Development Act of 1968), effective January 28, 1969 <33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24, 1974).)

Issued: September 8,1977.Patricia R oberts Harris,

Secretary.(FR Doc.77-30149 Filed 10-18-77;8:45 am]

[4 2 1 0 -0 1 ][ 24 CFR Part 1917][Docket No. FI-3505J

natio n al flo o d in s u r a n c e prog ram

Proposed Flood Elevation Determinations for Town of New Haven, Mason County, W.Va.

AGENCY: Federal Insurance Administration, HUD.ACTION: Proposed rule.SUMMARY; Technical information or comments are solicited on the proposed base (100-year) flood elevations listed below for selected locations In the Town of New Haven, W.-Va. These base (100- year) flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).DATES: The period for comment will be ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in the above-named community.ADDRESSES: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base (100-year) flood elevations are available for review at Municipal Building, 301 5th Street, New Haven, W. Va.

Send comments to Mayor Charles Roush, Municipal Building, 301 5th Street, P.O. Box 217, New Haven, W. Va. 25265.FOR FURTHER INFORMATION CONTACT:


SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flqod elevations for the Town of New Haven, W . Va., in accordance with section 110 of the Flood

Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added section 1363 to the National Flood Insurance Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448) ), 42 U.S.C. 4001-4128, and 24 CFR 1917.4(a).

These elevations, together with the flood plain management measures required by § 1910.3 of the program regulations, are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in the flood plain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on existing buildings and their contents.


Source of flooding LocationElevation in feet, national geodeti® vertical datum

Ohio River__ __ Upstream corporate limit.

581Downstream cor

porate limit.580

Broad Run............ U.S. Highway 33__ 581Baltimore and Ohio

RR.581

Layne Rd............... 581

(National Flood Insurance Act of 1968 (Title •xttt of Housing and Urban Development Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128) ; and Secretary's delegation of authority to Federal Insurance Administrator, 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24, 1974).)

Issued: September 8, 1977.P atricia Rqberts H arris,

Secretary.[FR Doc.77-30150 Filed 10-18-77;8:45 ami

[ 4 2 1 0 - 0 1 ][2 4 CFR Part 1917][Docket No. FI-3504]


for Dane County, Wis,AGENCY: Federal Insurance Administration, HUD.ACTION: Proposed rule.SUMMARY: Technical information or comments are solicited on the proposed:

base flood elevations (100-year flood) listed below for selected locations in Dane County, Wis. These base flood elevations are the basis for the flood plain management measures that the community is required to either adopt or show evidence of being already hi effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).DATES : The period for comment will be ninety days following the second publication of this notice in a newspaper of local circulation in the above-named community.ADDRESSES : Maps and other information showing the detailed outlines of the flood-prone areas and the proposed base flood elevations are available for review a t City-County Building, Madison, Wis.

Any person having knowledge, information, or wishing to make a comment on these proposed elevations should immediately notify Ms. Mary Louise Symon, County Board Chairman, Dane County. City-County Building, Madison, Wis. 53709.FOR FURTHER INFORMATION CONTACT:

Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, 202-755-5581 or toll free line 800-424-8872, Room 5270, 451 Seventh Street,Washington, D.C. 20410.

SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base flood elevations (100-year flood) for Dane County in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XIH of the Housing and Urban Development Act of 1968, Pub. L. 90-448), 42 U.S.C. 4001-4128, and 24 CFR Part 1917.





Elevation in feet,


East branch, Starkweather Creek.

9 Springs Creek__

Pheasant Branch...

Spring Creek......

6-Mile Creek.

Token Creek.

Yahara River.

Chicago, Milwaukee, St. Paul, and Pacific RR.

Milwaukee St. culvert.Syene Rd.___ _____County Trunk High

way MM.County Trunk High

way K.Schneider Rd...........Airport Rd________Fisher Rd..................Pheasant Branch .Rd._ Meffert Rd, upstream , crossing..County Trunk High

way K .County Trunk High-,

way M.North Shore Bay Rd.. Pheasant Branch Rd.. State Highway 113...,.Division S t ...: ........MiiiRd.^-;::.--:—.- Woodland Dr...........County Trunk High

way M.Egre Rd................. .County Trunk High

way C.Portage Rd_______Park Rd................ .Chicago, Milwaukee,

St. Paul, and Pacific RR.

U.S. Highway 51____River Rd., upstream

crossing.Windsor Rd.............Interstate Highway

90-94.Westport Rd.............U.S, Highways 12 and

852

851854851951932923935914902863854852 921 916 897 883 860 852913892870863854

936916872868

852848

AO.County Trunk High- 843way B.

County Trunk High- 815way N.

Wisconsin River.... U.S. Highway 12----- 746East branch, Bad- County Trunk High- 983

ger Mill Creek. way PD.Badger Mill Creek.. Nesbit Rd----- . . . . . . . 962

County Trunk!High-. 952way PB.

State Highway 69----s. 927

Elevation in feet,


Sugar River...........Riverside Rd------- . . . 920County Trunk High- 899way MM.

State Trunk High- 878way A.

Fahey Rd............... 856Eoshkonong Creek. Chicago and North- 866

western RR.U.S. Highway 18........ 831County Trunk High- 823

way B.Hoopen Rd...... ........ 808AArback Rd_______ 800

Maunesha River__County Trunk High- 856way TT.

State Highway 19-.--. 844Spillway Crest.....--- 830

Black Earth Creek. Chicago, Milwaukee, 913St. Paul, and Pacific RR.

Stagecoach Rd........... , 897Church St.. . . . . . . . . . 1 ~ 873

• MarketSt__ _____________ 862U.S. Highway 14 856

(downstream crossing). '

Scherbel Rd.............. 842South Valley Rd....... 830Chicago, Milwaukee, 806


Olson R d................ 798Hudson Rd. (U.S. 776

crossing).Chicago, Milwaukee, 753


(National Flood Insurance Act of 1968 (Title tcttt Of Housing and Urban Development Act of 1968), effective January 28, 1969 ( 33 Fit 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24, 1974),)

Issued: September 8,1977.Patricia Roberts Harris,



Ägf t e s i í i I í® fJi ä!Ö%® í»g

v í t '«3« :%S

D epartm en t B illin g CodeLegal Services Corporation___ _________________________ 6820-35Libraries and Information Science, National Commission_ 7527-01Library of Congress/Copyright Office____________________ 1410-03Management and Budget Office___ ______________________ 3110-01Marine Mammal Commission.:_________________________ 6820 -31National Aeronautics and Space Administration__________ 7510-01National Capital Planning Commission_________________ 7520-01National Center for Productivity and Quality of Working

Life -------------- 3151-01National Credit Union Administration______________ 7535-01National Endowment for the Humanities_______________ 7536-01National Institute of Education____ :__________________ 4110-39National Labor Relations Board_______________________ 7545-01National Mediation Board_____ ____________________1__ 7550-01National Science Foundation__________________________ 7555-01National Transportation Policy Safety Commission_____ 6820-36Navy Department :

DCPA U 8______ 3810-01Navy: Judge Advocate General_____________________ 3810-71

Nuclear Regulatory Commission______________________ 7590-01Occupational Safety and Health Review Commission____ 7600-01Overseas Private Investment Corporation________________ 3210-01Panama Canal Company--------------------------------------------- 3640-01Pennsylvania Avenue Development Corporation_________ 7630-01Pension Benefit Guaranty Corporation______ .___________ 7708-01Postal Rate Commission_______ 7715-01Postal Service..------------------------------------------------------------7710-12Railroad Retirement Board___ ____________________ 7905-01Railway Association, U.S___ ______ _______ I________ __ 8240-01Renegotiation Board______ 7910-01Science and Technology Policy, Office of_________________ 7555-02Securities and Exchange Commission.^_________________ 8010-01Selective Service System________________________________8015-01Small Business Administration_________________________ 8025-01

D ep a r tm en t B illin g CodeSmithsonian Institution____________________..1______ __ 8030-01State Department_____________ :___________________ 1__ 4710-01Susquehanna River Basin Commission_____________;_____ 7040-01Technology Assessment, Office of_______ 1630-01Telecommunications Policy Office________ 3160-01Tennessee Valley Authority_____________________________8120-01Trade Negotiations, Special Representative for____________ 3190-01Transportation Department:

Office of Secretary__________________________________4910-62Federal Railroad Administration___________'________4910-06Federal Aviation Administration___________ 4910-13Coast Guard_____ '1_____________________ __________ 4910-14Federal Highway Administration________■___________ 4910-22Urban Mass Transportation Administration___________ 4910-57National Transportation Safety Board__ ____________ 4910-58National Highway Traffic Safety Administration_____ 4910-59Materials Transportation Board_________ _______•____ 4910-60St. Lawrence Seaway Development Corporation_____ 4910-61

Treasury Department:Customs Service__________________________ ’______ 4810-22Administrative Programs__________ t ___ ___________ 4810-25Revenue Sharing..______ 4810-28Alcohol, Tobacco and Firearms_____________________ 4810-31Federal Law Enforcement Training Center___________ 4810-32Comptroller of the Currency_____. . . ____________ __ 4810-33Engraving and Printing_____________________________ 4810-34Government Finance Operations______ ____ ;_______ 4810-35Mint, Bureau__________________________________ 4810-37Public Debt_______________________________________ 4810-40Secret Service_____________________________________ 4810-42Internal Revenue Service____ _____ 4830-01

U.S. Information A gency___ .__________________________ 8230-01Veterans Administration___________ ;__ ________________ 8320-01Water Resources Council________________________________8410-01White House Office ____ -_______________________._______ 3195-01

(StandardIf your agency’s name does not appear above, GPO may not have received your printing and binding requisition Form 1). Your documents can not be printed in the FEDERAL REGISTER without a billing code.INFORMATION AND ASSISTANCE: Mr. William Rose, 202-275-2867.

NEW BILLING PROCEDURES FOR AGENCIESAs part of the new billing procedures announced in the F ederal R egister of August 24, 1977, and to insure that each

agency is correctly billed for only its own documents, the Office of the Federal Register requests agencies to insert the proper billing eode on all of their documents. The six-digit billing code should be typed or handwritten in ink at thé top of the first page on all three copies of documents submitted to the Office of the Federal Register for publication, as follows:-

BILLING CODE: 0000-00The list of agency billing codes assigned by the Government Printing Office follows:

D ep a r tm en t B illin g CodeAction ________________________________________ 6050-01Administrative Conference of the United States----------------- 6110—01Agency for International Development-----------------------------4710—02Agriculture Department :

Secretary ------------------------------------------------------------3410-01Agricultural Marketing Service--------------------------------- 3410-02Agricultural Research Service---------------------------------3410-03Agricultural Stabilization and Conservation Service— 3410-05Parmer Cooperative Service_________________________3410-06

* Farmer’s Home Administration--------------------------------- 3410-07Federal Crop Insurance Corporation-----------------------3410-08Extension Service------------ ----- .--------------------------------3410-09Forest Service______________________________________3410—11National Agricultural Library-----------------------------------3410-12Rural Electrification Administration----------------------- 3410-15Soil Conservation Service___________________________3410-16Economic Research Service--------------------------------------3410—18Statistical Reporting Service----- -----------------------------3410-20Cooperative State Research Service--------------------------- 3410—22Food and Nutrition Service------------------------------------ 3410-30Rural Development Service---------------- ■--------------------3410-32Animal and Plant Health Inspection Service----------- 3410-34Economic Management Support Center------------- 3410-35Food Safety and Quality Service--------------------------------3410-37National Agriculture Library------------------------------------ 3410-12W FA O _________________________ 8410-38Office of Management and Finance--------------------------3410-90Office of Automated Data Systems-------- :--------------- - - 3410-94Office of Personnel--------------- ■--------------------------------- 3410-96

- Office of Operations..------------— ----------•--------------------3410-98Office of General Sales Manager------------------------------ 3410-21Foreign Agricultural Service— -----------------------------3410-10

Air Force Department-----------------------:------------------------- 3910-01American Battle Monuments Commission-----------------------6120-01Arms Control and Disarmament Agency---------------------6820-32Army Adjutant General Center------------------------- — 3710-08

Defense Communications---------------------------------------3610-05Chief of Engineers/Civil Works.------- -—----------------- 3710-92

Blind and Other Severely Handicapped Committee----------- 6820-33Civil Aeronautics Board------------------ --------------------- ------- 6320-01Civil Rights Commission--------------------- ------------------------- 6335-01Civil Service Commission-------------------------------- ------------ 6325-01Commerce Department :

Maritime Administration-----------------------•-----------------3510-03National Technical Information Service----------------— 3510-04Bureau of Economic Analysis.------------ —-------- ------- 3510-06Census Bureau---------------------------------------------------- 3510-07U.S. Travel Service— ------------ --------------------------------- 3510-11National Oceanic and Atmospheric Administration— 3510-12Standards, National Bureau--------------------------------------3510-13Patents and Trademark Office--------------- — ----- ---------3510-16Office of Secretary----------------------------- — ---------------- 3510-17Office of Secretary---------------------------------------------- — 3510-18Office of Secretary— --------------- - ------------------------- 3510-19Economic Development Administration--------- - - - ----- 3510-24Domestic and International Business Administration— 3510-25 National Fire-Prevention and Control Administration. 3510-49Telecommunications Office--------------------------------------- 3510-60

Commodity Futures Trading Commission--------------------- 6351-01Community Services Administration------------- —■---------------6315-01Consumer Product Safety Commission—---------- 6355-01Cost Accounting Standards Board------------- 1620-01Defense Logistics Agency--------------—--------- ------------ ----- 3620-01Delaware River Basin Commission.--------------- — ------------ 6360-01Defense, Office of Secretary--------------- -------------.--7 ,-------- 3810-70Economic Advisers Council------------------------- 3120-01Energy Research and Development Administration.— — 6170-01Environmental Protection Agency--------------------------------- 6560-01Environmental Quality Council------------------------------------ 3125-01Equal Employment Opportunity Commission----------------- 6570-06Export-Import Bank of the United States---------------------- 6690-01Farm Credit Administration— r.------------------------------------- 6705-01Federal Communications Commission-----------------------------6712-01Federal Deposit Insurance Corporation--------------------------- 6714-01Federal Election Commission--------------------------*-------------6715-01

(Continued on

D e p a r tm e n t B illin g CodeFederal Energy Administration--------------------------------------- 3128-01Federal Home Loan Bank Board. ---------------------------------- 6720-01Federal Maritime Commission__ !_______________________ 6730-01Federal Mediation and Conciliation Service------------------ 6732-01Federal Power Commission_________ i----------------------------- 6740-02Federal Reserve System/Board of Governors----------------------6210-01Federal Trade Commission------------------------------------------- 6750-01Fine Arts Commission_________________________________ 6330-01Foreign Claims Settlement Commission---- ---------------------- 6770-01General Accounting Office_____________ 1610-01General Services Administration:

O A D ------------- 6820-34Administrative Management Division, Public Buildings

Service________ 6820-22Public Buildings Service------ ---------------------------------- 6820-23Federal Supply Service-------------------------------------—---- 6820-24Automated Data and Telecommunications Service----- 6820-25NAA ----------------- 6820-26N A R S---------------- 6820-27Office of Stockpile Disposal, Federal Preparedness

Agency____ _________________ _____ — ---------------- 6820-28Executive Director, Federal Preparedness Agency------- 6820-29Office of Personnel----- ------ 6820-30

Government Printing Office--------;---------------------------------- 1505-01Health, Education and Welfare Department:

Office of Education (EA)______________ ,___ ,____ ____4110-89Office of Education (EECS)__----------- :---------------------4110-02Food and Drug Administration._______________ 4110-03National Institutes of Health---------------------- 4110-08Health Resources Administration------------------------------ 4110-83Health Services Administration--------------------------------- 4110-84Office of Assistant Secretary for Health-----------------------4110-85Center for Disease Control.---------------------------------------- 4110-86Center for Disease Control/National Institute for Oc

cupational Safety and Health_____________________ 4110-87Alcohol, Drug Abuse and Mental Health Administration 4110-88Social Security Administration--------------- -------------- .. 4110-07Health Care Financing Administration-------------- -— 4110-35Secretary ____ ___—--------------------------------------------- 4110-12

Housing and Urban Development Department------------------ 4210-01Indian Claims Commission--------— ----- ------------------------- 7030-01Inter-American Foundation---------------------------------------- 7025-01Intergovernmental Relations, Advisory Commlssioxi--------6115-01Interior Department:

Office of Secretary---------------------------------------------- — 4310-10Indian Affairs Bureau------ -------------- :--------------- ------4310-02Outdoor Recreation Bureau------ ------------------------------ 4310-03Surface Mining, Office of------—------------------------------ 4310-05Reclamation Bureau----- --------------------------------------- 4310-09Bonneville Power Administration------ ----------------------- 4310-11Solicitor ______________,_____________ _________ —— 4310-17Geological Survey---------------------------------------------------4310-31Mines Bureau------ --------------------——--------------------4310-53Fish and Wildlife Service---------------------- ----- -------- 4310-55National Park Service-------- ;------ --------------- ------------4310-70Land Management B ureau..------------------------------- — 4310-84Water Research and Technology Office---------------------- 4310-49Mine Enforcement and Safety Administration-------- 4310-68Alaska Power Administration--------------‘------------------ 4310-37Southwestern Power Administration-----------------— -- 4310-47Southeastern Power Administration------------------------ 4310-76

International Broadcasting, Board for------ —------------ ----- 6155~^International Trade Commission--------------------- -------------- 7020-02Interstate Commerce .Commission--------- ------------------- —— 7035-01Justice Department---------------------------------- - — ------------- 4410-01Labor Department:

Employment and Training Administration— . — -----4510Secretary (Administrative Law Judges)----------------------4510-20Secretary (Audit and Investment)----------------------------- 45i0-21Secretary (Office of Information)-----------------------------4510-22Secretary___ — ------------------------- ------------- t—■— “■*- 4 J2~o,,Labor Statistics--------------------------------------------- -— - 4 „ osOSHA (Standards)... ------------ ----------- —— -------- 4510-26Employment Standards Administration--- ---— -------- 4510-27International Labor Affairs Bureau------------------- 4510-28Labor-Management Services Administration.:-------------4510-29

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