THURSDAY, AUGUST 17, 1978
HOW TO USE THE FEDERAL REGISTERATLANTA, GEORGIA, WORKSHOPS
September 13 and 14,1978 See inside cover for details.
SUNSHINE ACT MEETINGS----------
NONDISCRIMINATION ON BASIS OF HANDICAPCSA extends comment period to 10-13-78 on proposed regulations for programs and activities receiving Federal financial assistance............................ ........................................ 36489MEDICAREHEW/HCFA proposes to limit reimbursements to providers for certain services, facilities, and supplies; comments by 10-16-78............................. .............................................. 36488MEDICAID AND AID TO FAMILIES WITH DEPENDENT CHILDRENHEW/HCFA and SSA extend comment period to 9-5-78 on proposal to reduce Federal participation when States make erroneous payments..................................... ....... ............. 36478HEALTH PROFESSIONS CAPITATION GRANTSHEW/PHS issues interim regulations on special assurances required of schools of medicine; effective 8-17-78; commentsby 10-16-78................................................... ............. . . 36441HAZARDOUS MATERIALS TRANSPORTATION DOT/MTB invites comments on highway routing of radioactive materials; comments by 1-1-79....'........................................ 36492FEDERAL MOTOR VEHICLE SAFETY STANDARDSDOT/NHTSA extends and simplifies use of vehicle identification numbers; effective 1-1-80 and 9-1-80..... .................... 36448AIR CARRIERS AND COMMERCIAL AIRCRAFT OPERATORSDOT/FAA proposes requirements for aircraft equipment and personnel; comments by 11-11-78.....................«..........— 36464NATURAL GASDOE/FERC proposes exemptions for temporary sale, delivery, or transportation arrangements from certificate requirements; comments 9-13-78................................................... .......... 36471
CONTINUED INSIDE
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ATLANTA, GEORGIA, WORKSHOPSHOW TO USE THE FEDERAL REGISTER
FOR: Any person who must use the Federal Registerand Code of Federal Regulations.
WHAT: Free public workshops (approximately 2 V2 hours) to present:
1. Brief history of the Federal Register system.
2. Difference between legislation and regulations.
3. Relationship of Federal Register and the Code of Federal Regulations.
4. Important elements of a typical Federal Register document.
5. An introduction to the finding aids of the FR/CFR system.
WHEN: September 13 and 14, 1978, at 9:00 a.m. (Each session identical.)
WHERE: First Floor Conference Room, U.S. Environmental Protection Agency, 345 Courtland Stv Atlanta, Georgia.
WHY: To provide the public with access to information necessary to research Federal agency regulations which directly affect them, as part of the General Services Administration's efforts to encourage public participation in government actions. There will be no discussion of specific agency regulations.
RESERVATIONS: Call Dave Conner, 404-881-4661.
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Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal h olid ays), by the Office of the Federal Register, N ational Archives -.and Records Service, General Services Adm inistration, W ashington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as am ended; 44 U.S.C., Ch. 15) and th e regulations of the A dm inistrative Com m ittee of th e Federal Register (1 CFR Ch. I ) . D istribution is made only by thef Superintendent of D ocum ents, U.S. G overnm ent P rinting Office, W ashington, D.C. 20402.
The Federal R egister provides a uniform system for m aking available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclam ations .and Executive orders and Federal agency docum ents having general applicability and legal effect, docum ents required to be published by Act o f Congress and other Federal agency docum ents o f public interest. D ocum ents are on file for p ub lic inspection in the Office o f the Federal Register the day before they are published, unless earlier filing is requested by the issu ing agency.
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FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
INFORMATION AND ASSISTANCEQuestions and requests for specific information may be directed to the following numbers. General inquiries may be
made by dialing 202-523-5240.
FEDERAL REGISTER, Daily Issue:Subscription orders (G P O )............. 202-783-3238Subscription problems (GPO)......... 202-275-3050“Dial - a - Reg” (recorded sum
mary of highlighted documents appearing in next day’s issue).
Washington, D.C....... 202-523-5022Chicago, III................ 312-663-0884Los Angeles, C a lif.. 213-688-6694
Scheduling of documents for 202-523-3187publication.
Photo copies of documents appear- 523-5240ing in the Federal Register.
Corrections.......................................... 523-5237Public Inspection Desk.... 523-5215Finding Aids....................... 523-5227
Public Briefings: “How To Use the 523-3517Federal Register.”
Code of Federal Regulations (CFR).. 523-3419' 523-3517
Finding Aids........................ 523-5227
PRESIDENTIAL PAPERS:Executive Orders and Proclama- 523-5233
tions.Weekly Compilation of Presidential 523-5235
Documents.Public Papers of the Presidents...... 523-5235Index...................................................... 523-5235
PUBLIC LAWS:Public Law dates and numbers....... 523-5266
523-5282Slip Law s................................ 523-5266
523-5282U.S. Statutes at Large.................... 523-5266
523-5282Index..................................................... 523-5266
523-5282
U.S. Government Manual................. 523-5230
Automation...................... 523-3408
Special Projects........ ................. 523-4534
HIGHLIGHTS—Continued
WHOOPING CRANESInterior/FWS proposes additional critical habitats; public comments by 10-16-78; comments from State Governors by 11-15-78 (Part II of this issue)..................................... ...... 36588AERONAUTICAL AND MARITIME RADIO- NAVIGATION SERVICESFCC proposes additional frequencies for nondirectional radiobeacons; comments by 10-16-78; reply comments by 11-15-78.............................. ............................................. 36489BOATS AND ASSOCIATED EQUIPMENT DOT/CG delays effective date for certain requirements relating to leakage of fuel from fuel pumps and carburetors on gasoline powered inboard boats; effective 8-17-78, and extends effective date for ignition protection requirements; effec five 8-17-78 (2 documents)..................................... 36440, 36441FEDERAL LAND BANK AND PRODUCTION CREDIT ASSOCIATION LOANS FCA amends and corrects eligibility requirements; effective 4 -4 -78 ............................................................................... 36428RAIL CARRIERSICC adopts interim rules on reimbursement for directed service; effective 8-17-78; comments by 9-18-78...................... 36455PASSENGER, COMMUTER, AND FREIGHT TRAINSDOT/FRA requires installation of rear end marking devices; effective 8-25-78....................... 36447
PRIVACY ACTJustice adopts an exemption; effective 8-17-78 ................... 36439Justice proposes to exempt a system of records from therecord provisions; comments by 9-18-78.......... .................. 36486Justice publishes an exemption for a system of records........ 36520Justice clarifies an exemption from the records provisions for asystem of records; comments by 9-18-78 ............................ 36520SEC amends and modifies systems of records (2 documents);effective 9-14 and 10-6-78.................................... 36536, 36538Marine Mammal Commission publishes annual notice of systems of records....... ....... .................................................... 36524MEETINGS—
Commerce/Census: American Statistical Association, Census Advisory Committee, 9-7 and 9-8-78.......... 36501
Secy; Second International Conference on Recognition of National Programs for Accrediting Testing Laboratories,9-14 and 10-23 thru 10-27-78.................................. 36503
DOD/AF: USAF Scientific Advisory Board, 9-19 and9-20-78..... 36504Defense Communications Agency: Scientific AdvisoryGroup, 10-19 and 10-20-78 ...................................... 36504
DOE/SWPA: Public forum on tentative system power rates,8- 24-78............................................... 36514
DOT/CG; Merchant vessel personnel license testing program, 9-26 and 9-27-78........................................... 36547
HEW/HRA: National Council on Health Planning and Development, 9-8-78......................................................... 36517
Interior/BLM: Boise District (Idaho) Grazing Advisory Board,9- 26-78........................................... 36517
Cedar City District Grazing Advisory Board, 9-23-78 ...... 36517
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978 Ui
HIGHLIGHTS—Continued
Justice/Prisons: National Institute of Corrections AdvisoryBoard, 10-29-78...................................................... . 36520
NRC: Discussion on safeguards-requirements for non-powerreactors, 9-8-78........................................................ 36532
USDA/SCS: National conservation program for soil andwater resources, September meetings........................ 36495
VA: Station Committee on Educational Allowances, 9-7-78 36549
CANCELED HEARING- DOE: Compliance with floodplain/wetlands environmental
review requirements, 8-18-78............... .................. 36461
SEPARATE PARTS OF THIS ISSUEPart II, Interior/FWS..................................................... . 36588
rem inders(The items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal
significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.)
Rules Going Into Effect Today
N ote: There were no items eligible for inclusion in the list of R ules G oing Into E ffect T oday.
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 R egister. Copies of the laws in individual pamphlet form (referred to as “slip laws”) may be obtained from the U.S. Government Printing Office.
[Last Listing: Aug. 16, 1978.1H.R. 8 3 3 6 ..................................... Pub. L. 95-344
To authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes. (Aug. 15,1978; 92 Stat. 474) Price: , $.60
iv FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
contentsAGENCY FOR INTERNATIONAL
DEVELOPMENTNoticesAuthority delegations:
Regional Assistant Administrators; bilateral and regional population programs........ 76546
AGRICULTURAL MARKETING SERVICE RulesOranges, Valencia, grown in
Ariz. and Calif........................ 36428AGRICULTURE DEPARTMENTSee Agricultural Marketing
Service; Federal Crop Insurance Corporation; Federal Grain Inspection Service; Soil Conservation Service.
AIR FORCE DEPARTMENTNoticesMeetings:
Scientific Advisory Board...... 36504CENSUS BUREAUNoticesMeetings:
American Statistical Association Census Advisory Committee................................... 36501
CIVIL AERONAUTICS BOARD NoticesHearings, etc.:
Florida service case................. 36499International Air Transport
Association............. 36499Oakland service case........... . 36500
COAST GUARD RulesBoating safety:
Gasoline fuel systems............ 36440Electrical systems................... 36441
Proposed Rules Navigation areas, regulated:
Great Lakes........... 36486NoticesMeetings:
Merchant vessel personnel license testing program......... 36547
COMMERCE DEPARTMENTSee also Census Bureau; Eco
nomic Development Administration; Industry and Trade Administration.
NoticesMeetings:
Testing Laboratories, Recognition of National Programs for Accrediting, Second International Conference........ 36503
COMMUNITY SERVICES ADMINISTRATIONProposed RulesNondiscrimination:
Handicapped in federally-assisted programs; extension of tim e................. .-............... 36489
CUSTOMS SERVICE NoticesManufacturers, producers, and
wholesalers petitions: Battery-operated clock move
m ents.................................... 36548DEFENSE COMMUNICATIONS AGENCYNoticesMeetings:
Scientific Advisory Group....... 36504DEFENSE DEPARTMENTSee Air Force Department; De
fense Communications Agency.
DRUG ENFORCEMENT ADMINISTRATION NoticesRegistration applications, etc.;
controlled substances:Almar Pharmacy..................... 36520Collaborative Research, Inc.... 36524 FOS Pharmaceutical Co., Inc. 36521Moore, John W., Jr., M.D....... 36522Sariento, Maximo R., M.D...... 36523Wyeth Labs., Inc..................... 36524
ECONOMIC DEVELOPMENT ADMINISTRATION
NoticesImport determination petitions:
Cohan-Epner Co., Inc., et al.... 36501ENERGY DEPARTMENTSee also Federal Energy Regula
tory Commission; Southwestern Power Administration.
Proposed RulesFloodplain/wetlands environ
mental review requirements, compliance; hearing cancelled............................................ 36461
ENVIRONMENTAL PROTECTION AGENCY NoticesPesticides; tolerances, registra
tion, etc.:Triforlne....................... 36514
FARM CREDIT ADMINISTRATION RulesFinancing, eligibility and scope:
Federal land bank and production credit association loans; correction ............................ 36428
NoticesAuthority delegations:
Deputy Governor, Administration; order of succession.. 36515
FEDERAL AVIATION ADMINISTRATIONRulesAirworthiness directives:
Beech ............... 36429Money.............................. 36429Pratt & Whitney..................... 36430
Reporting points; correction ..... 36431Control zones................................ 36431Transition areas........................... 36432Proposed RulesAir carriers certification, etc.:
Special certificates, airborne vibration monitors, pilot status, leakage, and air ambulance service; withdrawn...... 36461
Airmen certification:Domestic, flag, and supple
mental air carriers and commercial operators of large aircraft; operations reviewprogram; safety levels......... 36464
VOR Federal airways and jet routes; correction............ ...... 36471
FEDERAL COMMUNICATIONS COMMISSION
RulesOrganization and functions:
Network Inquiry Special Staff, establishment............ 36444
Proposed RulesAviation services, and frequency
allocations and radio treaty matters:
Radionavigation services, aeronautical and maritime .. 36489
FEDERAL CROP INSURANCE CORPORATION
RulesCrop insurance, various com
modities:Sugarcane................................ 36423
FEDERAL DEPOSIT INSURANCE CORPORATION
Proposed RulesConduct standards; extension of
tim e......................................... 36461FEDERAL ENERGY REGULATORY
COMMISSIONRulesOffice directors, authority dele
gations ............ 36433Proposed RulesPolicy and interpretations, etc.:
Natural gas certificate requirements; exemptions for temporary sale, delivery, or
' transportation..................... 36471NoticesHearings, etc.:
Area rate proceedings............ 36504Arkansas Louisiana Gas Co .... 36504 Certain producer and pipeline
respondents......................... 36505
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978 ▼
CONTENTS
Connecticut Light & Power Co. (2 documents).................. 36505
Duke Power Co........................ 36506El Paso Electric C o ................ 36506Florida Power & Light Co....... 36506Michigan Power Co......—........ 36507Michigan Wisconsin Pipe Line
Co.................................. 36508Mullins & Prichard..........—« 36508New England Power Pool ....... 36510North Penn Gas Co........ 36511Northern Natural Gas Co___ 36511Northwest Pipeline Corp ........ 36512Northwest Pipeline Corp.; cor
rection .......................___ 36512Public Service Co. of Indiana,
Ine. (2 documents).... 36512, 36513Southern Natural Gas Co...... 36513Tennessee Gas Pipeline Co — 36513
FEDERAL GRAIN INSPECTION SERVICE NoticesGrain standards; inspection
points:Texas; name change; correc
tion .......................................... 36495FEDERAL INSURANCE ADMINISTRATION Proposed RulesFlood elevation determinations:
Pennsylvania (5 documents) .. 36478-, 36480
Tennessee................. - ....... . 36481Texas (2 documents)................ 36481,
36482Washington (4 documents).... 36483,
36484Wisconsin (2 documents)....-... 36485
FEDERAL RAILROAD ADMINISTRATION RulesRear end marking devices; ap
proved devices...................... 36447FEDERAL RESERVE SYSTEM NoticesApplications, etc.:
American National KimballCorp............. 36515
Louisville Co........................... 36515Missouri Country Bancshares,
Inc ............ 36516FEDERAL SUPPLY SERVICE Proposed RulesGSA self-service stores; proce
dures for making purchases.... 36488FEDERAL TRADE COMMISSION Rules
-Prohibited trade practices:Warner-Lambert Co............... 36432
FISH AND WILDLIFE SERVICERulesFishing:
National Elk Refuge, Wyo..... 36460Hunting:
Ankeny National Wildlife Refuge, Oreg., et a l ................... 36456
Camas National Wildlife Refuge, Idaho, et a l ................... 36459
Pathfinder National Wildlife Refuge, Wyo. (2 documents)-............ . 36459, 36460
Seedskadee National Wildlife Refuge, Wyo. (2 documents) 36458
Proposed RulesEndangered and threatened spe
cies; fish, wildlife, and plants:
Crane, whooping; critical h ab ita t................................. 36588
GENERAL ACCOUNTING OFFICE NoticesRegulatory reports review, pro
posals, approvals, etc. (FMC).. 36516 Regulatory reports review, pro
posals, approvals, etc. (FMC,ICC)............ :................... ........ 36516
GENERAL SERVICES ADMINISTRATION See Federal Supply Service. GEOLOGICAL SURVEY NoticesCoal land classifications: '
Wyoming —— ....................... 36519HEALTH CARE FINANCING
ADMINISTRATIONProposed RulesAged and disabled, health insur
ance for:Cost to related organizations;
reimbursement ...... ...... 36488Medical assistance programs:
fiscal disallowance for erroneous payments; extension of tim e...................................... 36478
HEALTH, EDUCATION, AND WELFARE DEPARTMENT
See Health Care Financing Administration; Health Resources A d m in is tra tio n ;Public Health Service; Social Security Administration.
HEALTH RESOURCES ADMINISTRATIONNoticesMeetings:
Advisory committees; September ...... . 36517
HOUSING AND URBAN DEVELOPMENT DEPARTMENT
See Federal Insurance Administration.
INDUSTRY AND TRADE ADMINISTRATIONNoticesScientific articles; duty free en
try:Idaho State University et aL;
correction ___ ——— 36503Salk Institute for Biological
Studies et a l ........................ 36501INTERIOR DEPARTMENTSee Fish and Wildlife Service;
Geological Survey; Land Management Bureau.
INTERNATIONAL COMMUNICATION AGENCY
NoticesPompeii Exhibit; display in Chi
cago and Dallas..................... 36519INTERNATIONAL TRADE COMMISSIONNoticesImport investigations:
Motorcycles from Japan ......... 36519Novelty glasses....................... 36519Plastic fastener assemblies ..... 36519
INTERSTATE COMMERCE COMMISSIONRulesRail carriers:
Railroads and bus companies; accounting and reporting of government transfers; correction .................... 36456
Reimbursement for directed service, cost data submission; optional cash funding procedures —................. 36455
NoticesHearing assignments............... - 36549Motors carriers:Permanent authority applica-
. tions...........___________—. 36557Temporary authority applica
tions (2 documents)... 36549, 36553Temporary authority applica
tions; correction.................. 36549Petitions, applications, finance
matters (including temporary authorities), railroad abandonments, alternate route deviations, and ihtrastate applications .........— ... 36566
JUSTICE DEPARTMENTSee also Drug Enforcement Ad
ministration; Prisons Bureau.RulesOrganization, functions, and au
thority delegations:Tax Division, settlement of
civil claims ......—__——- 36438U.S. Attorneys, rights of re
demption; release................. 36438Privacy Act; implementation..... 36439Proposed RulesPrivacy Act; implementation..... 36486 NoticesPrivacy Act; systems of records
(3 documents)........ 36520LAND MANAGEMENT BUREAU NoticesApplications, etc.:
Colorado.................................. 36518New Mexico............................. 36518
Coal leases:Colorado; hearing................... 36518
Meetings:Boise District Idaho Grazing
Advisory............................... 36517Cedar City District Grazing
Advisory Board...... 36517Survey plat filings:
Nevada..................................... 36518
ri FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
CONTENTS
MARINE MAMMAL COMMISSION NoticesPrivacy Act; systems of records;
annual republication.............. 36524MATERIALS TRANSPORTATION BUREAU RulesExplosives Bureau, authority
delegations withdrawn..... ...... 36445Proposed Rules Highway, carriage by:
Radioactive materials, routing; inquiry.......................... 36492
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
RulesMotor vehicle safety standards:
Identification numbers.......... 36448NoticesMotor vehicle safety standards;
exemption petitions, etc.:Bristol Cars Ltd.; exterior pro
tection....................... 36547Daihatsu Motor Co. Ltd.; mo
torcycle braking systems..... 36548NATIONAL TRANSPORTATION SAFETY
BOARDRulesSeal; design change.................... 36454NoticesSafety recommendations and
accident reports; availability, responses, etc.................... 36533
NUCLEAR REGULATORY COMMISSION NoticesApplications, etc.:
Arkansas Power Sc Light Co.(2 documents)............ 36524, 36525
General Atomic Co. et a l ....... 36525Sacramento Municipal Utility
District................................. 36531Southern California Edison
Co. et a l ................................ 36532Union Electric C o................... 36532Westinghouse Electric Corp... 36525
Meetings:Reactors, non-power; safe
guards requirements........... 36532Regulatory guides; issuance and
availability (2 documents)..... 36526
PRISONS BUREAUNoticesMeetings:
National Institute of Corrections Advisory Board ........ 36520
PUBLIC HEALTH SERVICERulesGrants:
Teaching facilities construction, etc.; assurances required of schools of m edicine app ly ing fo r health professions capitation grants........................... 36441
SECURITIES AND EXCHANGECOMMISSION
NoticesHearings, etc.:
Alabama Power Co................. 36540Ancorp National Services,
Inc., et a l .............................. 36541Gulf Power Co....................... 36541Indiana & Michigan Electric
Co......................................... 36542Ohio Valley Electric C orp ..... 36543
Privacy Act; systems of records(2 documents).............. 36536, 36538
Self-regulatory organizations; proposed rule changes:
Bradford Securities Processing Services, Inc...................; 36545
Philadelphia Stock Exchange,In c .................................... 36545
Standardized options markets; structure; inquiry; extension of time........................ 36545
SOCIAL SECURITY ADMINISTRATIONProposed RulesPublic assistance programs and
supplemental security income for aged, blind, and disabled:
Quality control and assurance; erroneous payments; extension of tim e ................ 36478
SOIL CONSERVATION SERVICENoticesEnvironmental ^statements on
watershed projects; availability, etc.:
Arthur Dodd Memorial Roadside Park Water-Based Recreation RC&D Measure,Mich,......................... ........... 36496
Fifield Hill Critical AreaTreatment RC&D Measure,Mich ............................... 36496
Jefferson County High School Critical Area TreatmentRC&D Measure, F la ........... 36497
Leutzinger-Lowe Run Watershed, IoWa............................ 36497
Pennyrile RC&D Area Critical Area Treatment RC&DMeasures, Ky....................... 36497
Quiet-Water Beach Water- Based Recreation RC&DMeasure, F la ........................ 36498
Quincy Gullies Critical Area Treatment RC&D Measures, F la ............................... 36498
Santa Rosa Comity Roadside Critical Area TreatmentMeasure, F la ....................... 36498
Stanley Gully Critical Area Treatment RC&D Measure,F la .................... 36499
University of West Florida Critical Area Treatment RC&D Measure, F la ........... 36499
Meetings:Soil and water resources con
servation............................... 36495SOUTHWESTERN POWER
ADMINISTRATIONNoticesPower rates and charges; public
forums; extension of tim e...... 36514STATE DEPARTMENTSee Agency for International
Development.TRANSPORTATION DEPARTMENTSee Coast Guard; Federal Avi
ation'Administration; Federal Railroad Administration; Materials Transportation Bureau; N ational Highway Traffic Safety Administration.
TREASURY DEPARTMENTSee Customs Service.VETERANS ADMINISTRATIONNoticesMeetings:
Educational Allowances Station Committee ................. . 36549
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978 ▼ii
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, follows beginning with the second issue of the month.A Cumulative List of CFR Sections Affected is published separately at the end of each month. The guide lists the parts and sections affected by documents
published since the revision date of each title.
7 CFR401............................................... 36423417..... ..............................______ 36423908............................................... 3642810 CFRP roposed R ules:
1022 ............ 3646112 CFR613........................... 36428P roposed R ules:
336......................... 3646114 CFR39 (3 documents).......... 36429, 3643071 (3 documents).......... 36431, 36432P roposed R ules:
21.......................................... 3646125.......................................... 3646143.......................................... 3646145.......................................... 3646163.......... « 3646465 (2 documents)....... 36461, 3646471.......................................... 3647175.....!.................................... 3647191.......................................... 36461121 (2 documents).. 36461, 36464135........................................ 36461
16 CFR13 .......................................................^ 36432
18 CFR1....................................... .......... 364343................ ....................... .......... 3643535..................................... .......... 36437157.............................................. 36467P roposed R ules:
2 ................................. .......... 36471157............................. .......... 36471
20 CFRP roposed R ules:
416............................. ___ ' 3647824 CFRP roposed R ules:
1917 (14 documents)... 36478-3648528 CFR0 (2 documents).............. .......... 3643816..................................... .......... 36439P roposed R ules:
16............................... .......... 3648633 CFR183 (2 documents).......... . 36440, 36441P roposed R ules:
128............................. .......... 3648641 CFRP roposed R ules:
101-28 ....................... .......... 3648842 CFR57..................................... .......... 36441
42 CFR—Continued P roposed R ules:
405 »...................................... 36488450....................................... . 36478
45 CFRP roposed R ules:
205............................ 364781010........... 36489
47 CFR0___ 36444P roposed R ules:
2 ................. 3648987.......................................... 36489
49 CFR171.......................... 36446173............ 36446178............................................... 36446221..... .......................«.............„.. 36447571......................... '36448803........... 364541126........................... 364551201............................................. 364561206...................,........................ 36456P roposed R ules:
177................... 3649250 CFR32 (6 documents)............. 36456-3646033 ............................................. 36460P roposed R ules:
17.................. 36588
viii FEDERAL REGISTER, V O L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
CUMULATIVE LIST OF CFR PARTS AFFECTED DURING AUGUST
The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during August
1 CFR 7 CFR—Continued 13 CFRCh. 1 ................... 336753 CFRP roclamations:
4580 ..................... 347534581 ................................ 354614582 ................................ 354634583 ................................ 354654584 ................................ 35467
Reorganization Plans:No. 2 of 1978........................ 36037
5 CFR213............................................... 33675,'
34427, 34428, 35017, 35645, 36043315 ...................................... 34428316 ...................................... 34429890 ...................................... 35017891 ................................... 35018P roposed R ules:
297........................................ 35721713........................................ 33732890 ............................. 35046, 35047
P roposed R ules—Continued1701 ........................... 35721, 361061822 ........................... 33923, 344891980...................................... 344902852.............................34490, 35722
8 CFR100....103.. ..204.. ;.212.. ..235.. ..242.. ..
____ 36237......... 3623833677, 36238......... 36238____ 35259......... 36238
9 CFR51.......................73.......................77 ............78 ............92........................318............. .......P roposed R ules:
9 2 ............... .
_____ 33677......... 35020____ 34430...___ 3604935458, 35682 ____ 33678
33926, 344907 CFR 10 CFR15.........................275.......................301.......................354.......................401...... .......... .417.......................661.......................725.......................792.......................908.......................910.......................919.......................926................. .930.......................945.......................967..................... .991.......................1036.....................1040.....................1071.....................1421.....................1427.......... ...........1446.....................1701.....................1806.....................1945.....................1980__________P roposed R ules:
722................728............... .913................927................989................993................1001_______1004 ..............1126..............1430..............
.................... 34755
.................... 35645
.................... 36043
.................... 34429
.................... 36423
.................... 36423
.................... 34755
.................... 36044
.................... 3367634103, 35469, 36428......... 34430, 35646.................... 34103.................... 35259__________ 34104.................... 33676.................... 35019.................... 36044.................... 33897.................... 36045.................... 36235......... 34757, 3604634104, 34762,36236..... 35469.................... 35647__________ 34430.... ............... 35648.................... 35661
......... 35053
......... 34483____ 34483......... 33732...... 33923......... 35053......... 3549035926, 36106____ 35047____ 34488
50___________73____________205____ ..._____211......................212......................470......................P roposed R ules:
70________73.................205.............210_______211_______212 _______440________500...............1022.............
12 CFR220......................226......................261b........... ........265............ .........545 .............. .............. ..............546 .............563....................584......................613___________615......................701..................... .P roposed R ules:
225...............336...............563...............571...............611...............612 ...............701_______
......... 34764____ 3476533687, 34433____ 3368833689, 33694 ____ 35020
____ 35321......... 35321____ 36264____ 3478634786, 36264 34786, 36264____ 34493......... 36280____ 36461
............ 3389934111, 35025, 36052.................... 34481.................... 34481__________ 35260................ 35262.................... 35262.................... 35262.................... 36428.................... 36052_____ 33899, 36239
3628136461361073610736108 36108 33929
120 .............. 35907121 ....... 36052P roposed R ules:
121........................................ 3594414 CFR39................... 34766,
34770, 35471-35473, 36429, 3643071................................................ 34114,
34770, 34771, 35474, 36431, 3643295 .................................................. 0000097................................. 00000202................................... 34115205............................................... 34116212 ........................................ 34116213 ....................................... 34116214..... 34117216............................................ 34117221.......................... 34117, 34442, 36053312..................................... 34119375........................................... 34119384 ........................................ 34119385 .................................... 34120399........ 35026, 360531204............................................. 341221245............................................. 34122P roposed R ules:
Ch. II......... ............................ 3478821........................................... 3646125........................................... 3646139 ............................... 34786, 3478743.................................. 3646145............................. 3646163........................................... 3646465 ............................... 36461, 3646471 __________ 34157, 35944, 36471*7? 3SQ4S75 34158,* 35946, 3647191................................. 36461121 .................. 35518, 36461, 36464127......................................... 35518135.. ................................. 36461221...................................... 34788241 ................................. 33733242 ................................. 33733249.. ................................. 33733291....................................... . 33733302.. .................................. 34788399.. ..______________ 35490
15 CFR371................................................. 35027373................................................ 35028378 ......................... 35028379 .......................... 33699, 35029399............................. 33699917......................... T.................... 35029909................................................ 36240
16 CFR1________________ 356834...........'............... ........................ 3568313________ 33900, 34124, 35262, 36432702................................................ 35684
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978 ix
FEDERAL REGISTER
16 CFR—Continued 21 CFR—Continued 24 CFR—Continued801 ............................ 34443, 36053802 ........... 34443, 36053803 ................. 34443, 360531115................................................ 349881209..... 352401500................................................ 33701P roposed R ules:
4 ................................. 3605413............................................. 33931,
35054, 35338, 35339, 36281259............................................ 34496439...... ..................................... 35341453........................................... 345001118......................................... 35440
17 CFRCh. I I .......... .................................... 33904229............. ....... .'........................... 34407239 ........................................... 34412240 ........ .'......................... 33906, 34413249..................................... 34413P roposed R ules:
229 ........................................ 34415230 ......................................... 35730240 ............................... 33935, 34790241 ........................................ 34T[90249 ................................... 34790250 ........................................ 35490256.................................. 35490
18 CFR1.. ..................................... 35907, 364343 ....................................................... 3643535............................. 36437141.. ......................................... 35911157............................................ 36437201................................ 35911216................................................... 35911260............................ 34454, 35911803........................................ 34127P roposed R ules:
2 ................ ;............................. 36471157........................................... 36471
19 CFR12.. ............................................ 36054101....................................... 36055, 36056111 .............................................. 34454112 ...................................... v..... 36057153.................................................. 35262P roposed R ules:
101.................. 36108200 ........................................ 34159201 ............ 34159
20 CFR404........................... 33705, 34455, 34777410.................................................. 34778620.......................................... 36058P roposed R ules: ,
404 ............................... 35344, 36110416.................... „......... .......... 36478
21 CFR5 ................................................... ;. 3606081.................... 36061182.................................................. 36063184................ ............................... .’. 36063193........ 35915436......................................... 34456
446......................510......................520................... .'.558................... <561......................573......................610......................640......................P roposed R ules:
10.................16 ................54.................56.................7 1 ................73.................170 ............171 ..............180..............182..............184..............186...............310..............312..............314..............320 ..............330 ..............347...............361 ..............430 .............431 ..............505...............510 ............511 ..............514...............539 ..... ..........548...............558...............570 ............571 ............601 ..............610..... .........630 ..............660...............812...............1003 ............1010 ............1308 ............
22 CFR709............... ......23 CFR
.................... 34456
.................... 35685
.................... 35685
......... 34457, 3568634457, 35686, 35915......... 33707, 33708
................. 34457.............. ;..... 34457
........................ 3505635056, 35186, 35210.................... 35210................ . 35186........ 35186, 35210................. ... 36064.................... 35210......... 35186, 35210.......... 35186, 35210......... 34500, 35731.......... 34500, 35731.............. r..... 35731.......... 35186, 35210...... 35186, 35210......... 35186, 3521035056, 35186, 35210.......... 35186, 35210.................... 34628.......... 35186, 35210.......... 35186, 35210.......... 35186, 35210.................... 35731.................... 35210.................... 35210.................... 35210.............. ..... 35731.................... 35731.................... 35059.................... 35210.................... 35210/.......... 35186, 35210.................... 35731
35186, 35210.................... 35731.....'............... 35056_____ 35186, 35210........... 35186, 38210....... 34503, 35734
36064
883 ....v......................................... 33880888............................................... 351621914 ................................ 360661915 ............................... 36241-362431917................................... 35267-352781920................................... 35916-35920P roposed R ules:
570......................................... 344241917...................................... 35060-
35069, 35491-35502, 36478-3648525 CFR258............................................... 35278P roposed R ules:
41......... ................. .............. 3534626 CFR1............... .............. 34128, 35279, 362447....................... ................ 35920, 36244P roposed R ules:
1 ............................................ 33936,33937, 35735, 35949, 36111
301.......... 3393728 CFR0........................................ 36068, 3643816................. 36439P roposed R ules:
16 ............................... 35347, 36486Ch. V ............................. 34062
29 CFR70a............................................... 3606989................................................. 3370898................................................ 344621910............ .............,........ 35032, 350351928........................................... 350351952............................................. 344632520............................................. 3504230 CFR44........................... 35687610....... 35477P roposed R ules:
Ch. VII.................................. 3611448 ............................... 34504
31 CFRP roposed R ules:
10.......................................... 34161260......................626......................630......................650 ,................ «...P roposed R ules:
480...............646 ..............
24 CFR81........................203.. ................204............. ........280.. ................570 ..................571 .............. .600......................803......................880.......... ...........881......................
3547735030 3446035031
......... 3500835008,35491
3620033906339063526534056 3475134057 35162 33880 33880
32 CFR44......49......56 ...57 ...63 ...64 ...71 ...72 ...83......84.. ......86 ......93......95......96.. ..120....123.... .125....136.... .
362453624536245362453624536245362453624536245362453624536245362453624536245362453624536245
x FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
FEDERAL REGISTER
32 CFR—Continued 40 CFR—Continued 45 CFR—Continued139.............. ................................ 36245142................................. 36245158............................................... 36245173.. ..... 36245178............................................... 36245210...................... 36245213............................................... 36245235............................................... 36245240.................................. 36245241.— ......................................... 36245250.... 36245254.................................... .......... 36245265.. ..........................................;.. 36245266 ............ 36245267 ........................................... 36245280........................ 36245294............................................... 36245553........................... 35043, 35922706.................................... 33709, 36070811a.... 33907837............................................... 35477885............................................... 35687888........................................... 36071952............................................... 33908953..................................... .:....... 339121466.................................... 35280P roposed R ules:
552 ................. 33749553 ............................. 35069, 35950
33 CFR110........................ ...................... 35480183.................................... 36440, 36441222.. ......................................... 35480P roposed R ules:
126............ 34362128........................................ 36486204........................................ 36283209.............................. 34162
36 CFR7 ...................................................... 35482262.................................................. 36245P roposed R ules:
7 ............. 3507021....................... 35071
37 CFR2............ 35482201............................................... 3504438 CFR21................................................. 35280P roposed R ules:
3 ................................. 3450539 CFRP roposed R ules:
111..................... 3595140 CFR22.................... 3473052..................................................33912-
33918, 34129-34131, 34463-34470, 35694, 36245, 36247
55................................................. 3592260.............................. ........ 34340, 34784162......... 34471180.............. 35309, 35696, 35697, 35923209............................................... 34132
228-------------- 33711730_______________________ 36249761............................................... 33918P roposed R ules:
22........................................ 3473825.......................................... 3479435.......................................... 3479451 ....................................... 3489252 ....................................... 34892,
35072, 35347, 35952, 35956, 36114, 36203
53 ....................................... 3489258.......................... 3489260 ............................... 34349, 3489262................. 3374965............ ............................. 33750-
33754, 34506, 35502-35508, 35957, 35961, 36284
105........................................ 34794120....... 35735180........ 34163,
34804, 35348, 35349, 35963249........................................ 34794413........................................ 33940
175 ..................176 ................177 ............185......................801......................1061....................P roposed R ules:
168...............190...............205...............228...............232 ............233 ............301 ............302 ............303 ............304 ............405...............450...............455...............1010 ................1076.............1609.............1705............. .
......... 34146
......... 34146
...... . 3433836228, 36250......... 35704......... 35312
3562435964364783471934164355113416434164341643416434710347103471036489355113376434805
41 CFR 46 CFR1-16................................................ 35310Ch. 3 .... 33712Ch. 101............................... 33713, 33892101-17 ................................ 34139, 35484101-36............................................ 34140P roposed R ules:
3-1...............3-4...............3-7...............101-28 ..........
42 CFR36................ .......37........................57............. ..........67.......................405......................P roposed R ules:
37.................51a.......:........52.................91.................122...............123...............405 .............. .448...............450...............
43 CFR4.........................29.......................45 CFRCh. I ...................16.......................19.......................74.......................185......................100b............ .100c................... .126......................144............. ........168............ .........173.............
33761, 33940......... 33940......... 33940........ 36488
3465033713364413447135698
......... 33762
......... 34717
......... 34507
......... 35073
......... 33764
......... 3376433763, 36488......... 35077......... 36478
3437633721
......... 35484
......... 36249
......... 35310
......... 3407636228, 36250......... 35701......... 35701......... 34324......... 34146......... 34334......... 35701
502............................................... 33721542......... ....... ............................. 3570447 CFR0 ......................... 36086, 364441 ......................................... *.... 360862 ............................................... 3372215................................................ 3609621................................................. 3531473................................................. 35924, 3610497........... 33722P roposed R ules:
1 ......................................... 341672 .......... 35350, 35352, 35353, 3648921.......................................... 3596961.......................................... 3480663 .................... 33942, 34823, 3628564 ................................ 34823, 3628567.......................................... 3482373.......................................... 33765,
33772, 34170, 34509, 35356, 35357, 35969, 36116, 36117
81.......................................... 3535283 .................... 35352, 36353, 3551287 .................... 35350, 35352, 3648989 ................................ 35352, 3536091 ................................ 35352, 3536093 ................................ 35352, 3536095.......................................... 3536097.......................................... 35352
48 CFRP roposed R ules:
Ch. I ........................... 34824, 3573649 CFRCh. I ............................ 3548525............. 33725171 ............ 36446172 .............................. 35485173..................................... 35485, 36446178............................................. 36446221 .................. 36447531.:............................................. 34785
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978 xi
FEDERAL REGISTER
49 CFR—Continued 49 CFR—Continued 50 CFR—Continued571........................................... 36448 P roposed R ules—Continued803............................................... 36454 10331033.............................................. 34147- 1040**'
34150, 34476, 35317, 35718 , nAn..............................71056............................................. 33921 .................................1126............................................. 36455 1082..................................1201....................... .*.................... 36456 1121.................................1206.............................. 36456 1124.......................1241............................ 35485 1201.......................P roposed R ules: 50 CFR
Ch. X ............. 3377427..................................... 34171 17....................................177........................................ 36492 20....................................195.................................... 35513 21....................................537........................................ 35517 26............................................
35083339453417234172337753508234172
34476359003415034151
32 ...................................... 33921,33922, 34151-34156, 34480, 35320, 35486-35488, 36251-36262,36450-36460
33 ...................................... 36262, 36460216....... 36263611.................................... 35719, 35924651............................................... 35488P roposed R ules:
17 .................... 35636, 36117, 3658820........................................ ;. 3589032......... 34825251........................................ 33946611 .................. 33776, 34510, 34825656........................................ 35736672........................................ 34825810 ........... .\........ . 35014, 36293
FEDERAL REGISTER PAGES AND DATES—AUGUSTPages ^ Date Pages Date Pages Date
33675-33897........ ........................ Aug. 1 35017-35258.................................. 8 35907-36036.................................. 1433899-34102............... .................. 2 35259-35459 .......................... ....... 9 36037-362?4......................... ......... 1534103-34426.............. ........... ....... 3 35461-35643.................................. 10 36235-36422................................... 1634427-34751.................................. 4 35645-35906.................................. 11 36423-36590.............. „................. 1734753-35016................................. 7
/
xil FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36423
________________ rules and regulations_______________This section o f the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most o f 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 o f Documents. Prices o f new books are listed in the first FEDERAL REGISTER issue of each
month.
[3410-08]Title 7— Agriculture
CHAPTER IV — FEDERAL CROP INSURANCE CORPORATION, DEPARTMENT OF AGRICULTURE
PART 401— FEDERAL CROP INSURANCE
PART 417— SUGARCANE CROP INSURANCE
Subpart— Regulations for the 1979 and Succeeding Crop Years
AGENCY: Federal Crop Insurance Corporation.ACTION: Final rule.SUMMARY: This rule provides regulations for the insuring of sugarcane effective in certain comities in Florida and Texas effective with the 1979 crop year, and in counties in Louisiana effective with the 1980 crop year. These regulations are issued under the authority of the Federal Crop Insurance Act, 7 U.S.C. 1501 et seq., as amended.EFFECTIVE DATE: August 17,1978.FOR FURTHER INFORMATION CONTACT:
Peter F. Cole, Secretary, Federal Crop Insurance Corporation, U.S. Department of Agriculture, Washington, D.C. 20250, 202-447-3325.
SUPPLEMENTARY INFORMATION: Under the authority of the Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.), the Federal Crop Insurance Corporation (hereinafter called “Corporation”), hereby issues a new part 417 of chapter IV in title 7 of the Code of Federal Regulations to be known as 7 CFR Part 417 Sugarcane Crop Insurance.
This is a new part and contains all previous sugarcane crop insurance regulations found in 7 C F R 401.135 (40 F R 25434, June 16, 1975) and an amendment published in the F ederal R egister on June 2, 1976 (41 F R 22251). In addition, this new part 417 contains a rate adjustment table for premium determination in accordance with the insured’s individual insuring experience and the provisions of the crop insurance policy to form a com
plete sugarcane policy and endorsement in a self-contained document. The Corporation has determined that such a sugarcane crop insurance policy as outlined below is more effective administratively.
In the provisions of the sugarcane policy the cancellation date, that date established by the Corporation by which a policyholder must notify the Corporation of his desire to cancel his crop insurance coverage for a particular crop year, has been established as July 31. Any regulations as are promulgated herein, or amendments thereto, must be placed on file in the Corporation’s office for the county 15 days prior to such cancellation date or by July 15, in order to be effective for that crop year.
The Board of Directors of the Corporation approved several counties in Florida and Texas for sugarcane crop insurance effective with the 1979 crop year and applications for sugarcane crop insurance will be taken in such counties when this new part 417 is placed on file.
There are no current sugarcane crop insurance policyholders in Florida and Texas; consequently, no one would be affected by the placing of such regulations as are in part 417 on file in the office for the county by a date that is past the required July 15 date, since there are no policyholders who should be notified of such regulations and afforded an opportunity to consider their crop insurance contracts under the terms of such regulations with a view toward cancellation of their contract by the required July 31 cancellation date.
The only persons who will be affected now by the regulations contained in the new part 417 are those who are contemplating filing applications for sugarcane crop insurance for the 1979 crop year. Such applications would normally have to be filed by not later than August 31.
In view of the limited time available to prospective policyholders to file their applications for sugarcane crop insurance for the 1979 crop year, the Corporation has, under a separate document, extended the deadline date for filing applications from August 31 to September 30 in order to provide more time for the filing of applications for such crop insurance on their sugarcane crops.
As indicated above in the section of this document titled “SUMMARY”, the Corporation has determined that the regulations promulgated below shall become effective in Louisiana, where there are current policyholders, for the 1980 crop year. There is no need to extend the deadline date for filing applications in Louisiana, and current policyholders in that State will be notified of the provisions found in the new Part 417 Sugarcane Crop Insurance Policy prior to the normal July 31 cancellation date.
In view of the above, the Corporation has found and determined that there would not be enough time to follow the procedure for notice and public participation and still make sugarcane crop insurance available to those counties in Florida and Texas for the 1979 crop year. Given the fact that growers in Florida and Texas have until now no sugarcane crop insurance experience upon which to base comments if provision^were to be made for public participation, the Corporation has determined that to provide a full 60 days for comment on this new program, then to begin accepting applications for the 1979 sugarcane crop insurance protection, would create the possibility of adverse selectivity which is counter to sound insurance principles. Therefore, this new Part 417 Sugarcane Crop Insurance Policy is hereby issued without compliance with such procedure for notice and public participation.
F inal R ule
Under the authority contained in the Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.), the Federal Crop Insurance Corporation hereby issues a new part 417 of chapter IV in title 7 of the Code of Federal Regulations to be known as 7 CFR Part 417 Sugarcane Crop Insurance Policy.§ 401.135 [Reserved]
7 CFR 401.135 is hereby deleted and reserved.
Pursuant to the authority contained in the Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.), the Federal Crop Insurance Corporation hereby issues the provisions of this subpart which shall apply, until amended or superseded, to all sugarcane effective with the 1979 and suc-
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36424 RULES AND REGULATIONS
ceeding crop years in Florida and Texas and with the 1980 and succeeding crops years in Louisiana.Subpart— Regulations fo r the 1979 Succeeding
Crop Years
Sec.417.1 Availability of Sugarcane Insurance.417.2 Premium rates, production guaran
tees, and prices at which indemnities shall be computed.
417.3 Application for insurance.417.4 Public notice of indemnities paid.417.5 Creditors.417.6 Good faith reliance on misrepresen
tation.417.7 The contract.417.8 The policy.
Authority: Secs. 506, 516, 52 Stat. 73, as amended, 77, as amended (7 U.S.C. 1506, 1516).
Subpart— Regulations for the 1979 Succeeding Crop Years
§ 417.1 Availability of sugarcane insurance.
Insurance shall be offered under the provisions of this subpart on sugarcane in counties within limits prescribed by and in accordance with the provisions of the Federal Crop Insurance Act, as amended. The counties shall be designated by the Manager of the Corporation from those approved by the Board of Directors of the Corporation. Before insurance is offered in any cdtfeity, there shall be published by appendix to this section the name of the county and the crops on which insurance will be offered.§417.2 Premium rates, production guar
antees, and prices at which indemnities shall be computed.
The Manager shall establish premium rates, production guarantees, and prices at which indemnities shall be computed for sugarcane. Such premium rates, production guarantees, and prices at which indemnities shall be computed shall be shown on the county actuarial table on file in the office for the county and may be changed from year to year.§ 417.3 Application for insurance.
(a) Application for insurance on a form prescribed by the Corporation may be made by any person to cover such person's insurable share in the sugarcane as landlord, owner-operator, or tenant. The application shall be submitted to the Corporation at the office for the county on or before the applicable closing date set forth below preceding the first crop year for which insurance is to be in effect.
(Closing D ates)All States_________________________ August 31
(b) The Corporation reserves the right to discontinue the acceptance of applications in any county upon its de
termination that the insurance risk involved is excessive, and also, for the same reason, to reject any individual application. The Manager of the Corporation is authorized in any crop year to extend the closing date for acceptance of applications in any county, by publishing a notice in the F ederal R egister, upon his determination that no adverse selectivity will result during the period of such extension: Provided, hoioever, That if adverse conditions should develop during such period the Corporation will immediately discontinue the acceptance of applications.
(c) Applications for initial insurance shall be made on the following form:
U.S. D epartment of Agriculture
FEDERAL CROP INSURANCE CORPORATION
Application for Federal Crop Insurance for 19— and Succeeding Crop Years
Name and address----------------------------------
Contract No.---------------—---------- -------------
State---------------------------------------------------Identification N o.----------------------------------
A. The undersigned applicant, subject to the provisions of the regulations of the Federal Crop Insurance Corporation (herein called the “Corporation”), hereby applies to the corporation for insurance on his share (for cotton, peanut and tobacco insurance, on his sharecropper or share tenant shares as specified in paragraph B below) in the crops stated below that are insurable crops planted on insurable acreage as shown on the applicable county actuarial table of the Corporation for the above-stated county. The applicant elects each plan of insurance, amount of insurance, or price at which indemnities shall be computed, shown below which in each case shall be an electable plan, amount, or price, as provided on the applicable county actuarial table on file in the Corporation’s office for the above county. The premium rates and production guarantees shall be those shown on the applicable comity actuarial table for each crop year.
Crops Elections (A) (P)
B. Applicable only to cotton, peanut and tobacco:
If the applicant intends to insure only the shares of his sharecroppers or share tenants who have no insurance on the crop with the Corporation, “(SC-Int.)” shall be entered following the name of the crop. If the applicant intends to insure both his individual share and the shares of his sharecroppers or share tenants “(Comb. Int.)” shall be entered following the name of the crop. Insurance for sharecroppers and share tenants shall be provided in accordance with the regulations of the Corporation (7 CFR Part 401,103(b)).
C. Upon acceptance of this application by the corporation the contract shall be in effect for the first crop year specified above, except on any crop on which the time for the filing of applications has passed at the
time this application is filed, and shall continue for each succeeding crop year until canceled or terminated as provided in the contract. This application, the insurance policy, endorsements, and the county actuarial tables shall constitute the contract. Any changes in the contract shall be on file in the Corporation’s office for the county at least 15 days prior to the applicable cancellation date.
D. This application, when executed by a person as an individual, shall not cover his share in as crop produced by a partnership or other legal entity.
The applicant is a ------------------------(Type of entity).
All natural persons in whose behalf this application is made are over 18 years of age ------------(Yes or No).
E. P remium N ote: In consideration hereof, the insured promises to pay to the order of the Corporation each crop year of the contract the annual premiums. It is agreed that any amount due the Corporation by the insured may be deducted from any indemnity payable to the insured and when not prohibited by law, from any loan or payment otherwise due the insured under any program administered by the U.S. Department of Agriculture.Witness to signature-----------------------------Signature of applicant----------------------- —Date----------- , 19-Code —
Address of office for county:
Phone --------------------- ------------- -----Location of farm(s) or headquarters:
Phone ------------------------------------------------
§ 417.4 Public notice of indemnities paid.The Corporation shall provide for
posting annually in each county at the county courthouse a listing of the indemnities paid in the county.§ 417.5 Creditors.
An interest of a persoh in an insured crop existing by virtue of a lien, mortgage, garnishment, levy, execution, bankruptcy, or any involuntary transfer shall not entitle the holder of the interest to any benefit under the contract except as provided in sections 13 and 14 of the policy set forth in 7 CFR 416.8.§ 417.6 Good faith reliance on misrepre
sentation.Notwithstanding any other provision
of the insurance contract, whenever an insured person under any contract of crop insurance entered into under these regulations has suffered a loss to a crop which is not insured, or for which the insured is not entitled to an indemnity because of failure to comply with the terms of the insurance contract, but which the insured believed to be insured, or believed the terms of the insurance contract to have been complied with or waived, because of a misrepresentation or other erroneous action or advice by an
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
agent or employee of the Corporation and the Board of Directors of the Corporation, or the Manager in cases involving not more than $5,000 finds (a) that an agent or employee of the Corporation did in fact make such misrepresentation or take other erroneous action or give erroneous advice, (b) that said insured person relied thereon in good faith, and (c) that to deny said insured’s claim for indemnity would not be fair and equitable, such insured person shall be entitled to such indemnity the same as if otherwise entitled thereto.§ 417.7 The contract.
The insurance contract shall become effective upon the acceptance by the Corporation of a duly executed application for insurance on a form prescribed by the Corporation. The contract shall cover the sugarcane crop which is provided in and covered by the policy when insurance is accepted on the sugarcane crop by the Corporation pursuant to a duly submitted application. Any changes made in the contract shall not affect the continuity from year to year.§ 417.8 The policy.
The provisions of the sugarcane production insurance policy for the 1979 and succeeding crop years are as follows:
U.S. D e p a r t m e n t o f A g r i c u l t u r e
SUGARCANE INSURANCE POLICY
(This is a continuous contract, refer to section 20.)
FEDERAL CROP INSURANCE CORPORATION
Subject to the regulations of the Federal Crop Insurance Corporation (herein called “Corporation”) and in accordance with the terms and conditions set forth in this policy, the Corporation upon acceptance of a person’s application does insure such person’s sugarcane crop against unavoidable loss of production due to causes of loss insured against that are specified in this policy. No term or condition of the contract shall be waived or changed on behalf of the Corporation except in writing by a duly authorized representative of the Corporation.
TERMS AND CONDITIONS
1. Meaning of terms. For purposes of insurance on sugarcane the terms:
(a) “Actuarial table” means the forms and related material approved by the Corporation which are on file for public inspection in the office for the county, and which show the applicable production guarantee, premium rates, prices for computing indemnities, insurable acreage, and related information regarding sugarcane insurance in the county.
(b) “Contract” means the accepted application, this policy, and the actuarial table.
(c) “County” means the county shown on the application and any additional insurable land located in a local producing area bordering on the county, as shown on the actuarial table.
RULES AND REGULATIONS
(d) “Crop year” means the period from planting for plant cane and from the later of April 15 or 30 days after harvest for stubble cane until the end of the insurance period for the applicable crop year and shall be designated by the calendar year in which harvest normally begins in the county.
(e) “Harvest” means cutting and removing the sugarcane from the field.
(f) “Loss ratio” means the ratio of indemnity!ies) paid to premium(s) earned.
(g) “Office for the county” means the Corporation’s office serving the county shown on the application for insurance or such office as may be designated by the Corporation. *
(h) “Person” or “Insured” means an individual, partnership, association, corporation, estate, trust, or other business enterprise or legal entity, and wherever applicable, a State, a political subdivision of a State, or any agency thereof.
(i) “Share” means the share of the insured as landlord, owner-operator, or tenant in the sugarcane crop at the time insurance attaches as reported by the insured or as determined by the Corporation, whichever the Corporation shall elect, and no other share shall be deemed to be insured: Provided, That for the purpose of determining the amount of indemnity, the insured share shall not exceed the insured’s share at the earliest of (1) the date of beginning of harvest on the unit, (2) the calendar date for the end of the insurance period, or (3) the date the entire crop on the unit is destroyed, as determined by the Corporation.
(j) “Standard sugarcane” means net sugarcane containing the percent sucrose in the normal juice or in the cane and, where applicable, the purity factor as shown on the actuarial table.
(k) ' “Sugarcane” means either (1) sugarcane the initial year planted (herein called “plant” cane) or (2) sugarcane which has previously been harvested and the stubble from the stalks is left for the purpose of producing another crop (herein called “stubble” cane).
(l) “Tenant” means a person who rents land from another person for a share of the sugarcane crop or proceeds therefrom.
(m) “Unit” means all insurable acreage of sugarcane in the county on the date insurance attaches (1) in which the insured has a 100-percent share, (2) which is owned by one person and operated by the insured as a tenant, or (3) which is owned by the insured and rented to one tenant. Land rented for cash, a fixed commodity payment, or any consideration other than a share in the sugarcane crop on such land shall be considered as owned by the lessee. Land which would otherwise be one unit may be divided according to applicable guidelines on file in the office for the county or by written agreement between the Corporation and the insured. The Corporation shall determine units as herein defined when adjusting a loss, notwithstanding what is shown on the acreage report, and has the right to consider any acreage and share reported by or for the insured’s spouse or child or any member of the insured’s household to be the bona fide share of the insured or any other person having the bona fide share.
2. Causes of loss, (a) Causes of loss insured against. The insurance provided is against unavoidable loss of production resulting from drought, earthquake, excessive rain, fire, flood, freeze, frost, hail, hurricane, insect infestation, lightning, plant disease,
36425
snow, tornado, wildlife, wind, winterkill, and any other unavoidable cause of loss due to adverse weather conditions occurring within the insurance period, subject however, to any exceptions, exclusions, or limitations with respect to such causes of loss that are set forth on the actuarial table.
(b) Causes of loss not insured against. The contract shall not cover any loss of production due to (1) neglect or malfeasance of the insured, any member of his household, his tenants or employees, (2) failure to follow recognized good farming practices, (3) damage resulting from the backing up of water by any governmental or public utilities dam or reservoir project, ot (4) any cause not specified as an insured cause in this policy as limited by the applicable actuarial table.
3. Crop and acreage insured, (a) Upon approval of an application for insurance, the sugarcane and insured shall be sugarcane grown for processing for sugarcane for which the actuarial table shows a guarantee and premium rate per acre.
(b) The acreage insured for each crop year shall be that acreage in the county of plant and stubble cane on insurable acreage, as shown on the actuarial table and as reported by the insured or as determined by the Corporation, whichever the Corporation shall elect: Provided, That insurance shall not attach or be considered to have attached as determined by the Corporation to any acreage of sugarcane (1) cut for seed, (2) where premium rates are established by farming practices on the actuarial table, and the farming practices carried out on any acreage are not among those for which a premium rate has been established, (3) which is destroyed and after such destruction it was practical to replant to sugarcane and such-acreage was not replanted, (4) initially planted after the date established by the Corporation and placed on file in the office for the county as being too late to initially plant and expect a normal crop to be produced, (5) planted to a type or variety of sugarcane not established as adapted to the area or shown as noninsurable on the actuarial table, or (6) planted with another crop.
(c) The corporation reserves the right to limit the insured acreage of sugarcane to any acreage limitations established under any act of Congress, provided the insured is so notified in writing prior to the planting of sugarcane.
4. Responsibility of insured to report acreage and share, (a) The insured shall submit to the Corporation at the office for the county on a form prescribed by the Corporation, a report showing all of the acreage of sugarcane in the county (including a designation of any acreage to which insurance does not attach) in which the insured has a share and the insured’s share therein at the time insurance attaches. Such report shall be submitted each year not later than May 31. If the insured does not have a share in any insured acreage in the county for any year, he shall submit a report so indicating. Any acreage report submitted by the insured shall be binding upon the insured and shall not be subject to change by the insured.
(b) If the insured does not submit an acreage report by May 31, the Corporation may elect to determine by insurance units the insured acreage and the share or declare the insured acreage on any insurance unit(s) to be “zero.”
FEDERAL REGISTER, V O L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
3 6 4 2 6 ' RULES AND REGULATIONS
5. Irrigated acreage, (a) Where the actuarial table provides for insurance on acreage on which an irrigated practice is carried out, the insured shall report as irrigated only the acreage for which the insured has adequate facilities and water to carry out a good irrigation practice at the time of planting.
(b) Any loss of production caused by failure to carry out a good irrigation practice, except failure of the water supply from an unavoidable cause occuring after the beginning of planting, shall be considered as due to an uninsured cause. The failure or breakdown of irrigation equipment or facilities shall not be considered as a failure of the water supply from an unavoidable cause.
(c) Insurance shall not attach to sugarcane planted on any irrigated acreage the first year after a major leveling operation has been carried out, as determined by the Corporation.
6. Production guarantees and prices for computing indemnities, (a) For each crop year of the contract, the production guarantees and prices at which indemnities shall be computed are those shown on the actuarial table.
(b) The applicable production guarantee per acre shall be reduced 20 percent for any unharvested acreage.
(d) If there is no break in the continuity of participation, any premium adjustment applicable under subsection (c) of this section shall be transferred to: (1) The contract of the insured’s estate or surviving spouse in case of death of the insured, (2) the contract of the person who succeeds the insured in operating only the same farm or farms, if such person had previously actively participated in the farming operation, or (3) the contract of the same insured who stops farming in one county and starts farming in another county.
. (c) At the time application for insurance is made, the applicant shall elect a price from among those shown on the actuarial,table at which indemnities shall be computed. If the insured has not elected a price or the price elected is not shown on the actuarial table for the crop year, the applicable price under the contract, and which the insured shall be deemed to have elected, shall be the price provided on the actuarial table for such purposes. The insured may, with the consent of the Corporation, change the price election for any crop year by the closing date for submitting applications for that year.
7. Annual premium, (a) The annual premium is earned and payable at the time insurance attaches and shall be determined by multiplying the insured acreage times the applicable premium per acre, times the insured’s share at the time insurance attaches, and applying the premium adjustment herein provided.
(b) For premium adjustment purposes, only the years during which premiums were earned shall be considered.
(c) The premium shall be adjusted as shown in the following table:
(e) If there is a break in the continuity of participation, any reduction in premium earned under subsection (c) of this section shall not thereafter apply; however, any increase in premium shall apply following a break in continuity.
(f) Any unpaid amount due the Corporation by the insured may be deducted from any indemnity payable to the insured by the Corporation or from any loan or payment to the insured under any act of Congress or program administered by the U.S.
Department of Agriculture, when not prohibited by law.
8. Insurance period. Insurance on insured acreage of plant cane shall attach at the time of planting; for stubble cane, insurance shall attach on the later of the April 15 following normal harvest or 30 days after harvest. The insurance period shall cease upon the earliest of (1) final adjustment of a loss, (2) harvest, or (3) the following applicable date of the calendar year immediately following the normal commencing of harvest in the county:
Florida................. ...... ........ Apr. 30Louisiana................... ................................. Jan. 31Texas........................ ....................................Apr. 30
9. Notice of damage or loss. Any notice of damage or loss shall be given 1n writing by the insured to the Corporation at the office for the county. The Corporation shall reject any claim for indemnity if any of the requirements of this section are not met.
(a) Notice shall be given promptly if, during the insurance period, the sugarcane on any unit is damaged to the extent that the insured does not expect to further care for the crop or harvest any part of it, or wants the consent of the Corporation to put the acreage to another use. No insured acreage shall be put to another use until the Corporation has made an appraisal of the potential production of such acreage and consents in writing to such other use. Such ) consent shall not be given for plant cane ) until it is too late to replant to sugarcane. I Notice shall also be given when such acre- f age has been put to another use. (b) Notice ] shall be given not later than 30 days after j the earliest of: (1) The date harvest is com- j pleted on the unit, (2) the calendar date for ] the end of the insurance period, or (3) the j date the entire sugarcane crop on the unit is ? destroyed, as determined by the Corpora- > tion. The Corporation reserves the right to provide additional time if it determines that circumstances beyond the control of the insured prevent compliance with this provision.
(c) If a loss is to be claimed on any unit, the stalks on unharvested acreage and the stubble remaining on harvested acreage shall be left intact until the Corporation makes an inspection.
(d) There shall be no abandonment to the Corporation of any insured sugarcane.
10. Claim for indemnity, (a) Any claim for indemnity on a unit shall be submitted to the Corporation on a form prescribed by the Corporation.
(b) It shall be a condition precedent to the payment of any indemnity that the insured:(1) Establish the total production of sugarcane on the unit, and that any loss of production has been directly caused by one or more of the causes insured against during the insurance period of the crop year for which the indemnity is claimed and (2) furnish any other information regarding the amount of production as may be required by the Corporation.
(c) Indemnities shall be determined separately for each unit. The amount of indemnity for any unit shall be determined by: (1) Multiplying the insured acreage of sugarcane on the unit by the applicable production guarantee per acre, which product shall be the production guarantee for the unit,(2) subtracting therefrom the total produc-
Adjustments for favorable continuous experience
Number years continuous experience through previous crop year
0 1 2 3 4 5 6 7 8 ormore
Loss ratio through previous crop yean
0 to .49........ ..........0.50 to .89.............0.90 to 1.09______
[Percentage adjustment factor for current crop year!
100 100 95 95 90 85 80 75 70100 100 100 100 95 90 85 80 75100 100 100 100 100 100 100 100 100
Adjustments for unfavorable insurance experience
Number of years indemnified through previous crop year
9 10 ormore
Loss ratio through previous crop yean1.10 to 1.19............. 1001.20 to 1.39................................... 1001.40 to 1.69................ 1001.70 to 1.99................................... 1002.00 to 2.49....... 1002.50 to 3.24____________ 1003.25 to 3.99................................... 1004.00 to 4.99.......... 1005.00 to 5.99................................... 1006.00 up.... ...................................... 100
Percentage adjustment factor for current crop year100100102103104105106107108 110
100103105107109111113115117120
103106109112115118121124127130
104109113118122127131136140145
106112118124130136142148154160
108116124132140148156164172180
110120130140150160170180190200
112125137150162175187200212225
115130145160175190205220235250
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36427tion of standard sugarcane to be counted for the unit, (3) multiplying the remainder by the applicable price for computing indemnities, (4) multiplying the result obtained in step (3) by the insured share: Provided, That if the premium computed on the determined acreage and share is more than the premium computed on the reported acreage and share, the amount of indemnity shall be computed on the determined acreage and share and then reduced proportionately.
(d) The total production of standard sugarcane to be counted for a unit shall be determined by the Corporation and, subject to the provisions hereinafter, shall include all harvested production and any appraisals made by the Corporation for: (1) Stubble acreage with insufficient stand at the time of inspection as provided in subsection (e) of this section, (2) unharvested or potential production, (3) poor farming practices, (4) uninsured causes of loss, or (5) acreage abandoned or put to another use without the consent of the Corporation. Any appraisals made by the Corporation and any harvested production not processed for sugar shall be in net tons and considered as standard sugarcane, except as provided in subsection (f) of this section. For acreage abandoned or put to another use without prior written consent of the Corporation and acreage damaged solely by an uninsured cause, the total production to be counted shall be not less than the applicable production guarantee provided for such acreage.
Ce) An appraisal for inadequate stand shall be made on any stubble acreage of sugarcane when the stand at the time of inspection is less than 1,000 plants for each ton of harvested guarantee. The per acre appraisal shall be the number of tons by which the harvested guarantee per acre exceeds the number of tons determined by converting the plant population per acre to tons at the rate of 1,000 plants per ton.
(f) The production to be counted of any sugarcane damaged by freeze occurring within the insurance period to the extent that processing of such cane adversely affects boiling house operations, as determined by the Corporation, shall be adjusted by the factor obtained by dividing the value of such damaged sugarcane by the value of undamaged standard sugarcane, as determined by the Corporation.
(g) In the event that any claim for indemnity under the provisions of the contract is denied by the Corporation, an action on such claim may be brought against the Corporation under the provisions of 7 U.S.C. 1508(c): Provided, that the same is brought within one year after the date notice of denial of the claim is mailed to and received by the insured.
11. Payment of indemnity, (a) Any indemnity will be payable within 30 days after a claim for idemnity is approved by the Corporation. However, in no event shall the Corporation be liable for interest or damages in connection with any claim for idemnity whether such claim be approved or, disapproved by the Corporation.
(b) If the insured is an individual who dies or is judicially declared incompetent, or the insured entity is other than an individual and such entity is dissolved after the sugarcane is planted for any crop year, any in
demnity will be paid to the person(s) the Corporation determines to be beneficially entitled thereto.
12. Misrepresentation and fraud. The Corporation may void the contract without affecting the insured’s liability for premiums or waiving any right, including the right to collect any unpaid premiums if, at any time, the insured has concealed or misrepresented any fact or committed any fraud relating to the contract, and such voidance shall be effective as of the beginning of the crop year with respect to which such act or omission occurred.
13. Other insurance against fire, (a) If the insured has other insurance against damage by fire during the insurance period, the Corporation shall be liable for loss due to fire for only the smaller of: (1) The amount of indemnity determined hereunder without regard to any other insurance, or (2) the amount, as determined by the Corporation, by which the loss from fire exceeds the indemnity paid or payable under any other insurance.
(b) For purposes of this section, the amount of loss from fire shall be the difference between the fair market value of the production on the unit involved before and after the fire, as determined by the Corporation.
14. Collateral assignment Upon approval of a form prescribed by the Corporation, the insured may assign to another party the right to an indemnity for the crop year and such assignee shall have the right to submit the loss notices and forms as required by the contract.
15. Transfer of insured share. If the insured transfers all or any part of the insured share during the crop year, upon approval by the Corporation, protection will continue to be provided according to the provisions of the contract to the transferee for such crop year on the transferred share, and the transferee shall have the same rights and responsibilities under the contract as the transferor for the current crop year. Any transfer shall be made on a form prescribed by the Corporation.
16. Subrogation. The insured (including any assignee or transferee) assigns to the Corporation all rights of recovery against any person for loss or damage to the extent that payment hereunder is made and shall execute all papers required and take appropriate action to secure such rights.
17. Records and access to farm. The insured shall keep or cause to be kept for two years after the time of loss, records of the harvesting, storage, shipments, sale or other disposition of all sugarcane in the county in which the insured has a share, including spearate records showing the same information for production from any uninsured acreage. Any persons designated by the Corporation shall have access to such records and the farm for purposes related to the contract.
18. Forms. Copies of forms referred to in the contract are available at the office for the county.
19. Contract changes. The Corporation reserves the right to change any terms and provisions of the contract from year to year. Any changes shall be mailed to the insured or placed on file and made available for public inspection in the office for the
county at least 15 days prior to the applicable cancellation date, and such m ailin g or filing shall constitute notice to the insured. Acceptance of any changes will be conclusively presumed in the absence of any notice from the insured to cancel the contract as provided in Section 20.
20. Life of Contract: Cancellation and termination. (a) The contract shall be in effect for the crop year specified on the application, and may not be canceled for such crop year. Thereafter, either party may cancel insurance for any crop year by giving written notice to the other by the cancellation date shown in subsection (b) of this section
(b) For each crop year of the contract the cancellation date shall be the July 31 pre- ceeding the beginning of the crop year. The termination date for indebtedness shall be the August 31 of the next succeeding calendar year.
(c) If the premium for any crop year is not paid by the termination date for indebtedness shown in subsection (b) of this section, the contract shall terminate: Provided, That (1) the date of payment for premium, deducted from an indemnity claim shall be the date the insured signs such claim, or deducted from payment under another program administered by the U.S. Department of Agriculture shall be the date such payment was approved or (2) the insured has not complied with a request by the Corporation for satisfactory arrangements for payment of the premium for the following crop year.
(d) If no premium is earned for three consecutive years, the contract shall terminate.
(e) If the insured is an individual who dies or is judicially declared incompetent, or the insured entity is other than an individual and such entity is dissolved, the contract shall terminate as of the date of death, judicial declaration, or dissolution; however, if such event occurs after insurance attaches for any crop year, the contract shall continue in force through such crop year and terminate at the end thereof. Death of a partner in a partnership shall dissolve the partnership unless the partnership agreement provides otherwise. If two or more persons having a joint interest are insured jointly, death of one of the persons shall dissolve the joint entity.
(f) In the absence of a notice from the insured to cancel, and subject to the provisions of subsections (b), (c), (d), and (e) of this section, the contract shall continue in force for each succeeding crop year.
N ote.—The reporting requirements con- . tained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942 and OMB Circular No. 840.
Approved by the Board of Directors on August 8,1978.
P eter P . Cole, Secretary, Federal
Crop Insurance Corporation.Approved August 14, 1978.
B ob B ergland,Secretary.
[FR Doc. 78-23097 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36428 RULES AND REGULATIONS
[3410-02]CHAPTER IX— AGRICULTURAL MAR
KETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE
[Valencia Orange Reg. 602]PART 908— VALENCIA ORANGES
GROWN IN ARIZONA AND DESIGNATED PART OF CALIFORNIA
Limitation of Handling AGENCY: Agricultural Marketing Service, USDA.ACTION: Final rule.SUMMARY: This regulation establishes the quantity of fresh Califomia- Arizona Valencia oranges that may be shipped to market during the period August 18-24, 1978. Such action is needed to provide for orderly marketing of fresh Valencia oranges for this period due to the marketing situation confronting the orange industry. EFFECTIVE DATE: August 18, 1978. FOR FURTHER INFORMATION CONTACT:
Charles R. Brader, 202-447-6393.SUPPLEMENTARY INFORMATION: Findings. Pursuant to the marketing agreement, as amended, and Order No. 908, as amended (7 CFR Part 908), regulating the handling of Valencia oranges grown in Arizona and designated part of California, effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601- 674), and upon the basis of the recommendations and information submitted by the Valencia Orange Admin- strative Committee, established under this marketing order, and upon other in form ation , it is found that'the limitation of handling of Valencia oranges, as hereafter provided, will tend to effectuate the declared policy of the act.
The committee met on August 15, 1978, to consider supply and market conditions and other factors affecting the need for regulation and recommended a quantity of Valencia oranges deemed advisable to be handled during the specified week. The committee reports the demand for Valencia oranges continues to be reasonably strong.
It is further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rulemaking, and post
pone the effective date until 30 days after publication in the F ederal R egister (5-U.S.C. 553), because of insufficient time between the date when information became available upon which this regulation is based and the effective date necessary to effectuate the declared policy of the act. Interested persons were given an opportuni
ty to submit information and views on the regulation at an open meeting. It is necessary to effectuate the declared purposes of the act to make these regulatory provisions effective as specified, and handlers have been apprised of such provisions and the effective time.§ 908.902 Valencia Orange Regulation 602.
Order, (a) The quantities of Valencia oranges grown in Arizona and California which may be handled during the period August 18, 1978, throughAugust 24, 1978, are established as follows:
(1) District 1: 216,000 cartons;(2) District 2: 384,000 cartons; and(3) District 3: Unlimited.(b) As used in this section, “han
dled,” “District 1,” “District 2,” “District 3,” and “carton” mean the same as defined in the marketing order.(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)
Dated: August 16,1978.W illiam T. M anley, Deputy Administrator,
Agricultural Marketing Service.[FR Doc. 78-23304 Filed 8-16-78; 11:37 am]
[6705-01]Title 12— Banks and Banking
CHAPTER V I— FARM CREDIT ADMINISTRATION
PART 613— ELIGIBILITY AND SCOPE OF FINANCING
Federal Land Bank and Production Credit Association Loans; Correction
AGENCY: Farm Credit Administration.ACTION: Correction and final rule.SUMMARY: The Farm Credit Administration, by its Federal Farm Credit Board, took final action to amend its regulations which set forth the eligibility requirements for obtaining Federal land bank and production credit association loans. This action is necessary to show the correct reference to a subpart of the recently revised § 613.3040.
In the F ederal R egister publication of the revision to §613.3040 (43 FR 16446), paragraphs (d) and (e) were inadvertently omitted. These sections are set forth below for the convenience of the reader. They include the correction referred to above and are effective as of April 4, 1978, the date of the revision of § 613.3040.,EFFECTIVE DATE: April 4, 1978.FOR FURTHER INFORMATION CONTACT:
Lee R. Brobst, Acting Deputy Gover-
nor, Office of Administration, FarmCredit Administration, 490 L’EnfantPlaza SW., Washington, D.C. 20578,202-755-2181.
SUPPLEMENTARY INFORMATION: This action corrects a reference, made under §613.3040 (e)(2), to the newly revised § 613.3040 (a) through <[d). Specifically, the section referred to as “§ 613.3040(b)” is now “§ 613.3040(a).”
Since this addition is a technical correction, it is found that notice of proposed rulemaking is unnecessary to the public interest.
Chapter VI of title 12 of the Code of Federal Regulations is amended by adding §613.3040 (d) and (e) as follows:§ 613.3040 Rural residents.
* * * * *
(d) Program limitations. The rural home lending program shall be operated within the following limitations:
(1) Rural home lending in a district may be implemented only with the approval of the district board. Implementation at the association level is within the discretion of the association board. Upon implementation, such loan service shall be made available to all eligible persons.
(2) No Federal land bank may at any time have outstanding rural residence loans in an amount exceeding 15 percent of the total of all loans outstanding. No production credit association may have outstanding rural residence loans in an amount exceeding 15 percent of its total loans outstanding at the end of the preceding fiscal year, without prior approval by the Federal intermediate credit bank of the district, nor shall the aggregate of such loans exceed 15 percent of the outstanding loans of all associations in the district at the end of the bank’s preceding fiscal year.
(3) Whenever any Federal land bank association or production credit association exceeds 15 percent of its total loan volume in rural residence loans, the respective bank board shall require the bank to make periodic reviews to assure that farmers’ credit needs are being adequately served in accordance with the objectives of the act.
(4) Should circumstances arise which curtail loan funds for the system, agricultural loans shall receive priority to the exclusion of rural home loans.
(e) Identification. All loans made under the rural home lending program shall be separately identified.
(1) In making such identification, a rural residence is a property which does not have the capacity to produce farm products for sale on a sustained
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
basis, or if it has that capacity is not intended to be used in that manner.
(2) Housing loans for homes used in farming operations or immediate family needs to farmers and ranchers may be identified as farm loans «if the borrower’s agricultural operation represents more than 50 percent of his total business. Such loans are not subject to the area and price limitation of § 613.3040(a) or the 15-percent limitation of § 613.3040(d).(Secs. 5.9, 5.12, 5.18, 85 Stat. 619, 620, 621.)
C. T. F redrickson, Acting Governor,
Farm Credit Administration.[FR Doc. 78-22976 Filed 8-16-78; 8:45 ami
[4910-13]Title 14— Aeronautics and Space
CHAPTER I— FEDERAL AVIATIO N ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
[Airworthiness Docket No. 78-ASW-36; Arndt. 39-32791
PART 39— AIRWORTHINESS DIRECTIVES
Mooney Aircraft Corp. Models M20C, M20F, and M20J Airplanes
AGENCY; Federal Aviation Administration (FAA), DOT.ACTION: Final rule.SUMMARY: This amendment adopts a new airworthiness directive (AD) which consists of requiring the enlargement of the emergency locator transmitter antenna mounting hole in the aircraft skin on Mooney Aircraft Corp. Models M20C, M20F, and M20J airplanes. This amendment is needed to assure that the emergency locator transmitter will radiate when activated during emergency conditions.DATES: Effective August 21, 1978. Compliance schedule—As prescribed in body of this AD.ADDRESSES: The applicable service bulletins may be obtained from Mooney Aircraft Corp., P.O. Box 72, Kerrville, Tex. 78028. A copy of Mooney Service bulletin No. M20-213 is contained in the rules docket, Room 916, 800 Independence Avenue SW., Washington, D.C. 20591, or Office of the Regional Counsel, Building 3B, Room 100, 4400 Blue Mound Road, Fort Worth, Tex.FOR FURTHER INFORMATION CONTACT:
Neil B. Christenson, Systems and Equipment Section, Engineering and Manufacturing Branch, telephone 817-624-4911, extension 505.
RULES AND REGULATIONS
SUPPLEMENTARY INFORMATION: There have been instances of emergency locator transmitter antenna grounding reported on Mooney models M20C, M20F, and M20J airplanes. The antenna grounding prevents the emergency locator transmitter from radiating a proper signal when activated during emergency conditions. This creates a hazardous situation. Since this condition is likely to exist on other airplanes of the samé design, an airworthiness directive is being issued which requires enlargement of the emergency locator transmitter antenna mounting hole in the aircraft skin on Mooney Aircraft Corp. models M20C, M20F, and M20J airplanes.
The above-noted hazardous situation can be remedied by the immediate adoption of this regulation. Therefore, it is found that notice and public procedure hereon are impracticable, and good cause exists for making this amendment effective in less than 30 days.
Drafting Information
The principal authors of this document are Neil B. Christenson, Southwest Region Flight Standards Division, and Joseph A. Kovarik, Regional Counsel, Southwest Region, Federal Aviation Administration, 4400 Blue Mound Road, Fort Worth, Tex. 76106.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, §39.13 of part 39 of the Federal Aviation regulations (14 CFR 39.13) is amended, by adding the following new airworthiness directive:M ooney A ircraft Corp. Applies to model
M20C, serial Nos. 20-1186 through 20- 1258, M20F, serial Nos. 22-1306 through 22-1486, and M20J, serial Nos. 24-0001 through 24-0454 airplanes, with Pacific Communications, Inc., Aircraft Products Division, model Alert 50, part No. 01070- 5, emergency locator transmitter system installed.
Compliance is required as indicated.To assure that the emergency locator
transmitter will radiate a proper signal when activated during emergency conditions, accomplish the following:
1. Rework the aircraft skin in accordance with Mooney Aircraft Corp. service bulletin M20-213, dated July 21, 1978, within 10 hours’ operating time but no later than 30 days from the effective date of this AD.
2. Upon completion of the Mooney service bulletin No. 20-213 instructions, measure the resistance between the antenna and the aircraft skin using an appropriate meter and assure that a reading of 9,000 to 13,000 ohms is obtained. Determine that the ELT transmits properly by testing it in accordance with FAA Advisory Circular No. 91-44 or 20-81.
3. The manufacturer’s specifications and procedures identified and described in this directive are vincorporated herein and made a part hereof pursuant to 5 U.S.C. 552(a)(1). All persons affected by this directive who
36429
have not already received these documents from the manufacturer may obtain copies upon request to Mooney Aircraft Corp., P.O. Box 72, Kerrville, Tex. 78028. These documents may also be examined at Southwest Regional Office, Regional Counsel, Building 3B, Room 100, 4400 Blue Mound Road, Fort Worth, Tex., and at FAA headquarters, 800 Independence Avenue SW., Washington, D.C. A historical file on this AD which includes the incorporated material in full is maintained by the FAA at its headquarters in Washington, D.C., and at Southwest regional office in Fort Worth, Tex.
This amendment becomes effective August 21,1978.(Secs. 313(a), 601, 603, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1423; sec. 6(c), Department of Transpor- • tation Act (49 U.S.C. 1655(c)); 14 CFR 11.89).)
Note.—The Federal Aviation Administration has determined that this document ■ does not contain a major proposal requiring ; preparation of an economic impact state- , ment under Executive Order 11821, as 3 amended by Executive Order 11949, and 1 OMB Circular A-107.'• I
Issued in Fort Worth, Tex., on August 3,1978.
H enry L. Newman, Director, Southwest Region. I
Note.—The incorporation by reference | provisions in this document was approved ' by the Director of the Federal Register on « June 19, 1967.
[FR Doc. 78-22816 Filed 8-16-78; 8:45 am] {
[4910-13]
[Docket No. 77-CE-20-AD; Amdt. 39-3280] iPART 39-AIRW ORTHINESS
DIRECTIVES
Beech 65, 70, and 90 Series Airplanes ;AGENCY: Federal Aviation Adminis- j tration (FAA), DOT.ACTION: Final rule (revision).SUMMARY: This amendment revises ] airworthiness directive (AD) 77-22-01, ! applicable to certain Beech 65, 70, and ■ 90 series airplanes, by referring to a ] later version of Beechcraft service i instructions No. 0755-103 which incor- | porates a new procedure for the onetime inspection of the bushing instal- j lations in the stabilizer aft spars. A brief summary of the new inspection procedure is included in the AD revision and will relieve owners/operators from the present requirement to remove the horizontal stabilizers for the bushing installation inspection.EFFECTIVE DATE: August 23,1978.FOR FURTHER INFORMATION CONTACT:
William L. (Bud) Schroeder, Aero- | space Engineer, Engineering and Manufacturing Branch, FAA, Cen- I tral Region, 601 East 12th Street, j
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36430
Kansas City, Mo. 64106, telephone816-374-3446.
SUPPLEMENTARY INFORMATION: This amendment revises Amendment 39-3066 (42 FR 56598-56599), AD 77-22-01, which currently requires a onetime inspection of both horizontal stabilizers aft spar to fuselage attachments for proper installation of bushings and clearance and repetitive inspections of the fuselage station 380.00 bulkhead and associated components for cracks until certain new improved components are installed. The AD currently requires removal of both horizontal stabilizers for the one-time bushing installation inspection. Subsequent to issuance of AD 77-22-01, the manufacturer developed a procedure for accomplishing the bushing installation inspection without removing the horizontal stabilizers. The new procedure is incorporated in revision II of Beechcraft service instructions No. 0755-103 which the manufacturer has made available for owners/opera- tors of affected airplanes.
The FAA has determined that the new inspection procedure will accomplish its intended function and, if made mandatory, will result in a considerable savings in maintenance manhours and aircraft downtime for those airplanes on which the bushings are properly installed. Therefore, the FAA is revising amendment 39-3066 by changing the lead-in statement of the AD to refer to revision II of Beech- craft service instructions No. 0755-103 and deleting the requirement for removal of the horizontal stabilizers in paragraphs (A)2, (A)3, and (A)4 of theAD.
Since this amendment is relieving in nature and imposes no additional burden on any person, notice and public procedure hereon are impracticable and good cause exists for making this amendment effective in less than 30 days after the date of publication in the F ederal R egister.
D rafting Information
The principal authors of this document are: William L. (Bud) Schroeder, Flight Standards Division, Central Region, and John L. Fitzgerald, Jr., Office of the Regional Counsel, Central Region.
Adoption of Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, §39.13 of Part 39 of the Federal Aviation regulations (14 CFR 39.13) is amended by amending amendment 39- 3006 (42 FR 56598-56599), AD 77-22- 01, as follows:
(1) Delete “Revision 1” in the paragraph immediately preceding paragraph (A) and add “Revision II” in its place.
RULES AND REGULATIONS
(2) In paragraph (A)2 delete the last five words therein, namely: “during reinstallation of the stabilizers.” and add a period after the word “Instructions”.
(3) Delete paragraph (A)3 in its entirety and in its place, set forth the following new paragraph (A)3:
“3. Remove the aft spar attach bolts one at a time and, using a suitable feeler gauge, check for protrusion of the attach point bushing from the forward surface of the spar. If the forward face of the bushings is not flush with the front surface of the spar, complete removal of the stabilizer, and prior to reinstallation, correct by filing or grinding the bushings flush with the front surface of the spar.”
(4) In paragraph (A)4 after the word “stabilizers,” add the words “if removed.”
This amendment becomes effective August 23, 1978.(Secs. 313(a), 601, 603, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1423); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)); § 11.89, Federal Aviation regulations (14 CFR sec. 11.89).)
N ote: The Federal Aviation Administration has determined that this document does not contain a major proposal requiring preparation of an economic impact statement under Executive Order 11821, as amended by Executive Order 11949, and OMB Circular A-107.
Issued in Kansas City, Mo., on August 7,1978.
C. R. M elugin, Jr., Director, Central Region.
[FR Doc. 78-22818 Filed 8-16-78; 8:45 am]
[4910-13]
[Docket No. 78-NE-09; Amdt. 39-3281]PART 39— AIRWORTHINESS
DIRECTIVES
Pratt & Whitney JT8D -9, -9A, -1 1 , - 15, -1 7 , and -17R Turbofan Engines
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Final rule.SUMMARY: This amendment adopts a new airworthiness directive (AD) which requires eddy current inspection for cracks of certain front compressor front hub blade slots. The AD is needed to detect cracks, originating in the blade slot, which could result in complete fracture of blade retention lugs and liberation of first stage fan blades.DATES: Effective date—September 20, 1978. Compliance schedule—As prescribed in the body of the AD.ADDRESSES: The applicable service bulletin may be obtained from Pratt & Whitney Aircraft, Division of United
Technologies Corp., 400 Main Street, East Hartford, Conn. 06108. A copy of the service bulletin is contained in the Rules Docket, Room 916, 800 Independence Avenue SW., Washington, D.C. 20591, or Rules Docket, Office of the Regional Counsel, New England Region, 12 New England Executive Park, Burlington, Mass. 01803.FOR FURTHER INFORMATION CONTACT:
Jay J. Pardee, Propulsion Section (ANE-214), Engineering and Manufacturing Branch, Flight Standards Division, Federal Aviation Administration, New England Region, 12 New England Executive Park, Burlington, Mass. 01803, telephone 617- 273-7347.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation regulations to include an airworthiness directive requiring an eddy current inspection for cracks of certain front compressor front hub blade slots was published in the F ederal R egister at 43 FR 21463. The proposal was prompted by reports of cracks occurring in the blade slots of certain part numbered front compressor front hubs. These have progressed from multiple origins near the center of the blade slot pressure face at the edge of a galled area caused by blade root contact. In one instance, a complete fracture of a blade retention lug occurred liberating two adjacent first stage fan blades which caused massive engine damage. Two additional front compressor front hubs were found cracked at retirement. Other front compressor front hubs, inspected as part of a sampling program, were uncracked but had galled areas in the center of the blade slot pressure face.
Since this condition is likely to exist or develop in other engines of the same type design, the AD requires a repetitive eddy current inspection of front compressor front hubs, in accordance with Pratt & Whitney Aircraft alert service bulletin No. 4841, revision 1, for cracks in the blade slot pressure face area. The repetitive eddy current inspection requirements of this AD will apply to front compressor front hubs, P/N’s 594301, 791801, 640601, 743301, 750101, and 749801. The proposed initial inspection at13,000 cycles is based on known failure statistics. The repetitive inspection interval of 6,000 cycles is based of crack propagation analysis.
Interested persons have been afforded an opportunity to participate in the making of the amendment. No objections were received. Accordingly, the proposal is adopted without change.
D rafting I nformation
The principal authors of this document are Jay J. Pardee, Propulsion
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
Section, Engineering and Manufacturing Branch, and George L. Thompson, Office of the Regional Counsel, New England Region.
Adoption op the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, §39.13 of part 39 of the Federal Aviation regulations (14 CFR 39.13) is amended by adding the following new airworthiness directive:P ratt & W hitn ey A ircraft: Applies to
Pratt & Whitney Aircraft JT8D -9, -9A, -11, -15, -17, and -17R turbofan engine models.
Compliance required as indicated, unless already accomplished.
To detect cracks in front compressor front hubs, P/N’s 594301, 791801, 640601V743301, 750101, and serial numbered P/N 749801, except those listed in Pratt & Whitney Aircraft alert service bulletin No. 4841, revision 1, dated March 15, 1978, or later FAA-ap- proved revision, which could result in fracture of the retention lugs and release of first stage fan blades, accomplish the following:
Inspect front compressor front hubs for cracks in the blade slots in accordance with Pratt & Whitney Aircraft alert service bulletin No. 4841, revision 1, dated March 15, 1978, or later FAA-approved revision, or equivalent means approved by the Chief, Engineering and Manufacturing Branch, New England Region, prior to the accumulation of 13,000 cycles, since new, or within 2,000 cycles time in service after the effective date of this AD, whichever is later. Disks inspected prior to 13,000 cycles must be reinspected prior to accumulating an additional 6,000 cycles or upon reaching 13,000 cycles, whichever is later.
Inspect thereafter at intervals not to exceed 6,000 cycles in service since last inspection. Remove cracked front compressor front hubs before further flight.
Upon request of the operator, an FAA maintenance inspector, subject to prior approval of the Chief, Engineering and Manufacturing Branch, FAA, New England Region, may adjust the inspection intervals specified in this AD to permit compliance at an established inspection period of the operator if the request contains substantiating data to justify the increase for that operator.
The manufacturer’s alert service bulletin identified and described in this directive is incorporated herein and made a part hereof pursuant to 5 U.S.C. 552(a)(1). All persons affected by this directive who have not already received this document from the manufacturer may obtain copies upon request to Pratt & Whitney Aircraft, Division of United Technologies Corp., 400 Main Street, East Hartford, Conn. 06108. This document may also be examined at Federal Aviation Administration, New England Region, 12 New England Executive Park, Burlington, Mass. 01803, and at FAA Headquarters, 800 Independence Avenue SW., Washington, D.C. 20591. A historical file on this AD which includes the incorporated material in full is maintained by the FAA at its headquarters in Washington, D.C., and at New England region.
This amendment becomes effective September 20, 1978.
RULES AND REGULATIONS
(Secs. 313(a), 601, 603, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, 1423); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)); 14 CFR 11.89.)
Issued in Burlington, Mass., on August 8,1978.
R obert E. W hittington , Director, New England Region.
N ote.—The incorporation by reference provisions of this document was approved by the Director of. the Federal Register on June 19, 1967.
[FR Doc. 78-22819 Filed 8-16-78; 8:45 am]
[4 9 lb -1 3 ]
[Airspace Docket No. 78-WA-10]
PART 71— DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CONTROLLED AIRSPACE, AND REPORTING POINTS
Alteration of Reporting Points; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Correction to final rule.SUMMARY: In a rule published in the F ederal R egister of July 13, 1978, Vol. 43, page 30042, the WIDTH reporting point was incorrectly changed to Lat. 57°21'23" N., Long. 155°53'17" W., in the first amendatory paragraph on page 30043. The reporting point should have been changed to Lat. 57°20'35" N., Long. 155°59'16" W. This correction reflects the correct lqcation of the WIDTH reporting point. In addition, the effective date of that amendment is changed from September 7,1978, to November 2, 1978.EFFECTIVE DATE: August 17, 1978.FOR FURTHER INFORMATION CONTACT:
Mr. Everett L. McKisson, Airspace Regulations Branch (AAT-230), Airspace and Air Traffic Rules Division, Air Traffic Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591, telephone 202-426-3715.
SUPPLEMENTARY INFORMATION: FR Doc. 78-19238 was published on July 13, 1978 (43 FR 30042) and amended the location of the WIDTH reporting point as a result of the relocation of - the Port Heiden, Alaska, radio beacon (NDB). Computation of this reporting point location was inadvertently predicated on the King Salmon, Alaska, outer marker of the instrument landing system rather than the NDB that is presently being used. The location of the WIDTH reporting point is Lat. 57°20'34.940" N., Long. 155°59'16.207" W. Therefore,
36431
action is taken herein to correct this error.
D rafting I nformation
The principal authors of this document are Mr. Everett L. McKisson, Air Traffic Service, and Mr. Richard W. Danforth, Office of the Chief Counsel.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, FR Doc. 78-19238 as published in the F ederal R egister on July 13, 1978, starting on page 30042 is amended in the first paragraph of the first column of page 30043 by deleting “Lat. 57°21'23" N., Long. 155°53'17" W.” and substituting “Lat. 57°20'35" N., Long. 155°59'16" W.” therefor. In addition, the effective date “September 7” is deleted and “November 2” is substituted therefor where it appears in two places.(Secs. 307(a) and 313(a), Federal Aviation Act of 1958 (49 U.S.C. 1348(a) and 1354(a)); sec. (c), Department of Transportation Act (49 U.S.C. 1655(c)); and 14 CFR 11.69.)
N ote.—The FAA has determined that this document does not contain a major proposal requiring preparation of an economic impact statement under Executive Order 11821, as amended by Executive Order 11949, and OMB Circular A-107.
Issued in Washington, D.C., on August 8, 1978.
B. K eith P otts, Acting Chief, Airspace and
Air Traffic Rules Division.[FR Doc. 78-22815 Filed 8-16-78; 8:45 am]
[4910-13]
[Airspace Docket No. 78-NE-07]
PART 71— DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CONTROLLED AIRSPACE, AND REPORTING POINTS
Alteration of the Concord, N.H., Control Zone
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Final rule.SUMMARY: This amendment changes the description of the Concord, N.H. control zone to provide more controlled airspace for aircraft executing a new VOR/DME instrument approach procedure which has been developed for the Concord Municipal Airport.EFFECTIVE DATE: November 2, 1978.FOR FURTHER INFORMATION CONTACT:
Richard G. Carlson, Operations Pro-
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36432
cedures and Airspace Branch, ANE-536, Air Traffic Division, FederalAviation Administration, 12 NewEngland Executive Park, Burlington,Mass. 01803, telephone 617-273-7285.
SUPPLEMENTARY INFORMATION: On May 15, 1978, the Federal Aviation Administration published a notice proposing to enlarge the Concord, N.H. control zone by adding an extension area of approximately three (3) miles in depth and four (4) miles in width northwest of the Concord, N.H. VORTAC. This amendment will provide additional controlled airspace for aircraft executing the new VOR/DME instrument approach procedure to Concord Municipal Airport, Concord,N.H. Interested persons were invited to participate in this rulemaking process by submitting written comments on the proposal to the FAA.
No objections were received.D rafting I nformation
The principal authors of this document are Richard G. Carlson, Air Traffic Division, New England Region, and George L. Thompson, Associate Regional Counsel, New England Region.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator the description of the Concord,N.H. control zone in part 71, §71.171 of the Federal Aviation Regulations (14 CFR 71.171) is amended, effective 0901 G.m.t., November 2, 1978, by adding the following:
And within two (2) miles each side of the Concord, N.H. VORTAC, 284° radial extending from the five (5) mile radius zone to three (3) miles north of the VORTAC.(Sec. 307(a), Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C 1348(a)), sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c).)
Issued in Burlington, Mass., on July28,1978.
R obert. E. W hittington , Director, New England Region.
[FR Doc. 78-22817 Filed 8-16-78; 8:45 ami
[4910- 13]
[Airspace Docket No. 78-SO-381
PART 71— DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CONTROLLED AIRSPACE, AND RE- PORTING POINTS
Designation of Transition Area, Hawesville, Ky.
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Final rule.
RULES AND REGULATIONS
SUMMARY: This rule designates a 700-foot transition area in the vicinity of Hawesville, Ky. This action provides necessary airspace for accommodation of Instrument Flight Rules (IFR) operations at Hancock Airfield.EFFECTIVE DATE: 0901 GMT, September 7, 1978.ADDRESS: Federal Aviation Administration, Chief, Air Traffic Division, P.O. Box 20636, Atlanta, Ga. 30320.FOR FURTHER INFORMATION CONTACT:
Ronald T. Niklasson, Airspace andProcedures Branch, Federal AviationAdministration, P.O. Box 20636, Atlanta, Ga. 30320; telephone: 404-763-,7646.
SUPPLEMENTARY INFORMATION: A Notice of Proposed Rulemaking was published in the F ederal R egister on Thursday, June 15, 1978 (43 FR 25836) which proposed the designation of the Hawesville, Ky., transition area. No objections were received from this Notice. The airport operating status is accordingly changed from VFR to IFR.
D rafting I nformation
The principal authors of this document are Ronald T. Niklasson, Airspace and Procedures Branch, Air Traffic Division, and Keith S. May, Office of Regional Counsel.
Adoption of the Amendment
Accordingly, Subpart G, §71.181 (43 FR 440) of Part 71 of the Federal Aviation Regulations (14 CFR 71) is amended, effective 0901 GMT, September 7, 1978, by adding the following:
H awesville, K y .That airspace extending upward from 700
feet above the surface within an 8-mile radius of Hancock Airfield (Lat. 37°56'40" N., Long. 86°47'35" W.); excluding the portion which coincides with the Tell City, Ind., Transition Area.(Sec. 307(a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1348(a)) and sec. 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c).)
N ote.—The Federal Aviation Administration has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11821, as amended by Executive Order 11949, and OMB Circular A-107.
Issued in East Point, Ga., on August8,1978.
G eorge R. LaCaille,
Acting Director, Southern Region.
[FR Doc. 78-23038 Filed 8-16-78; 8:45 am]
[6750-01]Title 16— Commercial Practices
CHAPTER I— FEDERAL TRADE COMMISSION
[Docket No. 8891]
PART 13— PROHIBITED TRADE PRACTICES, AND AFFIRMATIVE CORRECTIVE ACTIONS
Warner-Lambert Co. AGENCY: Federal Trade Commission.ACTION: Modification of order to cease and desist.SUMMARY: This modified order to cease and desist is issued pursuant to a decision and judgment of the U.S. Court of Appeals for the District of Columbia. The words “[clontrary to prior advertising” have been deleted from the disclosure statement required in part III of the original order to cease and desist issued December 9, 1975.DATES: Final order issued December 9, 1975. Modifying order issued July20,1978.1FOR FURTHER INFORMATION CONTACT:
Albert H. Kramer, Director, Bureau of Consumer Protection, Federal Trade Commission, Sixth Street and Pennsylvania Avenue NW., Washington, D.C. 20580, 202-523-3727.
SUPPLEMENTARY INFORMATION: In the matter of Warner-Lambert Co., a corporation. The prohibited trade practices and/or corrective actions, as codified under 16 CFR Part 13, appearing at 41 FR 2381, remains unchanged.(Sec. 6, 38 Stat. •721 (15 U.S.C. 46). Interprets or applies sec. 5, 38 Stat. 719, as amended (15 U.S.C. 45).)
The order modifying order to cease and desist, is as follows:M odified O rder T o Cease and D esist
Respondent, having filed in the U.S. Court of Appeals for the District of Columbia Circuit a petition for review of the Commission’s cease-and-desist order issued herein on December 9, 1975; and the court having rendered its decision and judgment on August 2, 1977, affirming and enforcing the Commission’s order with modification of part III; and the Supreme Court of the United States having denied on April 3, 1978, petitions for writs of certiorari filed by the parties:
Now, therefore, it is hereby ordered, That the aforesaid order to cease and desist be, and it hereby is, modified in
’Copies of the modifying order filed with the original document.
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36433accordance with the decision and judgment of the court of appeals to read as follows:
Order
i .It is ordered, That respondent
Warner-Lambert Co., a corporation, its successors and assigns and respondent’s officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the labeling, advertising, offering for sale, sale, or distribution of Listerine or any other nonprescription drug product in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1. Representing, directly or by implication, that any such product will cure colds or sore throats;
2. Representing, directly or by implication, that any such product will prevent colds or sore throats;
3. Representing, directly or by implication, that users of any such product will have fewer colds than nonusers.
il.It is further ordered, That respon
dent Warner-Lambert Co., a corporation, its successors and assigns and respondent’s officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the labeling, advertising, offering for sale, sale, or distribution of Listerine or any other mouthwash product in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1. Representing, directly or by implication, that any such product is a treatment for, or will lessen the severity of, colds or sore throats;
2. Representing that any such product will have any significant beneficial effect on the symptoms of sore throats or any beneficial effect on symptoms of colds;,
3. Representing that the ability of any such product to kill germs is of medical significancè in the treatment of colds or sore throats or the symptoms of colds or sore throats.
h i.It is further ordered, That respon
dent Warner-Lambert Co., a corporation, its successors and assigns, and respondent’s officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, do forthwith cease and desist from disseminating or causing the dissemination of any advertisements for the product Listerine antiseptic unless it is clearly and con
spicuously disclosed in each advertisement in the exact language below that:
Listerine will not help prevent colds or sore throats or lessen their severity.
In print advertisements, the disclosure shall be displayed in type size which is at least the same size as that in which the principal portion of the text of the advertisement appears and shall be separated from the text so that it can be readily noticed. In television advertisements, the disclosure shall be presented simultaneously in both the audio and visual portions. During the audio portion of the disclosure in television and radio advertisements, no other sounds, including music, shall occur. Each such disclosure shall be presented in the language, e.g., English, Spanish, principally employed in the advertisement.
The aforesaid duty to disclose the corrective statement shall continue until respondent has expanded on Listerine advertising a sum equal to the average annual Listerine advertising budget for the period of April 1962 to March 1972.
IV.
It is further ordered, That the allegations of paragraphs 9 and 10 of the complaint be, and they hereby are, dismissed.
v.It is further ordered, That respon
dent shall forthwith distribute a copy of this order to each of its operating divisions.
It is further ordered, That respondent notify the Commission at least thirty (30) days prior to any proposed change in its structure such as dissolution, assignment, or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of this order.
It is further ordered, That respondent shall, within sixty (60) days after the effective date of this order, file with the Commission a written report, setting forth in detail the manner and form of its compliance with this order.
By the Commission; Commissioner Pitofsky did not participate.
Carol M. T homas, Secretary.
[FR Doc. 78-23044 Filed 8-16-78; 8:45 am]V
[6740-02]Title 18— Conservation of Power and
W ater Resources
CHAPTER I— FEDERAL ENERGY REGULATORY COMMISSION
[Docket No. RM78-19]
DELEGATION TO VARIOUS OFFICE DIRECTORS OF CERTAIN COMMISSION AUTHORITY
AGENCY: Federal Energy Regulatory Commission.ACTION: Final regulations.SUMMARY: The Federal Energy Regulatory Commission is amending its regulations in order to delegate certain routine ministerial Commission functions to various office directors. The amended regulations provide an opportunity for affected parties to challenge decisions made by staff pursuant to the delegated functions by petitioning the Commission for a prompt review.DATES: Effective date: August 14, 1978. Comment date: Written comments due on or before September 25, 1978.ADDRESS: Secretary, Federal Energy Regulatofy Commission, 825 North Capitol St. NE., Washington, D.C. 20426.FOR FURTHER INFORMATION CONTACT:
Paul Equale, Office of General Counsel, Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, 202-275-3757.Jane Phillips, Office of General Counsel, Federal Energy Regulatory Commission, 825 North Capitol Street, NE„ Washington, D.C. 20426, 202-275-4788.
A. Background
On October 1, 1977, pursuant to the provisions of the Department of Energy Organization Act (DOE Act) (Pub. L. 95-91, 91 Stat. 565 [August 15, 19773) and Executive Order No. 12009 (42 F.R. 46267 [September 15, 19773), the Federal Energy Regulatory Commission (the Commission) was established as an independent regulatory Commission within the Department of Energy. The functions and regulatory responsibilities of the Federal Power Commission were transferred to the Secretary of Energy and the Commission.
The powers transferred to the Commission include section 309 of the Federal Power Act (16 U.S.C. 825h) and section 16 of the Natural Gas Act (15 U.S.C. 717o), which provide that the
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36434 RULES AND REGULATIONS
Federal Power Commission “shall have power to perform any and all acts and to prescribe, issue, make, amend, and rescind such orders, rules and regulations as it may find necessary or appropriate to carry out the provisions of this Act.”
The Commission has determined that an inordinate amount of time is being spent on matters that can be fairly characterized as routine. While recognizing the importance of all items of business that come to the Commission for determination, the decision has been made that by delegating certain routine ministerial Commission functions to the various office directors, the Commission will be able to focus on more complicated and controversial tasks.
In general, the matters being delegated require limited discretionary decisionmaking on the part of the named office director. In the relatively few instances that such authority is delegated, parties affected by a delegated function may petition the Commission for a prompt review of the challenged staff decision [18 CFR § 1.7(d)].
The large majority of delegations require amendments to 18 CFR §3.5. Several new paragraphs have been added to § 3.5 to include delegations to staff that were not previously made. There are minor conforming changes in other sections of Chapter 18.
B. S ummary
Section 1.8 is amended in order to give the presiding administrative law judge in a particular case, as well as the Commission, and the Secretary, the authority to issue orders granting or denying petitions to intervene in a pending proceeding. The amendment is being made for the sake of administrative efficiency.
Section 1.27 has been amended to conform with the new provisions of § 1.8 .
Section 3.5 as currently constituted is deleted in its entirety 1 and a new § 3.5 is substituted.
Several delegations to the Secretary of the Commission (Secretary) formerly contained in § 3.5(a) have been deleted. The functions involved in the deleted delegation have either been newly delegated to office directors or have been deleted altogether because they are no longer necessary. Generally, the newly delegated functions are being transferred from the Secretary to either the Chief Accountant, the Director of the Office of Pipeline and Producer Regulation or the Director
‘Except for paragraph (e), which was promulgated by the Commission on Feb. 10, 1978, pursuant to Commission Order No. 3. Paragraph (e) is a delegation to the Oil Pipeline Board and is to remain in effect as issued.
of the Office of Electric Power Regulation in order to allow those office heads to accept or reject certain rate filings and amendments to rate filings. The purpose of delegating these functions to the office heads rather than to the Secretary is to reduce the enormous adminstrative burden on the Secretary.
The Chief Accountant has been given the authority to sign routine correspondence and to make certain determinations regarding the issuance of securities and stocks by public utilities.
Both the Director of the Office of Pipeline and Producer Regulation and the Director of the Office of Electric Power Regulation are being delegated the Commission’s authority to pass upon routine applications and filings in their respective offices. This authority includes the issuance of deficiency letters.
C. E ffective date
The Commission makes these regulations effective without prior notice and public procedure because they are interpretive rules, statements of policy, and rules of agency procedure and practice. Accordingly, pursuant to 5 U.S.C. § 553(b), public procedure and comment are not required. For the same reasons, the Commission finds good cause to make the regulations effective immediately. The Commission nevertheless welcomes interested members of the public to submit comments or suggestions regarding these regulations. The Commission and its staff will evaluate any information received from interested persons and will consider appropriate revisions to these regulations as a result of comments received. An original and 14 copies should be filed by September 25, 1978, with the Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426. All comments should refer, on the cover page, to Docket No. RM78-19.(Federal Power Act, as amended, 16 U.S.C. 792 et seq., Natural Gas Act, as amended, 15 U.S.C. 717 et seq., Department of Energy Organization Act, Pub. L. 95-91, E.O. 12009, 42 FR 46267 (September 12, 1977).)
For the reasons stated herein, Parts 1 and 3 of Subchapter A, Part 35 of Subchapter B, and Part 157 of Subchapter E of Chapter I, Title 18, Code of Federal Regulations, are amended as set forth below, effective immediately.
By the Commission.Lois D. Cashell,
Acting Secretary.
PART 1— RULES OF PRACTICE AND PROCEDURE
§ 1.7 [Amended]1. Section 1.7 is amended by deleting
paragraph (d) and substituting a new paragraph (d) to read as follows:
* * * * *(d) Appeals from actions of the staff.
Any staff action, other than a decision or ruling of a presiding administrative law judge, taken pursuant to authority delegated to the staff by the Commission that would be final, but for the provisions of this paragraph, may be appealed to the Commission by any interested party. The challenged staff action may be appealed by filing a petition within 15 days of the action. Answers to such petitions may be filed by any party within 10 days of service of the petition. Petitions and answers filed under this paragraph shall conform to the requirements of §§ 1.15 through 1.17. An appeal from any ruling of a presiding administrative law judge shall conform to the requirements of § 1.28 of this chapter. The Commission considers its action on appeals made pursuant to this paragraph to be final agency action for purposes of judicial review.
2. Section 1.8 is amended by revising subparagraph (2) of paragraph (a), paragraph (d), paragraph (e), and sub- paragraph (2) of paragraph (f).§ 1.8 Intervention.
(a) Initiation of intervention.* * * * *
(2) Upon petition to intervene, by order of the Commission, the Secretary where an administrative law judge has not been designated, or the designated presiding administrative law judge in the proceeding, including oral or written requests to intervene presented for the first time at a pre- hearing conference or at the hearing. Whenever the designated presiding administrative law judge takes such action orally at the hearing, he or she shall promptly issue a written order confirming such action. Absent a finding of good cause to the contrary, late intervention is limited to prospective participation in a proceeding.
* * * * *(d) Filing and service of petitions.
Petitions to intervene and notices of intervention may be filed at any time following the filing of a notice of rate or tariff change, or of an application, petition, complaint, or other document
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36435seeking Commission action, but in no event later than the date fixed for the filing of petitions to intervene in any order or notice with respect to the proceedings issued by the Commission or its Secretary, unless, for good cause shown, the Commission or the designated presiding administrative law judge in the proceeding authorizes a late filing. Service shall be made as provided in § 1.17. Where a person has been permitted to intervene notwithstanding his failure to file his petition within the time prescribed in this paragraph, the Commission or the designated presiding administrative law judge may, where the circumstances warrant, permit the waiver of the requirements of § 1.26(c)(5) with respect to copies of exhibits for such intervener.
(e) Answers to petitions. Any party to the proceeding or staff counsel may file an answer to a petition to intervene, and in default thereof, may be deemed to have waived any objection to the granting of such petition. If made, answers shall be filed within 15 days after the date of service of the petition, but not later than 5 days prior to the date set for the commencement of the hearing, if any, unless for cause the Commission or the designated presiding administrative law judge with or without motion shall prescribe a different time. They shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.
(f) Notice and action on petitions.* * * * *
(2) Action on petitions. As soon as possible after the expiration of the time for filing answers to such petitions or default thereof, as provided in paragraph (e) of this section, the Commission or the designated presiding administrative law judge will grant or deny such petition in whole or in part or may, if found to be appropriate, authorize limited participation.
* * * * *
§ 1.14 [Amended]3. Section 1.14 is amended in the
next to the last sentence of subparagraph (2) of paragraph (a) by adding the words “or the appropriate office director” after the word “Secretary” and before the word “with.”
4. Section 1.27 is amended in paragraph (b) by redesignating subparagraph (10) as subparagraph (11), and by inserting a new subparagraph (10) to read as follows:§ 1.27 Presiding officers.
* * * * *
(b) Authority delegated.* * * * *
(10) To rule on all petitions to intervene which are pending either at the time the presiding administrative law judge is designated to hear a particular case, or which are filed after the presiding administrative law judge is designated. This delegation is subject to the conditions set forth in § 1.8 of this chapter.
* * * * *
PART 3— ORGANIZATION; OPERATION; INFORMATION AND REQUESTS
5. Section 3.5 is amended by revising paragraphs (a), (b), and (d), and by adding new paragraphs (c), (f), and(g), to read as follows:§ 3.5 Delegations of authority.
The Commission authorizes:(а) The Secretary, or in the Secre
tary’s absence, the Secretary's designee to:
(1) Sign official general correspondence on behalf of the Commission, except as otherwise provided in this section.
(2) Except as provided in § 1.8 of this chapter, prescribe, for good cause, a different time than that required by the Commission’s rules of Practice and Procedure for filing by public utilities, licensees, natural gas companies, and other persons answers to complaints, petitions, motions, and other documents. Absent a waiver, no answers shall be required to be filed within less than ten days after the date of service of the document.
(3) Schedule hearings and issue notices thereof.
(4) Accept for filing notices of intervention and petitions to intervene by commissions and agencies of the States and the Federal government.
(5) Pass upon petitions to intervene before a presiding administrative law judge is designated. However, in cases where a presiding administrative law judge has been designated, the provisions of paragraph (c) of this section are controlling.
(б) Consolidate proceedings for hearing, and sever proceedings which have been previously consolidated.
(7) Deny motions for extensions of time which are filed later than the time prescribed by Part 1 of this chapter, except that such motions may be granted if good cause is shown.
(8) Reject any documents filed later than the time prescribed by an order or rule of the Commission, except that such documents may be accepted if good cause is shown.
(9) Waive requirements of the Commission’s rules which govern matters of form, when consistent with the public interest in a particular case.
(10) Pass upon, in contested proceedings, questions of extending time for electric public utilities, licensees, natural gas companies, and other persons to file required reports, data, and information and to do other acts required to be done at or within a specific time by any rule, regulation, license, permit, certificate, or order of the Commission.
(11) Accept service of process on behalf of the Commission.
(12) Accept for filing bonds or agreements and undertakings submitted in rate suspension proceedings.
(13) Take the following actions on certificate and rate schedule filings of independent producers, where the sales involved are not of an interstate character, or where proposed interstate sales were never made:
(i) Upon requests of the filing party, vacate the order previously issued granting a certificate of public convenience and necessity; and
(ii) Cancel the prior acceptance of, and permit withdrawal of, the related rate schedule upon request of the filing party or where the certificate application is concurrently being or has been previously withdrawn.
(14) Publish notice of land withdrawals under section 24 of the Federal Power Act.
(15) Issue notices of applications filed under the Federal Power Act and the Natural Gas Act, fixing the time fof filing comments, protests or petitions to intervene and schedule hearings on such applications when appropriate or required by law.
(16) Accept for filing rate schedules and supplements thereto, if any, submitted in compliance with conditions in certificates of public convenience and necessity, both temporary and permanent, issued under section 7 of the Natural Gas Act, when they meet the requirements prescribed by such certificates. The Secretary shall advise the filing party of such acceptance, the designation of the rate schedule, and the effective date of the rate schedule.
(17) Accept for filing amendments to agreements and contracts or rate schedules submitted in compliance with Commission orders accepting dffers of rate settlements if such filings are in satisfactory compliance with such orders.
(18) Grant authorizations, pursuant to the provisions of § 35.1(a) of this chapter for a designated representative to post and file rate schedules of public utilities which are parties to the same rate schedule.
(19) Redesignate proceedings, licenses, certificates, rate schedules, and
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36436other authorizations and filing to reflect changes in the names of persons and municipalities subject to or invoking Commission jurisdiction under the Federal Power Act or the Natural Gas Act, where no substantive changes in ownership, corporate structure or domicile, or jurisdictional operation are involved.
(20) Change the appropriate hydroelectric project license article upon application by the licensee to reflect the specified reasonable rate of return as provided in § 2.15 of this chapter.
(21) Issue temporary certificates to independent producers pursuant to section 7 of the Natural Gas Act upon the finding that an emergency exists and based upon allegations presented in requests for temporary authorization to initiate the sale or transportation of natural gas in interstate commerce pursuant to § 157.28 of this chapter.
(22) Accept on behalf of the Com* mission:
(i) Rate filings of jurisdictional natural gas companies which involve rollover contracts; and
" (ii) Statements of eligibility filed by producers of natural gas as defined in §154.91 and §157.40 of this chapter. Statements of eligibility are filed under § 2.56a(p) of this chapter.
(b) The Chief Accountant or in the Chief Accountant’s absence, the Chief Accountant’s designee to:
(1) Issue interpretations of the Uniform Systems of Accounts for public utilities, licensees, and natural gas companies.
(2) Pass upon proposed accounting entries submitted by public utilities, licensees and natural gas companies which require Commission approval under the Uniform System of Accounts, and which are consistent with applicable statutory requirements and Commission rules, regulations or orders, including the Uniform Systems of Accounts, or reject such entries when inconsistent with the foregoing, except that where the proposed accounting entries involve unusually large transactions or unique or controversial features, including the propriety of recognition for ratemaking purposes, the Chief Accountant shall present the entries to the Commission for consideration.
(3) Pass upon, when appropriate, applications, petitions, and requests submitted under General Instruction No. 12 of the Uniform Systems of Accounts prescribed for natural gas companies for approval to group certain gathering systems, or certain compressor stations for the purpose of complying with that portion of General Instruction No. 12 that requires a segregation of the cost of operating and maintaining each plant.
RULES AND REGULATIONS
(4) Pass upon applications to increase the size or to combine property units of public utilities, licensees and natural gas companies.
(5) Sign all correspondence on behalf of the Commission:
(i) Relating to Annual Report Nos. 1, IF, 2, 2A, and P; and,
(ii) With State regulatory commissions and agencies relating to accounting and auditing matters.
(6) Pass upon, when requested to do so by a public utility or licensee:
(i) Requests to enter into negotiations for the placement of securities.
(ii) The issuance of common stock for purposes of employee stock option plans, stock investment plans, and similar arrangements.
(iii) The issuance of short-term notes, including but not limited to commercial paper.
(iv) Guarantees of debt or securities issued pursuant to pollution control bond issues.
(v) The issuance under competitive bidding procedures of common stock, preferred stock, and bonds, the value of which amounts of $25,000,000 or less.
(c) The chief administrative law judge, and the administrative law judge designated to preside at a particular hearing, to exercise the power granted to a Presiding Officer by the Commission’s rules of practice and procedure, particularly § 1.27 of this chapter.
(d) The Solicitor or in the Solicitor’s absence, the Solicitor’s designee to;
(1) File with the appropriate court of the United States a certified list of the materials comprising the record of any proceeding which involves the Commission;
(2) Retain appropriate materials; and
(3) Deliver such materials to the court as required.
* * * * *(f) The Director of the Office of
Pipeline and Producer Regulation or in the Director’s absence, the Director’s designee to:
(1) Pass upon the following types of applications or amendments to applications, provided that no formal opposition to the applications or amendments is timely filed with the Commission:
(i) Applications for natural gas pipeline certificates authorizing the construction and operation of facilities that have a construction cost of less than $100,000;
(ii) Abbreviated applications and amendments thereto, pursuant to § 157.7(b), (c), (d), (e), and (g) of this chapter;
(iii) Applications by a pipeline for the abandonment of pipeline gas purchase facilities with a construction
cost of less than $100,000. This authority shall be exercised only in cases where the producer servicing the jurisdictional pipeline has received Commission approval-to abandon service to the pipeline and service by the jurisdictional pipeline will not be affected;
(iv) Applications for temporary certificates for the transportation of natural gas to industrials, pursuant to § 2.79 of this chapter.
(v) Amendments to certificates for the transportation of natural gas, provided that;
(A) The transportation can be accomplished within a previously authorized level of service; and,
(B) The amendments requested do not effect changes in the price.
(2) Accept for filing all initial rate schedules, rate schedule changes, notices of changes in rate submitted by natural gas companies; and advise the filing party of such acceptance; waive the requirement of statutory notice for good cause shown; designate the rate schedule and supplements thereto and the effective date thereof. This authorization shall not apply to pipeline rate increases, or to any filings authorized by this subparagraph if there are timely protests or interventions to such filings.
(3) Reject a rate filing, submitted by a natural gas company unless accompanied by a request for waiver in conformity with § 1.14(a)(2) of this chapter but only if it fails patently to comply with applicable statutory requirements, Commission rules, regulations or orders.
(4) Accept for filing, data and reports submitted by natural gas companies required by Commission orders, or presiding officers’ initial decisions, upon which the Commission has taken no further action, when such filings are patently in compliancé with such orders or decisions, and when appropriate, to notify the filing party of such acceptance.
(5) Pass upon, in uncontested proceedings applications by natural gas companies for extensions of time to file required reports, data, and information and to perform other acts required, at or within a specific time by any rule, regulation, license, permit, certificate, or order of the Commission.
(6) Issue reports for public information purposes. Any report issued without Commission approval shall:
(i) Be of a noncontroversial nature; and
(ii) Contain the statement, “This report does not necessarily reflect the views of the Commission”, in bold face type on the cover.
(7) Pass upon requests by natural gas companies to withdraw applications pursuant to § 1.11(d)(1) of this
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
chapter, in any proceeding in which a hearing has been held or convened.
(8) Issue and sign deficiency letters regarding natural gas rate filings, certificate applications and abandonment applications.
(g) The Director of the Office of Electric Power Regulation or in the Director’s absence, the Director’s designee to:
(1) Take appropriate action on any application for a determination or vacation with respect to lands of the United States reserved from entry, location, or other disposal under section 24 of the Federal Power Act. •
(2) Pass upon applications by licensees, other Federal agencies and the States, to modify license conditions for a period of 1 year or less.
(3) Take appropriate action on drawings, maps, plans, or specifications showing hydroelectric project works “as built’’ that are submitted by a licensee for approval in response to the requirements of a license article or a Commission order.
(4) Approve, with respect to particular parcels of land within the project area of a licensed waterpower project, the conveyance by the licensee to another entity of an interest therein for use for a nonproject purpose, subject to the right of the licensee, its successors and assigns to use the land for all project purposes contemplated by the license for the project. v
(5) Pass upon applications for amendments to licenses issued under the Fédéral Power Act for the authorization of changes of 10 acres or less in the area within the project boundary for which any proposed new land use would entail no significant environmental impact and no significant effect on operation or maintenance of the project or on the use of remaining project lands and water for project purposes.
(6) Pass upon applications for transfers of licenses from a licensee to a successor or assign under section 8 of the Federal Power Act.
(7) Pass upon applications for the surrender of transmission line licenses pursuant to Part 6 of this chapter.
(8) Pass upon requests by applicants to withdraw, pursuant to § 1.11(d)(3) of this chapter, any declaration of intention, or application for license, or amendment, under Part I of the Federal Power Act.
(9) Pass upon requests by licensees for exemption from the requirement of filing FPC Form No. 80, Licensed Projects Recreation, under §v8.11 of this chapter.
(10) Take appropriate action on technical plans pertaining-to recreation, fish, wildlife, cultural resources, or water quality that are submitted by la licensee for approval in response to the requirements of a license article or Commission order.
RULES AND REGULATIONS
(11) Issue preliminary permits to enable permittees to maintain priority of application for a license where no opposition in any form to the issuance of the permit is^received by the Commission.
(12) Accept for filing all initial rate schedules and rate schedule changes except for changes which would result in rate increases, that are submitted by public utilities and licensees; waive the requirement of statutory notice for good cause shown, and advise the filing party of such acceptance; and designate rate schedules and the effective dates thereof.
This authorization shall not apply where adverse interventions are received upon the expiration of the date set for such protests or interventions by the Commission’s public notice of such filings.
(13) Pass upon, in uncontested proceedings, applications for the extension of time for public utilities and licensees to file required reports, data, and information and to do other acts required to be done within a specific time period by any rule, regulation, license, permit, certificate or order of the Commission.
(14) Issue deficiency letters regarding electric rate schedule filings, corporate applications for the sale of facilities with respect to interlocking directorates, and applications filed under Part I of the Federal Power Act.
(15) Reject a rate filing or an application filed under Part I of the Federal Power Act, unless accompanied by a request for waiver in conformity with § 1.14(a)(2) of this chapter, if it fails patently to comply with applicable statutory requirements or Commission rules, regulations and orders.
(16) Accept for filing data and reports submitted by public utilities and licensees that are required by Commission orders and presiding officers’ initial decisions when such filings are patently in compliance with the orders or decisions; and, when appropriate, notify the filing party of such acceptance.
(17) Take appropriate action on proposals for the development of water resources projects submitted by other agencies of the Federal government for Commission review or comment. The Director or his designee shall direct comments, when necessary, to the spbnsoring agency on matters including, but not limited to, the need for, and appropriate size of, any' hydroelectric power installation proposed by any other agency of the Federal government.
(18) Issue Appraisal and Planning Status Reports regarding water planning or development activities in specific river basins. The reports shall contain the statement, “This report does not necessarily reflect the views of the Commission,” unless the report
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST
36437
is specifically approved by the Commission.
(19) Prepare and issue comments on general water policy and planning issues, for the use of the Director of the Water Resources Council or the Assistant Secretaries of the Department of Energy.
(20) Pass upon applications filed by persons seeking to hold interlocking positions under section 305(b) of the Federal Power Act. This authority shall not be exercised in cases where a protest or adverse intervention is timely filed with the Commission.
(21) Pass upon applications for the sale of jurisdictional facilities under Section 203 of the Federal Power Act. This authority shall not be exercised in cases where an adverse intervention is timely filed with the Commission.
PART 35— FILING OF RATE SCHEDULES
§ 35.2 [Amended]6. Section 35.2 is amended in the
final sentence of paragraph (c) by deleting the word “Secretary,” and inserting in lieu thereof “Director of the Office of Electric Power Regulation”.
PART 157— APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER SECTION 7 OF THE NATURAL GAS ACT
§ 157.8 [Amended]7. Section 157.8 is amended by sub
stituting the words “Director of the Office of Pipeline and Producer Regulation” for the word “Secretary” wherever it appears.
[FR Doc. 78-22975 Filed 8-16-78; 8:45 ami
[4410-01]
Title 28— Judicial Administration
CHAPTER I— DEPARTMENT OF JUSTICE
(Tax Division Directive No. 30]PART 0— ORGANIZATION OF THE
DEPARTMENT OF JUSTICEAppendix to Subpart Y— Redelega
tion o f Authority To Compromise and Close G v il Claims
R edelegation of Authority to R elease R ights of R edemption in Certain Cases
AGENCY: Tax Division, Department of Justice.17, 1978
36438
ACTION: Final rule.SUMMARY: This directive increases the redelegation to the U.S. Attorneys of the authority to release rights of redemption in certain cases. This directive supersedes Tax Division Directive No. 29.EFFECTIVE DATE: August 1,1978.FOR FURTHER INFORMATION CONTACT:
Mildred L. Seidman, Chief, ReviewSection, Tax Division, Departmentof Justice, Washington, D.C. 20530,202-739-3661.In appendix to Subpart Y—Redele
gation of Authority to Compromise 'and Close Civil Claims, Tax Division Directive No. 29 is deleted and Directive No. 30 is added as follows:
By virtue of the authority vested in me by part O of title 28 of the Code of Federal Regulations, particularly §§0.70, 0.160, 0.162, 0.164, 0.166, and0.168, it is hereby ordered as follows:
S ection 1. The U.S. Attorney for each district in which is located real property, which is subject to a right of redemption of the United States in respect of Federal tax liens, arising under section 2410(e) of title 28 of the United States Code, or under State law when the United States has been joined as a party to a suit, is authorized to release the right of redemption, subject to the following limitations and conditions—
(1) This redelegation of authority relates only to real property on which is located only one single-family residence, and to all other real property having a fair market value not exceeding $60,000. That limitation as to value or use shall not apply in those cases in which the release is requested by the Veterans Administration or any other Federal agency.
(2) The consideration paid for the release must be equal to the value of the right of redemption, or fifty dollars ($50), whichever is greater. However, no consideration shall be required for releases issued to the Veterans Administration or any other Federal agency.
(3) The following described documents must be place in the U.S. Attorney’s file in each case in which a release is issued—
(A) The favorable recommendation of the appropriate Regional Counsel of the Internal Revenue Service.
(B) Appraisals by two disinterested and well-qualified persons. In those cases in which the applicant is a Federal agency, the appraisal of that agency may be substituted for the two appraisals generally required.
RULES AND REGULATIONS
(C) Such other information and documents as the Tax Division may prescribe.
S ec. 2. This directive supersedes Tax Division Directive No. 29, approved November 22,1976.
S ec. 3. This directive shall become effective August 1,1978.
Dated: July 25,1978.M. Carr F erguson,
Assistant Attorney General, Tax Division.
Approved:M ichael J. E gan,
Associate Attorney General.[FR Doc. 78-23092 Filed 8-16-78; 8:45 am]
[4410 -01 ]
[Tax Division Directive No. 31]PART 0— ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
Appendix to Subpart Y— Redelegation o f Authority to Compromise and Close Civil Claims
R edelegation of Authority to C ompromise and Close C iv il Claims
AGENCY: Tax Division, Department of Justice.ACTION: Final rule.SUMMARY: This directive increases the redelegation to various officials of the Tax Division of the authority to compromise, settle and close claims filed in behalf of the United States and in claims against the United States. This directive supersedes Tax Division Directive No. 28.EFFECTIVE DATE: This directive shall become effective on August 17, 1978.FOR FURTHER INFORMATION CONTACT:
Mildred L. Seidman, Chief, Review Section, Tax Division, Department of Justice, Washington, D.C. 20530, 202-739-3661.In appendix to Subpart Y—Redele
gation of Authority to Compromise and Close Civil Claims, Tax Division Directive No. 28 is deleted and Directive No. 31 is added as follows:
By virtue of the authority vested in me by part O of title 28 of the Code of Federal Regulations, particularly §§0.70, 0.160, 0.162, 0.164, 0.166, and0.168, it is ordered as follows:
S ection 1. The Chiefs of the Civil Trial Sections, the Court of Claims Section, and the Appellate Section are
authorized to reject offers in compromise, regardless of amount, without reference to the Review Section, provided that such action is not opposed by the agency or agencies involved.
S ec. 2. Subject to the conditions and . limitations set forth in section 6 hereof, the Chiefs of the Civil Trial Sections and Court of Claims Section are authorized to accept offers in compromise in all cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $50,000, provided that such action is not opposed by the agency or agencies involved.
S ec. 3. Subject to the conditions and limitations set forth in section 6 hereof, the Chief of the Review Section shall have authority to
(A) Accept offers in compromise in all cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $200,000,
(B) Approve administrative settlements not exceeding $200,000,
(C) Approve concessions (other than by compromise) of civil claims asserted by the Government in all cases in which the gross amount of the original claim does not exceed $200,000, and
(D) Reject offers in compromise, or disapprove administrative settlements or concessions, regardless of amount,Provided, That the action is not opposed by the agency or agencies involved or the chief of the section to which the case is assigned.
Sec. 4. Subject to the conditions and limitations set forth in section 6 hereof, the Director, Civil Litigation, shall have authority to—
(A) Accept offers in compromise of claims against the Government in all cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $500,000,
(B) Approve administrative settlements not exceeding $500,000,
(C) Approve offers in compromise of claims in behalf of the Government in all cases in which the difference between the gross amount of the original claim and the proposed settlement does not exceed $250,000 or 10 percent of the original claim, whichever is greater,
(D) Approve concessions (other than by compromise) of civil claims asserted by the Government in all cases in which the gross amount of the original claim does not exceed $250,000, and
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
(E) Reject offers in* compromise, or disapprove administrative settlements or concessions, regardlesss of amount,Provided, That the action is not opposed by the agency or agencies involved, the Chief of the Review Section, or the chief of the section to which the case is assigned: And provided further, That the limiting amount in (A) and (B) shall be $200,000 if the case is subject to reference to the Joint Committee on Taxation.
Sec. 5. Subject to the conditions and ' limitations set forth in section 6 hereof, the Deputy Assistant Attorneys General each shall have authority to—
(A) Accept offers in compromise of claims against the Government in all cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $500,000,
(B) Approve administrative settlements not exceeding $500,000,
(C) Approve offers in compromise of claims in behalf of the Government in all cases in which the difference between the gross amount of the original claim and the proposed settlement does not exceed $250,000 or 10 percent of the original claim, whichever is greater, t
(D) Approve concessions (other than by compromise) of civil claims asserted by the Government in all cases in which the gross amount of the original claim does not exceed $250,000, and
(E) Reject offers in compromise, or disapprove administrative settlements or concessions, regardless of amount,Provided, That such action is not opposed by the agency or agencies involved: And provided further, That the limiting amount in (A) and (B) shall be $200,000 if the case is subject to reference to the Joint Committee on Taxation.
Sec. 6. The authority redelegated herein shall be subject to the following conditions and limitations—
(A) When, for any reason, the compromise or administrative settlement or concession of a particular claim, as a practical matter, will control or adversely influence the disposition of other Claims totaling more than the respective amounts designated in sections 2, 3, 4, and 5, the case shall be forwarded for review at the appropriate level.
(B) When, because of the importance of a question of law or policy presented, the position taken by the agency or agencies or by the United States Attorney involved, or any other considerations, the person otherwise authorized herein to take final action (or the Chief of the Review Section, in cases which have beeen considered by
RULES AND REGULATIONS
such section) is of the opinion that the proposed disposition should be reviewed at a higher level, the case shall be forwarded for such review.
(C) Nothing in this directive shall be construed as altering any provision of subpart Y of part O of title 28 of the Code of Federal Regulations requiring the submission of certain cases to the Attorney General, the Associate Attorney General, or the Solicitor General.
(D) Authority to approve recommendations that the Government confess error, or make administrative settlements, in cases on appeal, is excepted from the foregoing redelegations.
(E) The Assistant Attorney General, at any time, may withdraw any authority delegated by this Directive as it relates to any particular case or category of cases, or to any part thereof.
S ec. 7. This directive supersedes Tax Division Directive No. 28, approved November 22, 1976.
S ec. 8. This directive shall become effective-on August 17, 1978.
Dated: July 25,1978.M. Carr F erguson,
Assistant Attorney General.Approved:
M ichael J . E gan,Associate Attorney General.
[FR Doc. 78-23093 Filed 8-16-78; 8:45 am]
[4410-18]
[AAG/A Order No. 5-78]
PART 16— PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
Subpart E— Exemption of Records Systems Under the Privacy Act
AGENCY: Department of Justice, Law Enforcement Assistance Administration.ACTION: Final rule.SUMMARY: Pursuant to 5 U.S.C. 552a(k), on May 9, 1978, the Department of Justice issued in the notice section of the F ederal R egister a notice of intent to exempt an existing system of records from the access provisions of 5 U.S.C. 552a(d). On the same day the Department issued in the proposed rules section a proposed rule to effect the exemption. The subject system is entitled Civil Rights Investigative System (JUSTICE/LEAA- 008). Exemption was proposed in those cases where a request for access to a complaint file is made prior to administrative resolution of the civil rights complaint. The exemption is needed to insure unhampered conciliation and compliance efforts during the complaint and compliance process and to protect the identity of confidential
36439
sources. The system was printed in its entirety in the F ederal R egister on September 30, 1977.DATE: The rule will be effective August 17, 1978.ADDRESS: Legal and Legislative Group, Office of Management and Finance, Department of Justice, 10th and Constitution Avenue NW., Washington, D.C. 20530.FOR FURTHER INFORMATION CONTACT:
Bronson E. Clayton, 202-739-4165.SUPPLEMENTARY INFORMATION: Regulations issued in the F ederal R egister on May 9 set forth plans to amend 28 CFR 16.100 by adding paragraphs (d) and (e). No comments have been received regarding the proposed regulations. However, one minor correction has been made. The United States Code reference in § 16.100(d)(1) is further clarified by changing the reference from 5 U.S.C. 552a(k) to 5 U.S.C. 552a(k)(2). Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a(k)(2) and delegated to me by Attorney General Order No. 793-78, the proposed regulations amended as described above are set forth below.
Dated: August 8, 1978.K evin D. R ooney,
Assistant Attorney General for Administration.
§ 16.100 of title 28 is amended by adding paragraphs (d) and (e):§ 16.100 Exemption of Law Enforcement
Assistance Administration System— limited access.
* * * * *(d) The following system of records
is exempt from 5 U.S.C. 552a(d):(1) The Civil Rights Investigative
System (JUSTICE/LEAA-008). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(e) Exemption from subsection (d) is claimed since access to information in the Civil Rights Investigative System prior to final administrative resolution will deter conciliation and compliance efforts. Consistent with the legislative purpose of the Privacy Act of 1974, decisions to release information from the system will bfe made on a case-by-case basis and information will be made available where it does not compromise the complaint and compliance process. In addition, where explicit promises of confidentiality must be made to a source during an investigation, disclosure will be limited to the extent that the identity of such confi-
FEDERAL REGISTER, VO L . 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36440 RULES AND REGULATIONS
dential sources will not be compromised.
[FR Doc. 78-23120 Filed 8-16-78; 8:45 am]
[4910-14]Title 33— Navigation and Navigable
Waters
CHAPTER I— COAST GUARD, DEPARTMENT OF TRANSPORTATION
tCGD 78-036]PART 183— BOATS AND ASSOCIATED
EQUIPMENT
Safety Standards for Boat Gasoline Fuel Systems
AGENCY: Coast Guard, DOT. ACTION: Final rule.SUMMARY: This amendment delays the effective date for certain requirements in the regulations relating to the leakage of fuel from fuel pumps and carburetors installed on gasoline powered inboard boats. The Coast Guard has learned that the major suppliers of fuel pumps and carburetors used on boats subject to these regulations will not be able to supply iuel pumps and carburetors complying with the regulations in sufficient time for boat builders to meet the effective date. This delay will give boat builders time to receive marine engines which comply with the regulations and install those marine engines on boats built after the new effective date.EFFECTIVE DATE: This amendment is effective on August 17,1978.FOR FURTHER INFORMATION CONTACT:
Captain Philip Danahy, Marine Safety Council (G-CMC/81), Room 8117, Department of Transportation, Nassif Building, 400 Seventh Street SW., Washington, D.C. 20590, 202- 426-1477.
SUPPLEMENTARY INFORMATION: In that the material contained in this amendment relieves certain requirements for persons subject to a previously issued final rule by delaying the effective date of that rule, this rule may be made effective in less than 30 days after publication.
In view of the fact that §§ 183.524(c) and 183.526 were to become effective on August 1, 1978, and in view of the need to inform manufacturers of their obligations, the Coast Guard has determined that prior notice and comment thereon is impracticable. However, in keeping with the spirit of 5 U.S.C. 553, the Coast Guard will accept written comments on or before October 2, 1978, to permit interested
persons to call to our attention any signigicant problems or objections.
Comments should include docket number (CGD 78-036), the name and address of the person submitting the comments, the specific section of the regulation to which the comment applies, and reasons for the comment. Address comments to Commandant (G-CMC/81), U.S. Coast Guard, Washington, D.C. 20590. All comments received will be available for examination at the Marine Safety Council (G- CMC/81), 400 Seventh Street, SW., Washington, D.C. 20590.
D rafting I nformation
The principal persons involved in drafting this rule are Mr. Lars E. Granholm, Project Manager, Office of Boating Safety, and Lt. Robert R. Meeks, Project Attorney, Office of Boating Safety.
D iscussion of the P roposed Amendment
Publication of the final rule for 33 CFR Part 183, Subpart J —Fuel Systems, in the F ederal R egister occurred on January 31, 1977. During the past few months, the Coast Guard has received communications from four of the principal manufacturers of gasoline-powered marine engines to the effect that fuel pumps and carburetors meeting the requirements of these regulations will not be available in sufficient time or in sufficient quantity to supply the builders of boats subject to the regulations. This information has been considered with respect to the possible effects on persons subject to these regulations. The specific amendment which follows was developed from this information.
Section 183.524(c) specifies that after the completion of the fire test in § 183.590 the pump must not leak more than 5 ounces of fuel in 2% minutes.
Section 183.526—Carburetors, requires that each carburetor must not leak more than 5 cubic centimeters of fuel in 30 seconds under conditions which can exist when the engine is being started. It also requires each updraft and horizontal draft carburetor to have a device that collects and holds fuel which might leak from the carburetor air intake or be discharged from the carburetor during a backfire.
The majority of fuel pumps and carburetors used on gasoline powered marine engines in the United States are supplied by two manufacturers of automobile engine components who modify their standard products for marine use. The fuel pumps and carburetors are supplied to a number of engine convertors who assemble parts from automotive engines, special marine parts, and these fuel pumps and carburetors, to produce marine engines. The completed marine engines
are sold to a much larger number of boat builders who install these marine engines in boats which are subject to the fuel systems regulations.
The information supplied to the Coast Guard indicates that the builders of the marine engines have experienced delays in receiving fuel pumps and carburetors which comply with these regulations. As a direct result of those delays, the manufacturers of marine engines have not been able to deliver engines to the boat builders who are subject to the regulation in time to comply with the effective date of August 1, 1978, for §§ 183.524(c) and 183.526.
The delays anticipated w'ould result in a severe economic burden on the boat builders subject to these regulations because they are prohibited from selling any boat built after the effective date of the regulation if it does not comply with all of the requirements. The Coast Guard had determined that there are no reasonable alternatives available to the boat builders in view' of the limited number of suppliers of marine fuel pumps and carburetors. For the above reason, this amendment changes the effective date for §§ 183.624(c) and 183.526 from August 1, 1978, to the new effective date February 1, 1979.
This amendment has been reviewed under DOT Notice 78-1, Improving Government Regulations (43 FR 9582). A final evaluation has been prepared and is available for inspection at the Marine Safety Council.
In consideration of the foregoing, Part *183 of Title 33 of the Code of Federal Regulations is amended as follows:§§ 183.501 [Amended]
In § 183.501, paragraph (b) is revised to read as follows:
# • * • •(b) * • *
A ugust 1,1978183.512 183.540183.516 183.552183.524 (a) and (b) 183.558
F ebruary 1,1979 183.524(c) 183.526(85 Stat. 215 (46 U.S.C. 1454); 49 CFR 1.46(n)(l).)
N ote.—The Coast Guard has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11821, as amended, and OMB Circular A-107
Dated: August 11,1978.J. B. Hayes,
Admiral, U.S. Coast Guard, Commandant
[FR Doc. 78-23029 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36441[4910-14 ]
[CGD 78-070]PART 183— BOATS AND ASSOCIATED
EQUIPMENT
Electrical Systems AGENCY: Coast Guard, DOT. ACTION: Final nûe.SUMMARY: This amendment extends the effective date for ignition protection requirements. The August 1, 1978, effective date called for by the regulation would not have provided boat manufacturers sufficient time to obtain ignition protected electrical components. Delaying the effective date is expected to provide the time necessary for them to acquire the proper components and will provide a practical application of minimum safety standards without adversely affecting boating safety.EFFECTIVE DATE: This amendment is effective August 17, 1978.FOR FURTHER INFORMATION CONTACT:
Captain Philip Danahy, Marine Safety Council (G-CMC/81), Room 8117, Department of Transportation, Nassif Building, 400 Seventh Street SW., Washington, D.C. 20590 202- 426-1477.
SUPPLEMENTARY INFORMATION: In that the material contained in this amendment relieves certain requirements for persons subject to previously issued filial rules by delaying the effective date of the rule, this rule may be made effective in less than 30 days after publication. In view of the fact that § 183.410 was to become effective on August 1, 1978, and in view of the need to inform manufacturers of their obligations, the Coast Guard has determined that prior notice and comment thereon is impracticable. However, in keeping with the spirit of 5 U.S.C. 553, the Coast Guard will accept written comments on or before October 2, 1978, to permit interested persons to call to our attention any significant problems or objections. Comments should include the docket number (CGD 78-070), the namç and address of the person submitting the comments, the specific section of the regulation to which the comment applies,. and reasons for the comment. Address comments to Commandant (G-CMC/81), Room 8117, Department of Transportation, Nassif Building, 400 Seventh Street SW., Washington, D.C. 20590.
D rafting I nformation
The principal persons involved in drafting this amendment are: Lt. John W. McBride, Project Manager, Office
of Boating Safety, and Lt. Robert R. Meeks, Project Attorney, Office of Boating Safety.
D iscussion of the Amendment
Publication of the final rule for 33 CFR Part 183, Subpart I, in the F ederal R egister took place on January 31, 1977. During the past few months, the Coast Guard has received communications from the manufacturers of boats, gasoline-powered marine engines, and electrical components. The communications indicate that electrical components meeting the requirements for ignition protection will not be available in sufficient time or in sufficient quantity to supply the manufacturers of boats subject to the regulations. The Coast Guard has solicited written comments from various industry and standards organizations to evaluate the problem. That information has been considered with respect to the possible effects on persons subject to these regulations. The specific amendment which follows was developed from that information.
Section 183.410 requires electrical components not isolated from gasoline fuel sources to be ignition protected. The definition for electrical components includes auxiliary generator sets. A large electrical component can be a combination of smaller electrical components that operate together to perform a specific function. This is true of an auxiliary generator set. The majority of the generator sets manufactured in the United States for use on recreational boats are supplied by two manufacturers who also build generator sets for nonmarine use. The generator sets have to be modified for marine use by ignition protecting them which requires the generator set manufacturers to purchase ignition protected electrical components.
The information supplied to the Coast-Guard indicates that generator set manufacturers and manufacturers of electrical components to be installed on generator sets have experienced design problems and delays. Accordingly, the generator set manufacturers have not been able to deliver ignition-protected generator sets to the boat manufacturers, who are subject to the regulation, in time to comply with the effective date of August 1, 1978, for § 183.410.
The delays anticipated would result in a severe economic burden on the boat manufacturers subject to these regulations because they are prohibited from selling any boat built after the effective date of the regulation if it does not comply with all the requirements. The Coast Guard has determined that there are no reasonable alternatives available to the boat manufacturers in view of the limited number of suppliers of marine gener
ator sets. For the above reason, this amendment changes the effective date for § 183.410 from August 1, 1978, to a new effective date of February 1, 1979.
This amendment has been reviewed under DOT Notice 78-1, Improving Government Regulations (43 FR 9582). A final evaluation has been prepared and is available for inspection at the Marine Safety Council.
In consideration of the foregoing, Part 183 of Chapter I of Title 33 of the Code of Federal Regulations is amended as follows:§183.401 [Amended]
Section 183.401, paragraph (b) is amended by changing the effective date for § 183.410 from August 1, 1978, to February 1,1979.(85 Stat. 215 (46 U.S.C. 1454); 49 CFR 1.46(n)(l).)
N ote.—The Coast Guard has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11821, as amended, and OMB Circular A-107.
Dated: August 11,1978.J. B. Hayes,
Admiral, U.S. Coast Guard, Commandant
[FR Doc. 78-23030 Filed 8-16-78; 8:45 am]
[4110-83]Title 42— Public Health
CHAPTER I— PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
PART 57— GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES, EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS, AND STUDENT LOANS
Special Assurances Required . o f Schools of Medicine Applying for Health Professions Capitation Grants
AGENCY: Public Health Service, HEW.ACTION: Interim—Final regulations.SUMMARY: Section 770 of the Public Health Service Act provides that the Secretary of Health, Education, and Welfare shall make annual grants, based on enrollment, to health professions schools for the support of their educational programs (“capitation grants”). To receive a capitation grant, each school must meet certain statutory requirements. These regulations implement the eligibility'requirement in
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36442section 771(b)(3) relating to schools of medicine.DATES: These regulations are effective August 17, 1978. As discussed below, comments on the regulations are invited. Comments must be received on or-before October 16, 1978 in order to be considered.ADDRESSES: Written commentsshould be addressed to the Director, Bureau of Health Manpower, Health Resources Administration, 3700 East- West Highway, Center Building, Fourth Floor, Hyattsville, Md. 20782. All comments received will be available for public inspection and copying at the Office of Program Operations, Bureau of Health Manpower, at the above address, weekdays (Federal holidays excepted) between the hours of 8:30 a.m. and 5 p.m.FOR FURTHER INFORMATION CONTACT:
Dr. Robert K. Knouss, Director, Division of Medicine, Bureau of HealthManpower, Room 4-44, at the aboveaddress, telephone 301-436-6418.
SUPPLEMENTARY INFORMATION: The Assistant Secretary for Health, Department of Health, Education, and Welfare, with the approval of the Secretary of Health, Education, and Welfare, is hereby revising subpart F of 42 CFR Part 57, “Grants to Schools of Medicine, Dentistry, Osteopathy, Optometry, Podiatry, Pharmacy, and Veterinary Medicine for Support of Their Educational Programs,” to implement certain of the amendments made by the Health Professions Educational Assistance Act of 1976 (Pub.L. 94-484, October 12, 1976) and by Pub. L. 95-215, December 19, 1977, to the authority for capitation grants in title VII of the Public Health Service
Section 770 of the Public Health Service Act (“the act”) (42 U.S.C. 295f) provides that the Secretary of Health, Education, and Welfare, (“the Secretary”) shall make annual grants, based on enrollment, to health professions schools for the support of their educational programs (“capitation grants”). To receive a capitation grant, each school must meet certain statutory requirements. These regulations implement the eligibility requirement in section 771(b)(3) relating to schools of medicine.
In summary, this requirement states that a school of medicine must increase its enrollment of full-time third-year students in the school year 1978-79 by not less than 5 percent of(1) the number of full-time first-year students enrolled in the school in school year 1977-78, or (2) the number of full-time third-year students enrolled in the school year 1977-78, whichever is less. The pool of eligible
RULES AND REGULATIONS
students who can be counted toward meeting this increase consists of U.S. citizens who have begun their medical school education at medical schools not in the United States, individuals enrolled in 2-year programs at schools in the United States which prepare students to enter the third year of medical school in the United States, and individuals enrolled in Ph. D.-M.D. programs in the United States. Each eligible individual who wishes to enroll in a position in a school of medicine in accordance with the requirements of these regulations must apply for admission directly to the school or schools at which the individual would accept a position.
This 5-percent enrollment increase represents a one-time-only requirement. Subsequent to academic year 1978-79, it is anticipated that schools will have third-year or second-year enrollments consistent with the normal academic advancement of first-year and second-year students.
The remainder of the requirements for capitation grants applicable to schools of medicine, as well as other health professions schools, will be the subject of separate regulations within this subpart.
The major issue regarding these regulations is the implementation of the statutory provisions by which a school of medicine may be granted a waiver of this requirement in three limited circumstances. In summary, a waiver may be granted in whole or in part if the Secretary determines (1) that the required enrollment increase would result in the school’s not being able to maintain its accreditation, (2) that the required enrollment increase would prevent the school from providing high quality clinical training for each of its third-year students, or (3) that the school has made a good faith effort to meet the required enrollment increase but has been unable to do so solely because there is an insufficient number of students who are eligible to be counted.
In view of the 1 year duration of this requirement and the commitment made by Congress to a segment of U.S. citizens that they would be able to complete their medical education in the United States, the Department has determined that the burden of establishing eligibility for any of the three authorized waivers should rest with the school applying for a waiver. Consequently, to obtain a waiver on the basis that the school cannot maintain its accreditation if it takes the required increase, the school must (1) demonstrate that it cannot maintain its accreditation, (2) document that the school has explored all reasonable alternatives by which all or part of the required increase could be taken, and(3) document that its attrition rate is
not sufficient to enable the school to take all or part of the required increase. As an essential part of criterion(1), the written recommendation from the body recognized by the Commissioner of Education to accredit schools of medicine must be received by the Secretary prior to the approval or disapproval of such waiver requests. Criteria (2) and (3) above also must be established when a school seeks a waiver on the basis that taking the required increase would prevent the school from providing high quality clinical training for each of its third-year students.
To obtain a good faith statutory waiver, a school must establish that it has made a serious and substantial effort to meet the required increase by documenting that:
1. It actively sought eligible applicants in an effort to reasonably assure that the required increase would be achieved.
2. The time limit for receipt of applications was reasonable in light of the statute and these regulations.
3. The admission criteria were designed to provide a reasonable number of students (who are countable under the statute) an opportunity to be seriously considered for admission to the third-year class (or the second-year class, where applicable).
4. The admission criteria were those generally applicable to students seeking to enter the school at the third-year level (or at the second-year level, where applicable) and were applied equitably to all applicants for positions at that level.
5. The number of written offers of unconditional acceptances to students who are countable under the .statute constituted a reasonable attempt to meet the required enrollment increase.
A school which applies for, but is denied, a good faith waiver will receive a grant award conditional on its achieving the required enrollment increase, no later than December 31, 1978. Grant funds will not be released for expenditure until the achievement of the required increase has been documented to the Secretary.
Timely implementation of this provision is essential if schools of medicine are to have adequate lead time to comply with the statutory requirement so that grants can be made prior to the end of fiscal year 1978 (September 30, 1978). Therefore, the Secretary has determined pursuant to 5 U.S.C. 553 and Department policy that it would be impracticable and contrary to the public interest to follow proposed rulemaking procedures or to delay the effective date of these regulations.
Notwithstanding the omission of the proposed rulemaking procedures, interested persons are invited to submit written comments or data relating to these regulations to the Director of the Bureau of Health Manpower at the address given above. All relevant materials received not later than Octo-
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
ber 16, 1978, win be considered, and following the close of the comment period, the regulations will be revised as warranted by the public comments received. It is intended that any revision of the regulations arising from these comments will be published within 90 days of the close of the comment period.
The regulations as set forth below will be effective August 17,1978.
Accordingly, subpart P of 42 CFR part 57 is revised to read as set forth below.
Note.—The Department of Health, Education, and Welfare 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: May 12,1978.Charles M iller,
Acting Assistant Secretary for Health.
Approved: August 5,1978.H ale Champion ,
Acting Secretary.Subpart F—G rants to S chools op
M edicine, D entistry , O steopathy, O ptometry, P odiatry, P harmacy, and Veterinary Medicine for S upport of T h eir Educational P rograms.
Sec.57.501 Purpose and scope.57.502 Definitions.57.503 Enrollment increase requirement.57.504 Waiver provisions.
Authority: Section 215 of the Public Health Service Act, 58 Stat. 690 as amended, 63 Stat. 35 (42 U.S.C. 216); section 771(b)(3) of the Public Health Service Act, 90 Stat. 2296, as amended, 91 Stat. 1503 (42 U.S.C. 295f-l(b)(3)).
§ 57.501 Purpose and scope.(a) Section 770 of the Public Health
Service Act (42 U.S.C. 295f) provides that the Secretary of Health, Education, and Welfare (“the Secretary”) shall make annual grants to health professions schools for the support of their educational programs (“capitation grants”) if they meet certain statutory requirements. This subpart sets forth the manner in which one requirement applicable to schools of medicine will be implemented. In summary, a school of medicine must submit assurances satisfactory to the Secretary that it will increase its enrollment of full-time third-year students in the school year 1978-79 in an amount computed in accordance with §57.503 from a pool of eligible students, among whom are individuals who were enrolled before October 12, 1976, at medical schools not in the United States, individuals enrolled in 2 year programs or schools in the United States which prepare students
RULES AND REGULATIONS
to enter the third-year of medical school in the United States, and individuals enrolled in Ph. D.-M.D. programs in the United States. Other students accepted into the third year of the school as transfer students may be counted unless specifically excluded by the statute.
(b) A school of medicine which is eligible to receive a grant under section 770 of the Act in fiscal year 1978 but which does not fulfill the requirement of section 771(b)(3) of the Act and this subpart, also will not be eligible to receive a capitation grant in fiscal years 1979 and 1980.§ 57.502 Definitions.
For purposes of this subpart:“Nonaccredited school of medicine”
means a school of medicine in a State, which awards or intends to award a degree of doctor of medicine, and which is not accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education, whether or not the degree is recognized in the State in which the school is located, or in any other State.
“Previously enrolled” means enrollment in a school prior to school year 1978-79, by a student who has taken a course or courses at the school in fulfillment of the normal academic requirements for any class year of the school. A student who had been enrolled in a U.S. medical, dental or osteopathic school, but who subsequently enrolled in a school of medicine not in a State prior to October 12, 1976, will not be considered “previously enrolled” for purposes of this subpart.
“School” means a school of medicine or school of osteopathy as defined, respectively, in 42 CFR 57.2902(1) or a school of dentistry as defined in 42 CFR 57.3402(h).
“School of medicine not in a State” means a school outside of the States, providing training leading to a diploma or degree of doctor of medicine or an equivalent degree, which diploma or degree is accepted by the country in which the school is located as one of the prerequisites for licensure or other official sanction to practice medicine as a physician in that country.
“School year 1977-1978” and “school year 1978-1979” mean the last annual curriculum periods beginning prior to Decembr 31, 1977, and December 31, 1978, respectively, consistent with the established policies and schedules of the school.
“Secretary” means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved has been delegated.
“State” means one of the several States, the District of Columbia, the
36443
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands.
“Student enrollment in an academic year” means the actual number of full-time students enrolled on September 15 of the academic year unless a different count date has been negotiated with the Department.§ 57.503 Enrollment increase requirement.
(a) To be eligible for a capitation grant under section 770 of the Act (42 U.S.C. 295f) in fiscal year 1978, each school of medicine must provide assurances to the Secretary that the school will increase its enrollment of fulltime third-year students in the school year 1978-79 over the number of fulltime second-year students who successfully completed the second-year program in the preceding school year and have enrolled in the third-year class of the school from among students other than those who are excluded below. This increase shall be not less than 5 percent of the number of full-time first-year students or the number of full-time third-year students, whichever is less, enrolled in the school in school year 1977-78. For purposes of this subpart:
(1) “First-year student” means an individual enrolled in the first year of a 3 or a 4-year curriculum, or the first year of the last 4 years of a 6-year post high school curriculum, leading to an M.D. degree.
(2) “Second-year student” means an individual enrolled in the second year of a 3 or a 4-year curriculum, or the second year of the last 4 years of a 6- year post high school curriculum leading to an M.D. degree.
(3) “Third-year student” means an individual enrolled in the third year of a 3 or a 4-year curriculum, or the third year of the last 4 years of a 6-year post high school curriculum leading to an M.D. degree.
(b) Paragraph (a) of this section does not apply to a school which in school year 1977-78 had an enrollment of full-time- first-year students which was at least 25 percent greater than its enrollment of full-time third-year students.
(c) The following students enrolled in the third-year class who were not enrolled in the second-year class may not be counted in meeting the increase required by this section:
(1) Students who are not citizens of the United States.
(2) Students who were previously enrolled in a U.S. school of medicine which must increase its enrollment under the provision of this law.
(3) Students who were previously enrolled in a U.S. school of medicine in
FEDERAL REGISTER, V O L 43 , N O . 140— THURSDAY, AUGUST 17, 1978
36444
which a third-year position was available for them in school year 1978-79.
(4) Students who were first enrolled after October 12, 1976, in a school of medicine not in a State. For purposes of this paragraph, an individual will be considered enrolled in a school of medicine not in a State at the point at which the individual is enrolled in a course of study which is part of the medical school curriculum and is included in the transcript of the medical school.
(5) Students who were previously enrolled in a school of dentistry or osteopathy. .
(6) Students who were previously enrolled in a non-accredited school of medicine.
(d) Students first enrolled in a school of medicine in school year 1978-79 as full-time second-year students who are citizens of the U.S. and who were enrolled prior to October 12, 1976, in a school of medicine not in a State shall be considered full-time third-year students for purposes of this subpart.§ 57.504 Waiver provisions.
(a) (1) The Secretary may waive in whole or in part the requirement in §57.503 if the Secretary determines: (i) After receipt of the written recommendation of the recognized body or bodies approved by the Commissioner of Education for accrediting purposes, that the enrollment of these students would result in the school’s not maintaining the accreditation standards of the recognized body or bodies or (ii) that because of the inadequate size of the population served by the hospital or clinical facility in which such school conducts its clinical training, an increase in the enrollment of third- year students to meet the requirement will prevent it from providing high quality clinical training for each of its third-year students.
(2) In determining whether the school will receive a waiver under this paragraph, the Secretary will consider whether the school has explored all reasonable alternatives by which part or all of the increase required in § 57.503 could be taken in school year 1978-79 and whether the school’s attrition rate would enable the school to take all or part of the increase without preventing it from maintaining its accreditation or decreasing the quality of its clinical training.
(b) (1) The Secretary may waive in whole or in part the requirement in § 57.503 if the Secretary determines that a school has made a good faith effort to meet the increase, but has been unable to do so solely because there is an insufficient number of students who are eligible to be counted under § 57.503.
RULES AND REGULATIONS
(2) In determining whether a school will receive a good faith waiver, the Secretary will consider whether the school has made a serious and substantial effort to obtain the increase required by §57.503 as supported by findings including the following:
Ci) The school actively sought eligible applicants in an effort to reasonably assure that the required enrollment increase would be achieved.
(ii) The time limit for receipt of applications was reasonable in light of section 771(b)(3) and these regulations.
(iii) The admission criteria were designed to provide a reasonable number of students who are countable under the statute with an opportunity to be seriously considered for admission to the third-year class or the second-year class, where applicable.
(iv) The admission criteria were those generally applicable to students seeking to enter the school at the third-year level and were applied equitably to all applicants for positions at that level.
(v) The number of written offers of unconditional acceptance to students who are countable under section 771(b)(3) constituted a reasonable attempt to meet the required enrollment increase.
(3) A school which applies for, but is denied, a good faith waiver will receive a grant award conditional on its achieving the required enrollment increase. This enrollment increase, to be achieved no later than December 31, 1978, must be documented to the Secretary before grant funds will be released for expenditure, or the grant will be terminated.
[FR Doc. 78-22637 Filed 8-16-78; 8:45 am]
[6712-01]Title 47— Telecommunication
CHAPTER I— FEDERAL COMMUNICATIONS COMMISSION
PART 0— COMMISSION ORGANIZATION
Establishment of the Network Inquiry Special Staff
AGENCY: Federal Communications Commission.ACTION: Amendment of rules.SUMMARY: This amendment changes the Commission’s rules to reflect the establishment of the network inquiry special staff to study commercial television network policies and practices.EFFECTIVE DATE: August 23, 1978.ADDRESS: Federal Communications Commission, Washington, D.C. 20554
FOR FURTHER INFORMATION CONTACT:
Bernard I. Kahn, Office of Executive Director, 632-7513
SUPPLEMENTARY INFORMATION:Adopted: August 8,1978.Released: August 14,1978.
Order. In the matter of editorial amendment of part O of the Commission’s rules to reflect establishment of the network inquiry special staff.
1. On March 15, 1978, the Commission formally established a new network inquiry special staff to conduct an inquiry into commercial television network policies and practices and the ability of station licensees to serve the public interest. The inquiry staff was formed as a separate organizational unit reporting directly to the Commission. It is appropriate, therefore, that the Commission’s rules be amended to incorporate the network inquiry special staff as an official organizational element of the FCC.
2. This order is issued to incorporate the special staff into § 0.5 of the Commission’s rules and regulations and add a new § 0.176 describing the functions of the special staff.
3. Because this amendment relates to internal Commission organization and practice, the prior notice and effective date provisions of section 4 of the Administrative Procedure Act, 5 U.S.C. 553, do not apply.
4. Authority for the amendment adopted herein is contained in sections 4(i) and 5(b) of the Communications Act as amended.
5. Accordingly, it is ordered, That effective August 23, 1978, part O of the Commission’s rules and regulations is amended as set forth below.(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303).)
R. D. L ichtwardt, Executive Director.
Part 0 of chapter I of title 47 of the Code of Federal Regulations is hereby amended as indicated below.
1. Sections 0.5(a)(13) and 0.5(b)(6) are added to read as follows:§ 0.5 General description of Commission
organization and operations.(a) Principal staff units. The Com
mission is assisted in the performance of its responsibilities by its staff, which is divided into the following principal units:
* * * * *
(13) Network inquiry special staff.(b) Staff -responsibilities and func
tions. The organization and functions of these major staff units are described in detail in §§0.11-0.176. The defense and emergency preparedness
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36445
functions of the Commission are set forth separately, beginning at §0.181. For a complete description of staff functions, reference should be made to these provisions. (See also the U.S. Government Organization Manual, which contains a chart showing the Commission’s organization, the names of the members and principal staff officers of the Commission, and other information concerning the Commission.) So that the public may more readily inform itself concerning the operations of the Commission as a whole, concerning the staff officials who exercise responsibility over matters in which they are interested and concerning the relationship between the several staff units in such matters, however, a brief overall description of staff functions and responsibilities is set forth in this paragraph.
* • • • •(6) Network inquiry spécial staff.
The network inquiry special staff has primary responsibility for the conduct of a special inquiry relating to commercial television network practices and the ability of station licensees to serve the public interest, and related policy issues.
* * * * *2. Section 0.176 is added to read as
follows:Network I nquiry S pecial Staff
§ 0.176 Functions of the staff.The network inquiry special staff is
responsible for conducting a fact-gathering investigation and preparing a final report to the Commission relating to commercial television network practices, the ability of station licensees to serve the public interest, and related policy issues.
[FR Doc. 78-23126 Filed 8-16-78; 8:45 am]
[4910-60]Title 49— Transportation
CHAPTER I— MATERIALS TRANSPORTATION BUREAU, DEPARTMENT OF TRANSPORTATION
[Docket No. HM-163; Arndt. Nos. 171-41, 173-119, 178-49]
BUREAU OF EXPLOSIVES
Withdrawal of Certain Delegations of Authority
AGENCY: Materials Transportation Bureau, DOT.ACTION: Final rule.SUMMARY: The purpose and intended effect of these amendments to the
Department’s hazardous materials regulations is to withdraw all of those delegations of authority to the Bureau of Explosives (hereinafter referred to as the B of E) which pertain to (1) examination and approval of cigarette lighters or other similar ignition devices (§ 173.21(d)); (2) cylinder test apparatus approval (§ 173.34(e)(1)); (3) registration of container manufacturers’ mark or symbol; and (4) filing of reports. The few references to the B of E in Part 179—Specifications for Tank Cars—are not included in this rule- making and will be included in a future notice. This action, is being taken as an additional step in conforming existing programs with the purposes of the Hazardous Materials Transportation Act.DATE: The effective date is August17,1978.FOR FURTHER INFORMATION CONTACT:
Alan I. Roberts, Associate Directorfor Hazardous Materials Regulation,Materials Transportation Bureau,Research and Special Programs Administration, Washington, D.C.20590, 202-426-0656.
SUPPLEMENTARY INFORMATION: Upon the formation of the Department of Transportation in 1967, the functions of the Interstate Commerce Commission (ICC) relative to formulating regulations for the safe transportation of explosives and other dangerous articles (hazardous materials) pursuant to 18 U.S.C. 831-835 were transferred to the Secretary of Transportation by section 6(e)(4) of the Department of Transportation Act (49 U.S.C. 1657(e)(4)). The hazardous materials regulations have been administered by the Department of Transportation since that time.
As a matter of routine, the ICC had delegated certain functions to a nongovernmental body, the B of E. Such delegations were made pursuant to paragraph (e) of 18 U.S.C. 834, which provided that:
(e) In the execution of sections 831-835, inclusive, of this chapter the Commission may utilize the service of carrier and shipper associations, including the Bureau for the safe transportation of explosives and other dangerous articles * • *.
The Hazardous Materials Transportation Act (title I of Pub. L. 93-633) (HMTA), enacted January 3, 1975, under which authority the hazardous materials regulations were reissued effective January 3, 1977, does not contain any reference to this practice of Federal reliance on authority delegated to the B of E. The HMTA directs the Secretary of Transportation to “take all steps necessary to bring * * • regulations into conformity with (its) purposes and provisions * * * as soon
as practicable * • V* (§ 114(b)(2)). Reissuance of the hazardous materials regulations was undertaken to comply with this direction. Withdrawal of delegations to the B of E is being undertaken for the same reason.
Over the past several years, a number of the delegations have been deleted or assumed by the Department in conjunction with various specific rulemaking projects, including the recent docket HM-103/112 amendments (41 FR 15972, 41 FR 40614, and 41 FR 57018) which consolidated all of the Department’s hazardous materials regulations into 49 CFR Parts 100-199.
These amendments constitute the first action in an overall phased program to withdraw all of the delegations of authority to the B of E in 49 CFR Parts 100-199. The amendments herein constitute a withdrawal of some of the functions previously delegated and an assumption thereof by the Materials Transportation Bureau (MTB). The MTB has engaged the Department’s Transportation Systems Center (TSC), Cambridge, Mass., to perform all of the functions addressed herein under the direction and supervision of the MTB, with the exception of § 173.34(e)(1). The delegations to the B of E remaining after this action will be dealt with in future rulemaking actions.
In the case of functions herein assumed by the MTB, or to be performed by the TSC, as well as those to be considered in future rulemaking, it is necessary to provide for continuity and continued effectiveness of existing B of E registrations for a specified transition period. Accordingly, a new section 171.18 is being added to provide for continued effectiveness of any registration that is valid at the time MTB assumes that registration function. Such registrations continue to be valid until they lapse in the normal course, with one exception in § 173.34(e)(1), or are otherwise restricted by regulation. “Registration” (e.g. § 178.1-4(a)), a clerical function, is distinct from the filing of “reports” (e.g. § 178.1-9(f)), also a clerical function, but one for which renewal is unnecessary. Both functions are distinct from “approval,” a judgmental function to be treated in a subsequent notice of proposed rulemaking (except for §§ 173.34(e)(1) and 173.21(d), treated herein).
In the course of evaluating B of E delegations, the MTB expects to propose amendments to many of the sections requiring departmental action in order to establish substitute performance criteria, or to simplify, clarify, or delete such requirements. The amendments in this document may be subject to further rulemaking.
The function in section 173.34(e)(1) herein withdrawn from the B of E will
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36446 RULES AND REGULATIONS
be performed on an interim basis by persons qualified under section 173.300a. Section 173.34(e)(1) presently requires B of E approval of equipment used in periodic retesting of DOT specification compressed gas cylinders. Persons qualified under section 173.300a are presently authorized to verify inspections and tests required in the construction of new cylinders. Because the knowledge and skills required for inspection and test verifications on new cylinders are clearly adequate for inspection of retesting equipment, the MTB intends to rely on persons so qualified to inspect retest equipment until such time as other criteria may be developed. However, an existing backlog of applications for equipment inspection under section 173.34(e)(1) requires immediate attention. During this interim period, anyone wishing to arrange for inspection under section 173.34(e)(1) should contact the MTB.
Since these amendments do not impose additional requirements, public notice has not been provided and this amendment is effective without delay. The MTB has determined that the environmental and economic impact associated with these amendments is minimal. Primary drafters of this document are Darrell L. Raines, Exemptions and Regulations Termination Branch, Office of Hazardous Materials Regulation, and George W. Tenley, Office of Chief Counsel, Research and Special Programs Administration.
In consideration of the foregoing, 49 CPR Parts 171, 173, and 178 are amended as follows:PART 171— GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. In § 171.8 new definitions of the abbreviations “MTB” and “MTB- TSC” are added immediately following the definition of “Motor vehicle” to read as follows:§ 171.8 Definitions and abbreviations.
* * * * *
“MTB” means the Materials Transportation Bureau, U.S. Department of Transportation, Washington, D.C. 20590.
“MTB-TSC” means the Transportation Systems Center, Cambridge, Mass. 02142 (for functions performed under the direction and supervision of the MTB). **
• * * * *2. § 171.18 is added to read as follows:
§171.18 Continuation of effectiveness of existing Bureau of Explosives registrations.
A registration filed with the Bureau of Explosives in compliance with a re
quirement of this subchapter, which is valid at the time that registration function is assumed by the MTB or MTB-TSC, remains valid to the same extent as if it had been filed originally with MTB or MTB-TSC.
PART 173— SHIPPERS— GENERAL RE- QUIREMENTS FOR SHIPMENTS AND PACKINGS
3. In § 173.21 paragraph (d) is revised to read as follows:§ 173.21 Prohibited packing.
* * * • ■ *(d) The offering for transportation
of any package containing a cigarette lighter or other similar ignition device charged with fuel and equipped with an ignition element, or any self-lighting cigarette, is forbidden unless the design of the device and its packaging insofar as they affect safety in transportation have been examined and approved by MTB-TSC. (An approval which was issued by the B of E remains valid to the same extent as if it had been issued by MTB-TSC.) For lighters containing flammable gases, also see § 173.308.
4. The words “Bureau of Explosives” is changed to read “MTB-TSC” in § 173.24(0(1)(ii).
5. In § 173.34 paragraph (e)(1) is revised to read as follows:§ 173.34 Qualification, maintenance, and
use of cylinders.* * * * *
(e) * * *(1) This periodic retest must include
a visual internal and external examination together with a test by interior hydrostatic pressure in a water jacket or other apparatus of suitable form for the determination of the expansion of the cylinder. Each person who represents that he performs retesting in accordance with this paragraph must have a retester’s identification number issued by the MTB or have a valid Bureau of Explosives approval issued prior to August (effective date of these amendments) 1978. Such persons holding a B of E approval, without a termination date must obtain a retester’s identification number from MTB before December 31, 1979. The internal inspection may be omitted for cylinders of the type and in the service described under paragraphs (e) (9) and (10) of this section.
* * * * *6. The words “Bureau of Explosives”
are change to read “MTB-TSC” each time they appear in the following sections:
Sections 173.34(1X2); 173.34(1X3);173.119(b)(3) note 1.
* * * * *
PART 178— SHIPPING CONTAINER SPECIFICATIONS
7. The words “Bureau of Explosives” are changed to read “MTB-TSC” each time they appear in the following sections:§ 178.1-4(a)§ 178.1-9(f)§ 178.2-6(a)(2)§ 178.3-8(a)(2)§ 178.4-4(b)§ 178.4-8(f)§ 178.5-9(f)§ 178.6-10(f)§ 178.7-7(a)(2)§ 178.8-7(a)(2)§ 178.12-9(a)(2)§ 178.13-5(a)(2)§ 178.14-7(a)(2)§ 178.15-7(b)§ 178.19-6(a)(3)§ 178,24-5(a)(2)§ 178.33-9(a)(2>§ 178.35-3(b)(2)§ 178.36-4(d)§ 178.37-4(d)§ 178.38-4(d)§ 178.39-4(d)§ 178.40-4(d)§ 178.41-4(d)§ 178.42-4(d)§ 178.43-4(d)§ 178.44-4(d)§ 178.47-4(d)§ 178.48-4(d)§ 178.49-4(d)§ 178.50-4(d)§ 178.51-4(d)§ 178.52-19(a)(2)§ 178.53-18(a)(2)§ 178.54-20(a)(2)§ 178.55-20(a)(2)§ 178.56-19(a)(2)§ 178.57-20(a)(3)§ 178.58-21(a)(2)§ 178.59-18(a)(2)§ 178.60-22(a)(2)§ 178.61-20(a)(2)§ 178.68-19(a)(2)§ 178.81-ll(a)(2)§ 178.83-ll(a)(2)§ 178.85-10(a)(2)§ 178.88-10(a)(2)§ 178.90-10(a)(2)§ 178.92-12(a)(2)§ 178.98-9(a)(2)§ 178.100-9(a)(2)§ 178.102-4(a)(2)§ 178.107-9(a)(2)§ 178.109-9(a)(2)§ 178.111-8(a)(2)§ 178.115-10(a)(2) § 178.117-ll(aX2) § 178.119-10(a)(2) § 178.131-9(a)(3)§ 178.133-9(a)(2)§ 178.135-8(a)(3)§ 178.140-6(a)(2)§ 178.146~15(a)(2) § 178.148-5(a)(2)§ 178.150-7(a)(3)§ 178.165-13(b)§ 178.169-18(d)§ 178.171-17(d)
§ 178.1-8(a)(2)§ 178.2-4(a)§ 178.3-4(a)§ 178.3-9(f)§ 178.4-7(a)(2)§ 178.5-7(a)(2)§ 178.6-8(a)(2)§ 178.7-3(a)§ 178.7-8(f)§ 178.9-7(aX2)§ 178.13-2(a)§ 178.14-3(a)§ 178.14-8(f)§ 178.18-8(a)(2)§ 178.21-2(b)(2)§ 178.27-2(0(2)§ 178.33a-9(a)(2)§ 178.35a-2(c)(2)§ 178.36-20(a)(3)§ 178.37-20(a)(3)§ 178.38-20(a)(2)§ 178.39-19(a)(2)§ 178.40-20(a)(2)§ 178.41-19(a)(2)§ 178.42-14(a)(2)§ 178.43-20(a)(2)§ 178.44-23(a)(2)§ 178.47-21(a)(2)§ 178.48-19(a)(2)§ 178.49-19(a)(2)§ 178.50-19(a)(2)§ 178.52-4(d)§ 178.53-4(d)§ 178.54-4(d)§ 178.55-4(d)§ 178.56-4(d)§ 178.57-4(d)§ 178.58-4(d)§ 178.59-3(0 § 178.60-3(0 § 178.61-4(d)§ 178.68-4(d)§ 178.80-11(a)(2)§ 178.82-ll(a)(2)§ 178.84-ll(a)(2)§ 178.87-ll(a)(2)§ 178.89-9(a)(2)§ 178.91-ll(a)(2)§ 178.97-9(a)(2)§ 178.99-9(a*)(2)§ 178.101-9(a)(2)§ 178.103-6(a)(3)§ 178.108-9(a)(2)§ 178.110-8(a)(2)§ 178.112-10(a)(2) § 178.116-10(a)(2) § 178.fl8-10(a)(2) § 178.130-8(a)(2)§ 178.132-9(a)(3)§ 178.134-4(a)(2)§ 178.136-9(a)(2)§ 178.*141-7(a)(2)§ 178.147-15(a)(2) § 178.149-7(a)(2)§ 178.156-12(a)(2) § 178.168-18(d)§ 178.170-17(d)§ 178.172-19(b)
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36447
8 178.176-6(b)8 178.181-ll(b)§ 178.185-19(b) f 178.186-19(b)8 178.190-9(a)(2)8 178.193-6(a)(2)8 178.196-15(a)(2)8 178.198-4(a)(2)8 178.206-18(a)(2)8 178.208-12(a)(2)8 178.209-14(a)8 178.211-6(a)(2) .8 178.214-17(a)(2)8 178.218-10(a)(2)8 178.219-13(a)(2)8 178.224-4(a)(2)8 178.225-3(a)(2)(ii) 8 178.230-8(a)(2)8 178.234-9(a)(2)§ 178.237-7(b)8 178.239-7(b)8 178.241-5(b)8178.255-15.
8 178.177-6(b)8 178.182-4(a)(2)8 178.185-22(0(2)8 178.187-5(b)8 178.191-9(a)(2)8 178.194-6(b)8 178.197-14(a)(2)8 178.205-18(a)(2)8 178.207-18( a)( 2)8 178.209- 13(aX2)8 178.210- 12(a)(2)8 178.212-8(a)(2)8 178.214-18(a)8 178.218- ll(a)8 178.219- 14(a)8 178.225-3(a)(l)(ii) 8 178.226-4(a)(2)8 178.233-9(a)(2)8 178.236-7(b)8 178.238-7(b)8 178.240-10(a)(2)8 178.245-7(a)
(49 U.S.C. 1803, 1804, 1808; 49 CFR 1.53(e).)The Materials Transportation Bu
reau has determined that this final regulation will not have a major economic impact under the terms of Executive Order 12044 and DOT implementing procedures (43 PR 9582). A regulatory evaluation is available for review in the docket.
Issued in Washington, D.C., on August 10,1978.
L. D. S antman, Acting Director,
Materials Transportation Bureau.
[FR Doc. 78-22739 Filed 8-16-78; 8:45 am]AIl [4910-06]
j CHAPTER II— FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
L •[Docket No. RSRM-1, Notice 5]
I"PART 221— REAR END MARKING
DEVICE— PASSENGER, COMMUTER, AND FREIGHT TRAINS
Approved DevicesAGENCY: Federal Railroad Administration (FRA), Department of Transportation.ACTION: Final rule amendment.SUMMARY: Part 221 establishes requirements for the installation of rear end marking devices that are to be used on passenger, commuter, and freight trains. The purpose of this notice is to amend part 221 by the addition of a new appendix which sets forth those specific devices that have been approved by FRA as of July 26, 1978.DATES: This amendment is effective August 25,1978.
FOR FURTHER INFORMATION CONTACT:
P rincipal Authors
Principal program person: John A. McNally, Office of Safety, Federal Railroad Administration, Washington, D.C. 20590, 202-426-9178.
P rincipal Attorney
Lawrence I. Wagner, Office of the Chief Counsel, Federal Railroad Administration, Washington, D.C. 20590, 202-426-8836.
SUPPLEMENTARY INFORMATION: The Federal Railroad Safety Authorization Act of 1976 (Pub. L. 94-348, “the act”) required the Secretary of Transportation to issue such rules as may be necessary to require that “the rear car of all passenger and commuter trains shall have one or more highly visible markers which are lighted during periods of darkness or whenever weather conditions restrict clear visibility;” and “the rear car of all freight trains shall have highly visible markers during periods of darkness or whenever weather conditions restrict clear visibility” (Pub. L. 94-348, section 5(b)).
On January 11, 1977, FRA published a final rule prescribing the requirements for the installation of a rear end marking device for use on passenger, commuter, and freight trains (42 FR 2321). The rule establishes performance standards for marking devices and requires that the Federal Railroad Administrator approve devices that are to be installed.
On December 8, 1977, FRA amended part 221 by the addition of appendix A which set forth the specific procedures by which railroads subject to this part are to obtain approval of the marking devices to be used on passenger, commuter, and freight trains (42 FR 62002). This amendment also postponed, from January 1,1978, to July 1, 1978, the date trains subject to part 221 must be equipped with approved marking devices.
Several railroads have now obtained approval of marking devices in accordance with the procedures set forth in appendix A. Additionally, FRA has received many individual requests for information on approved devices. Consequently, FRA has decided to publish appendix B to reflect those devices that have received FRA approval as of July 26,1978.
The approved devices identified in appendix B have been broken into two parts. Part I identifies those devices which were assembled by a manufacturer for the railroad industry and were tested for the manufacturer either by an independent testing laboratory or by the manufacturer’s own testing facilities. Consequently, all of
the required test data may be obtained from the manufacturer. Part II identifies devices which were assembled for a specific carrier either by the railroad involved or by a manufacturer and may contain components furnished by a variety of sources. Testing of these devices was performed in most instances by an independent testing laboratory or by the carrier’s own testing facilities. Consequently, acquisition of the test data may require contacting both the carrier and the manufacturer of the components.
The addition of appendix B consi- tutes a statement of policy by the FRA. In accordance with the provisions of section 553 of the Administrative Procedure Act (5 U.S.C. 533), notice and public procedure are not required and this amendment may be made effective in less than 30 days after publication. Furthermore, FRA has evaluated the addition of this appendix in accordance with the Department of Transportation’s existing and proposed policies for the evaluation of regulatory impacts, discussed in the F ederal R egister on June 1, 1978 (43 FR 23925), and has concluded that this appendix will have no measurable regulatory impact.
In light of the foregoing, title 49 CFR, chapter II, part 221 is amended, effective August 25,1978, as follows:
1. 49 CFR part 221 is amended by adding a new appendix B as follows:Append ix B—Approved R ear E nd M arking
D evices
PART I — APPROVED DEVICES TESTED POR OR BY MANUFACTURERS
1. Manufacturer: Star Headlight & Lantern Co., 168 West Main Street, Honeoye Falls, N.Y. 14472.
FRA identification Nos. FRA-PLE-STAR- 845-F (flasher) and FRA-PLE-STAR-845-C (steady bum).
2. Manufacturer: Julian A. McDermott Corp., 1639 Stephen Street, Ridgewood, Long Island, N .i. 11227.
FRA identification Nos. FRA-MEC-MCD- 100-C (steady bum), FRA-MEC-MCD-100- F (flasher), FRA-MEC-MCD-300-C (steady bum), and FRA-MEC-MCD-300-F (flasher).
3. Manufacturer: American Electronics, Inc.,1 40 Essex Street, Hackensack, N.J. 07601.
FRA identification Nos. FRA-DRGW- YANK-300 (portable strobe), FRA-WP- YANK-301R (flashing), FRA-WP-YANK- 305R (flashing), and FRA-WP-YANK-306R (steady bum).
PART I I — APPROVED DEVICES TESTED FOR OR BY RAIL CARRIERS
1. Carrier: Atchison, Topeka & Santa Fe Railway Co., Technical Research & Development Department, 1001 Northeast Atchison Street, Topeka, Kans. 66616.
Manufacturer: Trans-Lite, Inc., P.O. Box 70, Milford, Conn. 06460.
FRA identification Nos. FRA-ATSF-TL- 875-150, FRA-ATSF-TL-875-60, FRA-
‘Note.—Yankee Metal Products Corp. previously produced these devices.
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36448
ATSF-TL-875-4412, and FRA-ATSF-TL- 200.
2. Carrier Amtrak—National Railroad Passenger Corporation, 400 North Capitol Street NW.,Washington, D.C. 20001.
Manufacturer: (a) Trans-Lite, Inc., P.O. Box 70, Milford, Conn. 06460.
FRA identification Nos. FRA-ATK-TL- 3895-1, FRA-ATK-TL-4491-2, FRA-ATK- TL-4491-3, and FRA-ATK-TL-FM-4491-1.
Manufacturer: (b) Luminator Division of Gulfton Industries, Inc., 1200 East Dallas North Parkway, Plano, Tex. 75074.
FRA identification No. FRA-ATK-LUM- 0101890-001.
Manufacturer: (c) Whelen EngineeringCo., Inc., Deep River, Conn. 064171 ____
FRA identification No. FRA-ATK-WHE- WERT-12".(Sec. 202, 84 Stat. 971 (45 U.S.C. 431); sec. 1.49(n) of the regulations of the Office of the Secretary of Transportation, 49 CFR 1.49(B).}
Issued in Washington, D.C., on August 11,1978.
J ohn M. S ullivan, Administrator.
[FR Doc. 78-23090 Filed 8-16-78; 8:45 am]
[4910-59 ]
CHAPTER V— NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
[Docket No. 1-22; Notice 5]PART 571— FEDERAL MOTOR VEHICLE SAFETY STANDARDS
Vehicle Identification NumbersAGENCY: National Highway Traffic Safety Administration, Department of Transportation.ACTION: Final rule.SUMMARY: This notice amends standard No. 115, vehicle identification number, to extend its applicability to additional classes of motor vehicles and to specify its content and format. The action was undertaken because of the increased use of vehicle identification mumbers by the safety community, and is intended to extend and simplify VIN use.EFFECTIVE DATES: January 1, 1980, for passenger cars; September 1, 1980, for other vehicles.FOR FURTHER INFORMATION CONTACT:
Mr. Nelson Erickson, Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, D.C. 20590, 202-426-0854.
SUPPLEMENTARY INFORMATION: On January 16, 1978, the National Highway Traffic Safety Administra-
RULES AND REGULATIONS
tion (NHTSA) published a notice of proposed rulemaking (43 FR 2189) which proposed extending the applicability of Federal motor vehicle safety standard No. 115 dealing with vehicle identification numbers (49 CFR 571.115) to additional classes of vehicles and specifying VIN format and content for specific classes of vehicles.
The uses and users of the vehicle identification number (VIN) were discussed in detail in the previous notice. In summary, the VIN is used as the key identifier of a vehicle by motor vehicle administrators, manufacturers, insurance companies, law enforcement agencies and the NHTSA, and is the cornerstone of the safety defect recall program. Also discussed in the previous notice were the longstanding efforts by several groups in thé United States and abroad to standardize the VIN format and content and the two major and incompatible VIN systems previously proposed by the International Standards Organization and the Vehicle Equipment Safety Commission.
The system developed by the International Standard’s Organization (ISO), with the participation of United States representatives from industry and government, consists of 17 characters and is flexible in terms of content. A second system developed by the Vehicle Equipment Safety Commission (VESC), working in conjunction with the American Association of Motor Vehicle Administrators (AAMVA), consists of 16 characters whose characteristics are rigidly defined. While the Motor Vehicle Manufacturers Association (MVMA) attempted to establish a compromise position between the ISO and VESC-AAMVA systems by letter to Commissioner C. B. Craig of California (a copy of which was submitted to the docket), neither party appears to have been persuaded to alter their system and both continue to urge that the jurisdictions they serve and the NHTSA adopt their system.
By issuing a proposal which the NHTSA believed was a first step in establishing a better-engineered, more flexible system serving all users to the greatest degree possible, the agency hoped to elicit comments which would aid it in this endeavor. While some comments merely recited their belief that either the ISO or the VESC- AAMVA system should be adopted in toto, most were helpful in their analysis of the NHTSA proposal. All comments were carefully considered.
The NHTSA concludes it should not change its previous position that neither the ISO nor the VESC-AAMVA systems are sufficient to satisfy the broadest group of potential users of the VIN in the most efficient fashion. In the case of the ISO system, the ligi-
timate needs of the motor vehicle administrators for descriptive information concerning the vehicle identified were not met. It should be pointed out the ISO saystem was never meant to serve this need, but merely to identify the vehicle. The VESC-AAMVA systems, on the other hand, while admirably suited to the needs of the States did not take into account fully the needs of the manufacturers and the NHTSA. The most significant comments concerning the NHTSA proposal are discussed below.
P reemption
A threshold question discussed in the notice of proposed rulemaking (NPRM), but raised again by the comments, related to the preemptive effective of the NHTSA standard on nonidentical State standards relating to the same aspect of performance (see § 103(d) of the National Highway Traffic and Motor Vehicle Safety Act. 15 U.S.C. 1392(d)). This issue was most comprehensively discussed by the Maryland Department of Transportation, which raised two basic points.
First, Maryland called the attention of the agency to the preamble of the notice which originally established Federal motor vehicle safety standard No. 115 (33 FR 10207). As originally established in 1968, the Standard did not specify requirements regarding either the content or the format of the VIN. In that notice, the Administrator stated that State laws relating to identifying numbers used for titling purposes did not conflict with the standard as then drafted and therefore were not preempted.
The question, however, is not whether standard No. 115 as originally issued 10 years ago preempted State standards, but whether the expanded standard regarding VIN format and content being promulgated today preempts the States in regulating this aspect of the VIN. As stated in the advance notice of proposed rulemaking (41 FR 38189) and the NPRM, and as reiterated here it is the agency’s view that standard No. 115 as promulgated by this notice fully occupies the area of VIN format and content and preempts State and local requirements relating to the same matter.
The second legal argument raised by Maryland is that by establishing the format and content of the VIN, the NHTSA is “unabashedly violating fundamental constitutional principles of federalism.” The gist of Maryland’s argument, as we understand it, is that establishing the content and format of the VIN makes it necessary for the States to purchase computers and recordkeeping equipment and thereby makes them “quasi-departments and instrumentalities” of the NHTSA. In support of their position, they cite Na-
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
tional League of Cities v. Usery., 426 U.S. 833, 96 S. Ct. 2465, 49 L. Ed. 2d 245(1976).
The NHTSA finds no merit in this argument. National League of Cities v. Usery concerned the direct imposition of Federal minimum wage standards by Congress on the States with an additional cost of millions of dollars in State employee salaries and an effect which curtailed the ability of the States to carry on a number of their essential functions. The result of the implementation of standard No. 115 has no greater effect on the States than do any of the other Federal Safety Standards which prescribe minimum performance standards for and affect the cost of vehicles which the States purchase. Further, there is no indication in the docket that the VIN format and content established by this notice, as compared to that contained in the VESC-AAMVA system, will have a substantial effect on the States or, as put in Fry v. United States, 421 U.S. 542, 95 S. Ct. 1792, 44 L. Ed. 2d 363 (1975), impair- their “ability to function effectively in a Federal system”.
A final argument relating to the preemption issue which was raised in some comments is that the NHTSA has failed to consult with the VESC, as required by § 103(f)(2) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.1392(f)(2)) and therefore the issuance of a revised Standard No. 115 is invalid. The plain words of the statute and the legislative history of the Act show clearly that the process contemplated was advising the VESC of NHTSA proposals by issuing them and receiving the VESC comments. In this instance, comments were received from the VESC and carefully considered.
International H armonization
An important issue raised by most foreign manufacturers, the U.S. Department of Commerce, and the President’s Special Representative for trade negotiations, Ambassador Robert S. Strauss, was the incompatibility of the NHTSA proposal with the international standard adopted by the International Standards Organization and, subsequently, by the European Economic Community. This issue was raised not only in relation to the goal of international harmonization of national standards, but also the need to avoid the creation of unnecessary international obstacles to trade. In this regard, Mr. Strauss noted that a proposed code of conduct on preventing technical barriers to trade was under negotiation in the multilateral trade negotiations. This code would encourage adherents to use relevant international standards as the basis for na-
RULES A ND REGULATIONS
tional standards, except where their use would be inappropriate.
The NHTSA, as a rule, establishes its motor vehicle safety standards outside the channels of multilateral negotiations. NHTSA does recognize, however, the desirability and importance of fostering international cooperation wherever feasible and unfailingly regulates all manufacturers, be they domestic or foreign, in the same equitable fashion. Indeed, it was in this spirit that the NHTSA participated in the meetings which led to the creation of a number of ISO standards and proposals, including the one for the ISO VIN system.
However, through comments received during the rulemaking process, the NHTSA has become aware of the significantly greater potential of the VIN than is realized under the ISO system, both in terms of the amount of information which it can contain and its utility to various users. The efforts of the parties creating the VESC-AAMVA system and the ISO system, as well as their frank and forthright comments concerning the NHTSA proposals, have established clearly the parameters of VIN usefulness and the needs of the users.
Consequently, in developing a VIN format and content which allows it to be used in the most efficient fashion— a goal which all parties agree to—the agency believes it is establishing a VIN system whose merit can and will be recognized by all. Of key importance to the agency in this belief are two facts. First, the VIN format as adopted by the NHTSA is not incompatible with that adopted by the ISO. Further, it is in almost all ways compatible with the VESC-AAMVA system.
The first section of the NHTSA VIN which serves as a maker identifier is fully compatible with the systems proposed by the VESC-AAMVA and the ISO. Likewise the third section of the NHTSA VIN which serves as a vehicle indicator is fully compatible with the systems proposed by the VESC- AAMVA and the ISO. The second section of the NHTSA VIN, which serves as a vehicle description, is somewhat different in structure than that contained in the other two systems. However, it meets the informational needs of the VESC-AAMVA, while allowing the manufacturers the flexibility afforded by the ISO system coupled with the format which the ISO adopted.
Second, the ISO system, while adopted in Europe, has yet to be implemented by the manufacturers. The NHTSA sincerely hopes that the ISO, after considering the slight variations to its systems adopted by the agency, will modify its system to make it consistent with the NHTSA rule. In this
36449
way, international harmonization can be assured.
I nformation Coding and R etrieval T echniques
A short discussion of information coding and retrieval techniques will be helpful in understanding the VIN standard. . )
Information may be directly obtained from a series of alpha and numeric characters. For example, “FORD” indicates the name of an automobile manufacturer without further translation. The same manufacturer may also be represented by a single character, such as “F”, but that character must be deciphered to determine whether it represents Ford, Fiat or some other manufacturer. This process is called coding and decoding.
To decode a character, a “table look up” process is used. The dictionary may be either a reference document or a computer. In both instances, the character “F” will be assigned a meaning in the table, such as “F” means Ford, and looking up either “F” or Ford will allow its meaning to be determined.
The Character “F” may represent more than one piece of information, however, even though it is a single character. It can represent the name of a manufacture, e.g., Ford, the model of a vehicle produced by Ford, e.g., Pinto, and any other characteristics which the vehicle coded “F” has. This process is similar to a social security number which can be used as a key to a considerable amount of information about the individual to whom that number is assigned.
As a practical matter, this means that a manufacturer can encode more than five pieces of information in a five character code word. For example, if all 1980 Chevrolet Chevelle Malibu Estate Station Wagons were in the same weight class and contained the same restraint system, there would be no need to directly encode this information.
If a 1 character alpha/numeric coding system is used, there can only be 35 different unique codes (A-Z, 1- 9). For example, if the social security number consisted of only one character, only 35 individuals could be identified. Therefore, to increase the number of possible codes, more than 1 character is used. If 2 characters are used, there are 1225 possible codes; if 3 characters are used, there are 42,875 possible codes; if 4 characters are used, there are 1,500,625 possible codes; and if 5 characters are used, there are 52,521,875 possible codes. The number of possible codes increases exponentially as the number of characters within the code increases.
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36450
P urpose and S cope
Several comments to the docket Questioned whether the standard would be useful in simplifying vehicle certification. While the presence of a VIN on the certification label uniquely identifies the vehicle being certified and avoids the need for considerable additional identifying information concerning that vehicle, it is a secondary purpose and has therefore been eliminated as a rationale for promulgation of the standard from the Purpose and Scope section.
Application
The Truck Trailer Manufacturers Association and a number of individual trailer manufacturers strongly opposed the inclusion of truck trailers within the requirements of Standard No. 115. In support of their position, they pointed to the small size of many trailer manufacturers and their lack of access to sophisticated computer equipment. They also pointed to the lack of data relating to a serious safety problem involving trailer theft. Finally, they pointed to the overall government desire to reduce the regulatory burden on businesses.
The NHTSA considered carefully the issues raised by the trailer manufacturers. It concluded that the need for a unified VIN system outweighed the argument of these manufacturers. If States and other users, as well as recall campaigns, are going to establish computer capacity based on a 16 character plus check digit VIN system, allowing a different system will create substantial confusion and perhaps the loss of trailer VIN’s within the data base because of their aberrant format. Further, the use of a standardized VIN format will allow for the effective tracing of trailers for accident investigation purposes and the use of hidden partial VINs as a law enforcement tool.
In order to deal with the real problems facing the small manufacturer, however, much of the data proposed to be required of the trailer manufacturers has been eliminated. To the extent a limited number of models are produced, the necessary information can be simply represented. The first three characters would represent the maker identifier. The next five characters indicates the model in whatever fashion the manufacturer chooses. Thus, four of these characters could be standarized and only the fifth would be variable if only a limited number of models are made. The derivation of the next character, the check digit, is easily dealt with by the use of an inexpensive, hand held calculator. The representation of the plant and model year could also be standardized. The determination of the trailer’s production sequence, par-
RULES AND REGULATIONS
ticularly with a $mall annual output, should not be difficult. The information which is unique to a vehicle can be added to its VIN when the certification label is prepared.
A definition of “manufacturer” has been added to make clear that the final stage manufacturer is responsible for assigning and affixing the VIN.
Based on the suggestion of the Motor Vehicle Manufacturers Association, the term “type” has been substituted for the term “class”, but the definition remains the same.
The definition of “model year” is altered to limit the actual period of a model year to just under two calendar years. The NHTSA concludes this will deal with the problem of multi-year model years raised by the AAMVA comment.
R equirements
Several of the commenters expressed the view that affixing a tamperproof label which could not be removed intact was a better method of displaying the VIN than stamping it on a separate plate which was affixed to the vehicle. The language of § 4.3 is amended to indicate this is permissible. Volvo commented that the phrase “sunk into or embossed” was technically limiting, and the language is therefore broadened to read “appear clearly and indelibly.” The agency also wishes to call to the attention of the manufacturers selecting the option providing for a separate plate that whether or not a plate is “permanently affixed” is a matter which the agency intends to examine carefully.
Legibility R equirements
Many manufacturers commented unfavorably on the comprehensive legibility and positioning requirements of the VIN, stating they were design restrictive and unnecessary. In support of their position, they also pointed to increased retooling expenses and an increase in the size of the VIN plate if the requirements were adopted.
Consequently, the NHTSA concludes that it will limit its legibility requirements to the minimum necessary to ensure an accurate reading of the VIN. These specify a minimum character height of 4 mm and that only capital, sans serif characters appearing on a contrasting background shall be used. If future data indicates these requirements are not sufficient, they will be strengthened. §4.3.1 and §4.5 are therefore substantially amended and § 4.4.1 is deleted.
S ection I—M aker I dentifier
The use of the first three characters of the VIN to uniquely identify the manufacturer, make and type (previously-designated “class“) of the motor vehicle if the manufacturer produces
500 or more vehicles of its class annually is retained as proposed. The use of the first three characters of the VIN and the first three characters of the segment of the VIN which indicates the production sequence of the vehicle to identify manufacturers of less than 500 vehicles in a class annually is also retained.
The AAMVA comment in relation to the maker identifier requirement was that motor vehicle administrators register vehicles by make, never by manufacturer. Consequently, the requirement was said to be “totally redundant”. Foreign manufacturers, on the other hand, point out that a make classification is essentially a United States phenomenom, and is therefore not important. However, under the NHTSÀ proposal neither manufacturer nor make is directly represented in the identifier. If State motor vehicle administrators are concerned only with a vehicle make, they need only program their data processing equipment to derive the make from the three character identifier code. If foreign manufacturers do not utilize the make designation, then they need only advise the NHTSA of this fact when they submit information to the agency relating to the meaning of their identifier.
The Society of Automotive Engineers (SAE) pointed -out its work in the area of manufacturer identification and volunteered to be the repository and assignor of maker identifiers. The NHTSA must accept, of course, the ultimate responsibility concerning maker identifiers. The standard provides, however, that an agent of a manufacturer can submit the maker identifier. The NHTSA would welcome the SAE carrying out these responsibilities as the agent of manufacturers, thus avoiding the potential confusion and initial duplication forecasted by many comments.
Section II—Vehicle Attributes
Section II of the VIN, relating to vehicle attributes, caused the most confusion among those commenting. The AAMVA and VESC strongly opposed the NHTSA vehicle attributes section proposal, although the differences between th e , VESC-AAMVA system and the NHTSA system were minimal.
Under the VESC system, there would be five characters in the vehicle attribute section. The first four characters would be a “code word” from which a vehicle’s line, series and body type could be deciphered and the fifth would be a second “code word” decipherable into the engine type. Under the NHTSA proposal, the vehicle attribute section would have consisted of six characters representing a “code word” from which the information required by the VESC as well as addi-
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
tional information the NHTSA believed was important could be deciphered. Thus, the difference between the VESC and NHTSA resolved itself into the amount of information contained and the use of two code words versus one code word.
While many commenters recommended the use of the VESC system because of its fixed-length, fixed-field format, particularly in the second section, both systems were of a fixed length and, except for a specific position to represent engine type, both had the same degree of a fixed field.
After a review of the comments, the NHTSA has determined that all of the information proposed to be required is not necessary at this time as discussed below. Consequently, only five characters are needed in the vehicle attributes section to allow for an adequate number of code words to represent the required information. Because of this change the designation of the plant of manufacture has been moved to the third section as is discussed below. Further, the sixth character of this section has been replaced by the check digit as is also discussed below.
It would be useful at this time to review the NHTSA requirements for the vehicle attributes section promulgated in this notice as compared with the VESC-AAMVA and ISO systems.
A typical NHTSA vehicle attribute section for a passenger car would appear as follows: RX6302
The first five characters would be a code word from which is deciphered the line, series, body type, engine type, weight class, and restraint type. The sixth character would be the check digit. It should be noted that, the check digit need not be stored in a computer memory bank, as it can be regenerated during print out.
A typical VESC-AAMVA vehicle attribute section for a passenger car would appear as follows: RX63D
The first four characters would be a code word from which is deciphered the line, series and body type. The fifth character would be a code word decipherable into the engine type.
A typical ISO vehicle attribute section for a passenger car would appear as follows: RX63D2
All six characters would be decipherable into a series of discretionary vehicle attributes.
INFORMATIONAL REQUIREMENTS
Many commenters indicated that they believed much of the information required by the agency to be decipherable from the vehicle attribute section was not necessary. After a review of the comments, the NHTSA has determined to require for passenger cars only that information required by the VESC-AAMVA system and information relating to weight class and occu-
RULES AND REGULATIONS
pant restraint type. Information requirements for the other type of vehicles are also reduced.
Several comments pointed out that only the final stage manufacturer would be able to assign the VIN as the vehicle’s characteristics would not be known until that time. The comments also pointed out this raised a problem when a defect campaign was required of it first or second stage manufacturer. To ease this problem, the NHTSA has concluded that the identity of any previous manufacturers should be decipherable from the vehicle attribute section. This procedure has been developed by the Society of Automotive Engineers for their recommended practice for motor home vehicle identification numbers. The agency also assumes that manufacturers will keep sufficient records pursuant to their responsibilities under the National Traffic and Motor Vehicle Safety Act to trace incompleted vehicles sold to final stage manufacturers.
Because of the flexibility afforded by the five character vehicle attribute section, further information could be required in the future without any change in the VIN format as established by this rule.
S e c t io n I I I — V e h ic l e I d e n t if ie r
MODEL YEAR
The NPRM proposed that either a vehicle’s model year or the calendar year of manufacture be encoded in the first character of the vehicle identifier section. Many comments suggested this would be confusing, and that only model year should be encoded as this is thq^ most representative category. The NHTSA concurs in this view, andS4.5.3.1 is amended accordingly. While one comment suggested including a direct two digit code representing the last two numbers of the year, the NHTSA concludes that there is not sufficient space in the VIN to include two characters as a year identifier.
PLANT OF MANUFACTURE
Numerous comments were made relating to what was perceived as optional identification of the plant of manufacturé in the NHTSA proposal. As the proposal stated, however, the plant of manufacture was required to be identifiable either directly from the last character of the vehicle attributes section or indirectly from the entire VIN. At no time was the inclusion of the plant of manufacture made optional.
After reviewing the comments to the docket from the manufacturers, however, the NHTSA has concluded that the added flexibility of allowing the plant to be derived from the entire VIN rather than a specific character is not necessary, and that the more tra-
36451
ditional approach as embodied in the VESC-AAMVA and the ISO systems should be established. Consequently, plant of manufacture is now required to be designated in the second character of the third section (vehicle attributes section).
PRODUCTION SEQUENCE NUMBER
The NPRM proposed that the last six characters represent the sequential number of a vehicle when the manufacturer produced more than 500 vehicles annually of that type. The Truck Trailer Manufacturers Association stated that some of their members might desire to keep secret for competitive purposes the number of vehicles they produce annually. Since a manufacturer may begin his sequence at any number, however, so long as the order thereafter is maintained in sequence, the actual number of vehicles produced can be kept secret.
A number of comments pointed out that for various reasons a vehicle might be taken from a production line, thereby having an actual sequential number which differs from the production sequence number originally assigned by the manufacturer. The proposal is amended to indicate that the production sequence number is required. Other comments questioned how the system could deal with manufacturers who produced less than 500 vehicles in a class one year and more than 500 in the next. It should be noted that occasional overruns can be accommodated up to a total of 999 vehicles annually without the assignment of a different manufacturer identifier.
C h e c k D ig it
The requirement for a check digit is retained as proposed, but the check digit itself is repositioned within the VIN. Many commenters stated that the system proposed by the VESC- AAMVA, utilizing a computer “edit routine” as well designating many characters as either alpha or numeric, would be more efficient in reducing errors.
Both the check digit and the edit routine procedures are designed to reduce errors. The edit routine process analyzes the VIN in two areas. First, it considers the basic format utilized by a manufacturer, thereby discovering format errors. Second, it considers whether characters which should be either alpha or numeric meet these requirements. Thus, the edit routine can pinpoint with some accuracy where certain errors occur in a VIN.
The check digit routine, however, is able to discover errors missed by the edit routine process, such as mistaken characters of the same type (alpha or numeric). The check digit when used in conjunction with an edit routine
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36452
can find a greater proportion of errors than can be found using the basic edit routine proposed by some com- menters. Further, the check digit, unlike the edit routine which needs substantial data processing capability to be utilized, can be utilized by policemen or clerks equipped with an inexpensive handheld calculator.
As a practical matter, the NHTSA expects that many users of VINs will utilize a combination of the two routines to minimize VIN error. Thus, the format of a VIN will be checked against that expected for a particular manufacturer and the check digit will be utilized to ensure that VINs which are properly formatted also contain the proper alpha and numeric characters.
Given the fact that both approaches would reduce the error rate, the NHTSA concluded that it would utilize the check digit since its use did not limit the flexibility of the system. The fixed format proposed by VESC/ AAMVA did the information they sought. However, other users of the VIN, notably the manufacturers and the research community, were nqt provided the flexibility to make use of the potential capacity in the VIN to provide additional information.
Several of the commenters, particularly those from the insurance industry, raised the questions of whether the check digit would be utilized by all users and the inability to determine the correctness of the VIN if the check digit was not used. While the authority of the NHTSA extends only to motor vehicle manufacturers, the agency fully expects all users interested in maintaining the integrity of their records to utilize the VIN with the check digit.
Some commenters also stated their fear that when the VIN was reported from the field, some observers might neglect to include the check digit. Consequently, the check digit has been repositioned from the end of the VIN to the end of the second section to make it an integral part of the VIN.
Several commenters questioned the need for the check digit, pointing to the experience of the State of North Carolina in reducing its VIN transcription error rate to less than 1 percent without the benefit of either a check digit or alpha/numeric designation requirements. The NHTSA would seriously consider any petitions for reconsideration which clearly demonstrate that neither a check digit nor alpha/ numeric designation requirements is necessary to substantially reduce error in transcribing the VIN.
REPORTING REQUIREMENTS
Some commenters questioned the NHTSA proposal in that it allows manufacturers to display information
RULES AND REGULATIONS
in a unique format and to change that format with 60 days notice to NHTSA. They felt this would create confusion and the added expense of continual reprogramming.
However, it should be noted that the VESC-AAMVA system also allows manufacturers that same right, i.e., the right to change the code which represents various informational elements, but makes no provision for advance warning. Indeed, the VESC- AAMVA system is silent as to how the users of the VIN will be informed of the meaning of the characters adopted by manufacturers. Consequently, no change is made to the reporting requirements as proposed by the agency. It should be noted that the NHTSA does not anticipate that manufacturers will have any need to change codes within model years.
The principal authors of this notice are Nelson Erickson of the Office of Vehicle Safety Standards, Crash Avoidance Division and Frederic Schwartz, Jr., of the Office of Chief Counsel.
In consideration of the foregoing, standard No. 115, 49 CFR 571.115 is revised to read as follows:§ 571.115 Standard No. 115; Vehicle Identi
fication Number.51. Purpose and scope. This stand
ard specifies requirements for a vehicle identification system to simplify vehicle information retrieval and to reduce the incidence of accidents by increasing the accuracy and efficiency of vehicle defect recall campaigns.
52. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles.
53. Definitions. “Body type” means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roofline (e.g., sedan, fastback, hatchback).
“Check digit” means a single number or the letter X used to verify the accuracy of the transcription of the vehicle identification number.
“Engine Type” means a power source with specifically defined characteristics such as fuel utilized, number of cylinders, displacement, manufacturer and horsepower.
“Line” means a name which a manufacturer applies to a family of vehicles within a make which have a degree of commonality in construction, such as body, chassis or cab type.
“Make” means a name which a manufacturer applies to a group of vehicles.
“Manufacturer” means the entity responsibility for affixing the vehicle’s certification label.
‘-Model” means the term applied to a family of vehicles of the same type, make, line, series, and body type.
“Model Year” means the year used to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced, so long as the actual period is less than 2 years.
“Plant of manufacture” means the plant where the completed vehicle is assembled.
“Series” means a name which a manufacturer applies to a subdivision of a “line” denoting price, size or weight identification, and which is utilized by the manufacturer for marketing purposes.
“Type” means a class of vehicle distinguished by common traits, including design and purpose. Passenger cars, multipurpose passenger vehicles, trucks, buses, trailers and motorcycles are separate types.
“Vehicle identification number” means a series of arabic numbers and roman letters which is assigned to a motor vehicle for identification purposes.
S4. Requirements.54.1 Each vehicle shall have a vehi
cle identification number that is assigned by the manufacturer and a check digit which meet the requirements of this standard.
54.2 The vehicle identification numbers of any twa vehicles manufactured within a 30 year period shall not be identical.
54.3 The vehicle identification number and check digit of each vehicle shall appear clearly and indelibly upon either a part of the vehicle other than the glazing that is not designed to be removed except for repair" or upon a separate plate or label which is permanently affixed to such a part.
54.3.1 The type face utilized for the vehicle identification number and check digit shall consist of capital, sans serif characters and shall appear on a contrasting background. Each character shall have a minimum height of 4 mm.
54.4 The vehicle identification number and check digit for passenger cars and trucks of 10,000 pounds or less GVWR shall be located inside the passenger compartment. They shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eye-point is located outside the vehicle adjacent to the left windshield pillar.
54.5 VIN basic content The VIN shall consist of three sections of characters and shall be grouped accordingly.
54.5.1 The first section shall consist of three characters which uniquely identify the manufacturer, make and
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS 36453
type of the motor vehicle if its manufacturer produces 500 or more motor vehicles of its type annually. If the manufacturer produces less than 500 motor vehicles of its type annually, the first and second characters may be determined by the manufacturer, the third character shall be the number 9, and the manufacturer, make and type of the motor vehicle shall be identified in accordance with S4.5.3.3.
S4.5.2 The second section shall consist of five characters which shall uniquely identify the attributes of the vehicle as specified in Table I. The characters utilized and their placement within the section may be determined by the manufacturer, but the specified attributes must be decipherable with information supplied by the manufacturer under S6. In submitting data to the NHTSA relating to the gross vehicle weight rating, the following designations shall be utilized. No designations are specified for the VIN.
A. Not greater than 1,000 pounds.B. 1,000 pounds to 1,500 pounds.C. 1,500 pounds to 2,000 pounds.D. 2,000 pounds to 2,500 pounds.E; 2,500 pounds to 3,000 pounds.F. 3,000 pounds to 3,500 pounds.G. 3,500 pounds to 4,000 pounds.H. 4,000 pounds to 4,500 pounds.I. 4,500 pounds to 5,000 pounds.J. 5,000 pounds to 5,500 pounds.K. 5,500 pounds to 6,000 pounds.L. 6,000 pounds to 6,500 pounds.M. 6,500 pounds to 7,000 pounds.N. 7,000 pounds to 7,500 pounds.O. 7,500 pounds to 8,000 pounds.P. 8,000 pounds to 8,500 pounds.Q. 8,500 pounds to 9,000 pounds.R. 9,000 pounds to 9,500 pounds.S. 9,500 pounds to 10,000 pounds.T. Over 10,000 pounds.
T able I
Type of vehicle Information decipherable
Passenger Car........ Line, series, body type, engine type, gross vehicle weight rating, and restraint system type.
Multipurpose Line, series, body type, enginepassenger vehicle. type, and gross vehicle
weight rating.Truck....................... Model or line, series, chassis,
cab type, engine type, brake system, and gross vehicle weight rating.
Bus......................... . Model or line, series, body type, engine type, and brake system.
Trailer.................... i Type of trailer, series, body type, length, and axle configuration.
Motorcycle.............. Type of motorcycle, line, and brake horsepower.
The incomplete manufacturer(s) of iany vehicle completed by a final stage manufacturer as defined in Part 567 of this title shall also be decipherable.
S4.5.3 The third section shall consist of eight characters, of which the fifth through the eighth shall be numerical.
S4.5.3.1 The first character of the third section shall represent the vehicle model year. The year shall be designated as indicated in Table II.
T able IIYean
1980 ......................................1981 ......................................1982 ....... .............................1983 ............... .....................1984 ............... .....................1985 .............................. ......1986 .............................. ......1987 .....................................1988 .... ................................1989 ....... ................. ..........1990 .....................................1991 .....................................1992 ................ ................. .1993 .....................................1994 .....................................1995 ....... .............................1996 .....................................1997 ....... .............................1998 .....................................1999 ............. ......... .............2000 ...................................2001............. ..........................2002................. .....................2003 .....................................2004 .....................................2005 .....................................2006 .. .'.................................2007 ...... ...............................2008 ............................. .......2009 ....................................2010 .....................................2011............. !..........................2012.............. ..........................
CodeABCD£PGHJKLMNPRSTV W XY 1 2345678 9 A B C
54.5.3.2 The second character of the third section shall represent the plant of manufacture.
54.5.3.3 The third through the eighth characters of the third section shall represent the production sequence number of the motor vehicle if its manufacturer produces 500 or more vehicles of its type annually. If the manufacturer produces less than 500 motor vehicles of its type annually, the third, fourth, and fifth characters of the third section, combined with the three characters of the first section, shall uniquely identify the manu^ facturer, make and type of the motor' vehicle and the sixth, seventh, andl eighth character of the third section; shall represent the production sequence number of the motor vehicle.
S4.6 Characters. Each character used in a vehicle identification number shall be one of the arabic numbers or roman letters set forth in Table III.
T able IIINumbers:
1 2 3 4 5 6 7 8 9 0Letters:
A B C D E F G H J K L M N P R S T U V W X YZ
All spaces provided for in the vehicle identification number must be occupied by a character specified in table III.
S5. Check digit55.1 A check digit shall be provided
with each vehicle identification number. The check digit shall immediately follow the fifth character of the second section and appear on any transfer documents containing the vehicle identification number and prepared by the manufacturer to be given to the first owner for purposes other than resale.
S5.3 The check digit is determined by carrying out the mathematical computation specified in S5.3.1.-S5.3.4.
55.3.1 Assign to each number in the vehicle identification number its actual mathematical value and assign to each letter the value specified for it in table IV:
A=1T able IV
J=9 T=8B=2 K = 1 U=9C=3 L=2 V=1D=4 M=3 W=2E = 5 N=4 X=3F=6 P=5 Y=4G=7 R=6 Z=5H = 8 S=7
S5.3.2. Multiply the assigned value for each character in the vehicle identification number by the weight factor specified for it in table V. Multiply the check digit by 0.
T able VWeightfactor
Character:1st....................... 82d................................... >............................... 73d....................... .....................................i...... 64 th .................................................................. 55 th ......................................... 46 th .................... .«........................................... 37 th .................................................................. 28 th .................................................................. 109th (Check Digit)......................................... 010th............................. 911th.... ............................................................ 812th......................................... 713th................................................................ 614th............ .................................................... 515th.................................................... 416th....................................................... 317th................................................................. 2
55.3.3. Add the resulting products and divide the total by 11.
55.3.4. The remainder is the check digit. If .the remainder is 10, the check digit is X.
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36454 RULES AND REGULATIONS
example : U.S.C. 1902)). The adoption of a Boardseal marked the status of the Board as
Vehicle Identification Number Character 1 G 4 A H E 9 » H 4 5 G i l 8 3 4 1
an independent agency of the Federal Government and was given publication in the F ederal R egister by the adop-
Assigned Value 1 7 4 1 8 5 9 8 5 7 1 1 8 3 4 1
tion (designation and revision) of a new set of Board regulations, including a new Part 803—Official Seal, set-
Multiply by Weight Factor 8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2
ting forth the uses to which the seal/ could be put (40 FR 30238; published! July 17,1975).
Add Products 8+ 49+24+5+ 32+15+18+80+0+45+56+7+ 6+ 40+12+12+2=411
The seal that was adopted did not convey the Federal Government con-i notations that are conveyed by the
Divide by 11 411/11 = 37 4/11Board’s newly adopted seal.
Accordingly, § 803.1 of Chapter VIII, Title 49, Code of Federal Regulations,
Check Digit 4 (compare to character in 9 thi position) is amended to read as follows: \S6. Reporting requirements.56.1 Manufacturers of motor vehi
cles subject to this standard shall submit, either directly or through an agent, the unique identifier for each make and class of vehicle it manufactures by January 1,1979.
56.2 Manufacturers which begin production of motor vehicles subsequent to January L, 1979, shall submit, either directly or through an agent, the unique identifier for each make and ria-ss of vehicle it manufactures at least 30 days before affixing the first vehicle identification number. Manufacturers whose unique identifier appears in the third section of the vehicle identification number shall also submit the three characters of the first section which constitute a part of their identifier.
56.3 Each manufacturer shall submit at least 60 days before affixing the first VIN which meets the requirements of this standard the information necessary to decipher the characters contained in the second section of its vehicle identification numbers as required by S4.5.2. Any amendments to this information shall be submitted at least 60 days before affixing a vehicle identification number utilizing an amended coding.
56.4 Information required to be submitted under this section shall be addressed to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, D.C. 20590, Attention: VIN Coordinator.(Secs. 103, 112, 119, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1401, 1407); delegation of authority at 49 CPR 1.50.)
Issued on August 11,1978.J oan Claybrook,
Administrator.(PR Doc. 78-22865 Piled 8-11-78; 4:03 pm]
[4910-58]CHAPTER V III— NATIONAL
TRANSPORTATION SAFETY BOARD
PART 803— OFFICIAL SEAL
Change in Design o f Official SealAGENCY: National Transportation Safety Board.ACTION: Pinal rule.SUMMARY: The purpose of this amendment to part 803 of the regulations of the National Transportation Safety Board (49 CFR Part 803) is to reflect a change in the design of the Board’s seal that has been adopted in the interest of ready recognition of the Board’s status as an independent agency of the Federal Government charged with the investigation of transportation accidents. In exercising the Board’s investigatory functions, it is imperative that Board officials be readily recognized as agents of theU.S. Government by the many State and local officials and other members of the public with whom they work in carrying out the Board’s responsibilities.EFFECTIVE DATE: September 15, 1978.FOR FURTHER INFORMATION CONTACT:
Fritz L. Puls, General Counsel, National Transportation Safety Board, 800 Independence Avenue SW., Washington, D.C. 20594, telephone 202-472-6033.
SUPPLEMENTARY INFORMATION: The Board adopted an official seal in 1975 when authorized to do so by Congress by virtue of section 303(c)(2) of the Independent Safety-Board Act of 1974 (Pub. L. 93-633, 88 Stat. 2168 (49
§ 803.1 Description.The official seal of the National
Transportation Safety Board is described as follows: An American bald1 eagle with wings displayed, holding in his dexter (right) talon an olive branch and in his sinister (left) talon, a bundle of 13 arrows; above his head is a scroll inscribed “E Pluribus Unum,” bearing a shield with vertical stripes of alternating white and red, crowned by a field of blue, all within an encircling, inscription “National Transportation Safety Board.” When illustrated in color, the background is white. The wings, the body, and the upper portion of the legs of the eagle are shades of brown; the head, neck, and tail are white; the beak, feet, and lower portion of the legs are gold. The inscription on the scroll is black. The encircling inscription is the same shade of gold as the eagle’s beak. The arrows and the olive branch are a lighter shade of gold. The red and blue of the shield are national flag red and blue. The official seal of the Board, in black and white, appears below:
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
RULES AND REGULATIONS
Signed at Washington, D.C., on August 11,1978.
James B. K ing, Chairman.
[PR Doc. 78-23032 Filed 8-16-78; 8:45 am]
[7035-01]
CHAPTER X— INTERSTATE COMMERCE COMMISSION
SUBCHAPTER B— PRACTICE A N D PROCEDURE
[Ex. Parte No. 293 (Sub-No. 3)]
PART 1126— SUBMISSION OF COST DATA TO JUSTIFY REIMBURSEMENT FOR DIRECTED SERVICE
Implementation; Regional Rail Reor* ganization Act of 1973— Submission of Cost Data To Justify Reimbursement
AGENCY: Interstate Commerce Commission.ACTION: Interim rule.SUMMARY: Under section 1(16Kb) of the Interstate Commerce Act, 49 U.S.C. l(16)(b), the Commission has authority to direct a rail carrier to perform essential transportation services which another carrier is no longer able to perform, for a period of 60 days (or an extended period of no more than 240 days).
The existing regulations implementing section l(16)(b) anticipate payment of the operating deficit upon completion of the directed-service period. As a result, the Commission must select as a directed carrier one which has, or can borrow, sufficient cash to meet start-up costs. The carrier must also be able to absorb temporarily any operating losses incurred. There may be instances in which no carrier with sufficient financial resources is available. Therefore, the Commission proposes to change its regulations to provide for earlier payments to meet a directed carrier’s cash requirements.
A three-stage funding procedure is contemplated. First a directed carrier would receive an immediate payment to cover start-up costs. Second, on the basis of periodic carrier reports on operations and cash position, additional moneys would be paid out to remedy any serious cash flow problems. Finally, on completion of the directed service, a final accounting would be made. The Commission would pay any amount determined still owing to the directed carrier. On the other hand, if the directed carrier has received more than it is entitled to, the difference
would be payable to the Commission 30 days after determination of the amount.
The proposed cash funding procedures will be made effective immediately, as interim rules, pending consideration of their appropriateness as final rules. Although we do not anticipate any directed service orders in the near future, we believe that the need for cash funding is so great that a procedure should be available in case any directed service orders may have to be issued before final rules have been considered.DATES: The proposed procedures will be effective as interim procedures immediately August 17,1978.
Comments must be received on or before September 18,1978.ADDRESS: Send comments to Office of the Secretary, Interstate Commerce Commission, Washington, D.C. 20423.FOR FURTHER INFORMATION CONTACT:
Edward J. Schack, 202-275-7580.SUPPLEMENTARY INFORMATION: The authority to order directed service is to be used as an interim emergency measure to prevent severe transportation and economic dislocations resulting from the cessation of services. The Commission is required to reimburse the directed carrier for any deficits incurred in the performance of the directed services. Furthermore, the Commission may not direct operations that would substantially impair the ability of the directed carrier to serve adequately its own patrons or to meet its outstanding common carrier obligations.
Both the statute and the existing regulations contemplate payment of all deficits after completion of the directed service period. When the Commission adopted its regulations, it was presumed that the directed carrier would be able to borrow the necessary operating fluids, allowing its claim to reimbursement to be assigned to the lending institution. See “Regional Rail Reorg. Act—Submission of Cost Data,” 348 I.C.C. 251, 276 (1975).
However, present circumstances indicate that earlier payment may be necessary to ensure the provision of adequate service. Class I railroads are facing bankruptcy and experiencing cash shortages. A directed carrier may not have sufficient funds available to meet the large start-up costs. Furthermore, the directed carrier may not be able to absorb temporarily the operating losses from the directed service and still maintain a proper cash flow. Some directed carriers may be in such poor financial condition themselves
3645Ethat financial institutions may be reluctant to supply funds.
To effectuate the statutory program and ensure that directed service wili be available when needed, we propose to revise our regulations to provide foi payments to meet a directed carrier’s cash requirements. The proposed pro cedures are designed to be flexible anc not to impose any great burden on the directed carrier. By using these procedures, the directed service will not impair the carrier’s own services or its ability to meet its obligations.
As proposed, the following section would be added to Part 1126 of the Commission’s regulations.§ 1126.3 Optional cash funding proce
dures.(a) The directed carrier may elect to
obtain cash funding from the Commission following the procedure set forth below. The funding procedure is separated into three phases. The first Is designed to meet the directed carrier’s immediate requirements to institute service. The second is an interim accounting and adjustment under which any serious cash flow problems will be remedied. The third phase is the final accounting after completion of the service and computation of the total account reimbursible.
(1) All reports filed should refer to the appropriate ICC account numbers.
(2) The records of the directed carrier relating to the directed service will be subject to continuing audit by the Commission.
(b) Initial funding. The initial funding is intended to cover the immediate deficit to be incurred through cash expenditures that must be made before compensating revenues can be generated. Permissible costs which might require lead funding include:
(1) Payroll costs necessary for assignment of crews;
(2) Immediate maintenance of way or line repairs necessary to make a line operational or in compliance with safety standards;
(3) Fuel and supplies;(4) Immediate rental or maintenance
costs for equipment to be used (other than rental payments to the defaulting carrier);
(5) That portion of overhead allocable to developing the initial operating plan; and
(6) Any other immediate cash requirements.To enable the Commission to determine initial cash requirements, the directed carrier is required to submit the following items.
(i) A brief description of its initial operating plan for the directed service, outlining the frequency and schedule
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
36456
of service planned, the personnel and equipment to be utilized, the crew change and interchange points to be observed, any immediate maintenance and repair work required, and its fuel and supply needs.
(ii) A statement of its immediate cash requirements, with any supporting evidence deemed necessary.
(iii) A statement of the forecasted costs and revenues attributable to the directed service for the 60 day period, with appropriate explanatory notes.These are to be submitted as soon as possible, but no later than 15 days after issuance of the directed service order. After the Commission has determined the initial cash requirements, it will certify to the Treasury Department that this amount is immediately payable.
(C) Interim accounting. The interim accounting procedure consists of a report filed by the directed carrier at the end of each 30-day period following institution of the directed service. In addition, the carrier may file a report whenever it is experiencing severe cash flow difficulties and desires additional interim funding. The interim reports must contain:
(1 ) A statement of any revisions to the operating plan.
(2) An unaudited cash flow statement for the period since its last report, and an explanation of any requests for additional cash.
(3) An unaudited statement of costs and revenues attributable to the directed service since its institution, and a statement of the forecasted costs and revenues for the remainder of the directed service period.
(d) Final accounting. The final accounting report, to be filed within 180 days after completion of the directed service, should conform to the requirements of § 1126.2, with two exceptions. Any moneys paid under the optional cash funding procedures must be deducted from the amount to be reimbursed (line 85). Also, the base for computation of allowable interest (line 83) must be reduced by the amount paid. After auditing the claim, the Commission will determine the allowable reimbursement. It will certify to the Treasury Department that the directed carrier be paid that amount by which the allowable reimbursement exceeds the amount paid. Should the amount paid exceed the allowable reimbursement, the difference will be due and payable by the directed carrier to the Commission within 30 days. If not paid within the 30-day period, the amount due will then begin to accrue interest at the prevailing prime rate.
RULES AND REGULATIONS
Dated: August 11,1978.By the Commission, Chairman
O’Neal, Vice Chairman, Christian, Commissioners Murphy, Brown, Stafford, Gresham, and Clapp. Commissioner Stafford was absent and did not participate in the disposition of this proceeding.
H. G. H omme, Jr., Acting Secretary.
[FR Doc. 78-22987 Filed 8-16-78; 8:45 am]
[7035-01]
[Docket No. 36767]PART 1201 — RAILROAD COMPANIES
PART 1206— UNIFORM SYSTEM OF ACCOUNTS FOR COMM ON AND CONTRACT MOTOR CARRIERS OF PASSENGERS
Accounting for Certain Government Transfers by Railroads and Motor Carriers of Passengers
AGENCY: Interstate Commerce Commission.ACTION: Revision to final rule.SUMMARY: In the Commission’s decision on accounting for certain government transfers by railroads and motor carriers of passengers, we inadvertently omitted the names of the Commissioners participating in the decision. A summary of this decision was published in the F ederal R egister on July 17, 1978 (FR Doc. No. 78-19660; 43 FR 30558). This is a notice to the parties that the last line of the decision is revised to include those names.DATES: The proceeding was decided June 30, 1978. The service date was July 17,1978.FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Brown, Jr., Chief, Section of Accounting, Bureau of Accounts, Interstate Commerce Commission, phone 202-275-7448.By the Commission, Chairman
O’Neal, Vice Chairman Christian, Commissioners Murphy, Brown, Grésham, and Clapp. Commissioner Stafford absent and not participating.
H. G. H omme, Jr., Acting Secretary.
[FR Doc. 78-23101 Filed 8-16-78; 8:45 am]
[4310-55]Title 50— W ildlife and Fisheries
CHAPTER I— U.S. FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE IN TERIOR
PART 32— HUNTING National W ildlife Refuges in Oregon
AGENCY: Fish and Wildlife Service, Interior.ACTION: Special regulations. SUMMARY: The Director has determined that the opening to hunting of certain national wildlife refuges in Oregon is compatible with the objectives for which these areas were established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public. This document establishes special regulations effective for the upcoming hunting seasons for migratory game birds, upland game, and big game. DATES: September 1, 1978, to January 31, 1979.ADDRESS: Contact the Refuge Manager at the address and/or telephone number listed below in the body of special regulations.FOR FURTHER INFORMATION CONTACT:
L. A. Mehrhoff, Area Manager, U.S. Fish and Wildlife Service, 4620 Overland Road, Room 238, Boise, Idaho 83705, 208-384-1960.
SUPPLEMENTARY INFORMATION: Hunting is permitted on the national wildlife refuges indicated below in accordance with 50 CFR Part 32, and the following special regulations. Portions of refuges which are open to hunting are designated by signs and/or delineated on maps. No vehicle travel is permitted except on designated roads and trails. Special conditions applying to individual refuges are listed on the reverse side of maps available at refuge headquarters and from the office of the Regional Director, Fish and Wildlife Service, Lloyd 500 Building, Suite 1692, 500 NE. Multnomah Street, Portland, Oreg. 97232.§ 32.12 Special regulations; migratory
game birds; for individual wildlife refuge areas.
1. Migratory game birds may be hunted on the following refuge areas:
Ankeny National Wildlife Refuge, Route 1, Box 198, Jefferson, Oreg. 97352, phone 503-327-2444. Special conditions: (1) Mourning dove and band-tailed pigeon hunters must check in and out of the refuge by use of self- service permits. (2) Waterfowl, coot, and snipe hunting is permitted on Wednesdays, Saturdays, and Sundays from opening shooting time until 12 noon during the authorized season. (3) A Federal permit is required for water-
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
fowl, coot, and snipe hunting and will be issued on an advanced reservation basis. Applications for reservations will be accepted between September 15 and October 15. (4) Steel shot only may be possessed or used on the refuge while hunting waterfowl, coot, and snipe. (5) Waterfowl, coot, and snipe hunters are limited to the possession and use of twenty (20) shells per day.
Baskett Slough National Wildlife Refuge, 10995 Highway 22, Dallas, Oreg. 97338, phone 503-623-2749. Special conditions: (1) Dove and pigeon hunting is prohibited. (2) Waterfowl, coot, and snipe hunting is permitted on Wednesdays, Saturdays, and Sundays from opening shooting time until 12 noon during the authorized season.(3) A Federal permit is required for waterfowl, coot, and snipe hunting and -will be issued on an advanced reservation basis. Applications for reservations will be accepted between September 15 and October 15. (4) Steel shot only may be possessed or used on the refuge while hunting waterfowl, coot,
4 and snipe. (5) Waterfowl, coot, and snipe hunters are limited to the possession and use of twenty (20) shells per day.
Deer Flat National Wildlife Refuge, Snake River Island Sector, Route 1, Box 1457, Nampa, Idaho 83651, phone 208-467-9278. Special conditions: (1) Waterfowl and coot hunters are required to use native materials for hunting blind construction. (2) Hunting is on a first come, first served basis.
Malheur National Wildlife Refuge,P.O. Box 113, Bruns, Oreg. 97720, phone 503-493-2323. Special conditions: (1) That portion of the refuge in the Blitzen Valley west of Highway 205, south of Diamond Lane will be open to dove and pigeon hunting concurrent with the regular State season, as posted. (2) Part of Malheur Lake will be open to waterfowl, coot, and snipe hunting concurrent with the State season as posted. (3) Use of motors on boats is prohibited.
William L. Finley National Wildlife Refuge, Route 2, Box 208, Corvallis, Oreg. 97330, phone 503-757-7236. Special conditions: (1) Band-tailored pigeon hunting is prohibited. (2) Dove hunters are required to check in and out of the refuge daily by use of self-' service permits. (3) Waterfowl, coot, and snipe hunting is permitted on Wednesdays, Saturdays, and Sundays from opening shooting time until 12 noon during the authorized season. (4) A Federal permit is required for water- fowl, coot, and snipe hunting and will be issued on an advanced reservation basis. Applications for reservations will be accepted between September 15 and October 15. (5) Steel shot only may be possessed or used on the
RULES AND REGULATIONS
refuge while hunting waterfowl, coots, and snipe. (6) Waterfowl, coot, and snipe hunters are limited to the possession and use of twenty (20) shells per day.
2. Migratory game birds, except doves, pigeons, and common snipe, may be hunted on the following refuge areas:
Cold Springs National Wildlife Refuge, Hermiston, Oreg., P.O. Box 239, Umatilla, Oreg. 97882, phone 503- 922-3232.
Klamath Forest National Wildlife Refuge (Headquarters: Klamath Basin National Wildlife Refuges, Route 1, Box 74, Tule Lake, Calif. 96134, phone 916-667-2231). Special conditions: (1) Boats with or without motors are permitted except air-thrust and inboard water-thrust are prohibited. (2) All decoys, boats, and other personal property must be removed from the refuge at the close of each day. (3) No person may possess any weapon or ammunition that may not be legally used for taking waterfowl.
Lewis and Clark National Wildlife Refuge, Route 1, Box 376C, Cathla- met, Wash. 98612, phone 206-795-4915. Special conditions: Posted portions of the refuge in Clatsop County will be closed to waterfowl and coot hunting.
Lower Klamath National Wildlife Refuge. (Headquarters: Klamath Basin National Wildlife Refuges, Route 1, Box 74, Tule Lake, Calif. 96134, phone 916-667-2231.) Special conditions: (1) Posted retrieving zones are established on certain hunting units. Possession of firearms in these retrieving zones is prohibited, except, unloaded firearms may be taken through these zones when necessary to reach or leave hunting areas. Decoys may not be set in retrieving zones. (2) Boats with or without motors are permitted. Air-thrust and inboardwater-thrust boats are prohibited. (3) All decoys, boats, and other personal property must be removed at the close of each day.
McKay Creek National Wildlife Refuge, Pendleton, Oreg. (Headquarters: Umatilla National Wildlife Refuge, P.O. Box 239, Umatilla, Oreg. 97882, phone 593-922-3232. Special conditions: Hunting is permitted on Wednesdays, Saturdays, Sundays, and State holidays, except Christmas.
Umatilla National Wildlife Refuge,P.O. Box 239, Umatilla, Oreg. 97882, phone 503-922-3232. Special conditions: (1) Waterfowl and coot hunting is permitted on Wednesdays, Saturdays, Sundays, and State holidays, except Christmas. (2) A Federal permit is required and will be issued on an advance reservation basis. Successful applicants may bring one guest and must arrive at check station at least 1 hour before shooting time or reservation is cancelled. (3) Applica-
36457
tions will be accepted during two signup periods. Permits are nontrans- ferable. (4) Steel shot only may be possessed or used during waterfowl and coot hunting. (5) Waterfowl and coot hunting will be from blinds only.
Upper Klamath National Wildlife Refuge (Headquarters: Klamath Basin National Wildlife Refuges, Route 1, Box 74, Tule Lake, Calif. 96134, phone 916-667-2231. Special conditions: (1) Boats with or without motors are permitted. Air-thrust and inboard water- thrust boats are prohibited. (2) All decoys, boats, and other personal property must be removed from the refuge at the close of each day. (3) No person may possess any weapon or ammunition that may not be legally used for taking waterfowl.§ 32.22 Special regulations; upland game,
for individual wildlife refuge areas.Upland game may be hunted on the
following refuge areas:Ankeny National Wildlife Refuge,
Route 1, Box 198, Jefferson, Oreg. 97352, phone 503-327-2444. Special conditions: (1) Only pheasant and quail may be hunted. (2) No upland game-hunting is permitted after November 5, 1978. (3) All hunters must check in and out of the refuge daily by use of self-service permits. (4) Hunters on the area served by each registration station will be limited to 50 at any one time.
Baskett Slough National Wildlife Refuge, 10995 Highway 22, Dallas, Oreg. 97338, phone 503-623-2749. Special conditions: (1) Only pheasant and quail may be hunted. (2) No upland game hunting is permitted after November 5, 1978. (3) All hunters must check in and out of the refuge daily by use of self-service permits. (4) Hunters on the area served by each registration station will be limited to 50 at any one time.
Cold Springs National Wildlife Refuge, Hermiston, Oreg. (Headquarters: Umatilla National Wildlife Refuge, P.O. Box 239, Umatilla, Oreg. 97882, phone 503-922-3232.)
Deer Flat National Wildlife Refuge, Snake River Island Sector, Route 1, Box 1457, Nampa, Idaho 83651, phone 208-467-9278.
Hart Mountain National Wildlife Refuge, P.O. Box 11, Lakeview, Oreg. 97630, phone 503-947-3315.
Malheur National Wildlife Refuge,» P.O. Box 113, Burns, Oreg. 97720, phone 503-493-2323. Special conditions: (1) Pheasant, quail, and partridge hunting will be permitted on the upland game hunting area during the last 9 days of the State season. (2) Pheasant, quail, and partridge hunting will be permitted on the waterfowl hunting area during the waterfowl season. (3) Hunting will be permitted in the Blitzen Valley west of Highway
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
36458
205 concurrent with the regular State season as posted.
McKay Creek National Wildlife Refuge, Pendleton, Oreg. (Headquarters: Umatilla National Wildlife Refuge, P.O. Box 239, Umatilla, Oreg. 97882, phone 503-922-3232.) Special conditions: (1) Hunting is permitted on Wednesdays, Saturdays, Sundays, and State holidays, except Christmas.
Umatilla National Wildlife Refuge, P.O. Box 239, Umatilla, Oreg. 97882, phone 503-922-3232. Special conditions: (1) Hunting is permitted from 12 noon until closing time on Wednesdays, Saturdays, Sundays, and State holidays, except Christmas. (2) Pheasant hunters are required to check in and out of the refuge at check stations.
William L. Finley National Wildlife Refuge, Route 2, Box 208, Corvallis, Oreg. 97330, phone 503-757-7326. Special conditions: (1) Only pheasant and quail may be hunted. (2) Hunters are required to check in and out of the refuge by use of self-service permits.(3) Hunting is prohibited after November 5, 1978. (4) Each registration station is limited to 100 hunters at any one time.§32.32 Special regulations; big game; for
individual wildlife refuge areas.Deer Flat National Wildlife Refuge,
Snake River Island sector, Route 1, Box 1457, Nampa, Idaho 83651, phone 208-467-9278.
Hart Mountain National Wildlife Refuge, P.O. Box 111, Lakeview, Oreg. 97630, phone 503-947-3315. Special conditions: (1) Hunters are required to check in and out of refuge. (2) Antelope and sheep hunters are required to attend a prehunt indoctrination session.
Malheur National Wildlife Refuge, P.O. Box 113, Bums, Oreg. 97720, phone 503-493-2323. Special conditions: (1) That portion of the refuge in the Blitzen Valley west of Highway 205 will be open as posted to deer hunting concurrent with the regular State season. (2) The archery area will be open to deer hunting from August 30 through September 10,1978.
William L. Finley National Wildlife Refuge, Route 2, Box 208, Corvallis, Oreg. 97330, phone 503-757-7326. Special regulations: (1) Hunters are required to check in and out of the refuge by use of self-service permits.(2) The use of riñes is prohibited.
The provisions of these special regulations supplement the regulations which govern hunting on wildlife refuge areas generally and which are set forth in title 50, part 32. The public is invited to offer suggestions and comments at any time.
N ote.—The Fish and Wildlife Service has determined that this document does not contain a major proposal requiring prepara-
RULES AND REGULATIONS
tion of an economic impact statement under Executive Order 11949 and OMB Circular A-107.
Dated: August 8,1978.L. A. M e h r h o f f ,
Boise A rea Manager. tFR Doc. 78-23008 Filed 8-16-78; 8:45 ami
[4310-55]p a r t 32— Hu n t in g
Opening o f Seedskadee National W ildlife Refuge, Wyoming, to Public Hunting of Mourning Dove
AGENCY: Fish and Wildlife Service, Interior.ACTION: Special regulation.SUMMARY: The Director has determined that the opening to public hunting of mourning dove on Seedskadee National Wildlife Refuge is compatible with the objectives for which the area was established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public.DATES: September 1, 1978, through October 15,1978.FOR FURTHER INFORMATION CONTACT:
H. J. Johnson, Refuge Manager, Seedskadee National Wildlife Refuge, Fontenelle Route, Via Kem- merer, Wyo. 83101, 307-877-6334.
SUPPLEMENTARY INFORMATION:§ 32.12 Special regulations; migratory
game birds; for individual wildlife refuge areas.
Public hunting of mourning dove is permitted on Seedskadee National Wildlife Refuge, Wyoming. All of the refuge área, comprising 14,284 acres, and so designated by signs, is open to hunting. Maps of the area are available at the refuge office, Fontenelle Route, Via Kemmerer, Wyo. 83101, and from the office of the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colo. 80225. Hunting shall be in accordance with all applicable State regulations governing the hunting of mourning dove.
The provisions of this special regulation supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32. The public is invited to offer suggestions and comments at anytime.
N ote.—The U.S. Fish and Wildlife Service has determined that this document does not contain a major proposal requiring preparation of an economic impact statement under
Executive Order 11949 and OMB Circular A-107.
H. J . J ohnson, Refuge Manager.
August 4,1978.[FR Doc. 78-22980 Filed 8-16-78; 8:45 am]
[4310-55]PART 32— HUNTING
Opening of Seedskadee National W ildlife Refuge, Wyoming, to Public Hunting of Sage Grouse
AGENCY: Fish and Wildlife Service, Interior.ACTION: Special regulation.SUMMARY: The Director has determined that the opening to public hunting of sage grouse on Seedskadee National Wildlife Refuge is compatible with the objectives for which the area was established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public.DATES: September 9, 1978, through September 17,1978.FOR FURTHER INFORMATION CONTACT:
H. J. Johnson, Refuge Manager, Seedskadee National Wildlife Refuge, Fontenelle Route, Via Kemmerer, Wyo. 83101, 307-877-6334.
SUPPLEMENTARY INFORMATION:§ 32.22 Special regulations; upland game;
for individual wildlife refuge areas.Public hunting of sage grouse is per
mitted on Seedskadee National Wildlife Refuge, Wyo. All of the refuge area, comprising 14,284 acres, and so designated by signs, is open to hunting. Maps of the area are available at the refuge office, Fontenelle Route, Via Kemmerer, Wyo. 83101 and from the office of the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colo. 80225. Hunting shall be in accordance with all applicable State regulations governing the hunting of sage grouse.
The provisions of this special regulation supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32. The public is invited to offer suggestions and comments at any time.
Note.—The U.S. Fish and Wildlife Service has determined that this document does not contain a major proposal requiring preparation of an economic impact statement under
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY. AUGUST 17, 1976
RULES AND REGULATIONS 36459Executive Order 11949 and OMB Circular A-107.
H. J. J ohnson, Refuge Manager.
August 4,1978.[FR Doc. 78-22981 Filed 8-16-78; 8:45 ami
[4310-55]PART 32— HUNTING
Opening of Pathfinder National Wildlife Refuge, W yo., to Hunting
AGENCY: Fish and Wildlife Service, Interior.ACTION: Special regulation.SUMMARY: The Director has determined that the opening to migratory game bird hunting of Pathfinder National Wildlife Refuge is compatible with the objectives for which the area was established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public.DATES: As established by Wyoming Game and Fish Commission for Calendar Year 1978.FOR FURTHER INFORMATION CONTACT:
Eugene C. Patten, Refuge Manager, Pathfinder National Wildlife Refuge, Box 457, Walden, Colo. 80480, telephone 303-723-4717.
SUPPLEMENTARY INFORMATION:§ 32.12 Special regulations; migratory
game birds; for individual wildlife refuge areas.
Hunting of ducks, geese, coots, and mergansers is permitted on Pathfinder National Wildlife Refuge, Wyo. in accordance with dates established by Wyoming Game and Fish Commission, but only on areas of Pathfinder Refuge known as Goose Bay, DeWeese Creek, and Sage Creek-Platte Units. This open area, comprising 3,760 acres, is delineated on maps available at refuge headquarters in Walden, Colo, and from the office of the Area Manager, U.S. Fish and Wildlife Service, 1426 Federal Building, 125 South State Street, Salt Lake City, Utah 84138. Hunting shall be in accordance with all applicable State and Federal regulations covering the hunting of ducks, geese, coots, and mergansers subject to the following special condition;
(1) Blinds—The construction of permanent blinds or pits is not permitted. Portable blinds may be used but not left on the refuge.
The provisions of this special regulation supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in
Title 50, Code of Federal Regulations, Part 32,
Note.—The U.S. Fish and Wildlife Service has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11949 and OMB Circular A-107.
E ugene C. P atten, Refuge Manager.
August 11,1978.[FR Doc. 78-23026 Filed 8-16-78; 8:45 ami
[4310-55]PART 32— HUNTING
National Wildlife Refuges in IdahoAGENCY: Fish and Wildlife Service, Interior.ACTION: Special regulations.SUMMARY: The Director has determined that the opening to hunting of certain National Wildlife Refuges in Idaho is compatible with the objectives for which these areas were established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public. This document establishes special regulations effective for the upcoming hunting seasons for migratory game birds, upland game, and big game.DATES: September 1, 1978 to January 31, 1979ADDRESSES: Contact the Refuge Manager at the address and/or telephone number listed below in the body of Special Regulations.FOR FURTHER INFORMATION CONTACT:
L. A. Mehrhoff, Area Manager, U.S. Fish and Wildlife Service, 4620 Overland Road, Room 238, Boise, Idaho 83705.
SUPPLEMENTARY INFORMATION: Hunting is permitted on the National Wildlife Refuges indicated below in accordance with 50 CFR Part 32, and the following special regulations. Portions of refuges which are open to hunting are designated by signs and/or delineated on maps. No vehicle travel is per-. mitted except on designated roads and trails. Special conditions applying to individual refuges are listed on the reverse side of maps available at refuge headquarters and from the office of the Regional Director, Fish and Wildlife Service, Lloyd 500 Building, Suite 1692, 500 Northeast MultnomahStreet, Portland, Or. 97232.§ 32.12 Special Regulations; migratory
game birds; for individual wildlife refuge areas.
1. Migratory game birds may be hunted on the following refuge areas:
Camas National Wildlife Refuge, Hamer, Idaho 83425 (phone 208-662- 5423). Special conditions: Dove hunting is prohibited.
Deer Flat National Wildlife Refuge, Snake River Island Sector, Route 1 Box 1457, Nampa, Idaho 83651 (phone 208-467-9278). Special conditions: (1) Waterfowl and coot hunters are required to use native materials for hunting blind construction. (2) Hunting is on a first-come-first-served basis.
Kootenai National Wildlife Refuge, Star Route No. 1, Box 160, Bonners Ferry, Idaho 83805 (phone 208-267- 3888). Special conditions: (1) Hunting is permitted on Saturdays, Sundays, Tuesdays, and Thursdays. (2) Dove hunting is prohibited. (3) Steel shot only may be used or possessed by hunters. (4) Hunters are required to use native materials for blind construction.
2. Migratory game birds except doves and common snipe may be hunted on the following refuge areas:
Bear Lake National Wildlife Refuge, P.O. Box 9, Montpelier, Idaho 83254 (phone 208-847-1757). Special Regulations: Air-thrust boats are prohibited.
Deer Flat National Wildlife Refuge, Lake Lowell Sector, Route 1, Box 1457, Nampa, Idaho 83651. Special conditions: (1) Goose hunting is prohibited.(2) Hunters are required to use native material for hunting blind construction. (3) Steel shot only may be used or possessed by waterfowl and coot hunters using 12-gage shotguns.
Grays Lake National Wildlife Refuge, P.O. Box 837, Soda Springs, Idaho 83276 (phone 208-547-4996). Special conditions: (1) Air-thrust boats are prohibited. (2) Entry to the hunting area is limited to foot travel only.
Minidoka National Wildlife Refuge, Route 4, Rupert, Idaho 83350 (phone 208-436-3589).§ 32.22 Special regulations; upland game;
for individual wildlife refuge areas.Bear Lake National Wildlife Refuge,
P.O. Box 9, Montpelier, Idaho 83254 (Phone 208-847-1757).
Camas National Wildlife Refuge, Hamer, Idaho 83425 (Phone 208-662- 5423).
Deer Flat National Wildlife Refuge, Lake Lowell and Snake River Sectors, Route 1, Box 1457, Nampa, Idaho 83651 (Phone 208-467-9278).
Minidoka National Wildlife Refuge, Route 4, Rupert, Idaho 83350 (Phone 208-436-3589). Special conditions: Upland game may be hunted on the public hunting area during the water- fowl season only.§32.32 Special regulations; big game; for
individual wildlife refuge areas.Deer Flat National Wildlife Refuge,
Snake River Island Sector, Route 1,
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36460 RULES AND REGULATIONS
Box 1457, Nampa, Idaho 83651 Phone 208-467-9278).
Grays Lake National Wildlife Refuge, P.O. Box 837, Soda Springs, Idaho 83276 (Phone 208-547-4996). Special conditions: (1) Entry to the hunting area is by foot travel only. (2) Horses may only be used to retrieve bagged animals.
Kootenai National Wildlife Refuge, Star Route No. 1, Box 160, Bonners Ferry, Idaho 83805 (Phone 208-267- 3888). Special conditions: Only that portion of the refuge west of the west side road is open to big game hunting.
The provisions of these special regulations supplement the regulations which govern hunting on wildlife refuge areas generally and which are set forth in Title 50, Code of Federal Regulations, Part 32. The public is invited to offer suggestions and comments at any time.
Note.—The Fish and Wildlife Service has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11494 and OMB Circular A-107.
Dated: August 8,1978.L. A. M ehrhoft,
Boise Area Manager.[FR Doc. 78-23025 Filed 8-16-78; 8:45 am]
[4310 -55 ]PART 32— HUNTING
Opening of Pathfinder National W ildlife Refuge, W yo., to Hunting
AGENCY: Fish and Wildlife Service, Interior.ACTION: Special regulation.SUMMARY: The Director has determined that the opening to deer and antelope hunting of Pathfinder National Wildlife Refuge is compatible with the objectives for which the area was established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public.
DATES: As established by Wyoming Game and Fish Commission for Calendar Year 1978.FOR FURTHER INFORMATION CONTACT:
Eugene C. Patten, Refuge Manager, Pathfinder National Wildlife Refuge, Box 457, Walden, Colorado 80480, telephone 303-723-4717.
SUPPLEMENTARY INFORMATION:§32.32 Special regulations; big game; for
individual wildlife refuge areas. Hunting of deer and antelope is per
mitted on Pathfinder National Wildlife Refuge, Wyo. in accordance with dates and areas designated in the Wyoming 1978 Orders regulating deer and antelope hunting. These areas, comprising 16,807 acres, are composed of four separate units and are delineated on maps available at refuge headquarters in Walden, Colo, and from the office of the Area Manager, U.S. Fish and Wildlife Service, 1426 Federal Building, 125 South State Street, Salt Lake City, UT 84138. Hunting shall be in accordance with all applicable State regulations covering the hunting of deer and antelope.
The provisions of this special regulation supplement the regulations which govern hunting in wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32.
N ote.—The U.S. Fish and Wildlife Service has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11949 and OMB Circular A-107.
E ugene C. P atten, Refuge Manager.
August 11,1978.[FR Doc. 78-23024 Filed 8-16-78; 8:45 am]
[4310 -55 ]PART 33— SPORT FISHING
Opening of the National Elk Refuge, Wyoming to Sport Fishing
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Special regulation.SUMMARY: The Director has determined that the opening to sport fishing of the National Elk Refuge is compatible with the objectives for which the area was established, will utilize a renewable natural resource, and will provide additional recreational opportunity to the public.DATES: May 31, 1978, through October 31,1978.FOR FURTHER INFORMATION CONTACT:
John E. Wilbrecht, National ElkRefuge, P.O. Box C, Jackson, Wyo.83001. Phone: 307-733-2627.
SUPPLEMENTARY INFORMATION:§33.5 Special regulations; sport fishing;
for individual wildlife refuge areas.Sport fishing is permitted on the Na
tional Elk Refuge, Wyo., only on the areas designated by signs as being open to fishing. These areas comprising approximately 3 miles of stream are delineated on maps available at the refuge headquarters and from the Area Manager, U.S. Fish and Wildlife Service, Federal Building, Room 3035, 316 North 26th, Billings, Mont. 59101. Sport fishing shall be in accordance with all applicable State regulations subject to the following condition:
(a) Use of boats or other floating devices is not permitted.
The provisions of this special regulation supplement the regulations which govern fishing on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 33. The public is invited to offer suggestions and comments at any time.
Note.—The U.S. Fish and Wildlife Service has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11949 and OMB Circular A-107.
Dated: July 28,1978.J ohn E. W ilbrecht,
Refuge Manager.
[FR Doc. 78-21638 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36461
proposed rulesThis section o f the FEDERAL REGISTER contains notices to the public o f the proposed issuance o f rules and regulations. The purpose o f these notices is to
give interested persons an opportunity to participate in the rule making prior to the adoption o f the fina l rules.
[3128 -01 ]DEPARTMENT OF ENERGY
O ffice o f the Secretary
[1 0 CFR Part 1022]
COMPLIANCE W ITH FLOODPLAIN/W ETLANDS ENVIRONM ENTAL REVIEW REQUIREMENTS
Cancellation o f Public H earing
AGENCY: Department of Energy.ACTION: Cancellation of public hearing.SUMMARY: The Department of Energy hereby gives notice that a public hearing scheduled for August18, 1978, on its proposed rulemaking (10 C FR Part 1022) pertaining to floodplain management and wetlands protection, which appeared in the F ederal R egister, at 43 F R 31108 (July19, 1978), has been cancelled due to lack of interest. Written comments will be considered.DATES: Written comments must be received on or before August 28, 1978.ADDRESSES: Comments to Box TP, Department of Energy, Public Hearing Management, Room 2313, 2000 M Street NW., Washington, D.C. 20461.FOR FURTHER INFORMATION CONTACT:
Carol Borgstrom, Office of the Assistant Secretary for Environment, Room 7119, Federal Building, 12th and Pennsylvania Avenue NW., Washington, D.C. 20461, 202-566- 9760.Issued in Washington, D.C., August
11,1978. OW illiam S. H effelfinger, Director of Administration.
[FR Doc. 78-23002 Filed 8-16-78; 8:45 am]
[6714-01]FEDERAL DEPOSIT INSURANCE
CORPORATION
[1 2 CFR Pori 3 36 ]
EMPLOYEE RESPONSIBILITIES A N D CONDUCT
Extension o f Comment Period
AGENCY: Federal Deposit Insurance Corporation.ACTION: Extension of comment period.
SUMMARY: On June 30, 1978, the FDIC published a proposed rule dealing with employee responsibilities mid conduct (43 FR 28518). Comments were to be received by July 31, 1978. Due to delays in distribution, many FDIC field employees did not receive the proposal until near the close of the comment period. Since the proposal impacts directly on employees, and their fullest participation in the rule- making is desired, the comment period is hereby extended.DATE: Written comments must be received on or before September 15, 1978.ADDRESS: Direct written comments to the Office of the Executive Secretary, Federal Deposit Insurance Corporation, Washington, D.C. 20429.FOR FURTHER INFORMATION CONTACT: 1
Mark I. Rosen, attorney, Legal Division, Federal Deposit Insurance Corporation, Washington, D.C. 20429, 202-389-4637.By. order of the Board of Directors,
August 11,1978.F ederal Deposit Insurance
Corporation,Alan R . M iller,
Executive Secretary. [FR Doc. 78-23003 Filed 8-16-78; 8:45 am]
[4910-13]DEPARTMENT OF TRANSPORTATION
Federal A v ia tio n A dm inistration
[1 4 CFR Parts 21, 25 , 43 , 45, 65, 91, 121, and 135]
[Docket Nos. 13954, 13989, 14611, 15534, and 17045; Reference Notice Nos. 74-29, 74-30, 75-21, 76-9, and 77-14]
SPECIAL CERTIFICATES, AIRBORNE V IB R ATIO N M ONITORS, A N D STATUS OF FA A PILOTS A N D APPLICANTS DURING FLIGHT TESTS
In fligh t O verboard Leakage o f Fluids Subject to Freezing; A ir Am bulance Service
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Collective withdrawal of notices and advance notices of proposed rulemaking.SUMMARY: This notice withdraws the notices of proposed rulemaking dealing with the subjects of special
certificates, airborne vibration monitors, and the status of FAA pilots and aircraft certificate applicants during flight test and the advance notices of proposed rulemaking dealing with the subjects of inflight overboard leakage of fluids subject to freezing and air ambulance service. This action is based on the comments received in response to the notices and the FAA’s determination that additional rule- making action based on the notices at this time is not warranted.FOR FURTHER INFORMATION CONTACT:
Mr. Raymond E. Ramakis, Regulatory Projects Branch, Safety Regulations Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591, telephone 202-755-8716.
SUPPLEMENTARY INFORMATION:D iscussion of W ithdrawals
Information concerning each of the notices and advance notices being withdrawn, including a discussion of the significant public comments received and the reasons for withdrawal, is presented below under appropriate subject headings.
SPECIAL CERTIFICATES
On August 2, 1974, the FAA issued notice No. 74-29 (39 FR 29189; August 14, 1974), a notice of proposed rule- making, in which the FAA invited comments on a proposed amendment to the Federal Aviation Regulations that would have limited the issuance of experimental certificates under part 21 to aircraft engaged in genuine experimental operations, except for certain amateur-built aircraft, and would have established new special certificate classifications for other aircraft that are currently issued experimental certificates. Under the proposal, special certificates would have been issued for aircraft used in: (1) exhibition and air racing; (2) market surveys, sales demonstrations, and customer crew training; (3) research (not related to aircraft development); and (4) custom-built (amateur-built) aircraft operations. The proposed rule would have required aircraft under the new classifications to be maintained in accordance with part 43 and would have amended portions of parts 21, 43, and 91 and the airman certification rules
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36462
of part 65 to provide for the maintenance of aircraft having custom-built certificates to be performed by the builder of the aircraft and to permit the renewal of these certificates. In addition, parts 45 and 91 would have been amended to require appropriate markings at cabin and cockpit entrances and to add appropriate operating limitations. The creation of the custom-built certificate and related maintenance and certification rules were the major objective of notice No. 74-29. The notice was developed in response to the petition of the Experimental Aircraft Association for rule- making fo provide more direct recognition of amateur builders’ activities. On October 25, 1974, the FAA issued notice No. 74-29A (39 FR 38667; November 1, 1974) which extended the closing date for comments on notice No. 74-29.
Of the 120 comments received in response to the notice, approximately two-thirds objected to the proposal or significant portions of the proposal. Most of the public comments were aimed at proposed § 21.196 which would have created the custom-built aircraft certificate. A number of commentators felt that the proposed regulations for custom-built aircraft would be too stringent and unduly restrictive and that they would tend to inhibit the amateur-built aircraft operator’s freedom of flight without improving safety or giving any greater protection to the public. A major objection concerned the maintenance provisions of notice No. 74-29 which would make part 43 standards applicable to custom-built aircraft. It was felt that past operating history did not support the imposition of the proposed maintenance requirements, which were believed to be economically burdensome and unnecessary. Many commentators also objected to the proposed requirement for an owner and operator manual for custom-built aircraft since it was claimed that the information required would be too voluminous, ambiguous, difficult to comply with in a consistent manner, and not required of standard aircraft. In addition, many felt that allowing only the builder of a custom-built aircraft to obtain a repairman certificate, as proposed, was discriminatory since subsequent owners and buyers of the aircraft would not be offered the same opportunity. There were also objections to the placarding requirements for custom-built aircraft and to the limitations regarding IFR operations and acrobatics.
Based on the comments received, the FAA has reevaluated the need for the custom-built aircraft classification and the related proposals in notice No. 74- 29. While the FAA believes that certain of the concepts covered in the
PROPOSED RULES
notice have considerable merit, on the whole, the proposals in the notice would not lead to its intended result, that is, fostering amateur aircraft building. To the contrary, the comments received indicate that the certification and operation of amateur- built aircraft would be made considerably more burdensome both to the builder and the FAA.
The custom-built concept was the reason for and the heart of notice No. 74-29. Amateur built aircraft make up the vast bulk of current experimental aircraft. The other special certificate classifications that were proposed represent a small percentage of the aircraft intended to be removed from the experimental classification. Accordingly, the FAA believes that without the custom-built classification, rulemaking on the other proposed classifications would not acheive the purpose intended by the notice.
In view of the foregoing, the FAA has determined that rulemaking action on the proposed amendments is not appropriate and that notice No. 74-29 should be withdrawn.
AIRBORNE VIBRATION MONITORS
On August 23, 1974, the FAA issued notice No. 74-30 (39 FR 31913; Sep-' tember 3, 1974), a notice of proposed rulemaking, in which the FAA invited comments on a proposed amendment to the Federal Aviation regulations (FAR) which would have prohibited operations under FAR part 121 in a Boeing model B-747, Lockheed model L-1011, and McDonnell Douglas model DC-10 aircraft unless the aircraft was equipped with an indicator to indicate rotor system unbalance for each engine to the flight crew.
, The FAA received 10 comments in response to notice No. 74-30, including comments from trade associations representing airlines and aircraft manufacturers, foreign airworthiness authorities, domestic and foreign airlines, aircraft operators, and other interested persons.
Of the 10 written comments received, 5 were in opposition. In general, the basic reason given by the commentators for opposing the amendment was that airborne vibration monitor (AVM) systems are unreliable. The commentators argued that the systems are valuable only as a secondary maintenance aid, that AVM’s have caused many unnecessary engine shutdowns due to faulty readings, resulting in fuel dumping, delayed flights, and increased costs to both the public and the airlines, and that operating experience has shown that the systems are incapable of giving advance warning on uncontained engine failures, which are sudden in nature.
When notice No. 74-30 was issued, the FAA believed that the utilization
of operable AVM systems in the wide body jet fleet would result in a significant reduction in the frequency of uncontained engine failures with a minimum economic burden being placed on the aviation industry. However, based on the comments received, the FAA believes that the drawbacks associated with the proposal are substantial and justify its withdrawal. In view of the comments and data submitted, the FAA believes that rulemaking action on the proposed amendment would not be in the best interest of the public. Therefore, notice No. 74-30 should be withdrawn.
STATUS OF FAA PILOTS AND APPLICANTS DURING FLIGHT TESTS
On May 15, 1975, the FAA issued notice No. 75-21 (40 FR 22271; May 22,1975) , a notice of proposed rulemaking, hi which the FAA proposed an amendment to the Federal Aviation regulations to clarify the status of FAA pilots and applicants during flight tests required for the certification of an aircraft. Under the proposal, a new section would have been added to part 21 which would have provided that an FAA pilot is not the pilot in command of an aircraft during a flight test unless a written agreement to that effect is made prior to the flight.
The FAA received eight comments in response to notice No. 75-21. Five commentators were in favor of the proposed rule. The major objection raised was that it would tend to diminish the authority of the FAA test pilot during flight tests. The FAA agrees with this objection. The FAA test pilot must be able to, and in fact sometimes does, become pilot in command during flight tests. By requiring a written agreement before the FAA test pilot can act as pilot in command, the proposed rule would tend to diminish the authority of the FAA test pilot and could inhibit the depth of investigation which is necessary in the certification process. Therefore, the FAA believes that rulemaking action on the proposed amendment is not appropriate and that notice No. 75-21 should be withdrawn.IN-FLIGHT OVERBOARD LEAKAGE OF FLUIDS
SUBJECT TO FREEZING
On March 29, 1976, the FAA issued notice No. 76-9 (41 Fit 14393; April 5,1976) , an advance notice of proposed rulemaking, in which the FAA invited public participation in the identification and selection of a course of action with respect to possible rulemaking to establish type certification, maintenance, and equipment standards to prevent the occurrence of in-flight overboard leakage of fluids subject to freezing.
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36463
The PAA received 16 comments in response to notice No. 76-9 including comments from trade associations representing airlines and aircraft manufacturers, foreign airworthiness authorities, foreign airlines, aircraft operators, and other interested persons. The general view of the commentators was that the present potable water/ lavatory waste drain systems are adequate to prevent in-flight leakage and that they will perform satisfactorily when properly maintained and serviced. While many of the comments noted that incidents of ice damage have occurred, only three of the commentators felt that the problem warranted rulemaking.
Before, during, and after the issuance of notice No. 76-9, the FAA engaged in an intensive advisory effort to persuade operators of large aircraft to take effective corrective measures immediately. Comments received in response to notice No. 76-9 suggested actions which are generally in concurrence with the corrective measures recommended by the PAA. Corrective measures have been taken and the reported incidents of in-flight overboard leakage of fluids subject to freezing has decreased from 14 in 1974, to 7 in 1975, and to 4 in 1976.
In consideration of the comments received and the decrease in the number of reported incidents of in-flight overboard leakage' of fluids subject to freezing, the PAA believes that the underlying objectives of notice No. 76- 9 have been accomplished and that rulemaking is not necessary at this time. Therefore notice No. 76-9 should be withdrawn. However, if the FAA finds that a particular aircraft design is susceptible to in-flight overboard leakage of fluids subject to freezing and that an unsafe condition exists, the FAA will take appropriate regulatory action to remedy the situation.
AIR AMBULANCE SERVICE
In December of 1974, a Department of Transportation working group (consisting of members from the FAA, the U.S. Coast Guard, and the National Highway Traffic Safety Administration) was formed to develop definitive minimum standards for air ambulances. To assist this group, two public meetings were held in July of 1975 to obtain public comment on a preliminary series of items for inclusion in those standards. The meetings were held at Denver, Colo, and Washington,D.C. Those comments were carefully considered in preparation of the proposals set forth in advance notice of proposed ruemaking No. 77-14 (42 FR 37825; July 25, 1977) in which the FAA proposed regulations to govern the transportation in small aircraft, for compensation or hire, of persons who may need assistance in meeting their
medical needs while in flight. They were intended to provide air ambulance standards to insure that the medical needs of these people would be met without compromising safety.
The FAA received comments in response to notice No. 77-14 from more than 250 individuals and organizations. A majority of those comments expressed opposition to the proposed regulations. Among them were comments received from the congressional representatives of 10 States and from the Governors of 2 States.
A few comments questioned the statutory authority of the FAA to adopt the regulations proposed and suggested they should be proposed by the Department of Health, Education, and Welfare. Other comments expressed the view that, if adopted, the proposals would prove so unduly burdensome and costly as to drive many aircraft operators out of business, with the result that communities might be deprived of needed air ambulance service in certain sparsely populated areas of the country. It was pointed out that charter operators engaging in air ambulance service currently work closely with doctors and hospitals in their areas of operation and rely on them to determine what specialized equipment and personnel will be necessary for the particular patient to be transported. Most of the comments received expressed the view that these matters should continue to be the responsibility of the aircraft operators and professional medical personnel and should not be regulated by the FAA.
Certain of the commentators supporting the issuance of regulations were particularly concerned about the number of air taxi operators in the United States who, although holding themselves out to the public as providing air ambulance services, do not have adequate equipment or personnel to provide medically related services for ill patients. Even if it is assumed that this occurs in a statistically significant number of cases, this is not a problem relating primarily to air transportation safety, but rather, it is one relating to “truth in advertising.” As such, it is not a problem that the FAA is, by statute, empowered to deal with. The commentators’ remedy is more properly found under section 411 of the Federal Aviation Act of 1958, as amended, which is administered by the Civil Aeronautics Board. Section 411 specifically applies to air taxi operators (see 14 CFR 298.11) and precludes “deceptive practices” in “air transportation or the sale thereof.” In the FAA’s judgment, the economic cost of levying the proposed regulations on an entire industry outweighs the public benefits »nee there is a readily available statutorily enacted remedy. It is the FAA’s conclusion,
therefore, based upon the reasons set forth by the objecting commentators and the FAA's analysis, that it would be inappropriate to impose the regulations proposed in advance notice of proposed rulemaking No. 77-14 at this time, and, consequently, they are hereby withdrawn.
Withdrawal of the covered notices and advance notices does not preclude the FAA from issuing similar notices in the future, nor does it commit the FAA to any course of action.
D r a f t in g I n f o r m a t io n
The principal authors of this document are Robert V. Ford, Heinz J. Hel- lebrand, Frank M. Jamison, Jr., C. E. Radawick, and James. F. Zahringer, Flight Standards Service, and Darlene F. Romanias, Office of the Chief Counsel.W it h d r a w a l o f P r o p o se d R u l e m a k in g
Accordingly, the following notices and advance notices of proposed rule- making are withdrawn by the Federal Aviation Administration:
Notice No. 74-29 (39 FR 29189; August 14, 1974) entitled “Special Certificates”.
Notice No. 74-30 (39 FR 31913; September 3, 1974) entitled “Airborne Vibration Monitors”.
Notice No. 75-21 (40 FR 22271; May 22, 1975) entitled “Status of FAA Pilots and Applicants During Flight Tests”.
Notice No. 76-9 (41 FR 14393; April 5, 1976) entitled “In-flight Overboard Leakage of Fluids Subject to Freezing”.
Notice No. 77-14 (42 FR 37825; July 25, 1977) entitled “Air Ambulance Service”.(Sec 313(a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a)); Sec. 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)).)
N ote.—The Federal Aviation Administration has determined that this document does not contain a major proposal requiring preparation of an Economic Impact Statement under Executive Order 11821, as amended by Executive Order '11949, and OMB Circular A-107.
Issued in Washington, D.C. on August 8,1978.
J. A. F e r r a r e se , Acting Director
Flight Standards Service.[FR Doc. 78-23043 Filed 8-16-78: 8:45 am]
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36464 PROPOSED RULES
[4910-13]
A via tio n A dm inistration
[1 4 CFR Parts 63 , 65 and 121]
[Docket No. 18241; Notice No. 78-11]OPERATIONS REVIEW PROGRAM NOTICE
N O . 9
Certification: Flight Crewm em bers O th er Than Pilots
C ertification: A irm en O th er Than Flight Crewm em bers
Certification and Operations: Domestic, Flag and Supplem ental A ir Carriers and Commercial O perators o f Large A ircra ft
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Notice of proposed rulemaking (NPRM).SUMMARY: This notice describes the FAA’s disposition of certain proposals discussed at the Operations Review Conference. After consideration of these proposals, the FAA has determined that certain amendments to the rules applicable to aircraft equipment requirements, aircraft maintenance, aircraft operating rules, airmen certification, certificated operators and agencies, flight attendants and training are needed to provide a level of safety commensurate with the development and expansion of the aviation system. Certain other proposals were withdrawn by their proponents. Other proposals are being removed from further consideration after review by the FAA. The proposals, withdrawals and removals are contained in this notice.DATES: Comments must be received on or before November 11,1978.ADDRESSES: Send comments on the proposals in duplicate to: Federal Aviation Administration, Office of Chief Counsel, Attn: Rules Docket (AGC- 24), Docket No. 18241, 800 Independence Avenue SW., Washington, D.C. 20591.FOR FURTHER INFORMATION CONTACT:
Donald A. Schroeder, Safety Regulations Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591, telephone 202-755-8715.
SUPPLEMENTARY INFORMATION:C o m m e n t s I n v it e d
Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Comments relating to the environmental, energy, or economic impact that might result from adoption of the proposals contained in this
notice are invited. Communications should identify the regulatory docket or notice number and be submitted in duplicate to the address above. All communications received on or before November 17, 1978, will be considered by the Administrator before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each substantive public contact with FAA personnel concerned with the rule-making will be filed in the docket.
For convenience, each proposal in this notice is numbered separately. The FAA requests that interested persons, when submitting comments, refer to proposals by these numbers and by the section to which they relate.
A v a il a b il it y o f T h i s N o t ic e
Any person may obtain a copy of this notice of proposed rule-making (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Information Center, APA-430, 800 Independence Avenue SW., Washington, D.C. 20591, or by calling 202- 426-8058. Communications must identify the notice number of this NPRM. Persons interested in being placed on a mailing list for future NPRMs should request a copy of Advisory Circular No. 11-2 which describes the application procedures.
B a c k g r o u n d
The aviation industry in the United States and abroad has grown substantially during the last 10 years. Paralleling its rapid growth and numerous technological advances are significant changes in the operating environment in which airmen, air agencies and aircraft operators function.
To enable the FAA to become more responsive to the needs of the general public and the aviation community in fu lfilling the agency’s aviation safety responsibilities, notice 75-9 (40 FR 8585; February 28,1975) was issued, inviting all interested persons to submit proposals for consideration during the operations review program.
In response to that invitation, the FAA received more than 5,000 individual comments contained in 123 submissions. Based on those comments and on the compilation of proposals, the FAA prepared a number of working documents for the Operations Review Conference held in Arlington, Va., on December 1-5, 1975. The FAA distributed those documents to each person who participated in the operations
review program and to all other interested persons who requested them.
The Operations Review Conference was attended by more than 600 persons. Various committees discussed all the scheduled agenda items during the conference. Summaries were given by the FAA committee chairmen at the close of discussions on each agenda item. Persons present were given the opportunity to correct those oral summaries. Those summaries were edited, and combined with an attendee list and transcripts of certain plenary sessions speeches, and distributed to all attendees and to other interested persons.
T h e P r o p o s a l s
This notice deals with selected proposals concerning parts 63, 65 and 121 contained in the following Operations Review Committee Workbooks:
Committee TitleNo.
1 ............. ;........ Aircraft Equipment and Requirements.
2....................... Aircraft Maintenance.3 ................... Aircraft Operating Rules.4 .............. .... Airmen Certification.8 ................... Certificated Operators and Agen
cies.6 ...................... Flight Attendants.9 ... ............... Training.
A number of the proposals contained in both the Compilation and the working documents are not included in this notice. Thé proposals listed in Appendices I and II fall into two categories as follows:Appendix I—Proposals withdrawn by propo
nent.Appendix II—Proposals removed from con
sideration.D r a f t in g I n f o r m a t io n
The principal authors of this document are J. T. Morse, Flight Standards Service, and R. B. Elwell, Office of the Chief Counsel.
T h e P r o p o se d A m e n d m e n t s v
Accordingly, the Federal Aviation Administration proposes to amend parts 63, 65 and 121 of the Federal Aviation Regulations (14 CFR Parts 63, 65 and 121) as follows:
PART 63— CERTIFICATION: FLIGHT CREW MEMBERS OTHER TH A N PILOTS
9-1. By revising §63.39 (a), (b)(2) &(3) and by adding a new paragraph (c) to read as follows:§ 63.39 Skill requirements.
(a) An applicant for a flight engineer certificate with a class rating must pass a practical test, including an oral examination, on the duties of a flight engineer, in the class of airplane for which a rating is sought. Except as
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
provided in paragraph (c) of this section, the test may only be given on an airplane specified in § 63.37(a).
(b) * * *(2) In flight, except as provided in
paragraph (c) of this section, show satisfactory performance of the normal duties and procedures relating to the airplane, airplane engines, propellers (if appropriate), systems, and appliances; and
(3) In flight, or in an airplane simulator, or in an approved flight engineer training device, show satisfactory performance of abnormal and emergency duties arid procedures and recognize and take appropriate action for malfunctions of the airplane, engines, propellers (if appropriate), systems and appliances.
(c) An applicant for a flight engineer certificate may complete the flight portion of the practical test, required by paragraph (b)(2) of this section, in an approved airplane simulator of the type and class for which the applicant is seeking a rating if the applicant holds either a commercial pilot certificate who holds a commercial pilot certificate with an instrument rating, an airline transport pilot certificate, or is an applicant for an additional flight engineer class rating.
Explanation. This proposal allows an applicant for a flight engineer certificate with an instrument rating, who holds an airline transport pilot certificate, or who is an applicant for an additional flight engineer class rating, to complete the flight portion of the practical test in an approved airplane simulator for that type airplane. The FAA believes that such an applicant has already demonstrated ability to perform complex inflight duties and therefore has proven fitness to operate successfully in the flight environment. The FAA believes that such an applicant would receive at least a comparable level of training and this option would, if exercised, also reduce noise and pollution and conserve fuel.
Additionally, this proposal adds a requirement for an oral examination to the practical test to determine the applicant’s knowledge in certain areas which cannot be otherwise demonstrated, such as airplane performance and limitations, systems and differences between various airplane models.
Also, a reference to “abnormal” duties and procedures has been added. With the advent of more complex airplanes, a new concept of training was devised to reduce the number of “emergency procedures” which crewmembers must memorize. To do this, many emergency procedures were redefined as “abnormal” requiring a “challenge and response” as opposed to rote memorizations.
Ref. Proposal Nos. 71, 75, 76, and 77; §63.39 (a), (b)(2), (b)(3) and (c); committee 4; agenda item A-2.
9-2. By adding a new § 63.40 to read as follows:§ 63.40 Operating experience.
(a) For the purpose of this section airplane groups are as follows:
PROPOSED RULES
(1) Group I. FTopeller driven, including—
(1) Reciprocating powered; and (ii) Turbopropeller powered.(2) Group II. Turbojet powered.(b) An applicant for a flight engi
neer certificate may not serve as a required flight engineer on an airplane until the applicant has performed the duties of a flight engineer under the supervision of a check flight engineer, for at least the following number of hours of operating experience:
(1) Group I reciprocating powered airplanes, 8 hours.
(2) Group I turbopropeller powered airplanes, 10 hours.
(3) Group II airplanes, 12 hours.(c) The operating experience re
quired by paragraph (a) of this section must be obtained in flight or in an approved airplane simulator of the type and class for which the applicant is seeking a rating. The operating experience may be obtained in a simulator only when the applicant—
(1) Holds a commercial pilot certificate with an instrument rating, holds an airline transport pilot certificate, or is an applicant for an additional flight engineer class rating;
(2) Is employed by a part 121 certificate holder or a certificate holder operating under § 135.2 of this chapter; and
(3) Has completed an approved part 121 flight engineer training program in accordance with part 121 or § 135.2.
(d) When all of the operating experience required by paragraph (a) of this section is obtained in flight, the hours of experience required may be reduced by not more than 50 percent, by the substitution of one additional takeoff and landing for each hour of flight.
(e) When the operating experience required by paragraph (a) of this section is obtained in a simulator, it must be accomplished under line operating conditions with all required flight crew positions occupied by appropriately qualified personnel.
Explanation. The FAA believes that all applicants for a flight engineer certificate should meet the operating experience requirements currently required by § 121.434(d). To accomplish this, we propose to add a new § 63.40 entitled, “Operating experience.”
The FAA believes that a flight engineer applicant, who holds a commercial pilot certificate with an instrument rating who holds an airline transport pilot certificate, or who is an applicant for an additional flight engineer class rating, who is employed by a part 121 operator and has completed an approved part 121 flight engineer training program, has sufficient background and experience to qualify him to take the practical test and obtain the required operating experience in a simulator. However, if operating experience is accomplished in the simulator it must simulate line operating conditions with all flight crew positions occupied by personnel qualified for those positions.
36465
Flight engineers who meet the requirements of this section are also considered to meet the requirements of § 121.434(d).
Ref. Proposal Nos. 71, 75, 76 and 77; new § 63.40; committee 4; agenda A-2.
9-3. By revising paragraph (a)(3)(i), appendix C, of part 63, to read as follows:
A p p e n d i x C — F l i g h t E n g i n e e r T r a i n i n g C o u r s e R e q u i r e m e n t s
(a) * • •(3) Flight course outline.(i) The flight training curriculum must in
clude at least 10 hours of flight instruction in an airplane specified in § 63.37(a). The flight time required for the practical test may not be credited as part of the required flight instruction. However, an applicant employed and trained by a part 121 certificate holder or a certificate holder operating under § 135.2 of this chapter, wo successfully completes an approved training program and who is recommended by an instructor, need not complete the 10 hours of flight instruction required by this paragraph.
* * * * *Explanation. This proposal provides that
an applicant for a flight engineer certificate who is employed and trained by a part 121 certificate holder or a part 135 certificate holder operating under § 135.2, who successful completes an approved training program and who is recommended by an instructor, need not complete the programmed instruction required by paragraph (a)(3) of appendix C.
Patt 121 pilot training programs embrace the “training to proficiency” concept. The FAA believes that this concept should also be included in part 63, appendix C.
Ref. Proposal No. 89; part 63, appendix C; committee 9; agenda item A-l.
PART 65— CERTIFICATION: A IRM EN OTHER TH A N FLIGHT CREWMEMBERS
§ 65.15a [Deleted]9-4. By deleting § 65.15a and mark
ing it “[Reserved]”.Explanation. Certificates issued under
§ 65.15a had a twelve month duration until Amendment 65-12, effective December 21, 1967, deleted the 12 month limitation for certain airmen certificates issued to persons who are not U.S. Citizens and provided for the reissuance of permanent certificates to the holders of such duration-limited certificates. Since the one year duration-limited certificates have been expired, for over 6 years, the FAA believes that reissuance of unlimited certificates without further proof of technical ability is no longer appropriate. Hence, § 65.15a would be deleted.
Ref. Proposal No. 94; § 65.15a; committee 4; agenda item B-l.
§ 65.81 [Amended]9-5. By amending § 65.81 by inserting
the phrase preventive maintenance,” after each word “maintenance” in § 65.81(a).
Explanation. This proposal adds the words “preventive maintenance” to make the authorization consistent with § 43.3.
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36466 PROPOSED RULES
Ref. Proposal No. 108; §65.81; committee 4; agenda item B-l.
9-6. By revising § 65.93 to read as follows:§ 65.93 Inspection authorization: Renewal.
(a) To be eligible for renewal of an inspection authorization for a one year period an applicant must present evidence annually, during the month of March, at an FAA General Aviation District Office, a Flight Standards District Office or an International Field Office that the applicant still meets the requirements of § 65.91(c) (1) through (4), and must show that, during the current period that the applicant held the inspection authorization, the applicant—
(1) Has performed at least one annual inspection for each 90 days that the applicant held the current authority; or
(2) Has performed inspections of at least two major repairs or major alterations for each 90 days that the applicant held the current authority; or
(3) Has performed or supervised and approved at least one progressive inspection in accordance with standards prescribed by the Administrator; or
(4) Attended and successfully completed a refresher course, acceptable to the Administrator, of not less than eight hours of instruction during the 12 month period preceding the application for renewal; or
(5) Has passed an oral test to determine that the applicant’s knowledge of applicable regulations and standards is current.
(b) The holder of an inspection authorization that has been in effect for less than 90 days before the expiration date need not comply with paragraph(a) (1) through (5) of this section.
Explanation. The renewal requirements of § 65.93 were adequate at the time of original enactment. However, those requirements are no longer consistent with the current inspection programs in use and required by the regulations. Therefore, this proposal provides additional qualifying activities for renewal of inspection authorization including recurrent training.
Ref. Proposals 119, 120, 121 and 122; § 65.93; committee 4; agenda item B-4.
9-7. By revising §65.103 to read as follows:§ 65.103 Repairman certificate: privileges
and limitations.(a) A certificated repairman may
perform or supervise the maintenance, preventive maintenance, or alteration of aircraft or aircraft components appropriate to the job for which the repairman was employed and certificated, but only in connection with duties for the certificate holder by whom the repairman was employed and recommended.
(b) A certificated repairman may not perform or supervise duties under the repairman certificate unless the repairman understands the current instructions of the certificate holder by whom the repairman is employed and the manufacturer’s instructions for continued airworthiness relating to the specific operations concerned.
Explanation. This proposal extends to certificated repairmen the privilege of performing alterations and preventive maintenance to qualify them to perform those functions performed by a repair station as outlined in § 43.3(e). Additionally, the phrase “certificate holder” has been substituted for "repair station, commercial operator, or air carrier,” as all of these organizations are certificate holders. Also, the phrase “instructions for continued airworthiness” has been substituted for “maintenance manuals” because instructions may exist in documents other than manuals.
Ref. Proposal Nos. 134 and 135; § 65.103(a) and (b); committee 4; agenda item B-5.
PART 121— CERTIFICATION A N D OPERATIONS:DOMESTIC, FLAG A N D SUPPLEMENTAL AIRCARRIERS A N D COMMERCIAL OPERATORSOF LARGE AIRCRAFT9-8. By revising the heading and text
of § 121.97 to read as follows:§ 121.97 Airports: required data.
(a) After (1 year after the effective date of the amendment based on the notice) each domestic and flag air carrier must show that it has an approved system for obtaining, maintaining and distributing to appropriate personnel current aeronautical data for each airport it uses to ensure a safe operation at that airport. The aeronautical data must include the following:
(1) Airports, (i) Facilities (weather, NOTAM service, maintenance, refueling, passenger terminal ramp communication, passenger enplaning and deplaning, flight planning, and de-icing and anti-icing).
(ii) Public protection (fire equipment, police, medical services, fences, and gates).
(iii) Navigational and communications aids (en route, approach, terminal, and departure).
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities (tower, taxi, takeoff, and landing clearance, separation, transition information, radar services, and sequencing).
(2) Runways, clearways and stop- ways.
(i) Dimensions.(ii) Surface (composition, texture,
and strength).(iii) Marking and lighting systems
(approach, landing, runway, taxiway, maneuvering, obstructions, and ramp areas).
(iv) Elevation and gradient.(3) Displaced thresholds.(i) Location.
(ii) Dimensions.(iii) Takeoff or landing or both.(4) Obstacles.(i) Those affecting takeoff and land
ing performance computations in accordance with subpart I of this part.
(ii) Controlling obstacles (description, location, height for en route, terminal routes, approach, missed approach, departure, and airport area).
(5) Instrument flight procedures.(i) Departure procedure.(ii) Approach procedure.(iii) Missed approach procedure.
Instrument flight procedures at foreign airports must be in accordance with the criteria in the International Civil Aviation Organization (ICAO) publication, Procedures for Air Navigation Services-Aircraft Operations (PANS OPS), or in the United States Standard for Terminal Instrument Approach Procedures (TERPS).
(6) Special information.(i) Runway visual range measure
ment equipment.(ii) Prevailing winds under low visi
bility conditions.(b) If the Flight Standards District
Office charged with the overall inspection of the certificate holder’s operations finds that revisions are necessary for the continued adequacy of the certificate holder’s system for collection, dissemination and usage of aeronautical data that has been granted approval, the certificate holder shall, after notification by the Flight Standards District Office, make those revisions in the system. Within 30 days after the certificate holder receives this notice, the certificate holder may file a petition to reconsider the notice with the Director, Flight Standards Service. This filing of a petition to reconsider stays the notice pending a decision by the Director, Flight Standards Service. However, if the Flight Standards District Office finds that there is an emergency that requires immediate action in the interest of safety in air transportation, the Director may, upon a statement of the reasons, require a change effective without stay.
Explanation. This is one of a set of related proposals affecting §§ 121.97 and 121.117. After investigation of an aircraft accident the National Transportation Safety Board found, among other things, certain irregularities involving the collection and dissemination of airport information which rendered ineffective the air carrier’s operational control system. It has been determined that current §§ 121.97 and 121.117 do not adequately describe the airport data which the air carrier must have available to ensure safe operations. Accordingly, these proposed revisions require the certificate holders to establish and maintain an approved system to obtain, disseminate and use, on a continuous basis, current aeronautical data for each airport they serve.
Ref. Proposal No. 376; § 121.97; committee 6A; agenda item C.
FEDERAL REGISTER, V O L 43, N O . 160-rTH U RSD A Y , AUGUST 17, 1978
PROPOSED RULES 36467
9-9. By revising the heading and text of § 121.117 to read as follows:§ 121.117 Airports: required data.
(а) After (one year after the effective date of the amendment based on the notice) each supplemental air carrier and commercial operator must show that it has an approved system for obtaining, maintaining and distributing to appropriate personnel current aeronautical data for each airport it uses to ensure a safe operation at that airport. The aeronautical data must include the following:
(1) Airports.(1) Facilities (weather, NOT AM serv
ice, maintenance, refueling, passenger terminal, ramp communication, passenger enplaning and deplaning flight planning, and de-icing and anti-icing).
(ii) Public protection (fire equipment, police, medical services, fences, and gates).
(iii) Navigational and communications aids (en route, approach, terminal, and departure).
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities (tower, taxi, tkeoff, and landing clearance, separation, transition information, radar services, and sequencing).
(2) Runways, clearways and stop- ways.
(i) Dimensions.(ii) Surface (composition, texture,
and strength).(iii) Marking and lighting systems
(approach, landing, runway, taxiway, maneuvering, obstructions, and ramp areas).
(iv) Elevation and gradient.(3) Displaced thresholds.(i) Location.(ii) Dimensions.(iii) Takeoff or landing or both.(4) Obstacles.(i) Those affecting takeoff and land
ing performance computations in accordance with Subpart I of this part.
(ii) Controlling obstacles (description, location, height for en route, terminal routes, approach, missed approach, departure and airport area).
(5) Instrument flight procedures.(i) Departure procedure.(ii) Approach procedure.(iii) Missed approach procedure.
Instrument flight procedures at foreign airports must be in accordance with the criteria in the International Civil Aviation Organization (ICAO) publication, Procedures for Air Navigation Services-Aircraft Operations (PANS OPS), or in the United States Standard for Terminal Instrument Approach Procedures (TERPS).
(б) Special information, (i) Runway Visual Range-measurement equipment.
(ii) Prevailing winds under low visibility conditions.
(b) If the Flight Standards District Office charged with the overall inspection of the certificate holder’s operations finds that revisions are necessary for the continued adequacy of the certificate holder’s system for collection, dissemination, and usage of aeronautical data that has been granted approval, the certificate holder shall, after notification by the FAA District Office, make those revisions in the system. Within 30 days after the certificate holder receives such notice, the certificate holder may file a petition to reconsider the notice with the Director, Flight Standards Service. This filing of a petition to reconsider stays the notice pending a decision by the Director, Flight Standards Service. However, if the FAA District Office finds that there is an emergency that requires immediate action in the interest of safety in air transportation, the Director may, upon a statement of the reasons, require a change effective without stay.
Explanation. This is one of a set of related proposals affecting §§ 121.97 and 121.117. After investigation of an aircraft accident the National Transportation Safety Board found, among other things, certain irregularities involving the collection and dissemination of airport information which rendered ineffective the air carrier’s operational control system. It has been dètermined that current §§ 121.97 and 121.117 do not adequately describe the airport data which the air carrier must have available to ensure safe operations. Accordingly, these proposed revisions require the certificate holders to establish and maintain an approved system to obtain, disseminate and use, on a continuous basis, current aeronautical data for each airport they serve.
Ref. Proposal No. 378; § 121.117; committee 6A; agenda item C.
9-10. By revising § 121.135(b)(23) to read as follows:§ 121.135 Contents.
* * * * ♦
(b) * * *(23) After (90 days after the effec
tive date of the amendment based on this notice), procedures and information to assist personnel to identify packages marked or labeled as containing hazardous materials and, if these materials are to be carried, stored, or handled, procedures and instructions relating to the carriage, storage, or handling of hazardous materials, including the following:
(i) Procedures for determining the proper shipper certification required by 49 CFR Subchapter C, proper packaging, marking, labeling, shipping documents, compatibility of materials, and instructions on the loading, storage, and handling.
(ii) Notification procedures for reporting hazardous material incidents as required by 49 CFR Subchapter C.
(iii) Instructions And procedures for the notification of the pilot in command when there are hazardous materials aboard, as required by 49 CFR Subchapter C.
* * * * *Explanation. This proposal would require
all part 121 certificate holders to provide guidance in their operations manuals which would enable their flight and ground operations personnel to recognize and handle packages containing hazardous materials. This guidance would be in addition to the current requirement for the manual to contain procedures and instructions for personnel who actually handle hazardous materials.
Employees who do not recognize packages containing hazardous materials may unknowingly allow the shipment of these materials contrary to the FARs and 49 CFR Subchapter C. Part 121 certificate holders who do not carry such materials also need procedures and instructions of sufficient detail to insure that their employees can recognize shipments of these materials and refuse to accept them.
Since hazardous materials regulations are now contained in 49 CFR Subchapter C, appropriate reference changes have been made in § 121.135(b)(23) (i), (ii) and (iii).
Ref. Proposal No. 381; § 121.135(b)(23); committee 6A; agenda item D.
9-11. By revising the heading of § 121.137 and revising § 121.137(b) to read as follows:§ 121.137 Distribution and availability.
* * * • ■ *(b) Each person to whom a manual
or appropriate parts of it are furnished under paragraph (a) of this section shall keep it up to date with the changes and additions furnished to that person and shall have the manual or appropriate parts of it accessible when performing assigned duties.
* * * * *
Explanation. This proposed change would require each person to whom a manual or appropriate parts are furnished, to have the manual or appropriate parts accessible when performing assigned duties.
Ref. Proposal No. 382; § 121.137; committee 7; agenda item B.
9-12. By revising § 121.161(a) to read as follows:§ 121.161 Airplane limitations: type of
route.(a) Unless authorized by the Admin
istrator, based on the character of the terrain, the kind of operation, or the performance of the airplane to be used, no certificate holder may operate a two-engine or three-engine airplane (except a three-engine turbine- powered airplane) over a route that contains a point farther than 1 hour flying time (in still air at normal cruis-
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36468 PROPOSED RULES
ing speed with one engine inoperative) from an adequate airport.
* * * * *Explanation. This proposal substitutes
the term “certificate holder” for the terms “domestic or flag air carrier” thus applying the rule to supplemental air carriers and commercial operators. This change would require certificate holders to comply with the same route and airport restrictions whether the operations are passenger or cargo type.
Ref. Proposal No. 385; § 121.161(a); committee 3; agenda item C-l.
9-13. By revising § 121.163(a) to read as follows:
§ 121.163 Aircraft proving tests.(a) No domestic or flag air carrier
may operate an aircraft not before proven for use in scheduled air carrier operations, and no supplemental air carrier or commercial operator may
operate an aircraft not before proven for use in air carrier or commercial operator operations, unless an aircraft of that type has had, in addition to the aircraft certification tests, at least 100 hours of proving tests acceptable to the Administrator, including a representative number of flights into en route airports. The requirement for at least 100 hours of proving tests may be reduced by the Administrator if the Administrator determines that a satisfactory level of proficiency has been demonstrated to justify the reduction. At least 10 hours of proving tests must be flown at night.
»* * * * *
Explanation. The FAA believes that proving tests may be concluded, even if the total is less than 100 hours, when proficiency is demonstrated to the satisfaction of the Aministrator.
Ref. Proposal No. 387; § 121.163(a); committee 6A; agenda item D.
A p p e n d i x I—M is c e l l a n e o u s P r o p o s a l s W it h d r a w n b y P r o p o n e n t
The following proposals are withdrawn. The withdrawal of FAA proposals does not commit the FAA to any future course of action.
14 CFR (PAR) Proposal No. Committee Agenda item No.
Proponent
63.23..................................... 73 4 A - l ............. Federal Aviation Adminstration.63.41.................................... 78 4 A-2............. Do.63 appendix C ................... . 90 9 A - l ............. Do.65.51(b)............................... 98 4 B -2............. S.G.A.C./France.65.71.................................... 99 4 B -3............. Federal Aviation Administration.65.101.................................. 99 4 B -3............. Do.65.113................................... 99 4 B -3............. Do.121.1(b)................................ 355 6 A................. Do.121.9(a)............................... . 359 6 A................. S.G.A.C./France.121.13(a)............................. 359 6 A................. Federal Aviation Administration.121.590(b)............................ 359 6 A................. Do.121.47................................... 367 6 B ................. Do.121.51.... .............................. 369 6 B ................. Do.121.61................................... 1 373 6 B ................. Do.
A p p e n d i x II—P r o p o s a l s R e m o v e d F r o m C o n s id e r a t io n
Based on the FAA’s review of the discussions at the Operations Review Conference and the information submitted by interested persons, the following proposals are removed from consideration for the reasons listed:
14 CFR (FAR) Proposal No. CommitteeNo.
Agenda item Proponent
63.35(e)............................... 74 4 A -2............. Air Transport Association of America.65.11............... ..................... 91 4 B - l ............. Do.65.15.... ................................ 93 4 B - l ............. Mr. Sam Corso.65.81............. ...................... 106 4 B -3............. International Association of Machin
ists and Aerospace Workers.118 4 B -4.............123 4 B -4............. Do.
65.95(c)............................... 128 4 B -4............. Helicopter Association of America.65.100.................................. 130 4 B -5............. International Association of Machin
ists and Aerospace Workers.65.101.................................. 131 4 B -5............. Do.65.101(e)............................. 132 4 B -5............. Air Transport Association of America.65.102.................................. 133 4 B -5............. Aircraft Owners and Pilots Associ
ation.137 4 B -5............. Do.138 4 B -5............. Do.
65.111 Subpart F .............. '139 None None.......... Mr. Sam Corso.65.113.................................. *140 None None.......... Do.65.115.................................. 1141 None None.......... Do.65.117.................................. »142 None None.......... Do.65.119.................................. >143 None None.......... Do.65.121.................................. »144 None None.......... Do.65.123.................................. » 145 None None.......... Do.65.125.................................. >146 None None.......... Do.
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES
14 CPR (PAR) Proposal No. Committee Agenda item No.
Proponent
121 Subpart V ....... ........... 345 2 D .................Board.
121 Subpart....................... 346 2 D ................. Do.121 (New)........................... 347 10 G ................ Do.i2i m r ..... 34R 6A A121 (New)........................... 349 1 C - l ............. D a121 (New)............ .’.............. 350 3 C - l ............. Do.121 (New)........................... 351 3 C -l............. Do.121 (New)........................... 352 3 C - l ............. Do.121 (New)........................... 353 10 G ................ Do.121 (New)........................... 354 3 C - l ..... ....... Do.121.6(c)(6).......................... 357 10 E .................121.25(b)(9)........................ 361 6A B ................. Do.121.27.................................. 362 B ................. The Association of Flight Attendants.121.45(b)(8)........................ 365 6A B................. Air Transport Association of America.121.59.................................. 371 7 A................. The Association of plight Attendants.121.61.................................. 374 7 A................. Do.121.99.................................. 377 6A C................. Air Transport Association of America.121.133................................ 379 6A C................. International Association of Machin-
ists.121.139................................ 383 7 B .................121.161(a)........................... 3«fi 6A n .................121.163(e)........................... 388 6A D................. Do.121.163....................... ......... 389 6A D................. The Association of Flight Attendants.
‘Not discussed during Operations Review—Previously shown in Operations Review Notice 4, as deferred.
Proposal 74. This proposal would have amended § 63.35(e) to allow an air carrier or commercial operator with an approved training program under part 121, to administer the written test for an original flight engineer rating. The justification given was that the written examination for an original group II rating is based primarily on the B-727 airplane regardless of the type aircraft on which the applicant is to serve. Since the written examinations for original group II ratings are now tailored to the type of aircraft on which the applicant will serve, there is no justification for the proposed amendment. Additionally, the PAA believes that, for reasons of uniformity and control, the original written examination for certification of flight engineers should continue to be administered by the FAA.
Proposal 91. This proposal would have amended §65.11(a) to allow an applicant who is employed by an air carrier holding both an air carrier operating certificate, and a repair station certification, who will perform identical duties under each certificate, to apply on a single form for a certificate with dual privileges. The proposal stated that the current FAA practice is guided by FAA Handbook 8310.4A which has been interpreted to require the repairman to make separate application for identical ratings under each of the air carrier’s certificates. The FAA has determined that a regulatory change is unnecessary and will revise the handbook.
Proposal 93. This proposal would have amended §65.15 to make repairman certificates permanently effective unless sooner surrendered, suspended, or revoked. The repairman would not have to be re-certificated. The FAA believes that the repairman authorization should continue to be issued for an appropriate air carrier or repair station since it is unique to the requirements of those organizations and the certificate should continue to expire when the repairman changes employment.
Proposal 106. This proposal would have amended §65.81 to protect the mechanic from technical violations which could arise when the mechanic works on an unfamiliar aircraft. Current § 65.81 provides that a certificated mechanic may not supervise the maintenance or alteration of, or approve for return to service, any aircraft or appliance or part for which the mechanic is rated, unless the mechanic has satisfactorily performed the work at an earlier date. Since modem training aids such as closed circuit television, microfiche, etc., are available for a mechanic’s use, the problem of a mechanic being unfamiliar with an aircraft has been minimized. Insufficient justification was presented to support the proposed amendment.
Proposals 118 and 123. These proposals would have amended §§ 65.91(d) and 65.93, “Inspection Authorization,” on the basis that there was little justification for the requirement of periodic renewal of an inspection authorization. The FAA has concluded that
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36470 PROPOSED RULES
there is sufficient justification to require each holder of an inspection authorization to periodically update knowledge of regulatory requirements and related information by actual performance of duties authorized.
Proposal 128. This proposal would have amended § 65.95(c) to allow an authorized inspector to utilize inspection authority anywhere under the jurisdiction of the FAA. Since § 65.95(c) now allows this, there is no need for a rule change.
Proposals 130 and 131. These proposals would have- amended §65.101 to require applicants for a repairman’s certificate to pass a written or oral test covering the construction and maintenance of aircraft or components appropriate to the rating being sought instead of the current procedure where repairmen certificates are issued based solely on the employer’s recommendation. The FAA believes that, since the employee currently has to meet the qualification and experience requirements of §65.101 (b) and(e), the privilege of candidate selection should continue to rest with the employer.
Proposal 132. This proposal would have amended §65.101 to allow a person to meet one of the requirements for a repairman crtificate by having a degree from a technical institute and six months of practical experience instead of 18 months of practi- casl experience. The FAA believes that the current 18 months practical experience requirement is necessary.
Proposals 133, 137 and 138. These proposals woud have amended part 65 to providé for a new repairman certificate to extend the scope of maintenance which may be performed by an owner/pilot. Considering the increased workload which this proposal would impose upon “appropriately rated mechanics” and the “Administrator”, the problems associated with control of quality of workmanship, and the problems associated with resale of aircraft where repairs have been made by the owner/pilot, the FAA believes that there is insufficient justification for the proposed change.
Proposal 139. This proposal would have amended §65.111 to eliminate the provisions for a “Senior” and “Master” rigger. The FAA has determined that the two-level certificate system, under which “Master” rigger has higher qualifications that the “Senior” rigger, is needed in the interest of safety.
Proposals 140-146. These proposals would have amended §§65.113, 65.115, 65.117, 65.119, 65.121, 65.123 and65.125 and were submitted contingent upon the acceptance of proposal 139 which, for the reason stated under proposal 139, has been removed from consideration.
Proposal 345. This proposal would have amended subpart K of part 121 to require a maintenance program to ensure reliability of emergency evacuation slides. Section 121.309(b) requires the operator to inspect emergency equipment regularly in accordance with inspection periods established in the operations specifications to ensure its continued serviceability and immediate readiness. Section 121.309(b) is adequate to ensure reliability of slides.
Proposal 346. This proposal would have required certificate holders conducting operations under parts 121, 123, and § 135.2 to report all emergency evacuations slide deployments, failures and malfunctions to the FAA through the Mechanical Reliability Reporting System (MRRS). The FAA is considering the need to revise the list of Mechanical Reliability Reporting System items to make them compatible with today’s aviation environment, and the need for a requirement to report all emergency evacuation slide deployments.
Proposal 347. This proposal would have amended part 121 to consolidate all rules pertaining to passengers under one subpart within 14 CFR part 121. The FAA is amending individual part 121 rules regarding passengers, crews, and operators. We believe that the recommended consolidation would only lead to duplication and confusion.
Proposal 348. This proposal would have added a new section to part 121 entitled, “Fuel consumption” to read as follows: “For those aircraft on which fuel compensators have been removed, the density of fuel must be considered maximum.” The proposal is vague and general. Discussion revealed that the intent of the proposal was to modify aircraft systems by supplemental type certification (STC) or other means and did not reflect malfunctioning systems which would be subject to the Minimum Equipment List (MEL). Any modification affecting fuel quantity accuracy should be contained in airworthiness rather than operating rules. Therefore, the proposal is considered outside the scope of the operations review.
Proposal 349. This proposal would have added a new section to part 121 to require retroactive relocation of glide slope antenna to conform to an International Civil Aviation Organization recommendation. The FAA believes the present operational procedures and glide slope antenna certification criteria are adequate to assure a safe aircraft clearance over the runway threshold.
Proposal 350. This proposal would have added a new section to part 121 which would leave to the discretion of the pilot in command the utilization of high drag maneuvers and associated
operatihg procedures. Since the proposal is vague and the proponent did not define the problem or provide specifics during the operations review, there is inadequate justification presented to support a rule change.
Proposal 351. This proposal would have added a new section which would allow the pilot in command to elect to operate the aircraft at the minimum drag point if, in the pilot in command’s opinion, increased performance is required. It would also require the operator to establish the speeds for various minimum drag configurations. The proposal is too broad, vague, and indefinite. The justification submitted was insufficient to support a rule change.
Proposal. 352. This proposal would have added a new paragraph to § 121.189 to require the lateral area of consideration for this obstacle plane to be the same as the lateral limits for the departure procedure specified in TERPS. Due to the diverse departure procedures at many airports where specific departure routes are not defined and the extensive combinations of possible emergencies which could occur to each type of aircraft under various weather conditions, the FAA does not agree with the proposed rule change.
Proposal 353. This proposal would have added a new section to part 121 which would provide for periodic surveillance by the FAA to determine that the weight and balance of the aircraft is accurate. The FAA believes that present surveillance procedures provide an adequate level of safety.
Proposal 354. This proposal would allow for a 10-percent reduction in take -off thrust. The FAA has issued Order 8000.3, “Reduce Thrust Take - offs—Turbojet Powered Transports,” which accomplishes the basic objective of the proposal.
Proposals 357, 361, and 365. This series of proposals would have deleted §§121.6(0(6), 121.25(b)(9), and121.45(b)(8) which would limit the Administrator’s authority to amend the certificate holder’s operations specifications. The FAA believes that these sections are required to provide administrative flexibility.
Proposal 362. This proposal recommends that the public should have a voice in determining whether exceptions or deviations from § 121.27 (b) and (c) should be granted. Section 121.27 concerns issuance of certificates and is not the place for discussion of exemptions and general public rule- making procedures. Part 11 prescribes procedures for the submission and processing of petitions for rulemaking and exemptions.
Proposals 371 and 374. These proposals would have amended §§ 121.57 and 121.61 to require supplemental air
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36471
carriers and commercial operators to employ a Director of Flight Attendants and a Chief Flight Attendant on the basis that this would enhance the professionalism of flight attendants and, indirectly, improve operational safety. The FAA believes that the proponent did not present sufficient justification to support a requirement for the establishment of these positions.
Proposal 377. This proposal would have revised § 121.99 to eliminate, for domestic and flag air carriers, the requirement for a two-way air to ground radio communication with the appropriate dispatch office when the aircraft is operating in controlled airspace. The proposal would have eliminated the requirement for flight watch over most en route operations and would reduce dispatch surveillance and coordination. The FAA believes that the current regulation is necessary to maintain an adequate level of safety and to rescind it would not be in the public interest.
Proposal 379. This proposal would have amended §121.133, by providing that no manual changes be made by air carriers or commercial operators of large aircraft unless the affected maintenance personnel are notified by bulletin of the change and the effective date of the change. Current § 121.137 places the responsibility on each certificate holder to furnish copies of the manual required by §121.133 and the changes and additions or appropriate parts of the manual to its appropriate ground operations and maintenance personnel. The FAA believes that this proposal would burden the certificate holder without an equivalent increase in safety.
Proposal 383. Section 121.139 currently requires each supplemental air carrier and commercial operator to carry appropriate parts of the manual on each aircraft when away from the principal base. This proposal would have amended § 121.139 to require the certificate holder to provide aboard the aircraft, maintain, and revise a separate manual containing only the pertinent safety information concerning the cabin. The FAA believes that there is insufficient justification for the imposition of such an additional requirement on the certificate holder.
Proposal 386. This proposal would have amended § 121.161 to allow two- engine turbine-powered airplanes, certificated under part 25, to operate in passenger operations.with one engine inoperative, over a route that contains a point farther than one hour’s flying time from an adequate airport. The FAA believes that a two-engine turbine-powered aircraft with one engine inoperative would not provide ah adequate level of safety.
Proposal 388. This proposal would have amended § 121.163 to allow the certificate holder to “* * * carry only passengers needed to make the test * * *”. As written, the proposal could be interpreted as allowing revenue passengers to be carried on the proving flights. The FAA believes that, since the proving flights are designed to prove that the airplane encounters no unforeseen operational conditions, passengers should not be carried. The present rule is considered adequate.
Proposal 389. This proposal would have eliminated flight attendants aboard aircraft during proving tests. Proving tests, as required by § 121.163, are intended to prove to the FAA that the operational procedures for that aircraft are adequate for the safe carriage of the general public in scheduled operation. Such aircraft proving tests are not flight tests as required by §21.33 and are not intended to prove the capability of the aircraft. The flight attendants are an integral part of the operational procedures for handling passengers and it is necessary that they be present during the proving tests for FAA evaluation of their functions.(Secs. 313, 314, and 601 through 610 of the Federal Aviation Act of 1958 (49 U.S.C. 1354, 1355, and 1421 through 1430 and section 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)).)
Issued in Washington, D.C. on August 10,1978.
J. A. F e r r a r e se , Acting Director,
Flight Standards Service.[FR Doc. 78-22813 Filed 8-16-78 8:45 am]
[4910-13]
[1 4 CFR Parts 71 and 7 5 ]
[Airspace Docket No. 78-RM-16]A IR W A Y S A N D JET ROUTES
Proposed A lte ra tio n and A ddition; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.ACTION: Correction to notice of proposed rulemaking.SUMMARY: In a notice of proposed rulemaking (NPRM), published in the F ed er a l R e g is t e r of July 27, 1978, vol. 43, page 32438, under “The Proposed Amendment” the Denver 085° radial should be 058° in the description of V- 220 and the Hayden 098° radial should be 089° in the description of J-56. This correction reflects the correct radials.EFFECTIVE DATE: August 17,1978.FOR FURTHER INFORMATION CONTACT:
Mr. Everett L. McKisson, Airspace
Regulations Branch (AAT-230), Airspace and Air Traffic Rules Division, Air Traffic Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591, telephone 202-426-3715.
SUPPLEMENTARY INFORMATION: FR Doc. 78-20814 was published on July 27, 1978 (43 FR 32438) and proposed among other things the realine- ment of V-220 and jet route No. 56. The numbers describing the Denver 085° radial and the Hayden 098° radial in items 11 and 20 under the heading of “The Proposed Amendment” were inadvertently transposed. They should be Denver 058° and Hayden 089°. Therefore, action is taken herein to correct these errors.
D r a f t in g I n f o r m a t io n
The principal authors of this document are Mr. Everett L. McKisson, Air Traffic Service, and Mr. Richard W. Danforth, Office of the Chief Counsel.
T h e P r o p o s e d A m e n d m e n t
Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration, FR Doc. 78- 20814 as published in the F ed er a l R egis t e r on July 27, 1978, starting on page 32438 is amended in the right hand column of page 32439 under item 11 by deleting “Denver 085°” and substituting “Denver 058°” . therefor; also, under item 20 by deleting “Hayden 098°” and substituting "Hayden 089°” therefor.(Secs. 307(a), 313(a), Federal Aviation Act of 1958 (49 U.S.C. 1348(a) and 1354(a)); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)); and 14 CFR 11.65.) "
Issued in Washington, D.C., on August 9,1978.
B . K e it h P o t t s , Acting Chief, Airspace and
Air Traffic Rules Division. [FR Doc. 78-22814 Filed 8-16-78; 8:45 am]
[6740-02]DEPARTMENT OF ENERGY
Federal Energy R egulatory Commission
[1 8 CFR Parts 2 and 157]
[Docket No. RM78-7]NATURAL GAS FROM CERTIFICATE
REQUIREMENTS
Proposed Exemptions fo r Tem porary Sale, D elivery , or Transportation A rrangem ents
AGENCY: Federal Energy Regulatory Commission.ACTION: Notice of proposed rulemaking.SUMMARY: The Federal Energy Regulatory Commission proposes that
FEDERAL REGISTER, V O L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36472 PROPOSED RULES
§§ 2.68, 157.22 and 157.29 of Title 18, Code of Federal Regulations be revoked and replaced by new §§ 157.45 through 157.52. Review of the existing emergency purchase exemptions indicates the present provisions should be modified. The proposed regulations consolidate and modify the existing regulations and defines the circumstances under which exempted emergency natural gas supplies can be bought, sold, and transported in interstate commerce.DATES: Comments must be received on or before September 13,1978.ADDRESS: Interested persons may participate in this proposed rulemaking by submitting written data, views or arguments to the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426.FOR FURTHER INFORMATION CONTACT:
Teresa Ponder, Office of GeneralCounsel, Federal Energy RegulatoryCommission, 825 North CapitolStreet NE., Washington, D.C. 20426,202-275-4284.
SUPPLEMENTARY INFORMATION: B a c k g r o u n d
The Commission is reevaluating and proposing to revise the emergency purchase provisions of its regulations taking cognizance of the narrow construction given the exemption provision of section 7 of the Natural Gas Act (15 U.S.C. 717f) under which the present 60-day programs were instituted) in Consumers Federation of America v. F.P.C., 515 F.2d 347 (D.C. Cir. 1975), and the frequent use of the emergency provisions. On April 7, 1978, the Commission requested discussion and comments from the public regarding the following subjects: The criteria to be used in determining the existence of an emergency; the types of consumers to whom emergency supplies should be made available; the proper relationship of emergency supplies in regard to system supply; the need for price guidelines and what they should be; the proper method of recovering the costs of emergency supplies; the effects of emergency purchases on the price of intrastate supplies and on the ability of the interstate market to attract new onshore reserves; the proper role of limited- term certificates in alleviating emergencies; and the legal limitations on certification exemptions. The comments submitted, as summarized below, expressed divergent opinions on each point.
S u m m a r y o p t h e C o m m e n t s
Many of the comments questioned the necessity of changing the emer
gency provisions since natural gas which would otherwise be unavailable to the interstate market could be acquired for critical needs during supply shortages if the present regulatory scheme is maintained.
C r it e r ia f o r D e t e r m in in g a n E m e r g e n c y
While no consensus was reached, many of the comments indicated that the existence of an emergency should be determined by focusing on the actual needs at the end-use level rather than at the level of pipeline curtailment, except in the case of severe curtailments and force majeure situations. On the other hand, as many comments indicated, such a focus might impede the current effectiveness of the emergency programs. Comments also expressed concern that end-use requirements might cause administrative problems since end-use criteria would be hard to evaluate at the time of an emergency and not provide sufficient flexibility for the pipelines.
Q u a l if ie d P u r c h a s e r s
Although most of the comments agreed that emergency gas should be limited to high priority users, many expressed the opinion that the suggested limitations were too restrictive and that certain additional industrial users should be allowed to obtain emergency gas. The class of excluded users which expressed the most concern were consumers with alternate fuel facilities, because occasionally, alternate fuels are not available when there is a natural gas emergency. These consumers stated that unless they are allowed to purchase emergency supplies when alternate fuels are unavailable, the emergency regulations might provide a disincentive to install alternate fuel facilities.
Most comments emphasized a critical need for allowing pipelines to store emergency supplies. It was argued that although. excessive emergency purchases should be avoided, pipelines and distributors should not be discouraged from attempting to forecast and obtain the necessary supplies for winter requirements by disallowing the recovery of the costs incurred in the purchase of excess emergency supplies.
T h e P r o p e r R ole o f P i p e l i n e a n d D i s t r ib u t o r s
Comments suggested that pipelines should usually act as a broker or agent, purchasing emergency gas for particular purchasers. Pipelines should purchase emergency gas for system supply only to meet a force majeure situation or a severe curtailment, or to fill summer storage. In all other situations, the gas should be
specifically assigned to the designated purchaser. Many of the comments, however, indicated that specific assignment of emergency natural gas might present an impossible administrative task for pipelines and distributors. Several comments suggested that the distributors and direct industrial consumers should be able to contract for and store their own emergency supplies.
P r ic e G u id e l in e s
Many commentators opposed the promulgation of price guidelines because emergency situations may require extraordinary measures, including high prices, to guarantee the gas will be immediately available. It was suggested that should price guidelines be established, they would be workable only if they (1) provide some assurance that pipelines will be able to recover the cost of emergency supplies, (2) are flexible, creating a zone of reasonableness, and (3) allow market forces to operate. With regard to the price of the gas, the comments emphasized the need to allow recovery of all costs. The guideline most often suggested was a zone approximating the prevailing intrastate prices.
Transportation guidelines were suggested which allowed recovery of all costs of gathering and transporting the gas. Generally, it was assumed that the price of transporting emergency gas would be no higher than the cost of transporting nonemergency gas supplies, but that any exceptional expenses should be recovered. The prevalent concern was that restrictive price guidelines would deter emergency sales.
M e t h o d o f R e c o v e r in g C o s t s
The comments were divided as to whether or not the costs of emergency supplies should be rolled-in with other costs of purchased gas and recovered through the PGA accounts. Most interstate pipelines argued that the costs should be flowed through the PGA accounts because, when emergency supplies flow, benefit accrues to all customers on the line, and it would be discriminatory to require certain customers to bear the entire burden of the cost of the emergency gas. Comments which argued against rolling in the costs through the PGA accounts cited the fact that permitting rolled-in costs disguises the high price of emergency supplies, encourages increased use of emergency gas and forces high priority users, who do not usually have to resort to emergency gas, to subsidize its use by lower priority users.
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
M a r k e t E f f e c t s o f E m e r g e n c y P u r c h a s e s
Most parties who addressed the subject of market effects stated that emergency gas purchases would have a minimal effect on intrastate gas prices or on availability of new gas supplies to the interstate market. Some commentators believed that many reserves dedicated to the intrastate market are simply not available to the interstate market. Producers suggested that emergency gas programs, in fact, encourage dedications to the interstate market because they allow the producer to tap wells immediately while applications for certification are pending.
L im it e d -T e r m C e r t if ic a t io n s
Most comments indicated that the Commission should encourage the limited-term procedure. It is generally believed by commentators, however, that a limited-term certificate program cannot take the place of emergency gas purchases and should only be used to augment emergency supplies.
Several comments supported the requirement that limited-term certificates be granted only for gas otherwise unavailable to the interstate market, but added that such a requirement should not be interpreted to mean that the producers must have an intrastate contract in hand. In the past, such an interpretation has discouraged the seeking of limited-term certificates because by the time the seller has an intrastate contract, he does not need to sell the gas in the interstate market.
Limited-term certification raises the issue of whether or not gatherers arid intrastate pipelines should be given these certificates, and if so, whether their uncertified suppliers should also be required to seek certification. It was generally agreed in the comments that the extension of the Commission’s jurisdiction over the producers of these supplies would reduce the available supplies because producers as a rule might seek to avoid Federal jurisdiction to the point of refusing to make sales that would subject them to jurisdiction.
L egal B o u n d a r ie s o f E m e r g e n c y E x e m p t io n s
Most parties feel that the present program meets the legal requirements established by the Natural Gas Act and the courts.
Most parties who addressed the issue stated that for the purposes of emergency purchases, the Commission can legally continue to regulate nonjuris- dictional producers’ rates indirectly: Provided, That rates meet the standards of section 4 of the Natural Gas Act. Most comments suggested that in
PROPOSED RULES
“Consumer’s Federation of America v. F.P.C.”, 515 F. 2d 347 (D.C. Cir. 1975), the Court of Appeals criticized the Commision’s method of indirect regulation, but did not rule that indirect regulation was invalid per se. Rather, it required that more specific guidelines be established by the Commission in this regard.
M is c e l l a n e o u s
There is substantial disagreement over whether or not take-or-pay provisions should be allowed. Some comments argued that take-or-pay provisions drive up the price of emergency gas, while others believe that the price of gas would significantly increase if take-or-pay provisions were barred.
D e t e r m in a t io n o f t h e C o m m is s io n
The Commission has determined that, except in the case of a pipeline emergency, it is appropriate to define emergency by focusing on the needs of ultimate end-users, not on a pipeline’s level of curtailment. Experience developed over the years, with respect to ultimate end-use effects of a pipeline’s level of curtailment at the wholesale level, demonstrate that little or no correlation exists between curtailment and the needs of ultimate end-users. Because pipeline curtailment is not an adequate indication of an emergency situation, imminent or reasonably anticipated curtailments of end-user supplies will be proposed as the criteria for determining the existence of an emergency.
Section 1(b) of the Natural Gas Act extends the authority of the Commission:* * * to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transporatation or sale, but * * * not* * * to any other transportation or sale of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas.Because the emergency transactions which the Commission is proposing to exempt would otherwise require a certificate of public convenience and necessity, the Commission may specify the conditions and circumstances under which a given emergency transaction will be exempt. These conditions and circumstances may properly be related to the activities of buyers, sellers, or transporters under the emergency tranactions, in a manner consistent with the Commission’s jurisdiction.
Broad authority in a similar situation has been exercised by thë Commission in the FPC Order No. 533 program which was recently reviewed and continued with modifications by
36473*FERC Order No. 2. FPC Order No. 533 was recently affirmed by the District of Columbia Circuit Court of Appeals.1 The Commission may also base a pipeline’s curtailment plan upon end-use principles.2
The Commission’s jurisdiction does not extend to the services performed by a local distribution company or to the methods of accounting for emergency supplies or to the recovery of the costs of emergency supplies by a distributor. The Commission may, however, determine that a distribution company qualifies to enter into emergency transactions only when certain customers are threatened with curtailment under that distribution company’s curtailment plan. It is also permissible for the Commission to specify that pipelines, under most circumstances, should directly assign their gas purchases, and related costs, to their customers which require emergency supplies.
The proposed rule incorporates these and similar concepts for several reasons. Allowing pipelines to obtain emergency natural gas for system supply, except in special circumstances, may encourage purchases of emergency supplies in excess of actual emergency needs. When the cost of emergency supplies is included with the cost of pipeline system supplies, the burden of paying for this gas is spread among all the pipeline’s customers even though only certain customers may require or benefit from these ' emergency supplies. On the other hand, if a pipeline’s direct sale and distribution company customers are directly assigned the costs of the gas, responses to emergency situations will be properly circumscribed and the beneficiaries of these transactions will pay the full cost thereof.
The existence of a natural gas emergency usually requires immediate purchase and delivery of emergency supplies. The purchaser must compete for intrastate gas otherwise unavailable to the interstate market, and the purchaser usually pays intrastate rates to obtain it. Since there must be an extraordinary need for the gas, the Commission has determined that as long as the emergency transaction complies with this proposed rule, it will be deemed to be in the public interest.
With respect to the Commission’s evaluation of the proposed rule and comment thereon, the Commission intends to make use of the data filed in current pipeline curtailment omnibus proceedings. Such use is appropriate and permissible in this informal rule- making proceeding, in light of the in-
1 “American Public Gas Association et al. v. FERC,” D.C. Cir. No. 75-2105, Decided May 10, 1978.
2 “State of North Carolina v. FERC,” D.C. Cir. No. 76-2102, Decided July 13,1978.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36474 PROPOSED RULES
tended purpose of the omnibus proceedings to gather data and information for the benefit of the Commission.
It is the Commission’s intent that these regulations be self-executing. They will permit interstate pipelines and their customers to promptly react to emergency situations as they develop without seeking prior Commission approval of emergency transactions conducted in accordance with this subpart.
S u m m a r y o f t h e A m e n d m e n t s
The Federal Energy Regulatory Commission (Commission) proposes that §§2.68, 157.22, and 157.29 be revoked and replaced by §§ 157.45 through 157.52. Section 2.68 authorizes distribution companies not under Commission jurisdiction, as well as intrastate pipelines, to make sales and deliveries of natural gas in interstate commerce to distribution companies and interstate pipelines in need of temporary emergency gas supplies for 60 days. Section 157.22 authorizes the construction and operation of facilities and the sale of natural gas without a certificate where the sale is necessary to assure maintenance of adequate natural gas service. Section 157.29 authorizes independent producers, under certain conditions, to sell and transport natural gas to interstate pipelines for a 60-day period without a certificate. Under all three sections, an emergency exists when the pipeline is forced to curtail its services. Also, a pipeline has the option of treating the emergency natural gas as system supply and recovering its costs through purchased gas adjustment (PGA) accounts.
As proposed, the new regulation would eliminate these three exemptions and replace them with a single regulation.O u t l in e o f M a jo r F e a t u r e s o f P r o
p o se d 6 0 -D a y E m er g e n c y R e g u la t io n
Section 157.45—Purpose. The construction and operation of facilities or the sale or transportation of emergency gas would be exempted from certificate requirements of the Natural Gas Act under certain conditions. It would be the policy of the Commission to monitor emergency natural gas transactions. The Commission proposes to accord a rebuttable presumption of prudence to transactions conducted in accordance with this subpart.
Section 157.46—Definitions. A pipeline emergency would be defined as a sudden unanticipated loss of supply or a situation where immediate action is required for protection of life, health, or property. The term “pipeline emergency” would be adopted rather than “force majeure.” “Emergency” would
mean a pipeline emergency or a situation where actual curtailment of natural gas service is imminent or reasonably anticipated to occur to any of the following end-users:
(1) Any residential Consumer;(2) Any commercial or industrial
consumer whose average daily requirements are less than 300 Mcf per day;
(3) Any industrial consumers for feedstock, process, or plant protection uses; and
(4) Any commercial or industrial consumer other than an electric utility:
(i) Whose requirements exceed 300 Mcf per day;
(ii) Which does not have installed alternate fuel facilities or which does not have alternate fuel immediately available;
(iii) Whose operations would be substantially impaired without additional gas supplies.If imminent or reasonably anticipated curtailment of an end-user electric utility presents a danger to life, health, or maintenance of physical property, the electric utility would qualify for relief from its pipeline supplier under the terms of § 154.46(a). However, when the curtailment would not result in such a danger to life, health, or maintenance of physical property, the electric utility would be required to receive prior Commission approval before participating in the emergency program.
“Qualified sellers” would include producers, intrastate pipelines, interstate pipelines, and distribution companies. “Qualified purchasers” would include distribution companies and interstate pipelines.
Section 157.47—Exemptions from certificate requirements. Qualified sellers and transporters of emergency natural gas are exempted from the certificate requirements of the Natural Gas Act, when the emergency transactions are conducted in accordance with the provisions of this subpart.
Section 157.48— Terms and conditions of emergency purchases—General conditions. The proposed § 157.48 would permit distribution companies and interstate pipelines to purchase emergency natural gas, but require them to make every reasonable attempt to conduct their operations in such manner as to minimize or avoid reliance upon emergency supplies. Flexibility would be accorded purchasers to account for colder-than-normal winter weather while forecasting natural gas supplies and needs for the winter.
Distribution companies and direct sale customers would be required to verify to the pipeline that an emergency exists.
The proposal provides that the Commission could take appropriate action to insure compliance with the conditions of this subpart. Among other remedies available to the Commission, it could, after notice and opportunity for hearing, declare any person found to have engaged in emergency transactions in violation of this subpart to be ineligible to participate in further emergency transactions without prior Commission approval. Producers who use this subpart to circumvent the certificate requirements of section 7 of the Natural Gas Act, among other remedies, could be declared ineligible.
Duration. Emergency transactions would continue to be limited to a period of not more than 60 consecutive calendar days, except where the Commission determines that there is a natural gas emergency which is national or regional in scope, or for an additional period of not more than 60 days, where a seller, other than a producer, has requested a waiver and the Commission has not issued an order denying the waiver for the additional 60 days. A producer could not continue to sell emergency natural gas from a well beyond the initial 60-day period unless the producer had filed an application for a permanent or temporary certificate and sold the gas, after the initial 60-day period, at the applicable national or area rate ceiling.
System supply and direct assignment of supplies. The proposal provides that interstate pipelines could purchase emergency natural gas for general system supply only when a pipeline emergency exists or for summer storage injection. Interstate pipelines could purchase emergency natural gas and directly assign volumes and costs associated with such gas, including transportation costs, to its direct sale customers and resale distribution companies faced with an emergency, if requested by the customers. Interstate pipelines could also act as agent or broker in acquiring and transporting emergency natural gas for distribution companies. In the event this régulation is adopted, pipelines which engage in emergency transactions will be expected to file tariff changes, if necessary, so that the cost of emergency supplies may be allocated to specific pipeline customers.
Emergency purchases for summer storage injections. Emergency natural gas supplies could be purchased for summer storage injection when the scheduled injections could not be made from nonemergency natural gas supplies without creating an emergency during the injection period.
Section 157.49—Price Ceilings for Emergency Transactions—Transpora- tation prices. Generally, interstate pipelines would determine a transportation charge based upon the trans-
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PROPOSED RULES 36475mission costs included in the pipeline’s effective sales rates. The revenues received for the transportation and other services would be credited to the deferred account and flowed back to the pipeline’s customers except for a small nominal charge of 2 cents per Mcf which may be retained by the pipeline. The 2 cents per Mcf allowance is not intended to apply to any other jurisdictional transaction.
Natural gas prices. Except for production from the Federal offshore domain, sales of emergency natural gas by producers could be made at a rate no higher than the national or area rate ceiling plus allowable adjustment, or at a rate not in excess of the rate for current intrastate producer’s sales of comparable location and contract vintage as reported in FPC form 45, to create a rebuttable presumption of prudence. In addition, the purchaser must seek and obtain that supply of gas which results in the lowest total cost by inquiring of at least three qualified sellers as to the cost and availability of gas from such sellers.
Sales of emergency natural gas by intrastate pipelines and distributors should be made at the lesser of (1) the weighted average systemwide cost of gas supplies plus a normal charge for gathering and transportation to the point of. delivery or (2) the lowest offer obtained after inquiring of at least three qualified sellers. A rebuttable presumption of prudence will also attach to a sale made at a cost in excess of the weighted average system- wide cost of gas if the requisite three inquiries are made and if the seller can show that it will actually incur the claimed higher cost of gas in acquiring and delivering the emergency supplies.
The proposal provides that compliance with the price guidelines would create a rebuttable presumption of prudence. Failure to comply with the guidelines would place on the purchaser the burden of demonstrating prudence. If the lowest price offered by qualified producers did not fall within the published FPC form 45 data, the rebuttable presumption of prudence would not be created. The presumption of prudence would be rebutted upon a showing that the purchaser’s efforts to comply with these requirements did not actually constitute a good faith effort to obtain the emergency supplies at the lowest available cost.
Section 157.SO—Reporting requirements for emergency tranactions. The proposed regulations require that within 48 hours after commencement of deliveries, the interstate pipeline should report by telegram to the Commission the nature of the emergency and other relevant aspects of the emergency transaction. Interstate pipelines which transport emergency
supplies would file reports with the Commission every calendar quarter.
Section 157.51—Waiver of requirements for emergency transactions. The Commission would be able to waive the requirements of this subpart.
Section 157.52—Drilling or testing and purging new natural gas pipeline facilities. This proposed section provides that gas service for the drilling of new oil or gas wells, or for testing and purging of a new natural gas pipeline facility, would be exempted from certificate requirements.
P u b l ic C o m m e n t P r o c e d u r e s
Interested persons may particpate in this proposed rulemaking by submitting written data, views, or arguments to the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, on or before September 13, 1978. Eachperson submitting a comment should include his name and address, identify the notice (Docket RM78-7), and give reasons for any recommendations. An original and 14 conformed copies should be filed with the Secretary of the Commission. Comments should indicate the name, title, mailing address, and telephone number of one person to whom communications concerning the proposal may be addressed. Written comments shall be placed in the Commission’s public files and will be available for public inspection at the Commission’s Office of Public Information, Room 1000, 825 North Capitol Street NE., Washington, D.C. 20426, during regular business hours.(Natural Gas Act, as amended (15 U.S.C. 717), Department of Energy Organization Act, Pub. L. 95-91, E.O. 12009, 42 FR 46267)
In consideration of the foregoing, it is proposed to amend Parts 2 and 157, Chapter I of Title 18, the Code of Federal Regulations, as set forth below.
By direction of the Commission.Lois D. C a s h e l l ,
Acting Secretary.§2.68 [Deieted]
1. Part 2 is amended by deleting § 2.68 in its entirety.§§ 157.22 and 157.29 [Deleted]
2. Part 157 is amended by deleting §§ 157.22 and 157.29 in their entirety and by adding new subparts C (§§157.45 through 157.51) and D (§ 157.52), to read as follows:Subpart C—Exemption of Emergency Sale, Delivery,
or Transportation Arrangements for Natural Gas From Certificate Requirements
Sec.157.45 Purpose.157.46 Definitions.157.47 Exemptions from certificate re
quirements.
Sec.157.48 Terms and conditions of emergency
transactions.157.49 Price ceilings for emergency trans
actions.157.50 Reporting requirements for emer
gency transactions.157.51 Waiver of requirements for emer
gency transactions.A uthority: Natural Gas Act, as amended
(15 U.S.C. 717), Department of Energy Organization Act, Pub. L. 95-91, E.O. 12009, 42FR 46267.Subpart C— Exemption o f Emergency Sale, De
live ry , or Transportation A rrangem ents fo rN atu ra l Gas From C ertificate Requirements.
§ 157.45 Purpose.(a) The purpose of this subpart is to
prescribe the conditions under which certain emergency transactions involving the construction and operation of facilities or the sale, transportation and delivery of natural gas in interstate commerce are exempt from the requirements of section 7 of the Natural Gas Act.
(b) It shall be the policy of the Commission to monitor emergency natural gas transactions to the extent necessary to assure compliance with the requirements of this subpart.
(c) It shall be the policy of the Commission to accord a rebuttable presumption of prudence to emergency natural gas transactions conducted in accordance with this subpart, and, unless such presumption is successfully rebutted in subsequent rate proceeding, to permit companies subject to the jurisdiction of the Commission to recover those costs incurred in accordance with this subpart.§ 157.46 Definitions.
For purposes of this subpart:(a) “Pipeline emergency” means (1)
a sudden unanticipated loss of gas supply or (2) a situation where the pipeline purchaser, in good faith, determines that immediate action is required or is reasonably anticipated to be required for protection of life or health or for maintenance of physical property.
(b) “Emergency” means a pipeline emergency or a situation where actual curtailment of natural gas service is imminent or reasonably anticipated to occur to any of the following end- users:
(1) Any residential consumer;(2) Any commercial or industrial
consumer whose average daily requirements in a peak month are less than 300 Mcf per day;
(3) Any industrial consumer for feedstock, process, or plant protection use; or
(4) Any commençai or industrial consumer other than an electric utility:
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36476
(1) Whose average daily requirements in a peak month exceed 300 Mcf per day,
(ii) Which does not have alternate fuel facilities or which does not have alternate fuels immediately available, and,
(iii) Whose operations would be substantially impaired without emergency natural gas supplies.
(c) “Qualified seller" means any producer, intrastate pipeline, interstate pipeline, or distribution company.
(d) “Qualified purchaser” means a distribution company or interstate pipeline.
(e) “Interstate pipeline” .means any natural gas company as defined in section 2(6) of the Natural Gas Act which is engaged in the transportation by pipeline of natural gas.
(f) “Distribution company” means any person (or governmental entity) which receives patural gas for local distribution and resale to natural gas users.
(g) “Intrastate pipeline” means any person (other than an interstate pipeline) engaged in the transportation by pipeline of natural gas.
(h) “Emergency natural gas” means natural gas transported or sold to alleviate an emergency in accordance with this subpart.§ 157.47 Exemptions from certifícate re
quirements.(a) Any qualified seller or other
person engaged in the transportation or sale of emergency natural gas, or in the construction and operation of facilities for the sale or transportation of emergency natural gas, is exempt from the requirements of section 7 of the Natural Gas Act, to the extent that (1) such sale or transportation of emergency natural gas or such construction or operation of facilities is necessary to alleviate an emergency and (2) such sale, transportation, construction or operation is conducted in accordance with the provisions of this subpart.
(b) Participation in any transaction described in paragraph (a) of this section shall not subject any person to the jurisdiction of the Commission under the Natural Gas Act except to the extent provided in this subpart.§ 157.48 Terms and conditions of emergen
cy purchases.(a) General conditions. (1) Qualified
purchasers may purchase emergency natural gas in accordance with the provisions of this subpart but should make every reasonable attempt to conduct their operations in such a manner as to minimize or, if possible, to avoid continuing reliance upon emergency natural gas supplies.
(2) In applying the definition of emergency, flexibility will be accorded
PROPOSED RULES
interstate pipelines and distribution companies to account for colder than normal winter weather and to accomodate operations under effective curtailment plans. A reasonable relationship should exist between volumes purchased under this subpart and the volumes which are anticipated to be needed during the emergency.
(3) When a distribution company purchases, or a direct sale customer or distribution company requests assignment of emergency natural gas, a responsible official of such distribution company or direct sale customer shall advise the interstate pipeline which will make the deliveries, before commencement of the deliveries, that the emergency exists or is imminent and shall provide such pipeline with such imformation as m ay, be required within sufficient time to enable the pipeline to make the reports required in § 157.50.
(4) After notice and opportunity for a hearing, the Commission may take appropriate action to insure compliance with this subpart. Upon a determination by the Commission that a person has engaged in emergency transactions and has failed to comply with the conditions of this subpart, the Commission may, in addition to any other remedies, declare such person ineligible to engage in further emergency natural gas transactions without prior Commission approval.
(b) Duration.Emergency transactions under this
subpart shall be limited to a period of not more than 60 consecutive calendar days, except in the following cases:
(1) In the event that the Commission determines that there is a natural gas emergency which is national or regional in scope, emergency transactions may continue for such period as the Commission may by order prescribe.
(2) Except for sales by producers, emergency transactions under this subpart may be continued for an additional period of not more than 60 consecutive days where (i) 15 days prior to the end of the initial 60-day period, the qualified purchaser files a petition requesting a waiver so as to permit one additional 60-day period of exemption, describing fully the continued emergency situation, and (ii) the Commission does not, within the 15-day period, by order, prohibit continuation of the emergency transactions for such additional period.
(3) A producer may not continue to sell emergency natural gas from a well beyond the initial 60-day period unless the producer has filed an application for a permanent or temporary certificate to continue such sales within 45 days after commencement of the emergency natural gas deliveries under this subpart. Any deliveries
made after the initial 60-day period shall be made at or below the applicable national or area rate ceiling, and may continue at such rates until the Commission acts on the application for the certificate.
(4) No cost associated with facilities installed by interstate pipelines in connection with emergency transactions shall be included in the pipeline’s jurisdictional rates unless a certificate of public convenience and necessity has been issued authorizing such facilities.
(c) System supply and direct assignment of supplies. (1) Interstate pipelines may purchase emergency natural gas for general system supply for a pipeline emergency, or for summer storage injection, pursuant to paragraph (d) of this section.
(2)(i) Interstate pipelines may purchase emergency natural gas and directly assign volumes and costs associated with such gas, including transportation costs, to its direct sale and distribution company customers faced with an emergency, if the customer or company complies with paragraph (a)(3) of this section.
(ii) An interstate pipeline, at its discretion, may choose to establish a separate account to cover the cost of all assigned emergency purchases and allocate costs in that account to the individual assignment customers on a weighted average cost basis. If an interstate pipeline purchases emergency gas supplies for direct assignment in quantities greater than related emergency requirements, then the balance may be used for general system supply. It is expected that such excess emergency natural gas volumes will be small and that pipelines will make every reasonable attempt to balance assignments with supplies. Interstate pipelines may also act as brokers or agents in acquiring and transporting emergency natural gas for distribution companies faced with an emergency and shall cooperate with these companies in arranging for such acquisition and transportation.
(d) Emergency purchases for summer storage injections. (1) Emergency natural gas supplies may be purchased for summer storage injection when:
(1) It is reasonably anticipated that failure to make natural gas injections would result in unfulfilled scheduled storage inventories at the beginning of the winter, and,
(ii) The pipeline, in good faith, determines that projected nonemergency natural gas supplies are not adequate to meet scheduled storage injections without creating an emergency during the injection period.
(2) The quantities of emergency supplies purchased to fill storage shall bear a reasonable relationship to the quantities otherwise needed to meet storage injections and to avoid an
FEDERAL REGISTER, VO L . 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36477emergencyseason.
during the injection
§157.49 Price ceilings for emergencytransactions.
(a) Transportation prices. (1) Interstate pipelines rendering transportation services under this subpart shall determine transportation charges as follows:
(1) In the event a pipeline has on file an effective transportation rate schedule applicable to transactions under this subpart, the pipeline will employ the rate(s) contained therein.
(ii) If an interstate pipeline does not have a transportation rate schedule applicable to transportation services rendered under this subpart, then it shall determine transportation charges applicable to such services as follows:
(A) Such charges shall be based upon the transmission costs then included in the pipeline’s effective sales rates.
(B) In calculating such charges, the pipeline shall employ the methodology used in designing rates to recover the transportation component included in its then effective sales tariffs; except where the pipeline has on file an effective transportation schedule applicable to certified transportation service in which case the transportation charge shall be designed consistent with the methodology employed under that rate schedule.
(iii) The» revenues received for the transportation and any other services, including all brokerage fees, in excess of 2 cents per Mcf shall be credited to a deferred account and flowed back to the pipeline’s customers, except where the pipeline can demonstrate that its out-of-pocket costs actually exceed 2 cents per Mcf or that the level of its effective base tariff rates is predicated upon (A) billing units which include specific volumes of emergency gas purchased or anticipated to be purchased by the pipeline or (B) revenues received for the transportation of emergency gas volumes which were credited to the test-year cost of service. Thus, pipelines shall be required to flow through all revenues from emergency transactions in excess of 2 cents per Mcf which are not reflected in the level of the pipeline’s effective base tariff rates. Volumes for compressor station fuel and lost and unaccounted for gas shall be provided by the party for whom the transportation is rendered.
(2) Intrastate pipelines rendering transportation service under this subpart shall determine transportation charges in a manner consistent with both the cost and methodology for calculating transportation charges to the customers of that pipeline.
(b) Natural gas prices. (1) Except for production form the offshore Federal domain, sales of emergency natural gas by producers shall be accorded a rebuttable presumption of prudence if made in accordance with subparagraph (4) of this paragraph, and if made at a rate no higher than the applicable national rate plus allowable adjustment, or at a rate not in excess of the rate for intrastate producer sales of comparable location and contract vintage as reported in the most current summary report of FPC Form 45 data publicly available at the time the parties entered into the transaction. In no event shall sales by producers pursuant to this subpart from the offshore Federal domain be made at rates in excess of the applicable national rate.
(2) Sales of emergency natural gas by intrastate pipelines or distribution companies shall be accorded a rebuttable presumption of prudence if made in accordance with subparagraph (4) of this paragraph, and if made at its weighted average systemwide cost of gas supplies plus a charge for gathering and transportation to the point of delivery. The gathering and transportation charge should reflect and be consistent with both the cost and methodology for calculating transportation costs to the customers of the distribution companies or pipeline. A rebuttable presumption of prudence will also be accorded to a sale made in accordance with subparagraph (4) of this paragraph, when the sale is made under a pricing method using a cost of gas in excess of the weighted average systemwide of gas if the seller provides a written statement, under oath, verifying the fact that it will actually incur the claimed higher cost of gas in acquiring or delivering the gas which constitutes the emergency supplies.
(3) Sales by interstate pipelines shall be made at rates prescribed in their tariffs.
(4) Prior to entering into any emergency purchases, the qualified purchaser shall diligently seek and obtain that supply of gas which results in the lowest total cost by inquiring of no fewer than three qualified sellers as to the cost and availability of gas from such sellers.§ 157.50 Reporting requirements for emer
gency transactions.(a) Within 48 hours after commence
ment of deliveries of emergency natural gas, the interstate pipeline shall notify the Commission by telegram of the sale, stating the specific nature and duration of the emergency (specifically noting whether the purchase is to be added to system supply for a pipeline emergency or for summer storage); the amount of emergency natural gas to be purchased, on a daily
basis, the name of the seller, transporter, and any person to whom the emergency natural gas is to be assigned; and the price.
(b) For any period during which an interstate pipeline engages in any transaction for emergency natural gas, the interstate pipeline shall file with the Commission, within 30 days after the end of the calendar quarter, whether the transactions are completed or in progress, a sworn statement and four conformed copies thereof, which shall include the following information:
(1) Identification of each emergency transaction completed or in progress;
(2) The volumes of each emergency natural gas delivered during the quarter under each transaction;
(3) The total moneys received or other compensation received by each seller for each emergency sale during the quarter;
(4) The total amount of moneys received or other compensation received by each transporter for each emergency sale delivered during the quarter;
(5) The charges and the methods by which each transporter’s compensation was dërived;
(6) Information relied on to determine eligibility for each purchase;
(7) The volumes of emergency natural gas included in system supply for pipeline emergencies, and the volumes of natural gas included in system supply during summer storage; and
(8) A statement from a responsible company official attesting that the activities of the interstate pipeline carried out in accordance with the requirements of this subpart and to the best of its knowledge, an emergency did exist or was reasonably anticipated, and (a) a sworn statement from a responsbile company official of each purchasing distribution company or each direct sale customer or distribution company which requested the assignment of emergency supplies describing the emergency circumstances as required by § 157.48(a)(3).§ 157.51 Waiver of requirements for erne-
gency transactions.The Commission may by order waive
the requirements of this subpart in connection with any emergency transaction to the extent required by the public interest.Subpart D— Exemption o f N atrua l Gas Service
fo r Drilling, Testing, or Purging From C ertificate Requirements
§157.52 Drilling of gas or oil wells and testing or purging of new natural gas pipeline facilities.
(a) Construction and operation of facilities necessary to render direct natural gas service for use in the drilling of gas or oil wells or for the use in the
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
36478 PROPOSED RULES
testing and purging of new natural gas pipeline facilities are exempted from the certificate requirements of section 7(c) of the Natural Gas Act, when the construction and operation of such facilities are conducted in accordance with paragraph (b) of this section.
(b) Operations undertaken to render direct natural gas service shall be terminated upon the completion of the well or the purging or testing of the pipeline facilities. Persons undertaking any construction or operation of facilities or service under this section shall file an original and two copies of an annual statement, by February 1 of each year, describing their activities hereunder.
[FR Doc. 78-23098 Filed 8-16-78; 8:45 am]
[4110-07]DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
Social Security Adm inistration
H ealth Care Financing Adm inistration
[2 0 CFR Part 4 16 ]
[4 2 CFR Part 450]
[4 5 CFR Part 205 ]
SUPPLEMENTAL SECURITY INCOM E FOR THE AGED, BLIND, A N D DISABLED A N D MEDICAL ASSISTANCE PROGRAM
A id to Families w ith D ependent Children; Fiscal Disallowance fo r Erroneous Payments; Extension o f Comment Period
AGENCY: Social Security Administration (SSÂ), HEW; Health Care Financing Administation (HCFA), HEW.ACTION: Extension of comment period.SUMMARY: This Notice extends the period for comments to the Notice of Proposed Rulemaking, published in the F ederal R e g is t e r on July 7, 1978 (43 FR 29311). The Notice of Proposed Rulemaking (NPRM) concerned the reduction of Federal financial participation (FFP) when States make erroneous expenditures with respect to the Medicaid and Aid to Families With Dependent Children (AFDC) programs. The NPRM also contained provisions governing Federal fiscal liability (FFL) for erroneous expenditures of State supplements in the Supplemental Security Income (SSI) program.
Several persons have requested an extension of time for submitting comments on these proposed rules. These persons believe that a 45-day comment period is inadequate in view of the importance of these proposed rules.
The Department of Health, Education, and Welfare has decided to extend the comment period an additional 15 days, as shown below.
DATES: Comments must be received on or before September 5,1978.ADDRESSES: Send your written comments on the AFDC and SSI provisions to: Social Security Adminstra- tion, Department of Health, Education, and Welfare, P.O. Box 1585, Baltimore, Md. 21203. Copies of all comments which the Social Security Administration receives can be seen at the Washington Inquiries Section, Office of Information, Social Security Administration, Department of Health, Education, and Welfare, North Building, Room 5131, 330 Independence Avenue SW., Washington, D.C. 20201. Send your written comments on the medicaid provisions to: Administrator, Health Care Financing Administration, Department of Health, Education, and Welfare, P.O. Box 2366, Washington, D.C. 20013. please refer to MMB-242-P. Agencies and organizations are asked to submit comments in duplicate. The public may review the comments on Monday through Friday of each week from 8:30 a.m. to 5 p.m. at the Department’s offices at 330 C Street SW., Room 5231, Washington, D.C., telephone 202-245-0950.FOR FURTHER INFORMATION CONTACT:
For AFDC—John X. Bowes, Division of Quality Control Management, 202-245-0688. For SSI—William J. McCarthy, Division of Standards and Operating Policies, 301-594- 4594. For Medicaid—Victor Kuga- jevsky, 202-472-3846.Dated: August 11,1978.
H a l e C h a m p io n , Acting Secretary of Health,
Education, and Welfare. [FR Doc. 78-23100 Filed 8-16-78; 8:45 am]
[4210-01]DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Federal Insurance Adm inistration
[2 4 CFR Part 1917]
[Docket No. FI-4375]N ATIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation D eterm ination for the Borough o f Coraopolis, A llegheny County, Pa.
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 Borough of Coraopolis, Allegheny County, Pa. 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.ADDRESS: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed flood elevations are available for review at the Borough of Coraopolis Secretary’s Office, 1012 5th Street, Coraopolis, Pa. 15108. Send comments to: Mr. Domunique Murgia, President of the Council of Coraopolis, 1012 5th Street, Coraopolis, Pa. 15108.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office o f. Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the Borough of Coraopolis, Allegheny County, Pa., 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.
The proposed base (100-year) flood elevations for selected locations are:
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36479
Elevation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Ohio River......... .... Downstream corporate limit.
717
Upstream corporate limit.
718
Montour Run......... Confluence with Ohio 718River.
Most upstream corporate limits.
718
(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, 43 FR 7719.)
Issued: July 19,1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator.[FR Doc. 78-22792 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4376]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation Determinations fo r Borough o f Dravosburg, A llegh en y County, Pa.
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 Borough of Dravosburg, Allegheny County, Pa. 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.ADDRESS: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed flood elevations are available for review at the Dravosburg Borough Hall, Secretary’s Office, 3d Street, Dravosburg, Pa. 15034. Send comments to: Mr. John Hamilton, President of the Council of Dravosburg, P.O. Box 37, Dravosburg, Pa. 15034.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Ad
ministrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the Borough of Dravosburg, Allegheny County, Pa., 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.
The proposed base (100-year) flood elevations for selected locations are:
Eleyation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Monongahela Upstream corporate 746River. limits.
Downstream corporate limits.
745
(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, 43 FR 7719.)
Issued: July 19, 1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator.[FR Doc. 78-22793 Filed 8-16-78; 8:45 am]
[4210-01] «[2 4 CFR Part 1917]
[Docket No. FI-4377]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation D eterm ination for the Borough o f Glassport, A llegh en y County, Pa.
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 the Borough of Glassport, Allegheny County, Pa. 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 the Glassport Borough Hall, 5th and Mononga- hela Avenue, Glassport, Pa 15045. Send comments to: Mr. Thomas Ur- banski, President of the Council of Glassport, 5th and Monongahela Avenue, Glassport, Pa. 15045.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the the Borough of Glassport, Allegheny County, Pa. 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
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36480 PROPOSED RULES
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:
Source of flooding Location
Elevation in feet,
national geodetic vertical datum
Monongahela Upstream corporate 747River. limits.
Downstream corporate 746limits.
(National Flood Insurance Act of 1968 (Title XIII of 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, 43 FR 7719.)
Issued: July 17,1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator.(FR Doc. 78-22794 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4378]N A TIO N A L FLOOD INSURANCE PROGRAM
Borough o f M ifflin to w n , Juniata County, Pa. fo r the Revision o f Proposed Flood Elevation Determ inations
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 Borough of Mifflintown, Juniata County, Pa. Due to recent engineering analysis, this proposed rule revises the proposed determinations of base (100- year) flood elevations published in the Juniata Sentinal on May 31, 1978, and in the Juniata Sentinal published on June 7, 1978, and hence supersedes those previously published rules.DATES: The period for comment will be ninety (90) 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 Mifflintown Borough Building, Mifflintown, Pa. Send comments to: Hon. Larry Yetter, Mayor of Mifflintown, 26 North 3d Street, Mifflintown, Pa. 17059.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: Proposed base (100-year) flood elevations are listed below for selected locations in the Borough of Mifflintown, Pa., 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 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).
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 their contents.
The proposed base (100-year) flood elevations are:
Elevation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Moist R un......... ..... Front St. (upstream/ downstream).
444
Main St./William Penn Highway (upstream/ downstream).
444
Cross St. (30 ft downstream of bridge).
444
At Cross Street Bridge ... 448Juniata River.... .... Confluence of Moist
Rim.444
Bridge St. (upstream/ downstream).
444
Northern corporate limits—about 1,050 ft upstream of Bridge Street Bridge.
444
(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, 43 FR 7719.)
Issued: July 28, 1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator. [FR Doc. 78-22795 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4379]N ATIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation Determ inations fo r the Borough o f Osborne, A llegh en y County, Pa.
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 Borough of Osborne, Allegheny County, Pa.
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.ADDRESS: Maps and other information showing the detailed outlines of the flood-prone areas and the proposed flood elevations are available for review at the Sewickley Public Library, Board and Thom Streets, Sewickley, Pa. Send comments to: Hon. Thomas A. Standish, Jr., Mayor of Osborne, 1300 Linden Street, Osborne, Pa. 15143.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the Borough of Osborne, Allegheny County, Pa. in accordance with section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93- 234), 87 Stat. 980, which added section
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36481
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. 2001-4128, 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.
The proposed base (100-year) flood elevations for selected locations are:
Elevation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Ohio River............ Downstream corporate 716limits.
Upstream corporate 717limits.
(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, 43 FR 7719.)
Issued: July 17,1978.G l o r ia M . J im e n e z ,
Federal Insurance Administrator.[FR Doc. 78-22796 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4380]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation D eterm ination for Ham ilton County, Tenn.
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 Hamilton County, Tenn.
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.ADDRESS: 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 Hamilton County Courthouse, Chattanooga, 'Tenn. 37402. Send comments to: Hon. Don Moore, Jr., Hamilton County Judge, Hamilton County Courthouse (Chattanooga, Tenn. 37402.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh StreetSW., Washington, D.C. 20410, 202-755-5581 or toll-free line 800-424-8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for Hamilton County, Tenn., 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. 2001-4128, 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.
The proposed base (100-year) flood elevations for selected locations are:
Elevation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Tennessee River.... Downstream County 651boundary.
Confluence of Wolftever 686 Creek.
Confluence of Soddy 687Creek.
Confluence of Sale 687Creek.
Possum Creek........ McGill R d....................... 701U.S. Highway 27 708
(upstream).Backvalley Rd................. 737
Sale Creek............. Dougherty Rd.................. 689U.S. Route 27 .................. 691Old Dayton Pike............. 704
Rock Creek............ Confluence with Sale 690
U.S*Route 27.................. 725Southern Ry..................... 740Slab Town R d ................. 774
Wolftever Creek.... Confluence with 686Tennessee River.
Short Tail Springs Rd.... 689Bell Mill Dam.............. 718Mitchell Mill Rd. 736
extended.Interstate 75.................... 746Ooltewah-Harrison Rd... 753Tucker Rd..... ................... 785
Chestnut Creek..... Downstream corporate 811limits.
Bauxite R d ................ .'..... 823East Brainerd R d ........... 831
Lookout Creek___ Dixie Highway................ 656Upstream corporate 658
limits.Wilkerson Branch. Downstream corporate 817
limits.North Boy Scout Rd................... 672
ChickamaugaCreek.
Southern Ry.................... 674
(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, 43 FR 7719.)
Issued: July 19,1978.G l o r ia M . J im e n e z ,
Federal Insurance Administrator. '[FR Doc. 78-22797 Filed 8-16-78; 8:45 am]
[4210 -01 ]
[2 4 CFR Part 1917]
[Docket No. FI-4381]
N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood Elevation Determ inations fo r the C ity o f La Joya , H idalgo County, Tex.
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 La Joya, Hidalgo County, Tex. These base (100-year) flood elevations are the basis for the flood plain management measures that the com-
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36482 PROPOSED RULES
munity 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.ADDRESS: 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 City Manager’s Office, City Hall, P.O. Drawer H, La Joya, Tex. 78560. Send comments to: Mayor L. J. Leo, City Hall, P.O. Drawer H, La Joya, Tex. 78560.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh StreetSW., Washington, D.C. 20410, 202-755-5581 or toll-free line 800-424-8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the city of La Joya, Hidalgo County, Tex., 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 I any existing ordinances that are more i 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 insur-
' ance 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 nationalgeodeticverticaldatum
Rio Grande........... 11th St. between Garza 131and Leo Aves.
Military Rd.......... ........... 131Walker Lake.......... Walker Lake.................... 134
(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, 43 FR 7719.)
Issued: July 26,1978. \G l o r ia M. J im e n e z ,
Federal Insurance Administrator. [FR Doc. 78-22798 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4382]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation Determ inations fo r the C ity o f Mercedes, H idalgo County, Tex.
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 Mercedes, Hidalgo County, Tex. 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 City Hall, P.O. Box 837, Mercedes, Tex. 78570. Send comments to: Mayor W. C. Ross or Mr. Anthony Covacevich, City Planner, City Hall, P.O. Box 837, Mercedes, Tex. 78570.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the city of Mercedes, Hidalgo County, Tex., 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 Section 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, fetate, 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:
Elevation in feet.
Source of flooding Location nationalgeodeticverticaldatum
Ponding in At intersection of 62Southwest Maryland Ave. andcomer of city, 14th St.adjacent to east levee of North Floodway.
58Ponding along At intersection of 5thArroyoAnacuitas.
St. and Chapman St.
Ponding in At Mile 1 West Rd. and 65Northwest part of city, adjacent to east levee of North Floodway.
east levee.
63Ponding in north Where Missouri Ave.part of city, intersects with annorth of fairgrounds and west of Main Canal.
Unnamed St.
(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, 43 FR 7719.)
Issued: July 26,1978.G l o r ia M . J im e n e z ,
Federal Insurance Administrator.[FR Doc. 78-22799 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, Í9 7 8
PROPOSED RULES 36483
[4210-01][2 4 CFR Part 1917]
[Docket No. PI-4383]N ATIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation D eterm ination for the C ity o f Bremerton, K itsap County, W ash.
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 Bremerton, Kitsap County, Wash. 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.ADDRESS: 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 City Hall, Bremerton, Wash. Send comments to: Hon. Glenn K. Jarstad, mayor, city of Bremerton, City Hall, 239 Fourth Street, Bremerton, Wash. 98310'FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the city of Bremerton, Wash., 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.
The proposed base (100-year) flood elevations for selected locations are:
Elevation, in feet,
Source of flooding Location nationalgeodeticverticaldatum
Gorst Creek.........., Old Navy Yard Highway—35 ft*.
38
Confluence with Parish Creek.
53
Dirt Road Bridge—20 ft*...
59
Parish Creek......... , Old Navy Yard Highway—60 ft*.
68
Ostrich Bay Areas adjacent to the 10(Sinclair Inlet). shore.
Osyter Bay Areas adjacent to the 10(Sinclair Inlet). shore.
Port Washington Hefner St—500 ft south 10Narrows of intersection with(Sinclair Inlet). Lebo Blvd.
Warren Ave. Bridge....... 10Manette Bridge....... ........ 10All other areas adjacent
to the shore.10
Kitsap Lake........... , Areas adjacent to the shore.
159
* Upstream of centerline.(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 tô Federal Insurance Administrator, 43 FR 7719.)
Issuejl: July 18,1978.Gloria M. J imenez,
Federal Insurance Administrator.[FR Doc. 78-22800 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4384]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation Determ ination for the C ity o f Port Orchard, K itsap County, W ash.
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 Port Orchard, Kitsap County, Wash. 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.ADDRESS: 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 City Hall, 216 Prospect Street, Port Orchard, Wash. Send comments to: Hon. Paul D. Powers, Jr., mayor, city of Port Orchard, P.O. Box 186, Port Orchard,* Wash. 98366.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh StreetSW., Washington, D.C. 20410, 202-755-5581 or toll-free line 800-424-8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the city of Port Orchard, Wash., 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.
The proposed base (100-year) flood elevations for selected locations are:
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36484
Elevation, in feet.
Source of flooding Location nationalgeodeticverticaldatum
Blackjack Creek Confluence with 10>(Lower Reach). Sinclair Inlet.
Blackjack Creek Washington State 168(Upper Reach. Highway 16—175 ft
upstream of centerline.Ross Creek........... . 1260 ft west of
intersection of Melcher St. and Pottery Ave. at comer of corporate limits near Ross Creek.
49
Sinclair Inlet........ . Areas adjacent to the shore.
10
(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, 43 FR 7719.)
Issued: July 18,1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator.[FR Doc. 78-22801 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4385]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood E levation Determ inations fo r C ity o f Raym ond, Pacific County, W ash.
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 Raymond, Pacific County, Wash. 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.ADDRESS: 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 City Hall, Second and Commercial Streets, Raymond, Wash. Send comments to: Mr. W. P. Christensen, Jr., Mayor, City of Raymond, City Hall, Second and Com-
PROPOSED RULES
mercial Streets, Raymond, Wash. 98577.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the city of Raymond, Wash., 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.
The proposed base (100-year) flood elevations for selected locations are:
Elevation in feet,
Source <5f flooding Location nationalgeodeticverticaldatum
Willapa River.... ... Intersection of Heath St. and 9th St.
11
Intersection of 2d St. and Commercial St.
11
(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, 43 FR 7719.)
Issued: July 20, 1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator.[FR Doc. 78-22802 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-4386]N A T IO N A L FLOOD INSURANCE PROGRAM
Proposed Flood Elevation Determ inations fo r the C ity o f South Bend, Pacific County, W ash.
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 South Bend, pacific County, Wash. 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.ADDRESS: 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 City Hall, First and Willapa Streets, South Bend, Wash. Send comments to: Hon. Katy Kimura, Mayor, City of South Bend, P.O. Box 34, South Bend, Wash. 98586.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the city of South Bend, Wash., 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
FEDERAL REGISTER, V O L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36485
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 aré:
Elevation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Willapa River........ Intersection of 1st St. and Central Ave.
11
Intersection of Monroe St. and Oregon Ave.
11
Intersection of 1st St. and Washington St.
11
(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, 43 FR 7719.)
Issued: July 18,1978.G loria M. J imenez,
Federal Insurance Administrator. [FR Doc. 78-22803 Filed 8-16-78; 8:45 am]
[4210-01][2 4 CFR Part 1917]
[Docket No. FI-43873N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood Elevation Determ inations fo r the V illa g e o f Hales Com ers, M ilw aukee County, W is.
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 village of Hales Comers, Milwaukee County, Wis. 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. ADDRESS: Maps and other information showing the detailed outlines of the flood-prone areas and the pro
posed base (100-year) flood elevations are available for review at the Village Hall, 5635 South New Berlin Road, Hales Comers, Wis. Send comments to: The Honorable Alexander McConnell, Village Commissioner, Village of Hales Comers, 5635 South New Berlin Road, Hales Comers, Wis. 53130.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the village of Hales Comers 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, Statè, 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:
Source of flooding
Elevation in feet,
Location national geodetic vertical datum
Root River At downstream 734tributary. WhitnaU Park Dr.
1,000 ft downstream of 108th St.
756
Just upstream of West Forest Home Ave.
765
Just upstream of West Janesville Rd.
780
Just upstream of West GodseURd, approximately 1,500 ft downstream of Upper Kelly Lake.
795
Just upstream of South Kurtz Rd.
803
Just upstream of south 124th St.
811
Upper Kelly Lake........... 811
Source of flooding
Elevation in feet,
Location national geodetic vertical datum'
Wemp Branch...... Confluence with Root River tributary.
769
Just upstream of West Jahesville Rd.
774
Just upstream of West 7841 Parnell Ave.
Just upstream of South 115th St.
789
113th St. Branch... Mouth at Wemp Branch 784Just upstream of West
Grange Ave.789
Just upstream of West Upham Ave.
795
Just downstream of West Edgerton Ave.
800
(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, 43 FR 7719.)
Issued: July 26,1978.Gloria M. J imenez,
Federal Insurance Administrator.[FR Doc. 78-22804 Filed 8-16^78; 8:45 am]
[4210 -01 ]
[2 4 CFR Part 1917]
[Docket No. FI-4388]N A TIO N A L FLOOD INSURANCE PROGRAM
Proposed Flood Elevation Determ inations fo r the C ity o f Spooner, W ashburn County, W is.
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 Spooner, Washburn County, Wis. 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 thei second publication of this proposed rule in a newspaper of local circulation; in the above-named community,
ADDRESS: 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 City
FEDERAL REGISTER, V O L 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
36486 PROPOSED RULES
Hall, Spooner, Wis. Send comments to: The Honorable Thomas F. Donovan, Mayor, City of Spooner, City Hall, Spooner, Wis. 54801.FOR FURTHER INFORMATION CONTACT:
Mr. Richard Krimm, Assistant Administrator, Office of Flood Insurance, Room 5270, 451 Seventh Street SW., Washington, D.C. 20410, 202- 755-5581 or toll-free line 800-424- 8872.
SUPPLEMENTARY INFORMATION: The Federal Insurance Administrator gives notice of the proposed determinations of base (100-year) flood elevations for the- city of Spooner, 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.
The proposed base (100-year) flood elevations for selected locations are:
Elevation in feet,
Source of flooding Location nationalgeodeticverticaldatum
Yellow River..... .... Western corporate limit. 10491200 ft upstream from
western corporate limit.
1051
Just downstream from Fish Hatchery Bridge.
1053
50 ft upstream of iDam... 106650 ft upstream of South
River St. Bridge.1067
East corporate limit........ 1067
(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, 43 FR 7719.)
Issued: July 26,1978.G l o r ia M. J im e n e z ,
Federal Insurance Administrator. [FR Doc. 78-22805 Filed 8-16-78; 8:45 am]
[4410-02]DEPARTMENT OF JUSTICE
O ffice o f the A tto rney G eneral
[2 8 CFR Part 16]
[AAG/A Order No. 8-78]PRIVACY ACT OF 1974
Exemption o f Records Systems
AGENCY: Department of Justice. ACTION: Proposed rule.SUMMARY: In the notice section of today’s F e d er a l R e g is t e r , the Department of Justice proposes to amend 28 CFR § 16.96 as it relates to the FBI Central Records System (JUSTICE/ FBI-002) published annually and most recently on September 30, 1977. The Department proposes to amend § 16.96(b)(2), Exemption of Federal Bureau of Investigation Systems—limited access, by adding a sentence to supplement the published reasons for exempting the system from subsection(d) of the Privacy Act. On August 27, 1975, the Department published a notice establishing the above-named system. On the same day the Department published a rule exempting the system from subsection (c) (3) and (4),(d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), (g) and (m) of the Privacy Act pursuant to 5 U.S.C. 552a (j) and (k). While justification for exemption from the access provisions of subsections d(l) was given, the reasons for exemption from the record amendment provisions of subsection (d) (2), (3), and (4) of the Privacy Act were not given. The amendment set forth below will correct this omissions.DATES: All comments must be received on or before September 18, 1978.ADDRESS: All comments should .be addressed to the Administrative Counsel, Office of Management and Finance, Department of Justice, 10th and Constitution Avenue NW., Washington, D.C. 20530.FOR FURTHER INFORMATION CONTACT:
Bronson E. Clayton, 202-739-4165.The authority for this proposed rule
is 5 U.S.C. 552a. Accordingly, it is proposed that 28 CFR 16.96(b)(2) be revised as follows (amended portion italicized):
§16.96 Exemption of Federal Bureau of Investigation Systems—limited access.
* * * * *
( b ) * * *(2) From subsections (c)(4), (d),
(e)(4) (G) and (H), (f) and (g) because these provision concern individual access to records and such access might compromise ongoing investigations, reveal investigatory techniques and confidential informants, and invade the privacy of private citizens who provide information in connection with a particular investigation. In addition, exemption from subsections (d), (e)(4) (G) and (H) is necessary to protect the security of information classified in the interest of national defense and foreign policy. In addition, exemption from subsection id) is necessary because to require the agency to correct or otherwise amend information thought to be incorrect, irrelevant or untimely might, because of the nature of the information collected and the essential length of time it is maintained, create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations in an attempt to resolve questions of accuracy, etc.
* * * * * Dated: August 10,1978.
K e v in D. R o o n e y , Assistant Attorney General
for Administration. [FR Doc. 78-23123 Filed 8-16-78; 8:45 am]
[4910-14]DEPARTMENT OF TRANSPORTATION
Coast Guard
[3 3 CFR Part 128]
[CGD 77-246]REGULATED N A V IG A T IO N AREAS, GREAT
LAKES
Proposed Rule
AGENCY: Coast Guard, DOT. ACTION: Proposed rule.SUMMARY: The Coast Guard is considering the establishment of three seasonal Regulated Navigation Areas in the Great Lakes. In Grays Reef Passage the channel is subject to ice buildups in the winter so that a vessel, not escorted by an icebreaker, could easily become beset by ice and be forced aground. The potential for loss of life, loss of or damage to the vessel, and damage to the environment justifies empowering the Captain of the Port, Sault Ste. Marie to close this area to navigation when weather conditions indicate it is necessary. In the
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36487Mackinac Island and Bois Blanc Island areas natural ice bridges form in the waters linking the islands and the mainland while at the same time the ice on the lake prevents the use of small vessels for travel to and from the mainland. Consequently, the island residents depend on the ice bridges for access to the mainland. The passage of larger vessels through this area breaks up the ice bridges. This proposal« would allow the Captain of the Port, Sault Ste. Marie to close these areas to navigation during appropriate times of the year.DATES: Comments must be received on or before October 2,1978.ADDRESSES: Comments should be submitted to the Office of the Commander, Ninth Coast Guard District, 1240 East Ninth Street, Cleveland, Ohio 44199. A copy of the economic evaluation from which the economic summary in this document is taken is available for examination at the above address. A copy of the survey study for the Great Lakes—St. Lawrence Seaway—Navigation Season Extension conducted by the Corps of Engineers is also available at the above address.FOR FURTHER INFORMATION CONTACT:
Capt. Phillip Danahy, Marine SafetyCouncil (G-CMC/81), Room 8117,Department of Transportation,Nassif Building, 408 Seventh StreetSW., Washington, D.C. 20590, 202-426-1477.
SUPPLEMENTARY INFORMATION: Interested persons are invited to participate in this proposed rulemaking by submitting written views, data, or arguments. Eachrperson submitting a comment should include the writer’s name and address, identify the notice (CGD 77-246) and the specific section to which the comment applies, and give the reason for the comment. All comments received before the expiration date of the comment period will be considered before final action is taken on this proposal.
No public hearing is planned but one may be held at a time and place to be set in a- later notice in the F ederal R e g is t e r if requested, in writing, by an interested person raising a genuine issue and desiring to comment orally at a public hearing.
D r a f t in g I n f o r m a t io n
The principal persons involved in drafting this proposal are: Mr. D. W. Ziegfeld, Project Manager, Office of Marine Environment* and Systems, and Lieut. George S. Karavitis, Project Attorney, Office of Chief Counsel.
D i s c u s s i o n o f t h e P r o p o se d R e g u l a t io n s
During the winter season certain sections of the Great Lakes are subject to severe ice conditions thereby limiting or halting navigation. In the areas between Mackinac Island and Bois Blanc Island, natural ice bridges form and the island residents use these ice bridges as a means to get to and from the mainland. The passage of vessels through this area breaks up the ice bridges, severing the link to the mainland. The island residents cannot rely on small vessels for access to the mainland because of the severe ice conditions. Since an alternative route is available for use by larger vessels, the Captain of the Port, Sault Ste. Marie would be permitted to close the area between Mackinac Island and Bois Blanc Island when ice conditions indicate that it is necessary.
A recent survey study for the Great Lakes—St. Lawrence Seaway—Navigation Season Extension conducted by the U.S. Army Corps of Engineers recommended, among other things, that the traffic lanes between St. Ignace and Mackinac Island be closed during the winter season.
Grays Reef Passage is an area subject to severe ice buildups where a vessel which is not escorted by a vessel capable of breaking ice, could easily become beset by ice and be forced aground. In this situation, the vessel may be lost or damaged with a potential risk of loss of life and damage to the environment. Alternative routes are available, passing north of White Shoal Light.
The Captain of the Port, Sault Ste. Marie would close and open the proposed areas as weather and ice conditions dictate. Only one closing each winter and one opening each spring is anticipated. However, if ice conditions in the designated areas require it, additional closings and openings would be included in the Captain of the Port’s authority. Prior to the closing or opening of these Regulated Navigation Areas, the Captain of the Port would give interested parties, including both shipping interests and island residents, not less than 72 hours notice of any action.
The Coast Guard has evaluated this proposal under the Department of Transportation Policies for improving Government Regulations published on March 8, 1978 (43 FR 9582). Because of the existence of alternative routes for navigation, minimal increase in costs to shipping interests is expected.
In consideration of the foregoing, it is proposed that a new § 128.901 be added to part 128 of title 33 of the Code of Federal Regulations to read as follows:
§ 128.901 Great Lakes Winter Navigation.(a) Lake Huron. The following are
Regulated Navigation Areas:(1) The waters of Lake Huron known
as South Channel between Bois Blanc Island and Cheboygan, Mich.; bounded by a line north from Cheboygan Crib Light <LL 1340)’ at latitude 45°39.8' N., longitude 84°27.6' W.; to Bois Blanc Island at latitude 45°43.7'N., longitude 84°27.6' W., and a line north from the mainland at latitude 45°43.0' N., longitude 84°(35.5' W.; to the western tangent of Bois Blanc Island at latitude 45°48.7' N„ longitude 84°35.5' W.
(2) The waters of Lake Huron between Mackinac Island and St. Ignace, Mich, bounded by a line east from St. Ignace Ferry light (LL-1387) at latitude 45°52.2' N., longitude 84°43.0' W.; to Mackinac Island at Latitude 45°52.2' N., longitude 84°39.0' W.; and a line east from the mainland at latitude 45°53.2' N., longitude 84°43.5' W.; to the northern tangent of Mackinac Island at latitude 45°53.2' N., longitude 84°38.8' W.
(b) Lake Michigan. The following is a Regulated Navigation Area. The waters of Lake Michigan known as Grays Reef Passage bounded by a line from Grays Reef Light (LL-2006) at latitude 45°46.0' N., longitude 85°09.2' N.; to White Shoals Light (LL-2003) at latitude 45°50.5' N., longitude 85°08.1' W.; to a point at latitude 45°49.2' N., longitude 85°04.8' W.; thence to a point at latitude 45°45.7' N., longitude 85°08.7' W.; thence to the point of beginning.
(c) The regulations, the Captain of the Port, Sault Ste. Marie, will close and open these regulated navigation areas as ice conditions dictate. Under normal seasonal conditions only one closing each winter and one opening each spring area anticipated. Prior to the closing or opening of these regulated navigation areas, the Captain of the Port must give interested parties, including both shipping interests and island residents, not less than 72 hours notice of the action. No vessel may navigate in a regulated navigation area which has been closed by the Captain of the Port. Under emergency conditions, the Captain of the Port may authorize specific vessels to navigate in a closed regulated navigation area.
N ote.— The Coast Guard 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.(Sec. 104, 86 Stat. 424 (33 U.S.C. 1224); 37 FR 21943, 49 CFR 1.46 <n)<4).)
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36488
Dated: August 11,1978.J. B. Hayes,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 78-23028 Filed 8-16-78 8:45 am]
[6820 -24 ]GENERAL SERVICES ADMINISTRATION
Federal Supply Service
[41 CFR Part 1 0 1 -2 8 ]
GSA SELF-SERVICE STORES
A dvance Notice o f Proposed Rulem aking
AGENCY: General Services Administration.ACTION: Advance notice of proposed rule.SUMMARY: The General Services Administration (GSA) intends to amend the Federal property management regulations to include revised procedures for making purchases from GSA self- service stores. The procedures will be designed to provide strict control over purchases from self-service stores and thereby prevent abuses such as have recently been disclosed.DATE: Comments must be received on or before September 22, 1978.ADDRESS: General Services Administration (FAFR), Washington, D.C. 20406.FOR FURTHER INFORMATION CONTACT:
Mr. John Î. Tait, Director, Regulations and Management Control Division, 703-557-1914.
SUPPLEMENTARY INFORMATION: This notice is issued to invite interested persons to comment and participate in the development of the procedures. The following is a brief description of the procedures on which comments or suggestions are requested. Commencing no later than September 1, 1978, GSA will implement interim procedures to require customer agencies to use new GSA Form 3146, GSA Self- Service Store Request/Sales Slip, and to provide supporting GSA regional offices with a list of customer agency officials authorized to approve purchases from GSA self-service stores. Agency users of self-service stores will be required to enter data on the form and obtain the signature of the authorized customer agency approving official prior to entering the store. Data to be entered on the form include the customer’s name and telephone number, quantity, and description of items. Prior to checkout, the customer will insert the appropriate unit price of the items. The store checkout clerk will verify the authen-
PROPOSED RULES
ticity of the customer agency approving official’s name by checking the signature against a file of the names of authorized approving officials. To finalize the transaction, the checkout clerk will verify and total the prices, imprint the request/sales slip with the customer’s shopping plate, and provide the customer with a register receipt and copy of the completed request/ sales slip.
Dated: August 11, 1978.R o b e r t P. G r a h a m ,
Commissioner, Federal Supply Service.
[FR Doc. 78-23159 Filed 8-16-78; 8:45 am]
[4110-35]DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
H ealth Care Financing Adm inistration
[4 2 CFR Part 4 05 ]
MEDICARE PROGRAM
Cost to R elated O rganizations
AGENCY: Health Care Financing Administration (HCFA), HEW.ACTION: Proposed rule.SUMMARY: This regulation would amend the current Medicare regulation which limits the amount a provider may be reimbursed when it obtains services, facilities, and supplies from an organization related to the provider by common ownership or control. The amendment would permit a nonprofit provider who obtains services, facilities, or supplies from a related, nonprofit “shared services” organization to be reimbursed on the basis of the charges made by the supplier, rather than the supplier’s costs. The purpose is to encourage the use of shared services organizations by nonprofit providers when doing so will reduce the costs of furnishing Medicare benefits.DATES: Consideration will be given to written comments or suggestions received on or before October 16, 1978.ADDRESSES: Address comments to: Administrator, Health Care Financing Administration, Department of Health, Education, and Welfare, P.O. Box 2372, Washington, D.C. 20013. In commenting, please refer to MAB-51. Comments will be available for public inspection beginning approximately 2 weeks after publication in Room 5231 of the Department’s offices at 330 C Street SW., Washington, D.C., on Monday through Friday of each week from 8:30 a.m. to 5 p.m. Telephone 202-245-0950.FOR FURTHER INFORMATION, CONTACT:
Mr. Henry H. Eidman, Medicare
Bureau, Health Care Financing Administration, East Building, Room403, 6401 Security Boulevard, Baltimore, Md. 21235, 301-594-9440.
SUPPLEMENTARY INFORMATION: A Medicare provider’s reimbursable costs for services, facilities, or supplies furnished to it by another organization are normally based on the charge made by the supplier organization (see 42 CFR 405.402). However, a special rule applies when a provider obtains services, facilities, or supplies from a supplier to which it is related by common ownership or control (see 42 CFR 405.427, Cost to Related Organizations). * '
In this situation, the provider’s allowable cost is limited to the cost to the related organization, rather than the charge made by that organization. The regulation is intended to prevent the Medicare program from paying the provider a profit factor attributable to the provider’s self-dealing.
Groups of nonprofit providers have begun to organize and operate nonprofit, cooperative supplier organizations in order to achieve cost savings. These organizations, which typically are owned or controlled by the nonprofit providers which obtain items and services from them, are frequently able to furnish items and services to providers at lower cost than commercial suppliers. They generally purchase items or deliver services in great volume, and thus are able to achieve economies of scale. In addition, since they are in direct competition with commercial vendors, they must price their products and services accordingly. Their prices, therefore, are generally at or below the prices charged by commerical vendors for comparable items and services. For this reason, purchasing from these organizations is a cost-effective way for a nonprofit provider to obtain such items and supplies.
Because the objective of these shared-services organizations is provider cost containment, rather than profitmaking, the organizations are set up and operated on a nonprofit basis, exempt from Federal taxes. In order to be exempt^ from Federal income taxation, the organization’s items or services must be furnished only to providers which are themselves exempt from Federal income taxes (see 26 CFR 1.501(c)(3)). Also, all net earnings of the organization for a tax year must be allocated or distributed under the applicable provisions of the Internal Revenue Code (see 26 CFR 1.501(e)(2)).
As a result of the constraints under which these organizations operate, they typically do not have capital available to develop new services or expand their range of activities. Unlike commercial suppliers, they
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36489cannot, invest surplus resources in new lines of activity and wait to recover their expenditures through subsequent sales. The primary purpose of this regulation is to enable shared-services organizations to use the marginal difference between their costs and their charges to providers for developing additional ways in which to furnish items and services at a savings in provider costs.
Because of the constraints under which shared-services organizations operate, we believe that the proposed rule will not permit the providers with whom they deal to profit unfairly through self-dealing. Rather, we think an exemption from the general limitation on allowable costs to related organization will result in reduced provider costs. 42 CFR 405.427 would, therefore, be amended to exempt purchases by nonprofit providers from shared- services organizations from the existing cost-reimbursement J principle limiting the provider’s allowable cost to the cost of the supplier. Such purchases would remain subject to the limitation that the provider’s allowable cost not exceed the price at which comparable services, facilities, or supplies could be purchased from other sources.
42 CFR 405.427 is amended by adding a new paragraph (b)(4); by revising the heading of paragraph (d) to read “(d) Exceptions.” and adding “(1)” after the heading and before the existing text; and by adding a new paragraph (d)(2) to read as follows:§ 405.427 Cost to related organizations.
♦ * * * *
(b) Definitions* * *(4) Shared services organization. A
shared-services organization is a nonprofit organization which is organized and operated to:
(1) Furnish services, facilities, or supplies, to , two or more providers, that are necessary for the delivery / of health care services; or
(ii) Furnish support services to two or more providers.
♦ * * * *
(d) Exceptions. (1) * * *(2) For services, facilities, and sup
plies furnished by a shared-services organization to a related nonprofit provider, the provider’s allowable cost shall not exceed the lower of:
(i) The charge made by the shared services organization to the provider, or
(ii) The price at which comparable services, facilities, or supplies could be purchased in the open market.Any refunds, rebates, or distributions of the shared-services organization’s earnings received by the provider must
be used to reduce the provider’s allowable costs for the items and services to which they relate.(Secs. 1102, 1861(v), and 1871 of the Social Security Act; 49 Stat. 647 and 79 Stat. 331 and 322 (42 U.S.C. 1302, 1395x(u), and 1395hh).(Catalog of Federal Domestic Assistance Program No. 13.773, Medicare—Hospital Insurance; No. 13.774, Medicare—Supplementary Medical Insurance.)
Dated: June 20, 1978.R o b e r t A . D e r z o n ,
Administrator, Health Care Financing Administration.
Approved: July 29,1978.Hale Champion,
Acting Secretary.CFR Doc. 78-23099 Filed 8-16-78; 8:45 am]
[6315-01]COMMUNITY SERVICES
ADMINISTRATION[4 5 CFR Part 1010]
CIVIL RIGHTS REGULATIONS
Nondiscrim ination on the Basis o f Handicap in Programs and A ctivities Receiving or Benefiting From Federal Financial Assistance
AGENCY: Community Services Administration.ACTION: Extension of comment period on proposed regulations.SUMMARY: On June 30, 1978; the Community Services Administration (CSA) published in the F ed er a l R e g is t e r proposed regulations to begin its implementation of section 504 of the Rehabilitation Act of 1973, as amended (43 FR 28758). These proposed regulations contain provisions to insure that no qualified handicapped individual is solely because of handicap denied the benefits of, excluded from participation in, or otherwise subjected to discrimination in any program or activity receiving or benefiting from financial assistance provided by CSA, A 60-day comment period was established during which comments were invited from other Federal agencies and from the public—particularly handicapped persons and their advocates and CSA grantees. Because some of the issues raised by the proposed rule have not previously been addressed in the section 504 rulemaking process, public comment on the proposed rule is important. Unfortunately, a delay in distribution of the regulation to CSA grantees and to handicapped persons and their advocates has, in effect, cut the 60-day comment period in half. To remedy the effect of this delay, and to encourage additional public commnent, the comment period is being extended an additional 45
days. Comments received on or before October 13, 1978, will be considered in drafting the final rule.DATE: The comment period will not close until October 13, 1978.ADDRESS: Comments or inquiries should be submitted to Jill Robinson, Office of Legal Affairs and General Counsel, Community Services Administration, 1200 19th Street NW., Washington, D.C. 20506.FOR FURTHER INFORMATION CONTACT:
Jill Robinson, 202-254-2534 (voice);202-254-6218 (TTY).
SUPPLEMENTARY INFORMATION: A d d it io n a l C o p ie s
Printed and taped copies of the proposed rule are available and may be obtained by calling or writing the contact person listed above.
C o n t a c t P e r s o n
Please note that the telephone number of the contact person has changed since the publication of the proposed rule. The correct new telephone number is 202-254-2534. The TTY number, 202-254-6218, has not changed.
T T Y C o m m e n t s
CSA’s TTY makes a printed copy of conversations. Persons with access to a TTY are invited to comment on the proposed rule over the TTY. The printout of the conversation will become a part of the public record. Persons wishing to comment over the TTY are requested to ask for Jill Robinson and to indicate that comments on section 504 will be made. Commentators may proceed with their comments or may wait until Ms. Robinson is located.
G r a c ie l a ( G r a c e ) O l iv a r e z , Director, Community
Services Administration.[FR Doc. 78-22955 Filed 8-16-78; 8:45 am]
[6712-01]FEDERAL COMMUNICATIONS
COMMISSION[4 7 CFR Parts 2 and 8 7]
[Gen. Docket No. 78-235; RM-2971; FCC 78- 570]
M A K IN G FREQUENCIES IN THE 1 90 -2 0 0 , 5 IQ - 525 A N D 5 2 5 -5 3 5 KHZ BANDS AVAILABLE TO THE AERO NAUTICAL R A D IO N A V IG A TIO N SERVICE
Providing fo r Sharing o f the Bands 2 7 5 -2 8 5 and 3 2 5 -3 3 5 kHz by A eronautical and M a ritim e R ad ionavigation Services
AGENCY: Federal CommunicationsCommission.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36490 PROPOSED RULES
ACTION: Proposed rulemaking.SUMMARY: The Commission is proposing to amend the rules to make additional frequencies available for non- directional beacons used for aeronautical and maritime navigation. These low-frequency radiobeacons are normally authorized to operate in the band 200—415 kHz. In recent years, the use of the beacons has grown substantially, particularly by offshore drilling platforms for the guidance of helicopters and small boats. Installation of new radiobeacons in some areas is not possible because the currently available frequencies are saturated by existing assignments. By expansion of the existing bands and making available some frequencies heretofore not available to nongovernment operations, it will be possible to assign additional beacons in those areas where they are needed.DATES: Comments are to be received by October 16, 1978, and reply comments by November 15, 1978.ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.FOR FURTHER INFORMATION:
John E,. Jacobs, Safety and SpecialRadio Services Bureau, 202-632-7197.
SUPPLEMENTARY INFORMATION: Adopted: July 31, 1978.Released: August 11, 1978.
In the matter of amendment of parts 2 and 87 of the Commission’s rules to make frequencies in the 190- 200, 510-525, and 525-535 kHz bands available to the aeronautical radionavigation service. Amendment of part 2 of the rules to provide for sharing of the bands 275-285 and 325-335 kHz by aeronautical and maritime radionavigation services, general docket No. 78- 235, RM-2971.
1. Notice of proposed rulemaking in the above-captioned matter is hereby given.
2. The Radio Technical Commission for Aeronautics (RTCA) has petitioned the Commission to “* * * take the necessary rulemaking actions as soon as possible in parts 2 and 87 of its rules, as appropriate, to:
1. Make the band 190-200 kHz available exclusively for the aeronautical radionavigation service;
2. Make the band 525-535 kHz available for the aeronautical radionavigation service on a shared coequal basis with the travelers information service (TIS) [sic]. Use of this band by the aeronautical radionavigation service could be limited primarily to offshore platforms, but it is believed that the aeronautical radionavigation service could still make some use of this band in other areas and still be compatible with TIS;
3. Investigation with the appropriate government agencies what national arrangements might be made for the band 510-525 kHz to allocate it exclusively to the aeronautical radionavigation service with a footnote concerning the use of 512 kHz by the maritime mobile service. It is recommended that the aeronautical radionavigation service be shared between government and nongovernment.
"In addition to the above, it might be appropriate to undertake early national rule- making action for the bands 275-285 kHz to permit the sharing of these bands between the aeronautical and maritime radionavigation services as proposed in the 5th NOI.”
The reference made is to the fifth notice of inquiry in docket No. 20271. This petition was assigned RM-2971. It was placed on public notice on September 30, 1977, and no comments relative to the petition were received.
3. The RTCA states that the recommendations were forwarded in comments relative to preparation for the 1979 General World Administrative Radio Conference. They believe, however, that the requirements for addi- tonal spectrum space for aeronautical radionavigation are sufficiently urgent to warrant immediate consideration, and we agree.
4. The navigation aids with which this matter is concerned are those radionavigation land stations (nondirec- tional beacons (NDB)) operated by both Government and nongovernment entities in the frequency range 200- 415 kHz under present rules. The stations are primarily operated by the U.S. Government with provisions made for the authorization of nongovernment facilities by the Commission after coordination between the Commission and the Federal Aviation Administration (FAA) (rule §87.501). Since 1970, installation and use of the beacons had expanded considerably, with nongovemnment authorizations doubling (from 523 to 1,033) in that time. According to figures available from the FAA, there were more than 1,800 stations, in use on January 1, 1977. A survey of FAA regional offices which coordinate these assignments indicates that each region has at least one area which has now reached, or shortly will reach, saturation. The major increase in use of beacons has come from offshore petroleum and other resoure platforms and by semiprivate airports. For example, the FAA states that they are unable to make any more assignments in the Ohio and Indiana areas because of the use of beacons by airports. Similarly, except for a plan of user sharing, no more assignments can be made in the Lousiana gulf coast area due to the number of drilling platforms using beacons. In addition, the expected development of oil and natural gas fields off the east coast of the United States will bring about the need for more
beacons to be used in this manner. They are used to guide the helicopters which ferry supplies and personnel to and from the platforms.
190-200k H z
5. This band is part of the band 160- 200 kHz allocated to the fixed service in ITU region 2 and to the fixed and maritime mobile services (Government only) in the United States. There are no nongovernment fixed assignments currently on the frequencies. The Interdepartment Radio Advisory Committee (IRAC) has studied the use of the band at length and they have also recommended this amendment. The direction-finding equipment in use aboard aircraft today is generally capable of timing to as low as 190 kHz, so we envision no inconvenience to the general aviation public in this respect.
6. We therefore propose to amend parts 2 and 87 of the rules to allocate the band 190-200 kHz to aeronautical radionavigation. We recognize that certain already established U.S. Navy fixed operations in Hawaii must be accommodated and by appropriate footnote to the table of allocations will provide protection to this installation.
275-285 a n d 325-335 k H z
7. The band 285-325 kHz is currently allocated to the maritime radionavigation service, and those bands immediately above and below to the aeronautical radionavigation service. The RTCA suggestion to permit sharing of 275-285 and 325-335 kHz will merely extend the present maritime band by 10 kHz at each end. Like the aviation community, maritime interests have had difficulty in finding adequate spectrum space to meet the increasing need for radiobeacon assignments. This has largely been brought about by offshore oil exploration and the increasing population of small beats. The operations of such craft normally do not lend themselves to the use of more sophisticated navigation systems because of weight, cost, need, et cetera, and they consequently depend more on NDB’s for navigational purposes. Current marine radiobeacon receivers normally have a tuning range of from 285 to 325 kHz and it is reasonable to assume that they can tune the additional 10 kHz with little or no modification. We therefore anticipate no equipment problems for the users. Since operation of these navigational aids in both services is primarly by Government agencies and any Commission assignments are only made in those instances where the Government is not prepared to provide service (footnote US 18, rule section 2.106), any clearance will be through the IRAC and this should insure compatibility between aeronautical and marine radiobeacons.
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36491
8. We propose to amend the rules to permit sharing of the bands 275-285 and 325-335 kHz by aeronautical and maritime radionavigation. We will, however, assign secondary status to maritime radiohavigation and limit their operations to radiobeacons. No amendment to part 81, subpart K— Stations on land in the maritime radiodetermination service, is necessary.
510-525 k H z
9. In the U.S. table of allocations, 510-535 kHz is shown as one band. For purposes of this action, we will separate this into two bands: 510—525 kHz and 525-535 kHz. This will coincide with the separation shown in ITU radio regulations.
10. Aeronautical radionavigation is shown as a permitted 1 service in this band in ITU region 2. However, the band is little used in the United States because of the prohibition against nongovernment use in footnote US14. In its recent study of the use of the frequencies 200-525 kHz, the IRAC agreed that this prohibition serves no useful purpose at this time. We concur with this and with RTCA’s recommendation. We propose to amend the rules to allocate the band 510-525 kHz to aeronautical radionavigation as a primary service. We will amend footnote US14 and add new footnote US225 to establish the use of the frequencies in certain areas and to permit the continued use of 512 kHz as a ship telegraph frequency. Further action on the use of 512 kHz by ship stations is contem- pleted. However, use of this frequency is governed by ITU radio regulations Nos. 188, 437A, 1123, and 1125 through 1129, so any action must be accomplished through and appropriate international conference.
525-535 k H z
11. In an earlier action (report and order in docket 20509, released June 20, 1977, 42 FR 31594), the Commission provided for travelers information stations (TIS)’to be authorized on 530 and 1610 kHz in the local government radio service. These stations, to be authorized to local and State governmental entities, are meant to provide traffic and road conditions and similar information to the traveling public. Authorization is conditioned on the fact that the TIS will cause no interference to authorized services operating on a primary basis. The RTCA requests that we permit aeronautical radionavigation to share this band with TIS on a coequal basis.
‘Permitted is explained by ITU radio regulation No. 138: “Permitted and primary services have equal rights, except that, in the preparation of frequency plans, the primary service, as compared with the permitted service, shall have prior choice of frequencies.”
12. They also suggest that the use by aeronautical radionavigation service be limited primarily to offshore platforms, no doubt in order to preclude the possibility of mutual interference and provide for coexistence of both types of facilities in that portion of the spectrum. The intended coverage area of the TIS is small and, consequently, relatively severe limitations are placed on the field strength, so there appears to be little possibility of interference coming from this source.
13. Howeverrthe possibility of harmful interference to either service from the other does exist. We feel .the public interest would not be served by arbitrarily establishing priorities at this tiihe. Further studies will be made to determine the practicality of sharing. The National Telecommunications and Information Administration has recently completed a study to determine the compatibility of the two systems. They have developed engineering and site selection criteria which will have considerable bearing on assignments. We feel that all these matters should be considered before making any recommendations for assignment in this band. Consequently, we do not propose any changes in the 525-535 kHz band at this time. We will address the matter at a later date.
14. The proposed amendments of the rules as set forth below are issued pursuant to the authority contained in sections 4(i), 303 (b), (c), (d), (f), and (r) of the Communications Act of 1934, as amended.
15. Pursuant to applicable procedures set forth in § 1.415 of the Com
mission’s rules, interested parties may file comments on or before October 16, 1978, and reply comments on or before November 15, 1978. All relevant and timely comments will be considered by the Commission before final action is taken in the proceeding. In reaching its decision in this proceeding, the Commission may also take into account other relevant information before it, in addition to the specific comments invited by this notice.
16. In accordance with the provisions of § 1.419 of the Commission’s rules, an original and five copies of all statements, briefs, or comments filed shall be furnished to the Commission. Responses will be available for public inspection during regular business hours in the Commission’s public reference room at its headquarters in Washington, D.C.
F ed er a l C o m m u n ic a t io n s C o m m is s io n ,
W il l ia m J . T r ic a r ic o ,Secretary.
Parts 2 and 87 of chapter I of title 47 of the Code of Federal Regulations are amended as follows:
PART 2— FREQUENCY ALLOCATIONS A N DR AD IO TREATY MATTERS: GENERAL RULESA N D REGULATIONS
Section 2.106, the table of frequency allocations, is amended to read as follows: footnote US14 is amended and new footnotes US225 and US226 are added as follows:
§ 2.106 [Amended]
Band (kHz) Service Class of station Frequency (kHz) Nature of servicesNature of stations
7 8 9 10 11
160-190................... . G G G v G . . . .190-200.................... . Aeronautical Radionavigation, * G ■ * Aeronautical
radionavigation(US226).
land. radionavigation.
200-275.................... G 6 * • * G G G G
275-285.................... * * * G G G
radionavigation. AeronauticalMaritime radionavigation.radionavigation(radiobeacons)(US18).Aeronauticalmobile.
Maritime radionavigation.
* G G G G G G
325-335.................... Aeronautical G G G . . G Aeronautical mobile.radionavigation. AeronauticalMaritime radionavigation.radionavigation(radiobeacons)(US18).Aeronautical,mobile.
Maritime radionavigation.
335-405.................... • G * G G G G G * * * ** G G G G G G
510-525 (US14) Aeronautical Radionavigation, G -G G Aeronautical(US225). radionavigation. land. radionavigation.
525-535 (US221)..... * * * G G G • G G G G G« G G G G G G
FootnotesG G G G G' G G
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36492 PROPOSED RULES
US14: When 500 kHz Is used for distress purposes, ship and coast stations may use 512 kHz for callingexcept for inland waters. _ ■ *
* * * * * * *
US225: In addition to its present government use, the frequency band 510-525 kHz is available to government and nongovernment aeronautical radionavigation stations inland of the territorial base line as coordinated with the military services. In addition, the frequency 510 kHz is available for nongovernment ship-helicopter operations when beyond 100 nautical miles from shore and required for aeronautical re-dionavigation. _ . „ „• * * * *
US(226): In the State of Hawaii, stations in the aeronautical radionavigation service shall not cause in- . terference to U.S. Navy reception from its station at Honolulu on 198 kHz.
PART 87— A V IA T IO N SERVICES
In § 87.501, paragraph (f) is amended to read as follows:§ 87.501 Frequencies available.
* * * * * * *
(f) Radiobeacon stations: 190-285 kHz; 325-415 kHz; 510-525 kHz.* * * * * * •[FR Doc. 78-22833 Filed 8-16-78; 8:45 am]
[4910-60]DEPARTMENT OF TRANSPORTATION
M ateria ls Transportation Bureau
[4 9 CFR Part 177]
[Docket No: HM-164; Advance Notice]CARRIAGE BY PUBLIC H IG H W A Y
H igh w ay Routing o f R adioactive M ateria ls; Inquiry
AGENCY: Materials Transportation Bureau, Research and Special Programs. Administration, DOT.ACTION: Advance notice of proposed rulemaking.
SUMMARY: This publication invites comment on the need, and possible methods for establishing routing requirements under the Hazardous Materials Transportation Act applicable to highway carriers of radioactive materials. The Materials Transportation Bureau (MTB) recently completed an examination of a local New York City ordinance halting the movement of radioactive materials. Similar ordinances have been or may be enacted elsewhere. This inquiry is intended to assist in MTB in deciding what Federal action may be justified in light of local concerns addressed in such ordinances. A hearing will be announced subsequently.DATE: Comments must be received on or before January 1,1979.ADDRESS: Comments must be addressed to Dockets Branch, Information Services Division, Materials Transportation Bureau, Research and Special Programs Administration, U.S. Department of Transportation, Washington, D.C. 20590. Five copies of comments are requested but not required.
FOR FURTHER INFORMATION CONTACT:
Douglas Crockett, Office of Hazardous Materials Regulation, U.S. Department of Transportation, Room 6218, 2100 Second Street SW., Washington, D.C. 20590, 202-426-0656.
SUPPLEMENTARY INFORMATION:I. S cope of Th is D ocket
A. Background. On April 20, 1978, the MTB published an opinion (43 FR 16954) concerning the legal relationship between section 175.111 of the New York City health code and regulations issued by DOT under the Hazardous Materials Transportation Act (HMTA, Title I of Pub. L. 93-633). Section 175.111 of the city’s health code prohibits the transportation in or through the city of most commercial shipments of radioactive materials. The HMTA is the basic Federal legislation under which the transportation safety of hazardous materials, including radioactive materials, is regulated. In the opinion, MTB. concluded that HMTA routing authority is sufficient to preempt State and local highway routing requirements (see HMTA, §§ 105, 112; 49 U.S.C. 1804, 1811), but that because a routing requirement has not yet been established under the HMTA, that act does not at present preempt section 175.111 of the city’s health code.
This municipal safety requirement, and other similar requirements imposed by State and local jurisdictions elsewhere, affect interstate commerce. In some cases local requirements may so vary from one another as to be incompatible. In other cases they may impose significant additional responsibilities on shippers, carriers, or neighboring jurisdictions. Existing State and local requirements for highway
carriers of various radioactive materials now restrict use of bridges, tunnels, and roads otherwise open to public use. Local jurisdictions have also imposed requirements for permit fees, advance notice, escorts, and specified times of travel. In many cases, these local restrictions are associated with local responsibilities for emergency response or for traffic control (such as the establishment of truck routes). This rulemaking will examine the transportation safety aspects of highway routing of radioactive materials. The examination will include consideration of routing decisions now being made by carriers and the methods by which those decisions are made. The rulemaking will examine the safety effects of existing and possible Federal, State, and local highway routing controls, including effects of actions by one State or locality on another.
Only highway routing of radioactive materials will be considered in this docket. This does not rule out the possible future consideration of materials in other hazard classes and other modes of transportation. However, highway transportation, of all four modes of transportation, offers the largest number of routing possibilities and the greatest access to population centers. When highway carriers transport radioactive materials, they now face immediate and significant disparities in safety requirements imposed by State and local jurisdictions.
B. Safety. Both DOT and the Nuclear Regulatory Commission (NRC) share responsibility for insuring use of safe methods of preparing and transporting radioactive materials. DOT regulations pertain to packaging, labeling and marking, placarding and shipping paper entries, keyed to the radiation hazard of the material being transported (49 CFR parts 170-178, especially §§ 173.7(b), 173 .389-.398 and parts 390-397, especially part 397). Complementary NRC regulations, pertaining to packaging of certain radioactive materials, are found at 10 CFR part 71. In addition NRC regulations in 10 CFR part 73 concern the physical security of special nuclear materials, at both fixed facilities and while in transportation.
An existing DOT regulation generally addresses highway routing of hazardous materials (49 CFR 397.9(a)), including radioactive materials, when carried in substantial quantities. Section 397.9 was issued under statutes that predate the HMTA (18 U.S.C. 834 and 49 U.S.C. 304), and states:§397.9 Routes.
(a) Unless there is no practicable alternative, a motor vehicle which contains hazard-
&
FEDERAL REGISTER, V O L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
PROPOSED RULES 36493ous materials must be operated over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys. Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with this paragraph.
♦ * * * *Another DOT regulation expressly
recognizes State and local traffic regulation (49 CFR 397.3). Section 397.3 approves those State and local requirements which concern the mechanics of driving and handling vehicles. Those State and local requirements are roughly comparable to Federal requirements in 49 CFR part 392. Section 397.3 states:§397.3 State and local laws, ordinances,
and regulations.Every motor vehicle containing hazardous
materials must be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint.
A third regulation, issued under the HMTA, approves certain hazardous materials restrictions imposed on the use of tunnels by State or local authority (49 CFR 177.810). Section 177.810 states:§177.810 Vehicular tunnels.
Nothing contained in parts 170-189 of this subchapter shall be so construed as to nullify or supersede regulations established and published under authority of State statute or municipal ordinance regarding the kind, character, or quantity of any hazardous material permitted by such regulations to ‘be transported through any urban vehicular tunnel used for mass transportation.
Sections 397.3 and 397.9, and section 177.810(a), taken together, reflect the fact that routing of highway traffic in hazardous materials has been a matter left primarily to State and local regu- laion, and the principle that such State and local regulation should not have the actual effect of altogether forbidding highway transportation between any two points, even where other modes of transportation are available. These provisions constitute the present posture of DOT highway routing policy.
In addition to these provisions, there are also a number of publications available, concerning radioactive materials transportation, which will be considered in this docket. The list below is not inclusive:
(1) Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes (NUREG-0170), U.S. Nuclear Regulatory Commission, Office of Standards
Development, December 1977 (available from the National ïechnical Information Service for $12).
(2) Lippek and Schuller, Legal, Institutional, and Political Issues in Transportation of Nuclear Materials at the Back End of the LWR Nuclear Fuel Cycle, September 30, 1977 (Battelle Human Affairs Research Centers, 4000 Northeast 41st Street, Seattle, Wash. 98105).
(3) Transport of Radioactive Material in the United States (NUREG- 0073), U.S. Nuclear Regulatory Commission, Office of Standards Development, May 1976 (single copies may be obtained by writing to Division of Technical Information and Document Control, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555).
(4) Environmental Survey of Transportation of Radioactive Materials to and from Nuclear Power Plants (WASH-1238), U.S. Atomic Energy Commission, Directorate of Regulatory Standards, December 1972 (copies available from the National Technical Information Service for $7.25).
In addition, the Nuclear Regulatory Commission has contracted for a generic environmental assessment on transportation of radioactive materials near or through large densely populated areas. Results of this effort will be considered as they become available.
The items listed are available for public inspection in the MTB dockets room. Copies may be obtained from the publishing agencies or, where indicated, from the National Technical Information Service, Springfield, Va. 22161 (payment to NTIS should be enclosed).
C. The need for consistent rules. Consistency among Federal, State, and local transportation requirements affects both efficiency and safety in transportation. For highway transpor- tation, differences in regulatory requirements may affect safety in a number of ways, such as—
(1) Routes used may not be the best available;
(2) Confusion resulting from differences in locally enforced rules may result in non- compliance with either Federal or local rules;
(3) Rerouting that results from a locally imposed rule may have unconsidered effects on other localities, especially on their emergency responsibilities.
However, regulatory uniformity may not be always desirable or possible, due to local transportation conditions and the emergency responsibilities of local authorities. There are therefore practical limits on the possible scope of uniform or exclusive HMTA routing requirements that might be developed in this docket.
II. S ome P ossible R egulatory Alternatives
Four alternatives are outlined below, to illustrate several procedures which might be used to regulate highway routing of radioactive materials. MTB is not proposing to employ any of the alternatives. They are outlined merely as illustrations of available HMTA authority. As illustrations, they reflect differences in State and local decisionmaking participation, differences in cost to governments, business, and consumers, and differences in judgment as to the necessity for additional Federal scrutiny of radioactive materials carriage by highway. The first three alternatives are probably in ascending order of stringency, cost, and degree of DOT rulemaking scrutiny. A draft regulatory evaluation, available for inspection in the public docket, tentatively concludes the implementation of the regulatory examples below would probably not have major economic consequences under Executive Order 12044.
A. Require compliance by radioactive materials highway carriers with a general routing rule to be established by MTB. The test of 49 CFR 397.9 might serve as a model for development of a general routing requirement (variations would require an exemption under part 107). Specific route approval or licensing of highway carriers would not be necessary or possible.
B. Require each highway carrier to be licensed only for variance from radioactive materials routes permitted under a generally applicable MTB routing rule, but permit voluntary licensing. Alternative B, a partial licensing scheme, would have many of the features of alternative C, a full licensing scheme, outlined below. However, alternative B would involve the establishment of a general Federal routing rule under which much or most highway carriage of radioactive materials would occur, with specific route approval required only for carriage operations that depart from the general rule. Both the general rule, as well as any specific route approvals, might consider, in addition to actual routes, matters such as carrier fitness, travel times, and availability of alternate methods of transportation other than highway carriage. The general rule, or a specific route approval, would be sufficient authority for highway carriage operations conducted in compliance with applicable Federal requirements, and State Rnd local requirements not consistent with those Federal requirements would be preempted.
This alternative could also provide for specific route approval, when justified, on a voluntary basis upon application by a carrier, or as a requirement upon application from a State or local government. Specific route ap-
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36494 PROPOSED RULES
proval would be used primarily for situations involving unusual local conditions or routes involving substantial controversy.
C. Require each highway carrier to he licensed for each radioactive material route. This alternative would require each highway carrier to obtain prior MTB approval of any route to be used in the transportation of radioactive materials. The carrier might file proposed routes supported by a statement of safety and jurisdictional considerations. Public comment would be solicited. If the carrier’s proposal were accepted by MTB, it would authorize carrier operation under the plan for a certain term, perhaps 2 years. Plan approval would preempt State and local requirements not consistent with it, but could make federally enforceable those State and local requirements affecting the carrier which arfe consistent with the plan. In some cases, special locally imposed requirements might be expressly incorporated into the plan by the carrier or MTB.
It would be necessary to establish some general criteria by which route plans could be judged. As in alternative B, matters which might be examined could include carrier fitness, travel times, and availability of alternate methods of transportation. Such criteria additionally would be useful to carriers in preparing plans, and to State and local governments in administering their highway regulatory programs.
At the end of the term, a carrier could file for renewal. At that time his safety record, and conditions affecting his performance, could be evaluated, again by a public process. Under some circumstances, and subject to procedural considerations, the carrier’s plan approval could be revoked or modified before the term had run.
This alternative would make it impossible to move a designated radioac
tive material by highway unless the route used were previously approved by MTB. Consequently, existing routing practices would have to be phased out gradually, to reduce confusion and commercial disruption. The mechanics of this alternative resemble those of the process now used by MTB in issuing exemptions. Implementing this alternative may require substantial administrative resources. -
D. Invite the Nuclear Regulatory Commission to consider routing restrictions for its licensees. The Nuclear Regulatory Commission addresses routes used to transport special nuclear materials (10 CFR part 73) and has the authority to consider routing in both regulatory and licensing proceedings.
III. R equest for Comment
Comment is solicited on the preceding discussion and on the questions below.
Should radioactive materials be subject to more stringent Federal highway routing requirements than now imposed by 49 CFR 379.9?
(A) If soil) What types, quantities and forms of
radioactive materials should be considered?(2) What benefits might be achieved?(3) What factors in addition to population
density and highway conditions should be considered in connection with routing? Should those factors include such things as emergency response training for drivers, special, equipment, or the operating convenience and efficiency of the carrier? Should these factors be considered in place of routing?
(4) How would additional Federal rules impact State and local regulatory programs, or emergency response capabilities? To what extent is greater uniformity in State and local requirements desirable, and to what extent achievable through Federal rulemaking?
(5) What kind of Federal rule is desirable? Is a generalized DOT requirement preferable to a procedure that entails an individual DOT examination of some or all routes?
Do local conditions affecting route selection necessitate individual Federal examination? If detailed examination of highway routes is necessary, by what procedures should it be accomplished?
(6) What additional costs may be involved if new routing rules are developed and implemented? How are those costs likely to affect shippers, carriers, Federal, State, and local governments, utilities, and the public?
(B) If not—(1) What are the likely costs and benefits
of taking no action?(2) Do existing disparities between State
and local rules concerning highway carriage of radioactive materials need to be harmonized? If so, how?
A hearing will be held to consider views on this advance notice, at a time and place to be subsequently announced. Drafters of this document are Douglas A. Crockett, Office of Hazardous Materials Regulation, MTB, and George W. Tenley, Office of the Chief Counsel, Research and Special Programs Administration.
Commenters are advised that section 105(b) of the HMTA requires DOT to consult and cooperate with the Interstate Commerce Commission before issuing any regulation with respect to the routing of hazardous materials.
A uthority: 49 U.S.C. 1803, 1804, 1808; 49 CFR 1.53(e) and paragraph (a)(4) of app. A to part 102.
N ote.—The Materials Transportation Bureau has determined that this advance notice will not result in a major economic impact under the terms of Executive Order 12044 and DOT implementing procedures (43 FR 9582). A regulatory evaluation is available in the docket.
Issued in Washington, D.C., on August 10,1978.
D ouglas A. Crockett, Acting Associate Director for
Hazardous Materials Regulation, Materials Transportation Bureau.
[FR Doc. 78-22738 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36495
noticesThis section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices o^ 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. *
[1505-01]DEPARTMENT OF AGRICULTURE
Federal Grain Inspection Service
G R A IN STANDARDS
N am e Change fo r Lubbock Grain Exchange, Inc., Lubbock, Tex.
CorrectionIn PR Doc. 78-21716, appearing on
page 34513 in the issue for Friday, August 4, 1978, in the fourth paragraph, the company name should not have been abbreviated and therefore should be corrected to read “Lubbock Grain Inspection and Weighing, Incorporated”.
[3410-16]
Soil Conservation Service
RCA N A T IO N A L PUBLIC MEETINGS
AGENCY: Soil Conservation Service (SCS).ACTION: The Soil Conservation Service announces a series of public meetings to be held September 1978. (See schedule, RCA National meetings, appendix 1.) These meetings fulfill the national portion of the public participation activities related to the Soil and Water Resources Conservation Act of 1977, Pub. L. 95-192, as described in the F ederal R egister, Vol. 43, No. 118, June 5,1978.SUMMARY: The Soil and Water Resources Conservation Act of 1977, Pub. L. 95-192, was enacted to help address concerns related to the growing demands on these resources to meet present and future needs. This Act calls for the Secretary of Agriculture, in cooperation with conservation districts and State soil conservation agencies, to appraise the Nation’s soil and water resources and develop a national conservation program. The Secretary delegated this responsibility to SCS. The Act also calls for widespread public participation in these efforts. The National Association of Conservation Districts (ÑACD) is cooperating with SCS to involve the public. (See “fact sheet: The Soil and Water Resources Conservation Act of 1977 (Pub. L. 95-192),” appendix 2.) As one means of providing opportunities for partici-'
pation, SCS is inviting individuals with national or multi-State viewpoint and national leaders of academic, business, industry, citizen, environmental and governmental organizations to public meetings. The purposes of these meetings are to present the features of the Resources Conservation Act, describe the appraisal and policy development process and the public’s role in it, then listen as participants give their views on pertinent national so|l and water conservation issues. (See “suggested topics on which the public may comment at RCA national public meetings,” appendix 3.)FOR FURTHER INFORMATION:
Interested individuals may present their views at these meetings or in writing* to Mr. Richard L. Duester- haus, Assistant Administrator for Planning and Evaluation, Soil Conservation Service, U.S. Department of Agriculture, P.O. Box 2890, Washington, D.C. 20013, telephone number 202-447-7705. Deadline date for written comments is September 30, 1978.Dated: August 14,1978.
V ictor H. Barry, Jr., Deputy Administrator
for Programs.Appendix 1.
RCA NATIONAL MEETINGS
August 9,1978.
Monday, September 11, 1978, 9:30 a.m.Jefferson Auditorium, South Building (Be
tween 5th and 6th wings),’ U.S. Department of Agriculture, 14th and Independence Avenue SW„ Washington, D.C. 20250.
Friday, September 15, 1978, 2 p.m.Saturday, September 16,1978, 10 a.m.
Americana Inn of Six Flags, 601 Avenue H East, Arlington, Tex. 76011. (Interstate 30 at Route 360 North Exit.)Tuesday, September 19, 2 p.m. and 7 p.m.
Oakland Airport Hilton Hotel, No. 1 Hegen- berger Road, Oakland, Calif. 94614.
Monday, September 25,1978, 10 a.m.Holiday Inn Airport, 1380 Virginia Aveiiue,
Atlanta, Ga. 30320. (Interstate 85 at Virginia Avenue Exit South of Atlanta.)
Tuesday, September 26, 1978,10 a.m.Ohare Motor Inn, 3939 North Manneheim
Road, Schiller Park, 111. 60176. (Approximately 5 miles from Ohare Airport.)
Appendix 2.Fact Sheet: The Soil and Water Resources
Conservation Act of 1977 (Pub. L. 95-192).What: The Resources Conservation Act
requires:1. An appraisal of America’s soil, water,
and related resources;2. A national soil and water conservation
program to guide conservation efforts for protecting and improving our resources; and
3. An annual evaluation report to Congress on the program’s progress and effectiveness.
The public will participate in carrying out the requirements of the law.
Who: The Soil Conservation Service will implement the Act in cooperation with conservation districts, State soil and water conservation agencies, citizen groups and individuals.
When: The national program will be completed during 1979 and sent to Congress in early 1980.
Objectives: The appraisal will assess the Nation’s soil, water, and related resources including fish and wildlife habitats and determine their capabilities and limitations for current and future needs. It will evaluate changes in our resources resulting from past use and farming techniques.
The 5-year national soil and water conservation program based on the appraisal will be the guide for future USDA soil and water conservation efforts. It will analyze resource problems, existing guidelines in dealing with them, and effectiveness of ongoing soil and water conservation programs. Alternative - methods of achieving conservation goals will be considered at well as their costs and benefits.
The evaluation report, which will accompany the President’s budget, will assess the program’s effectiveness and recommend future action—possibly including new legislation.
The law specifically requires public participation and opinion in evaluating resource problems and developing the Nation’s soil and water conservation program. Interested individuals can offer ideas and suggestions.
Appendix 3.
SUGGESTED TOPICS ON W H ICH THE PUBLIC MAY COMMENT AT RCA NATIONAL PUBLIC MEETINGS
Public participation activities related to the Resources Conservation Act are being conducted at the national level. The public is asked to comment on a variety of topics of national scope. Any or all of the following are suggested as appropriate for comment:
1. The Nation’s soil, water, and related resource problems;
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36496 NOTICES
2. The quality and quantity of soil, water, and related resources, including fish and wildlife habitats;
3. The capability and limitations of those resources for meeting current and projected demands on the resource base;
4. The changes that have occurred in the status and condition of those resources resulting from various past uses, including the impact of farming technologies, techniques, and practices;
5. Current Federal laws, policies, programs, rights, regulations, ownerships, and their trends and other considerations relating to the use, development, and conservation of soil, water, and related resources;
6. Existing Federal Government authorities and adjustments needed for conserving these resources;
7. The effectiveness of the soil and water conservation programs and the overall progress being achieved by Federal programs and the land owners and land users in meeting soil and water conservation objectives;
8. Alternative methods for the conservation, protection, environmental improvement, and enhancement of soil and water resources, in the context of alternative time frames, and a recommendation of the preferred alternatives;
9. The costs and benefits of alternative soil and water conservation practices;
10. The Federal and non-Federal inputs required to implement a national soil and water conservation program;
11. Alternative irrigation techniques regarding their costs, benefits, and impact on soil and water conservation, crop production, and environmental factors;
12. The practicability, desirability, and feasibility of collecting organic waste materials, including manure, crop and food wastes, industrial organic waste, muncipal sewage sludge, logging, and wood-manufacturing residues, and any other organic refuse, compositing, or similarly treating such materials, transporting and placing such materials onto the land to improve soil filth and fertility, the projected cost of such collection, transportation, and placement in accordance with sound locally approved soil and water conservation practices.
13. Other pertinent soil, water, and related resources conservation issues.
[FR Doc. 78-23088 Filed 8-16-78; 8:45 am]
[3410-16]ARTHUR DODD MEM ORIAL ROADSIDE PARK
WATER-BASED RECREATION R.C. A D. MEASURE, M IC H IG A N
Intent N ot To Prepare an Environmental Impact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, UJS. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Arthur Dodd Memorial Roadside Park Water-Based Recreation R.C. & D. Measure, Cass County, Mich.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. Arthur H. Cratty, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project.
The measure concerns a plan for water-based recreation. The planned works of improvement will be installed on about 51 acres of land along about 2,700 feet of Dowagiac Creek. Planned development includes installation of picnic sites, picnic shelters, playground equipment, parking areas, wells, recreation walkways with foot bridges, fencing, access road for trash pickup, restrooms, repair of existing water control structure, signs, seeding, fertilizing and mulching of disturbed areas. Total basic facilities costs are approximately $102,090: $204,045 R.C. & D. funds; and $102,045 local funds.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. Arthur H. Cratty, State Conservationist, Soil Conservation Service, 1405 South Harrison Road, East Lansing, Mich. 48823, telephone 517-372-1910, extension 242. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18, 1978.(Catalog of Federal Domestic Assistance Program No. 10.901-, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11,1978.Edward E. Thomas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23079 Filed 8-16-78; 8:45 am]
[3410-16]FIFIELD HILL CRITICAL AREA TREATMENT R.C.
& D. MEASURE, M IC H IG A N
Intent N ot to Prepare an Environmental Impact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the
Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Fi- field Hill Critical Area Treatment R.C. & D. Measure, Van Buren County, Mich.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. Arthur H. Cratty, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project.
The measure concerns a plan for critical area treatment. The planned works of improvement include construction of one catch basin on each side of Decatur Road with 140 feet of 12-inch corrugated metal bipe to carry the water into a sediment seepage basin. The sediment seepage basin is 115' x 70' and will be fenced. All disturbed areas will be seeded, fertilized and mulched. Total construction cost is estimated to be $13,625: $9,125 R.C. & D. funds; and $4,500 local funds.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. Arthur H. Cratty, State Conservationist, Soil Conservation Service, 1405 South Harrison Road, East Lansing, Mich. 48823, telephone 517-372-1910 extension 242. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and inerested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18,1978.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11,1978.Edward E. Thomas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23080 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
[3410-16]
JEFFERSON COUNTY H IG H SCHOOL CRITICALAREA TREATMENT R.C. & D. MEASURE,FLORIDA
Intent N ot To Prepare an Environmental Impact Statem ent
Pursuant to section 102(2X0 of the National Erivironmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Jefferson County High School Critical Area Treatment R.C. & D. Measure, Jefferson County, Fla.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William E. Austin, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project. . /
The measure concerns a plan for stabilizing critically eroding areas. The planned works of improvement include a paved access road, paved parking lot, paved channel, grassed waterway and diversions, sodding, seeding and mulching, concrete headwalls, riprap energy dissipation structure, and corrugated metal pipe.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. WilliamE. Austin, State Conservationist, Soil Conservation Service, 401 Southeast First Avenue, Gainesville, Fla. 32601, telephone 904-377-8732. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18,1978.(Catalog of Federal. Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590-f, q).)
NOTICES
Dated: August 11,1978.E dward E. T homas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23081 Filed 8-16-78; 8:45 am]
[3410-16]
LEUTZINGER-LOWE RUN WATERSHED, IO W A
Intent N ot To Prepare an Environmental Impact Statem ent
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Leutzinger-Lowe Run Watershed, Muscatine County, Iowa.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William J. Brune, State Conservationist, has determined that the preparation and review of an environmental impact statement is not needed for this project.
The project concerns a plan for floodwater and sediment control. The planned works of improvement include two grade stabilization structures and channel work between them.
The notice of intent to not prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment is on file and may be reviewed by interested parties at the Soil Conservation Service, 693 Federal Building, 210 Walnut Street, Des Moines, Iowa 50309, 515-284-4260. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal is available to fill single copy requests.
No administrative action on implementation of the proposal will be taken until September 18, 1978.(Catalog of Federal Domestic Assistance Program No. 10.904, Watershed Protection and Flood Prevention Program—Pub. L. 83- 566, (16 U.S.C. 1001-1008).)
36497
Dated: August 11, 1978.J oseph W. H aas,
Assistant Administrator for Water Resources, Soil Conservation Service, U.S. Department of Agriculture.
[FR Doc. 78-23089 Filed 8-16-78; 8:45 am]
[3410-16]
PENNYRILE R.C. & D. AREA CRITICAL AREATREATMENT R.C. & D. MEASURES, KENTUCKY
Intent N ot To Prepare Environmental Impact Statements
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that environmental impact statements are not being prepared for the Pennyr- ile R.C. & D. Area Critical Area Treatment R.C. & D. Measures in Caldwell, Christian, Crittenden, Hopkins, Livingston, Lyon, Muhlenberg, Todd, Trigg, Union, and Webster Counties, Ky.
The environmental assessment of these federally assisted actions indicates that the projects will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. Glen E. Murray, State Conservationist, has determined that the preparation and review of environmental impact statements are not needed for this project.
The measures concern plans for critical area treatment. The planned works of improvement include seedbed preparation, fertilization seeding, mulching, and netting as needed for establishment of permanent vegetation.
The notice of intent not to prepare environmental impact statements has been forwarded to the Environmental Protection Agency. The basic data developed dtu*ing the environmental assessment are on file and may be reviewed by contacting Mr. Glen E. Murray, State Conservationist, Soil Conservation Service, 333 Waller Avenue, Lexington, Ky. 40504, telephone 606-233-2749. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18, 1978.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36498 NOTICES
and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11,1978.E dward E. T homas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[PR Doc. 78-23082 Piled 8-16-78; 8:45 am]
[3410-16]Q U IN C Y GULLIES CRITICAL AREA TREATMENT
R.C. & D. MEASURES, FLORIDA
Intent N ot To Prepare cm Environmental Impact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of .1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Quincy Gullies Critical Area Treatment R.C. & D. Measure, Gadsden County, Fla.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William E. Austin, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project.
The measure concerns a plan for gully stabilization. The planned works of improvement include corrugated metal pipe implacements, concrete inlet structures, timber bent structures, riprap plunge basins, subsurface drain pipe, fencing, sodding, earth fill, and seedbed preparation.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. WilliamE. Austin, State Conservationist, Soil Conservation Service, 401 Southeast First Avenue, Gainesville, Fla. 32601, telephone 904-377-8732. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18, 1977.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11,1978.E dward E. T homas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23086 Filed 8-16-78; 8:45 am]
[3410-16]QUIET-WATER BEACH WATER-BASED
RECREATION R.C. & D. MEASURE, FLORIDA.
In tent N ot To Prepare an Environmental Impact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Quiet-Water Beach Water-Based Recreation R.C. & D. Measure, Escambia County, Fla.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William E. Austin, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project.
Thè measure concerns a plan for water-based recreation. The planned works of improvement include the construction of a wood-based pier and beach pavilion.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. William E. Austin, State Conservationist, Soil Conservation Service, 401 Southeast First Avenue, Gainesville, Fla. 32601, telephone 904-377-8732. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18, 1978.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11, 1978.E dward E. T homas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23085 Filed 8-16-78; 8:45 am]
[3410-16] ,SANTA ROSA COUNTY ROADSIDE CRITICAL
AREA TREATMENT MEASURE, FLORIDA
In ten t N ot To Prepare an Environm ental Impact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Santa Rosa County Roadside Critical Area Treatment R.C. & D. Measure, Santa Rosa County, Fla.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William E. Austin, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project.
The measure concerns a plan for stabilizing critically eroding areas. The planned works of improvement include concrete flumes, sodding, seeding of disturbed areas, and culvert replacements.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. William E. Austin, State Conservationist, Soil Conservation Service, 401 Southeast First Avenue, Gainesville, Fla. 32601, telephone 904-377-8732. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18,1978.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q>.)
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36499
Dated: August 11,1978.Edward E. T homas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23083 Filed 8-16-78; 8:45 am]
[3410-16]
STANLEY GULLY CRITICAL AREA TREATMENT R .C & D. MEASURE, FLORIDA
Intent N o t To Prepare an Environm ental Im pact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Soil Conservation Service Guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Stanley Gully Critical Area Treatment R.C. & D. Measure, Walton County, Fla.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William E. Austin, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this subject.
The measure concerns a plan for gully stabilization. The planned works of improvement include a concrete lined waterway, sodding, earth filL and seedbed preparatioin with mulching.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. WilliamE. Austin, State Conservationist, Soil Conservation Service, 401 Southeast First Avenue, Gainesville, Fla. 32601, telephone 904-377-8732. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18,1978.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11, 1978.Edward E. Thomas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23084 Filed 8-16-78; 8:45 am]
[3410 -16 ]UNIVERSITY O F WEST FLORIDA CRITICAL
AREA TREATMENT R .C & D. MEASURE,FLORIDA
In ten t N e t To Prepare an Environmental Impact Statem ent
Pursuant to section 102(2X0 of the National Environmental Policy Act of 1969; the Council on Environmental Quality guidelines (40 CFR Part 1500); and the Soil Conservation Service guidelines (7 CFR Part 650); the Soil Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the University of West Florida critical area treatment R.C. 6s D. measure, Escambia County, Fla.
The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Mr. William E. Austin, State Conservationist, has determined that the preparation and review of an environmental impact statement are not needed for this project.
The measure concerns a plan for stabilizing critically eroding areas. The planned works of improvement include grade stabilization structures, earthen dikes, diversions, a concrete ditch, an underground conduit, riprap, a plunge basin, and establishment of vegetation on denuded and disturbed areas.
The notice of intent not to prepare an environmental impact statement has been forwarded to the Environmental Protection Agency. The basic data developed during the environmental assessment are on file and may be reviewed by contacting Mr. William E. Austin, State Conservationist, Soil Conservation Service, 401 Southeast First Avenue, Gainesville, Fla. 32601, telephone 904-377-8732. An environmental impact appraisal has been prepared and sent to various Federal, State, and local agencies and interested parties. A limited number of copies of the environmental impact appraisal are available to fill single copy requests at the above address.
No administrative action on implementation of the proposal will be taken until September 18,1978.(Catalog of Federal Domestic Assistance Program No. 10.901, Resource Conservation and Development Program—Pub. L. 87-703, (16 U.S.C. 590a-f, q).)
Dated: August 11,1978.Edward E. Thomas,
Assistant Administrator for Land Resources, Soil Conservation Service.
[FR Doc. 78-23087 Filed 8-16-78; 8:45 am]
[6320-01]CIVIL AERONAUTICS BOARD
[Docket 33091)FLORIDA SERVICE CASE
Prehearing Conference
Notice is hereby given that a per- hearing conference in the above-entitled matter is assigned to be held on September 19, 1978, at 10 a.m. (local time) in room 1003, Hearing room A, Universal Building North, 1875 Connecticut Avenue NW„ Washington, D.C., before Administrative Law Judge William H. Dapper.
In order to facilitate the conduct of the conference, parties are instructed to submit one copy to each party and four copies to the Judge of (1) proposed statements of issues; (2) proposed stipulations; (3) proposed requests for information and for evidence; (4) statements of positions; and(5) proposed procedural dates. The Bureau of Pricing and Domestic Aviation will circulate its material on or before September 6, 1978, and the other parties on or before September 13, 1978. The submissions of the other parties shall be limited to points on which they differ with the Bureau of Pricing and Domestic Aviation, and shall follow the numbering and lettering used by the Bureau to facilitate cross-referencing.
Dated at Washington, D.C., August11,1978.
W illiam H. D apper, Administrative Law Judge.
[FR Doc. 78-23040 Filed 8-16-78; 8:45 am]
[6320-01]
[Order 78-8-49; Docket 30777; Agreement C.A.B. 27217, 27195; R -l and R-2]
INTERNATIONAL AIR TRANSPORT A SSOCIATIO N
Currency M atters and Passenger Fares; O rder
Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the 10th day of August 1978.
Order 78-4-134, April 20, 1978, established procedures for the receipt of carrier justification, comments and replies on an agreement relating to currency matters filed by the International Air Transport Association. The agreement proposes a six-percent surcharge on U.S.-originating passenger fares for travel to Japan, Hong Kong,
FEDERAL REGISTER, VO L . 43, N O . 160— THURSDAY, AUGUST 17, 1978
36500 NOTICES
South Korea, Malaysia, Singapore, and Brunei to compensate for the recent depreciation in the value of the U.S. dollar.
Justification has been submitted by Pan American World Airways, Inc. (Pan American) and by Japan Air Lines Company, Ltd. (JAL). Comments opposing application of the surcharge at Seattle have been filed by the Puget Sound Traffic Association (PSTA). Northwest Airlines, Inc. (Northwest), a non-IATA carrier, states that it does not intend to apply the IATA-agreed surcharge on its services.
In support of the agreement, Pan American states that the surcharge is needed primarily to compensate foreign-flag carriers for dollar devaluation-related losses on their U.S. operations; and that the surcharge will have a minimal impact on Pan American’s North/Central Pacific earnings and will not give it an excessive return.1
JAL submits that the erosion of the dollar against the Japanese yen has resulted in a substantial directional disparity in U.S./Japan fares;2 that the Board has recognized that a devaluation may warrant a fare increase if the value of foreign carriers’ profits on revenues earned in the United States in devalued dollars is reduced when the funds are remitted to the home country; that during the year ended March 1977, JAL earned $120 million in the United States for its North/ Central Pacific passenger operations, then equaivalent to 10.72 billion yen, but this dollar amount is now worth only 8.621 billion yen for a devaluation-related loss of 2.1 billion yen or $8.8 million; and that the proposed surcharge will produce $7.2 million in additional revenue, which will still leave JAL short of its pre-devaluation position.
PSTA states that while a devaluation-related surcharge may be justified on some routes, it should not be applied to fares from Seattle, since Northwest, the only U.S. carrier operating between Seattle and the Orient, is highly profitable, and no foreign- flag carriers serve Seattle.
Separate Agreement C.A.B. 27195 proposes general increases of $10 or $20 in all fares.
The Board has been unable to reach a majority on the question of approval of these agreements. Chairman Kahn
‘Pan American’s forecast for scheduled combination services indicates that the proposed surcharge would increase its return on investment by less than a percentage point, to about 8.5 percent.
* JAL notes that from April 1976 through March 1977 the monthly average official rate of exchange was 293.67 yen=$1.00, but during the period December 1977 through April 1978, the average rate was 236.16 yen=$1.00.
and Vice Chairman Minetti would disapprove the agreements; Members O’Melia and Bailey would approve them. Therefore the agreements are not approved.3
Accordingly, it is ordered, That:1. Agreements C.A.B. 27217, R -l and
C.A.B. 27195, R-2, are not approved; and
2. Agreement C.A.B. 27195, R-l, is approved.4
This order will be published in the F ederal R egister.
P hyllis T . K aylor, Secretary.
[PR Doc. 78-23042 Piled 8-16-78; 8:45 am]
[6320-01][Docket 30699]
O A K LA N D SERVICE CASE
Environm ental Rejection in Part and Announcem ent o f Preparation o f Environmental Im pact Statem ent
By Order 78-4-121, dated April 19, 1978, the Board directed all applicants who had not already done so to file the environmental evaluation required by part 312.12 of the Board’s procedural regulations (14 CFR 312.12). The Board directed that those evaluations be filed by July 19, 1978, or within 15 days after the carrier filed its application, whichever is later.
Of the six original applicants in the case, only Hughes Airwest filed an environmental evaluation by July 19. DHL, which filed its application later, also submitted an environmental ea- luation. Although we did not have evaluations from the other carriers to aid us, we were able to forecast a range of service levels likely to be offered should all of the applications be granted.
Our forecasts, which assumed 65 percent load factors, price elasticity ranging from —.7 to —2.0, average fares ranging from 60 to 75 percent of DPFI coach levels, and varying degrees of flow and connecting traffic, produced the following projections:
MarketNumber of
weekly round trips
Equipment*
Albuquerque.................... ......... 7-14 DC-9Atlanta............................. ......... 7-14 727Boston.............................. ......... 7-13 DC-8, 707Chicago............................ 707, DC-8Dallas/Fort Worth......... ......... 7-20 DC-8, 707Denver................... .......... 727, DC-8
*We will approve Agreement C.A.B. 27195, R -l, which does not involve increases to or from U.S. points, but has indirect application in air transportation as defined by the Act.
4 All Members concurred.
MarketNumber of
weekly round trips
Equipment*
Detroit...................................... „ 7-11 N/A; 727„ 7-14 727
Kansas City............................. .. 0-7 N/A, 727Minneapolis/St. Paul......... . .. 7-14 707, 727
.. 7-8 737, 707
.. 14-21 727, 707Portland................................... .. 0-14 N/A, 727Salt Lake City................ ........... 7-18 727, 737
„ 28-35 737, DC-8
Total Oakland Airport LTO’s..................................... 133-259
•The type of equipment employed may depend on the volume of traffic projected. Where the type of aircraft expected to be used differs for the high and low estimates, the low estimate equipment type is listed first.
Using the high end of this range, which represents the worst case environmentally, we conducted our noise and pollutants screening tests1 for each of the 16 cities which would be affected by the proposed awards. Based on the results of these tests, I, having been designated by the Director of the Bureau of Pricing and Domestic Aviation, have concluded that with respect to the cities of Albuquerque, Atlanta, Boston, Chicago, Dallas/ Fort Worth, Denver, Detroit, Houston, Kansas City, Minneapolis/St. Paul, Philadelphia, Phoenix, Portland, Salt Lake City and Seattle, any subsequent action approving, denying or otherwise acting on the applications would not constitute a “major Federal action significantly affecting the quality of the h um an environment” within the meaning of section 102(2)(c) of the National Environmental Policy Act of 1969.
With respect to Oakland, however, the thresholds of our screening tests were exceeded, indicating that further study is necessary. Accordingly, an environmental impact statement will be prepared assessing the effect of the proposed action on the San Francisco Bay area and, especially, the area surrounding Oakland Airport. We will endeavor to complete the draft statement by August 18. After allowing 45 days for comments on the draft, we will issue a final statement.'
Dated at Washington, D.C., August14,1978.
P aul L. G retch,Chief Legal Processing Division,
Bureau of Pricing and Domestic Aviation.
[FR Doc. 78-23041 Filed 8-16-78; 8:45 am]
‘See part 312 of the Board’s Procedural Regulations, 14 CFR 312.
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36501[3510-07]
DEPARTMENT OF COMMERCE
Bureau o f the Census
CENSUS A DVISO RY COMMITTEE OF THE AM ERICAN STATISTICAL ASSOCIATIO N
Public M eeting
Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. appendix (1976), notice is hereby given that the Census Advisory Committee of the American Statistical Association will convene on September 7 and 8, 1978, at 9 a.m. The Committee will meet in room 2424, Federal Building 3 at the Bureau of the Census in Suit- land, Md.
The Census Advisory Committee of the American Statistical Association was established in 1919. It advises the Director, Bureau of the Census, on the Bureau’s programs as a whole and on their various parts, considers priority issues in the planning of censuses and surveys, examines guiding principles, advises on questions of policy and procedures, and responds to Bureau requests for opinions concerning its operations.
The Committee is composed of 15 members appointed by the President of the American Statistical Association.
The agenda for the September 7 meeting, which will adjourn at 5:30 p.m. is: (1) Topics of current interest at the Bureau of the Census, including staff changes and Bureau organization, and major budget and program developments; (2) evaluation of Bureau public information campaigns;(3) Foreign Trade Export Statistics Program; (4) National Academy of Sciences report on privacy and confidentiality; (5) 1980 post-enumerationsurvey; and (6) development of Committee recommendations.
The agenda for the September 8 meeting, which will adjourn at 12:30 p.m; is: (1) Committee discussion of recommendations; (2) Bureau electronic data processing—status, problems, and plans; (3) report of the Special Panel on Decennial Census Plans; (4) beginning of the ASA/NSF project on seasonal adjustment; (5) discussion on Bureau responses to prior Committee recommendations, status of specific Bureau activities, and Bureau activities described at earlier Committee meetings; and (6) Committee recommendations, plans, and agenda items for the next meeting.
The meeting will be open to the public, and a brief period will be set aside on September 8 for public com? ment and questions. Extensive questions or statements must be submitted in writing to the Committee Control Officer at least 3 days prior to the meeting;
Persons wishing additional information concerning this meeting or who wish to submit written statements may contact the Committee Control Officer, Mr. James L. O’Brien, Acting Chief, Statistical Research Division, Bureau of the Census, Room 3573, Federal Building 3, Suitland, Md. (Mail address: Washington, D.C. 20233). Telephone, 301-763-5350.
Dated: August 11,1978.Manuel D. P lotkin ,
Director, Bureau of the Census.[FR Doc. 78-23009 Filed 8-16-78; 8:45 am]
[3510-24]
Economic D evelopm ent Adm inistration
COHAN-EPNER C O M P A N Y , IN C . ET AL
Petitions for Determ inations o f E ligibility to A p p ly fo r Trade Adjustm ent Assistance
Petitions were accepted for filing from three firms: (1) Cohan-Epner Co., Inc., 55 Meadow Street, Brooklyn, N.Y. 11206, a plater of watchbands, watchcases, pens and pencils, jewelry and novelties; (accepted August 3, 1978); (2) Rest-Right Slipper, Inc., 580 Broadway, New York, N.Y. 10012, a producer of women’s footwear; (accepted August 9, 1978); and (3) Car- done and Baker, Inc., 214 Duffield Street, Brooklyn, N.Y. 11201, a producer of women’s footwear (accepted August 9, 1978). The petitions were submitted pursuant to Section 251 of the Trade Act of 1974 (Pub. L. 93-618) and section 315.23 of the adjustment assistance regulations for firms and communities (13 CFR Part 315).
Consequently, the United States Department of Commerce has initiated separate investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each 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 each 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 business on the tenth calendar day following the publication of this notice.
J ack W. Q sburn, J r ., Chief, Trade Act Certification
Division, Office of Planning and Program Support.
[FR Doc. 78-22984 Filed 8-16-78; 8:45 am]
[3510-25]
Industry and Trade Adm inistration
BROOKHAVEN N ATIO N A L LABORATORY
Applications for Duty-Free Entry o f Scientific Articles
The following are notices of the receipt of applications for duty-free entry of scientific articles pursuant to section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-651; 80 Stat. 897). Interested persons may present their views with respect to the question of whether an instrument or apparatus of equivalent scientific value for the purposes for which the article is intended to be used is being manufactured in the United States. Such comments must be filed in triplicate with the Director, Statutory Import Programs Staff, Bureau of Trade Regulation, U.S. Department of Commerce, Washington, D.C. 20230, within 20 calendar days after the date on which this notice of application is published in the F ederal R egister.
Regulations (15 CFR 301.9) issued under the cited act prescribe the requirements for comments.
A copy of each application is on file, and may be examined between 8:30 a.m. and 5 p.m., Monday through Friday, in room 6886C of the Department of Commerce Building, 14th and Constitution Avenue NW. Washington, D.C. 20230.
Docket No. 78-00343. Applicant: The Salk Institute for Biological Studies, P.O. Box 1809, San Diego, Calif. 92112. Article: Fluorescence amino acid analyzer, Liquimat III and spare parts. Manufacturer: Kontron Ltd., Switzerland. Intended use of article: The article is intended to be used for the determination of amino acid compositions of newly isolated biologically active peptides (which are available in quantities of typically one-millionth of 1 gram only) as well as for the determination of amino acid sequence of newly isolated peptides. Furthermore, the article will be used for further developm ent^ all aspects of high-sensitivity amino acid analysis (improvements in sensitivity, simplicity, reliability, speed of analysis, etc.). Application received by Commissioner of Customs: July 20,1978.
Docket No. 78-00344. Applicant: Lenox Hill Hospital, 100 East 77th Street, New York, N.Y. 10021. Article: Double tilt-lift for EMU-101- electron microscope. Manufacturer: Siemens Corp., West Germany. Intended use of article: The article is an accessory to an electron microscope that will be used for the examination of portions of human bronchial mucosa, liver, kidney, and skin for abnormal content of inorganic substances that are capable of producing diseases. Application^
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36502 NOTICES
received by Commissioner of Customs: July 20, 1978,
Docket No. 78-00345. Applicant: Brookhaven National Laboratory, Upton, N.Y. 11973. Article: 2(ea.) Monochromator crystals. Manufacturer: Cristal Tec, France. Intended use of article: The article is intended to be used in a research program involving the study of the properties of solids using neutrons from the Brookhaven High Flux Beam Reactor. The neutrons emerge from the pile with a smooth distrubution of energies and by employing suitably oriented single crystals, called monochromators, neutrons of a single energy may be selected from the pile pectrum. These mon- oenergetic neutrons are then used in the study of the properties of solids. The CUzMnAl crystal also can be used to polarize the neutron beam so that the spins of the neutrons selected are alined as well as being monoener- getic. Application received by Commissioner of Customs: July 20, 1978.
Docket No. 78-00346. Applicant: Brookhaven National Laboratory, Upton, Long Island, N.Y. 11973. Article; Eight each neutron guide tubes and accessories. Manufacturer: Munich Technical University, West Germany. Intended use of article: The article is intended to be used in a research program involving the study of the properties of solids using slow neutrons from the Brookhaven High Flux Beam Reactor. A narrow beam of new- trons impinging on a solid will be broadened due to the interacton of the neutrons and the various inhomogeneities which is important in the materials sciences for nondestructive testing of metals and alloys. The neutron guide tubes are required to conduct and concentrate the beam of neutrons onto the materials being investigated. Application received by Commissioner of Customs: July 20, 1978.
Docket No. 78-00347. Applicant: National Radio Astronomy Observatory, P.O. Box 0, 1000 BUllock Boulevard NW., Socorro, N. Mex. 87801. Article: (3,000 each) TE j model circular waveguide and (3,000 each) coupling sleeves. Manufacturer: Sumitomo Electric Industries, Japan. Intended use of article: The articles are intended to be used as part of the Very Large Array radio telescope to transmit radio wavelength radiation received from extraterrestrial objects to recording apparatus. The study of this radiation enables astronomers to study the sources of energy, origin, and evolution of the universe. Application received by Commissioner of Customs: July 26, 1978.
Docket No. 78-00348. Applicant: Harvard Medical School, Department of Anatomy, 25 Shattuck Street, Boston, Mass. 02115. Article: Electron microscope, model JEM-100CX and accesso
ries. Manufacturer: JEOL Ltd., Japan. Intended use of article: The article is intended to be used to update an electron microscope facility for research involving localization of specific proteins in cells and tissues by scanning and transmission electron microscopy. Specific projects to be conducted will include the following:
(1) The relation of collagen and gly- cosaminoglycans to cells and the distribution of matrix components in developing tissues which are of importance in morphogenetic interactions between embryonic tissues.
(2) Immunolabeling of the clycoca- lyx on Rickettsiae and host cells.
(3) Localization of macromolecular secretagogues on intestinal epithelial cells.
(4) Mobility and topography of cell surface glycoproteins.
(5) Antigens on the surface of developing spermatogenic cells.
(6) Structural analysis of the sperm flagellar axoneme and its microtubule components.
The article will also be used in training postdoctoral research fellows in advanced electron microscopy. Application received by Commissioner of Customs: July 26,1978.
Docket No. 78-00349. Applicant: Harvard University (New England Regional Primate Research Ctr.), One Pine Hill Drive, Southboro, Mass. 01772. Article: Electron microscope, model JEM-100S and accessories. Manufacturer: JEOL Ltd., Japan. Intended use of article: The article is intended to be used for studies of biological materials including normal and abnormal tissues from nonhuman primates as well as a multitude of infectious agents, especially viruses, isolated from nonhuman primates. Experiments will be conducted to use the nonhuman primate as a model to study specific disease ‘problems of man with the hope of gaining a better understanding of those problems so as to benefit man. These experiments will include:
1. Fine structural analysis of new viral isolates as a crucial step in their identification and characterization.
2. Ultrastructural studies of the experimentally induced neoplastic and/ or transformed cells produced by the two primate oncogenic herpesviruses.
3. Determination of the morphological effects of new antiviral drugs on viral replication and on infected cell cultures treated in vitro.
4. Characterization of the ultra- structural lesions induced in nonhuman primates fed specific experimental diets.
5. Characterization of the ultrastructural features of certain age-related brain changes in nonhuman primates and compare them to analogous lesions found in aged human brains.
In addition, the article will be used in tlj£ conduct of a postdoctoral training program in c.omparative pathology. Application recéived by Commissioner of Customs: July 26, 1978.
Docket No. 78-00350. Applicant: University of North Carolina, Department of Pathology, 411 Preclinical Educational Building, 228H, Chapel Hill, N.C. 27514. Article: LKB 14800-3 Cryo- kit and accessories. Manufacturer: LKB Produkter AB, Sweden. Intended use of article: The article is intended to be used for studying the subcellular localization of heavy metals and the subcellular binding sites of various kinase antigens which may be affected by these metals in the brain, muscles, peripheral nerves, kidneys and livers of experimental animals. The article will also be used to instruct a limited number of postdoctoral and graduate students in ultracryomicrotomy when their research requires this technique. Application received by Commissioner of Customs: July* 26, 1978.
Docket No. 78-00351. Applicant: Mount Sinai School of Medicine, Fifth Avenue and 100th Street, New York, N.Y. 10029. Article: LKB 2128-010/U1- trotome IV Ultramicrotome and accessories. Manufacturer: LKB Produkter AB, Sweden. Intended use of article: The article is intended to be used for the study of brain tissues from experimental monkeys in research to further basic knowledge on brain ultrastructure and to reveal, at the ultrastructural level, the changes occurring during growth and development. Investigations will be conducted to understand early postnatal development and to correlate ultrastructural changes with behavioral maturation. By understanding these correlations, preventive measures for human diseases can be established. Application received by Commissioner of Customs: July 26, 1978.
Docket No. 78-00352. Applicant: Lutheran General Hospital, 1775 West Dempster Street, Park Ridge, 111. 60068. Article: LKB 2128-010 Ultro- tome IV Ultramicrotome and accessories. Manufacturer: LKB Produkter AB, Sweden. Intended use of article: The article is intended to be used in cutting sections of tissues (tumor biopsies, renal biopsies, muscle tissues) for electron microscopic examination in the following clinical research projects:
(a) Typing and identification of neoplastic conditions essential for patient’s treatment and prognosis.
(b) Diagnosis of renal diseases, particularly identification of types of various glomerulonephritis.
(c) Muscle biopsy tissues in clinical research of primary degenerative myopathies.
The electron microscopic material is also used for a pathology resident
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36503
training program as well as for training resident physicians in other disciplines, especially those in internal medicine. Application received by Commissioner of Customs: July 26, 1978.
Docket No. 78-00353. Applicant: Southern Illinois University, Center for Electron Microscopy, Carbondale,111. 62901. Article: Electron microscope, model H-500, goniometer stage with accessories. Manufacturer: Hitachi, Japan. Intended use of article: The article is intended to be used for the following research purposes:
1. Examination of thin sections of the fungus Diplodia maydis in com tissue to determine the penetration mechanism.
2. Thin section examination of the mussel, Mytilus edulis treated with various agents affecting photoactivity to study the phenomenon of photoreception.
3. Diffraction studies of osmium complexes to determine structure.
4. High resolution studies of negatively stained DNA to determine size and shape.
5. Autoradiographic studies to localize various protein moieties in the yeast, Saccharomyces.
6. Identification of various virus preparations by negative staining to determine size and purity.
7. Cellulase localization in thin sections in various fungal pathogens.
8. Lattice structures of various crystals.
9. Morphology of fossils by replica technique.
10. Examination of thin sections of Bacillus bacterial spores to study the germination process and various agents affecting it.
11. Thin section study of the effect of osmium complexes on mammalian tissue and inferences of its use in arthritis.
12. Thin section study of amyloid content of fungal spore of Zellero- myces.
13. Bacterial typing of various species by flagellar location (shadowed preps).
14. Localization of PAS positive substances in fungal plan pathogens. In addition, the article will be used for educational purposes in the course Transmission Electron Microscopy for Research in which students are taught how to effectively use the article as a research tool and various preparation techniques depending on need. Application received by Commissioner of Customs: July 26, 1978.
Docket No. 78-00354. Applicant: University of Alabama in Birmingham, Department of Pathology, University Station, Birmingham, Ala. 35294. Article: Electron microscope, model EM 400 with high magnification goniometer stage and accessories. Manufac
turer: Philips Electronics Instruments NVD, The Netherlands. Intended use of article: The article is intended to be used to examine biologic tissues which will include normal tissues from animals as well as individual organisms such as bacteria, parasites, viruses or fungi. On rare occasions, tissues of nonbiological origin may also be studied. Studies will be conducted in order to define structural alterations of tissues and to correlate these with biochemical and functional changes in the tissue. Specific examples of the research projects include:
(a) identification of membrane integrity of cardiac muscle cells following ischemic cell damage in experimental animals.
(b) specific cell localization of amino acid precursors of protein synthesis in hearts made to hypertrophy by various different techniques.
(c) demonstration of altered membrane permeability of heart muscle cells using such tracers as horse radish peroxidase and ferritin.
(d) localization of specific cell surface antigens using immunqlogically labeled antibodies on the surface of the cell with ferritin tracers.
(e) characterization of the lipid bilayer membrane of liposomes specifically constructed to carry various agents within the liposome cavity.
(f) identification of immune complex structures within the basement membranes of the kidney glomerulus in animals with compliment deficient induced glomerulopathy.
The article will also be used to train graduate students in the use of electron microscopy and to obtain and to interpret results obtained using this technique. Application received by Commissioner of Customs: July 26, 1978.
Docket No. 78-00355. Applicant: The University of Texas System Cancer Center, 6723 Bertner, Houston, Tex. 77030. Article: Pulse cytophotometer, model ICP 21. Manufacturer: Phywe AG, West Germany. Intended use of article: The article is intended to be used for the studies of cells from animals, including humans. Experiments to be conducted will involve treating the animal cells with different anticancer drugs and then determining the alternations in the cell’s division cycle using the pulse cytophotometer that were caused by the drug. The objective pursued in the course of these investigations is to further improve chemotherapy of human cancer by selecting anticancer drugs based on their effects on the cell division cycle. Application received by Commissioner of Customs: July 27, 1978.
(Catalog of Federal Domestic Assistance Program No. 11.105, Importation of Duty- Free Educational and Scientific Materials.)
R ichard M. S eppa, Director, Statutory
Import Programs Staff. [FR Doc. 78-23017 Filed 8-16-78; 8:45 am]
[3510-25]ID A H O STATE UNIVERSITY ET AL.
Applications for Duty-Free Entry o f Scientific Article; Correction
The notice of applications for dutyfree entry of scientific articles appearing at page 35368 in the F ederal R egister of Wednesday, August 9, 1978, should be deleted in its entirety as this notice is a duplicate of the notice that appeared in the F ederal R egister at page 34179, of Thursday, August 3, 1978.(Catalog of Federal Domestic Assistance Program No. 11.105, Importation of Duty- Free Educational and Scientific Materials.)
R ichard M. Seppa, Director, Statutory Import
Programs Staff.[FR Doc. 78-23016 Filed 8-16-78; 8:45 am]
[3510-13]O ffice o f the Secretary
SECOND INTERNATIONAL CONFERENCE O N RECOGNITION OF N A TIO N A L PROGRAMS FOR ACCREDITING TESTING LABORATORIES
O pen M eetings
Notice hereby is given of two meetings relative to the Second International Conference on recognition of national programs for accrediting testing laboratories (ILAC/78). The first meeting is a preconference briefing session for the benefit of the U.S. delegation to the Conference; it will be held on Thursday morning, September 14, 1978, 9:30 to 12 noon, in Conference Room 4833, U.S. Department of Commerce, Main Building, 14th Street between Constitution Avenue and “E” Street, NW., Washington, D.C. The second meeting is the International Conference which will be held October23-27, 1978 at the Shoreham Americana Hotel, from 9 a.m. to 5 p.m. each day, except on October 25 when the Conference will be held from 9 a.m. to 12 noon. The public is invited to attend either or both meetings, on an unreserved, first-come first-served basis, to the limit of available facilities remaining after the various delegations and staffs are accommodated.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36504 NOTICES
Dated: August 11,1978.F rancis W. W olek,
Acting Assistant Secretary for Science and Technology, U.S. Department of Commerce.
[FR Doc. 78-22983 Filed 8-16-78; 8:45 am]
[3910-01]DEPARTMENT OF DEFENSE
Departm ent o f the A ir Force
USAF SCIENTIFIC ADVISORY BOARD
M eeting
August 8,1978.The USAF Scientific Advisory Board
Ad Hoc Committee to review the Air Force Human Resources Laboratory will hold meetings at the Pentagon, Washington, D.C., on September 19- 20, 1978, from 8:30 a.m. to 5 p.m. each day.
The purpose of the meeting is to examine the Human Resources Laboratory interface with representative users.
The meeting concerns matters listed in section 552b(c) of title 5, United States Code, specifically subparagraph(2) thereof, and accordingly, will be closed to the public.
For further information, contact the Scientific Advisory Board secretariat at 202-697-4648.
F rankie S. E step,Air Force Federal Register
Liaison Officer.[FR Doc. 78-23018 Filed 8-16-78; 8:45 am]
[3710-05]Defense Communications A gency
SCIENTIFIC A DVISO RY GROUP
Closed M eeting
The DCA Scientific Advisory Group will hold a closed meeting on October 19 and 20,1978. The October 19 and 20 meeting will be at the Defense Communications Agency, Director’s Management Information Center at Headquarters, Defense Communications Agency, Eighth Street and South Courthouse Road, Arlington, Va.
The agenda items will be WWMCCS system engineer general war studies, AUTOVON studies and MILSATCOM architectural studies on high frequency utilization and antijam techniques.
Any person desiring information about the Advisory Group may telephone area code 202-692-1765, or write Chief Scientist—Associate Director, Technology, Headquarters, Defense Communications Agency, Eighth Street and South Courthouse Road, Arlington, Va. 22204.
This meeting is closed because the material to be discussed is classified
requiring protection in the interest of National Defense. (Freedom of Information Act, 5 U.S.C. 552b(c)(l).)
M argaret E. Anderson, Committee Management Officer.
[FR Doc. 78-22999 Filed 8-16-78; 8:45 am]
[6740-02]DEPARTMENT OF ENERGY
Federal Energy R egulatory Commission
[Docket Nos. AR64-2 et al.; AR61-2 and AR69-1 et al.]
AREA RATE PROCEEDING; TEXAS GULF COAST AREA; SOUTHERN LO UIS IA NA AREA
Filing o f Refund Distribution Plan
August 9,1978.Take notice that on August 1, 1978,
Tennessee Gas Pipeline Co., a Division of Tenneco Inc. (Tennessee), filed its plan for distribution of refunds received from its producer-suppliers pursuant to the Commission orders of February 23, 1976, and September 23, 1977, in these proceedings. Tennessee states that as of July 17, 1978, it had received total additional refunds (principal and interest) of $42,185,116.82.
Tennessee requests permission to flow through to its customers $37,139,618.58 of the refunds by means of a credit to the unrecovered purchased gas cost account maintained pursuant to its PGA clause. Tennessee states that it will retain the remaining $5,045,498.24 of the refunds in accord with its settlement agreement in docket Nos. G-11980 et al.
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 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 August 25, 1978. 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 sc petition to intervene in this proceeding is not required to file a further petition. Copies of this filing are on file with the Commission and are available for public inspection.
Lois D. C ashell, Acting Secretary.
[FR Doc. 78-23046 Filed 8-16-78; 8:45 am]
[6740-02][Docket No. CP78-455]
ARKANSAS LO UIS IA NA GAS CO.
Application
August 10,1978.Take notice that on August 1, 1978,
Arkansas Louisiana Gas Co. (Applicant), P.O. Box 21734, Shreveport, La. 71151, filed in docket No. CP78-455 an application pursuant to section 7 of the Natural Gas Act and section 157.7(g) of the Commission’s regulations under the Natural Gas Act (18 CFR 157.7(g)) for a certificate of public convenience and necessity authorizing the construction and for permission for and approval of the abandonment, during the 12-month period beginning December 22, 1978, and operation of field gas compression and related metering and appurtenant facilities, all as more fully set forth in the application and open to public inspection.
The stated purpose of this budget- type application is to augment Applicant’s ability to act with reasonable dispatch in the construction, relocation, and operation and abandonment of facilities which will not result in changing Applicant’s system salable capacity or service from that authorized prior to the filing of the instant application.
Applicant states that the total cost of the proposed construction arid abandonment of facilities would not exceed $3 million, and that the cost of any single project would not exceed $500,000. Applicant indicates that it would finance such cost from cash on hand, from cash generated from normal internal sources, from shortterm bank loans and other short-term borrowings utilized in the normal operation of the company’s total business.
Any person desiring to be heard or to make any protest with reference to said application should on or before August 31, 1978, 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 sub-
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36505ject 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 and permission for and approval of the proposed abandonment are 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.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23047 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. RI75-112]CERTAIN PRODUCER A N D PIPELINE
RESPONDENTS
Extension o f Time
August 4, 1978.On July 31, 1978, Union Oil Co. of
California and staff counsel filed motions to extend the time for filing briefs on exceptions to the initial decision issued July 7, 1978, in this proceeding.
Upon consideration, notice is hereby given that the time for filing briefs on exceptions is extended to and including August 25, 1978. Briefs opposing exceptions are due on or before September 14, 1978.
K enneth F . P lumb, Secretary.
[FR Doc. 78-23048 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. ER78-525] CONNECTICUT LIGHT & POWER CO.
Filing
August 10, 1978.Take notice that on August 2, 1978,
the Connecticut Light «Ss Power Co. (C.L. & P.), tendered for filing a proposed amendment to transmission agreement (amendment) dated May 15, 1978, between (1) C.L. «Ss P., the Hartford Electric Light Co. (Helco) and Western Massachusetts Electric Co. (Wmeco), and (2) New Bedford Gas & Edison Light Co. (N.B.G. «Ss E.).
C.L. «Ss P. states that N.B.G. & E. has executed contracts with Green Mountain Power Corp. (“GMP”) of Burlington, Vt. for the purchase of power from GMP’s entitlement in the Vermont Yankee nuclear generating facility in the amount of 30,000 kilowatts for the period November 1, 1976,' to October 31, 1978, and 25,000 kilowatts Tor the period November 1, 1978, to October 31,1979.
C.L. «Ss P. further states that the amendment provides for an extension of the termination date of the transmission agreement from October 31, 1978, to October 31, 1978, and decreases the amount to be transmitted for the period from November 1, 1978, to October 31, 1979, from 30,000 kilowatts to 25,000 kilowatts.
C.L. «Ss P. requests that the Commission permit the amendment filed to become effective on November 1, 1978.
C.L. «Ss P. indicates that the monthly transmission charge is equal to one- twelfth of the estimated annual average cost of transmission service on the Northeast Utilities system determined in accórdance with Section 13.9 (Determination of Amount of the Pool Transmission Facilities (PTF) Costs) of the New England power pool (Nepool) agreement and the uniform rules adopted by the Nepool Executive Committee multiplied by the number of kilowatts of winter capability which N.B.G. «Ss E. is entitled to receive, reduced to give due recognition of the payments made by N.B.G. «Ss E. for transmission services on the system of Public Service Co. of New Hampshire.
Copies of this rate schedule have been mailed to Helco, Wmeco, and N.B.G. «Ss E., according to C.L. «Ss P.
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 August 28, 1978. Protests will be considered by thè 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.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23062 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. ER78-533] CONNECTICUT LIGHT & POWER CO.
Filing
August 10, 1978.Take notice that on August 3, 1978,
the Connecticut Light <fe Power Co. (C.L. & P.) tendered for filing a proposed purchase agreement with re-r spect to various gas turbine units dated September 1, 1977, between (1) C.L. & P., the Hartford Electric Co. (Helco), and Western Massachusetts Electric Co. (Wmeco), and (2) Village of Ludlow Electric Light Department (Ludlow).
C.L. «& P. states that the purchase agreement provides for a sale to Ludlow of a specified percentage of capacity and energy from 13 gas turbine generating units during the period from November 1, 1978, to October 31, 1985, together with related transmission service.
C.L. & P. requests that the Commission permit, the rate schedule filed to become effective on November 1, 1978.
C.L. «& P. states that the capacity charge for the proposed service was developed on a cost-of-service basis. The monthly transmission charge is equal to one-twelfth of the annual average unit cost of transmission service on the Northeast Utilities (NU) system determined in accordance with section 13.9 of the New England power pool (Nepool) agreement and the uniform rules adopted by the Nepool Executive Committee, multiplied by the number of kilowatts of winter capability which Ludlow is entitled to receive, reduced to give due recognition of the payments made by Ludlow for transmission services on intervening systems. The variable maintenance charge was derived from historical cost.
Helco and Wmeco have filed certificates of concurrence in this docket.
C.L. «& P. states that copies of this rate schedule have been mailed or delivered to Helco, Hartford, Conn., Wmeco, West Springfield, Mass, and Ludlow, Rutland, Vt.
Any person desiring to be heard or tq 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 procedures (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before August 31, 1978. 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 proceedings. Any person wishing to become a party must file a petition to intervene.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36506 NOTICES
Copies of this Application are on file with the Commission and are available for public inspection.
Lois D. C a s h e l l , Acting Secretary.
[FR Doc. 78-23063 Filed 8-16-78; 8:45 am]
[6740-02 ]{Docket No. ER78-536]
DUKE POWER CO.
Filing o f Rate Schedule
August 10,1978.Take notice that on August 4, 1978,
Duke Power Co. (Duke) filed with the Commission pursuant to section 35.12 of the Commission’s regulations an interconnection agreement with North Carolina Municipal Power Agency No. 1 (Power Agency). Duke indicates that under the terms of the agreement, Duke will interconnect its generation and transmission system with the Catawba Nuclear Station, presently being constructed, and wheel electric power and energy to the participants in the power agency. The interconnection agreement is on file with the Commission and is available for public inspection.
Duke states that the interconnection agreement is one of three agreements between it and the power agency which are concerned with the sale to the power agency of a 75-percent undivided interest in unit No. 2 of the Catawba Nuclear Station and 37Vfe percent of the support facilities at the plant. The other two agreements are a purchase, construction, and ownership agreement and an operating and fuel agreement.
Duke states that in addition to the interconnection of facilities and the wheeling by Duke of electric power and energy to the participants of the power agency, the interconnection agreement provides for the following:
(1) Determination of amount of power and energy to be supplied from Catawba to participants of the power agency.
(2) Determination of amount of power and energy sold from Catawba to Dukev
(3) A reliability exchange between the Catawba units, and between the Catawba units and the McGuire Nuclear Station owned by Duke. ^
(4) Determination of amount of supplemental capacity and energy to be supplied by Duke to fulfill electric requirements of participants of the power agency.
(5) Determination of reserves required by the power agency, deficiency energy and unused supplemental energy when needed by the power agency to supply its electric needs when Catawba Unit No. 2 is not running.
(6) Sales by the power agency of surplus energy.
(7) Transmission services and deliveries.(8) Metering. -(9) Billing and payments.(10) Default and resolution of disputes.
(11) Formulas to compute rates and charges of Duke and the power agency for all services.
Duke further states that it expects to initiate service to the power agency under the interconnection agreement on or after July 1, 1981, with the commencement of the commercial operation of either unit No. 1 or . No. 2 of the Catawba Nuclear Station. Duke requests that the interconnection agreement be accepted for filing by October 1, 1978, to become effective on the date of initiation of service.
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 sections 1.8 and 1.10 of the rules of practice and procedure (18 CFR 1.8, 1.10). All such petitions or protests should be filed on or before August 31, 1978. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protes- tants parties to the proceeding. Any person wishing to become a party must file a petition to intervene.
Lois D. C ashell, Acting Secretary.
[FR DOC. 78-23049 Filed 8-16-78; 8:45 am]
[6740 -02 ] .[Docket No. ES78-50]EL PASO ELECTRIC CO.
Application
August 10, 1978.Take notice that on July 25, 1978, El
Paso Electric Co. (applicant) filed an application with the Commission pursuant to section 204 of the Federal Power Act and part 34 of the Commission’s regulations, for authorization to engage in negotiations for the sale by private placement of up to $15 million of Cumulative preferred stock.
Applicant is incorporated under the laws of the State of Texas with its principal business office at El Paso, Tex., and is engaged in the generation, transmission, distribution, and sale of electrical energy in the States of Texas and New Mexico.
The applicant believes that a negotiated sale by private placement of preferred stock would be advantageous to it because an analysis of recent issues of preferred stock indicates that the cost of issuance of preferred stock sold in the public market is more costly than the issuance of preferred stock in the private placement market.
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 proce
dure (18 CFR 1.8, 1.10). All such petitions or protests shall be filed on or before August 25, 1978. 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.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23050 Filed 8-16-78; 8:45 am]
[6740 -02 ]
[Docket Nos. ER78-478 and ER78-19, et al.]FLORIDA POWER & LIGHT CO.
O rd er Accepting Rate Schedule fo r Filing, Provid ing fo r Suspension, Providing for H earing, W aiv in g Regulations, G ranting In tervention, and Consolidating Proceedings
August 9, 1978.On July 10, 1978, Florida Power &
Light Co. (FP&L) submitted for filing as an initial rate schedule an unexecuted transmission service agreement for service to Lake Worth Utilities Authority (Lake Worth), Fla. Lake Worth is a municipally-owned utility which generates and distributes electricity within a service area surrounded by that of FP&L. Although Lake Worth did not sign the agreement, by letter of June 21, 1978, it requested FP&L to file the agreement with us. FP&L states that under the agreement, it will transmit power and energy for Lake Worth as required by Lake Worth to implement its interchange agreements with Orlando Utilities Commission, Tampa Electric Co., Florida Power Corp., Fort Pierce Utilities Authority, city of Homestead and the Utilities Commission of the city of New Smyrna Beach, Fla. FP&L requests an effective date of no later than thirty (30) days after the date of this filing. The submittal provides for charges which are similar to those provided in a proposed interchange agreement with the city, of Homestead (docket No. ER78-325) and with Fort Pierce Utilities Authority (docket No. ER78-376), both' now set for hearing in consolidated docket Nos. ER78-19, et al.
Notice of FP&Ks filing was issued on July 18, 1978, with protests or petitions to intervene due on or before July 28, 1978. On July 28, 1978, Lake Worth filed a protest, petition to intervene, and request for consolidated hearing. Lake Worth states that it has an interconnection agreement with FP&L providing for, inter alia, the following services: economy interchange, scheduled maintenance, and emergen-
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
cy power. Lake Worth protests the form, terms, conditions, and rates of the proposed transmission service. In particular, Lake Worth objects to FP&L’s submission of a separate rate schedule for service to Lake Worth, rather than a general transmission tariff with a regional transmission rate for peninsular Florida. Lake Worth alleges that FP&L’s filing technique is monopolistic in that it inhibits the utilization of transmission service from FP&L. Lake Worth agrees with and adopts the “protest and request for consolidated hearing” filed June 5, 1978 by Fort Pierce Utilities Authority in docket No. ER78-376, which now is consolidated in docket Nos. ER78-19, et al.
Lake Worth also argues that FP&L is not proposing an initial rate, but a rate change, and concludes that the rates proposed in FP&L’s submittal should be made subject to refund pursuant to section 205 of the Federal Power Act. Lake Worth requests:
(1) That FP&L’s submittal be accepted for filing and made effective subject to refund, after a 1-day suspension period;
(2) That Lake Worth be granted intervention in any hearing proceeding set in this docket;
(3) That a hearing be ordered; and(4) That the hearing be consolidated
with Florida Power & Light Co., docket Nos. ER78-19, et al.
FP&L’s submittal properly should be filed pursuant to section 35.13 of the Commission’s Regulations as a change in rates, and not as an initial rate. FP&L is proposing to render a supplemental or an additional service to Lake Worth, since it has an agreement to sell interchange power at wholesale to Lake Worth.1 The Commission shall waive the cost support requirements of section 35.13 for the limited purpose of accepting FP&L’s submittal for filing. However, FP&L shall be directed to file the cost support information required under section 35.13 within twenty (20) days of the issuance of this order.
Consolidation of the hearing to be ordered in this docket with the proceeding in docket Nos. ER78-19, et al. is appropriate. Similar issues of fact and law are presented; 1978 test year data is relied upon in both; and the hearing in phase II of docket Nos. FR 78-19, et al. has not commenced.
‘Sales of power by FP&L to Lake Worth under the interchange agreement are transported to Lake Worth through FP&L’s transmission lines. Thus, FP&L already has an effective rate recovering, inter alia, costs of transmission service to Lake Worth, and, therefore, the submittal in this docket is not that of an initial rate. See order in Florida Power & Light Co., docket No. ER77-175 (April 12, 1977). Rather, the instant transmission rate submittal is supplemental to the current interchange rate, which inherently includes transmission charges.
NOTICES
FP&L’s proposed rates have not been shown to be just and reasonable and may be unjust, unreasonable, unduly discriminatory, preferential or otherwise unlawful. The commission therefore shall suspend the proposed rates for one day to become effective August 11, 1978, subject to refund, pending the outcome of a hearing and decision thereon.
The Commission finds: (1) Good cause exists to accept FP&L’s proposed rates and suspend them and the service thereunder for one day, until August 11, 1978, subject to refund, pending the outcome of a hearing and decision thereon.
(2) Good cause exists to waive the cost support requirements of section35.13 of the Commission’s regulations for the limited purpose of accepting FP&L’s submittal for filing.
(3) Good cause exists to consolidate the instant docket with docket Nos. ER78-19, et al.
(4) Participation by Lake Worth in this proceeding may be in the public interest.
The Commission orders: (A) Pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by section 402(a) of the Department of Energy Act and by the Federal Power Act, particularly sections 205, 206, 301, 308 and 309 thereof, and pursuant to the Commission’s rules of practice and procedure and to the regulations under the Federal Power Act (18 CFR Chapter I), a public hearing shall be held concerning the justness and reasonableness of the rate increase proposed by Florida Power & Light Co. in this proceeding.
(B) Pending a hearing and decision thereon, FP&L’s proposed rates and service are hereby accepted for filing and suspended for one day, to become effective August 11, 1978, and the rates thereunder to be subject to refund.
(C) The Commission waives section35.13 of its regulations for the limited purpose o l accepting FP&L’s submittal for filing. FP&L hereby is ordered to file cost support information pursuant to section 35.13 for service to Lake Worth within twenty (20) days of the issuance of this order.
(D) Docket No. ER78-478 hereby is consolidated with docket Nos. ER78- 19, et al. for the purpose of a hearing and decision thereon. .
(E) Lake Worth hereby is permitted to intervene in this proceeding subject to the rules and regulations of the Commission: Provided, however, that participation of Lake Worth shall be limited to the matters specifically set forth in its petition to intervene; and Provided, further, that the admission of Lake Worth shall not be construed as recognition by the Commision that
36507it might be aggrieved by any order issued in this proceeding.
(F) Nothing contained herein shall be construed as limiting the rights of the parties to this proceeding regarding the convening of conferences or offers of settlement pursuant to Section 1.18 of the Commission’s rules of practice and procedure.
(G) The Secretary shall cause prompt publication of this order to be made in the F ederal R egister.
By the Commission.Lois D. Cashell,
Acting Secretary.[FR Doc. 78-23051 Filed 8-16-78; 8:45]
[6740- 02]
[Docket No. ER78-524]M IC H IG A N POWER CO.
Proposed T ariff Change
August 8, 1978.Take notice that Michigan Power
Co. (Michigan Power) on July 31, 1978, tendered for filing proposed changes in its FERC Electric Tariff MRS, Volume No. 1 for wholesale for resale electric service to the city of Dowa- giac, Mich, and the village of the Paw Paw, Mich, which tariff changes it proposes should be made effective on two separate dates as follows:
Michigan Power has requested an August 30, 1978, effective date for the tariff changes encompassed in Fourth Revised Sheet No. 6. Michigan Power states that such tariff changes involve recovering increased costs of capital and increased costs of providing electric service. Michigan Power further states that increased revenues from jurisdictional sales and service of $45,290 would result from such proposed tariff changes based on the 12-month period ending December 31, 1977.
Michigan Power has requested waiver of the Commission’s rules and regulations so as to permit the proposed tariff changes encompassed in the Fifth Revised Sheet No. 6, tendered for filing herewith to become effective concurrent with the effective date of Indiana and Michigan Electric Co.’s proposed tariffs in docket No. ER78-37 (December 23, 1978). Michigan Power indicates that such tariff changes involve recovering increased purchased power expense which will be incurred by Michigan Power pursuant to the Commission’s decision in docket No. ER78-379 and would increase revenues from jurisdictional sales and service by $311,825 based on the 12-month period ending December 31, 1977.
Copies of the filing were served upon the city of Dowagiac, the village of Paw Paw and the Michigan Public
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36508Service Commission, according to Michigan Power.
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 and protests should be filed on or before August 18, 1978. 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.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23052 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. CP78-452]M IC H IG A N W ISCONSIN PIPE LINE
Application
August 10, 1978.Take notice that on July 31, 1978,
Michigan Wisconsin Pipe Line Co. (applicant), One Woodward Avenue, Detroit, Mich. 48226, filed in docket No. CP78-452 an application pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing applicant to provide a gas transportation service for Pacific Interstate Transmission Co. (Pacific), and incident therewith to construct and operate an interconnection in Roberts County, Tex., between its existing pipeline facilities and pipeline facilities owned and operated by Trans western Pipeline Co. (Transwes- tem), all as more fully set forth in the application which is on file with the Commission and open to public inspection.
Pursuant to a gas exchange agreement dated June 1, 1978, between Michigan Consolidated Gas Co. (Michigan Consolidated) and Pacific, Michigan Consolidated would sell to Pacific during the period, November 1978 through March 1979, 16,000,000 Mcf of gas at a maximum daily rate of150,000 Mcf, and during the period, November 1, 1978, through March 31, 1981, Michigan Consolidated would sell to Pacific on a best efforts basis, up to 85,000,000 Mcf of gas, it is said. The application indicates that Pacific would be solely responsible for arranging and paying the cost of transporting the gas through the facilities of such pipelines as may be required to
•X- NOTICES
redeliver the gas to the facilities of Pacific at the California-Arizona border. In this regard, applicant states, Pacific has requested and both applicant and Transwestem have agreed to provide transportation for the gas supplies purchased by Pacific from Michigan Consolidated. Under the proposed arrangement, applicant would transport and redeliver to Transwestem such gas supplies, and Transwestem in turn would transport and redeliver the supplies to Pacific at the California-Arizona border.
The application further indicates that the transportation service by applicant resulting in deliveries of gas to Transwestem for the account of Pacific would be provided pursuant to a transportation agreement dated June 1, 1978, between applicant and Pacific. The agreement provides that, commencing on November 1, 1978, Pacific would cause Michigan Consolidated to deliver to applicant up to 101,000,000 Mcf of natural gas at a rate of up to150,000 Mcf per day, such deliveries to be made at applicant’s W. G. Woolfolk compressor station located in Mecosta County, Mich., and/or applicant’s Willow Run meter station located in Washtenaw County, Mich., it is said. Applicant indicates that it would provide transportation for the gas so received for the account of Pacific and would redeliver by displacement equivalent volumes to Transwestem at a proposed inter-connection between the pipeline systems of applicant and Transwestern in Roberts County, Tex. Pacific would pay applicant $10,597 per month for 29 consecutive months in order to compensate applicant for the cost of incremental facilities hereinafter described which are necessary to provide the service, it is said.
Applicant would be required to construct an inter-connection between the pipeline systems of it and Transwestern at the Roberts County, Tex., redelivery point, which would include two 10-inch orifice meter runs, a flow controller, and certain associated piping, instrumentation, and appurtenances, it is said. Applicant estimates that the cost of such facilities would be $216,520, which cost would be financed from funds on hand.
Any person desiring to be heard or to make any protest with reference to said application should on or before August 31, 1978, 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.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23053 Filed 8-16-78; 8:45 am]
[6740-02]
Federal Energy R egulatory Commission
[Docket No. RI78-13]MULLINS & PRICHARD
O rder Granting Special Relief and Permitting In tervention
August 9,1978.On November 21, 1977, Mullins &
Prichard (petitioner), filed for special relief pursuant to § 2.76 of the Commission’s rules of practice and procedure for the sale of gas from wells No. 1 and No. 2 on State lease 2864, Mallard Bay Field, Cameron Parish, La. to Texas Gas Transmission Co. (Texas Gas). Subsequently, petitioner filed an amended petition for special relief on May 31,1978.
Mullins & Prichard is an independent small producer 1 which holds a 100 percent working interest in the wells. Currently, Petitioner is selling gas to Texas Gas pursuant to a contract da.ted March 7, 1960, at a rate of 31.418 cents per Mcf under the ceiling established in opinion No. 749.2
1 Small producer certificate issued in docket No. CS73-36.
* Petitioner is a successor in interest to Chevron U.S.A., a large producer, effective July 1, 1977. Mullins acquired the subject property from Chevron U.S.A. by closed bid at a lease sale for a cost of $136.000. There
Footnotes continued on next page
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36509P r o c e d u r a l H i s t o r y
Notice of Mullins & Prichard’s petition for special relief was issued on December 8, 1977, and notice of amended petition was issued by the Commission on July 6, 1978. Texas Gas filed a timely intervention in support of the original special relief petition. Texas Gas executed a contract amendment with petitioner agreeing to amend its gas purchase contract to pay the just and reasonable price approved by the Commission.
P r o p o sa l
Petitioner proposes to rework both wells and install a new compressor, salt water disposal pump and engine, and a 350-barrel salt water tank. The estimated investment for reworking both wells is $556,406. The estimated costs to purchase and install a compressor and salt water disposal equipment is $158,831. Petitioner requests authority to collect $1.89 per M cf8 for the sale of said gas.
C o s t A n a l y s is
Staff accepts petitioner’s current investment of $125,000. Staff has reviewed the investment proposal totaling $715,237, and, based on bids together with petitioner’s actual cost experience or a similar project, finds the estimate to be acceptable. Staff has reviewed Chevron U.S.A.’s actual annual operating expenses, and finds the estimate of $49,416 to be reasonable. 4 A 5 percent inflation factor was applied for the first 5 years in projecting total estimated production expenses of $457,001. Based on data filed by petitioner, staff estimates that 811,312 Mcf of gas remains to be recovered over 7.9 years. Staff has used the above costs along with tl^e 709,898 Mcf of reserves attributable to petitioner’s87.5 percent net working interest in a traditional cost study. The results of this analysis indicate that $1.89 per Mcf exclusive of severance tax will be required to allow petitioner to recover all costs associated with this project over its 7.9 year life including a 15 percent rate of return. Thus, petitioner’s requested rate appears to be cost supported. 5
Footnotes continued from last page is no information available to staff as to the second highest bid. Utilizing staff’s reserve estimate and allocating the $136,000 cost between oil and gas by applying the modified Btu method, the acquisition costs is 15.8 cents per Mcf.
3 Petitioner originally requested $2.1648 per Mcf for the sale of said gas.
4 Chevron is the predecessor in interest to the subject properties.
* See appendix A, attached hereto.
Having conducted a study of the economics associated with this project, staff is of the opinion that the rate requested is cost supported and that it is in the public interest to grant special relief.
After reviewing the costs to be increased and the reserves to be recovered, the Commission determines that Mullins & Prichard’s petition for special relief is warranted and that it is in the public interest to grant this petition.
The Commission orders: (A) The amended petition for special relief of Mullins & Prichard is hereby granted.
(B) Mullins & Prichard is authorized to collect $1.89 per Mcf at 15.025 psia, which includes all quality adjustments, plus state severance tax for the sale of gas from wells No. 1 and No. 2 on State lease 2864, Mallard Bay Field, Cameron Parish, La, to Texas Gas. effective upon either the date of issuance of this order or the date the proposed work is completed, whichever is later.
(C) The authorization is subject to the following conditions: (1) Within 30 days of the effective date provided in ordering paragraph (B) above for the rate authorized herein, Mullins & Prichard must file a statement signed by Texas Gas stating that the work has been completed to its satisfaction; and (2) petitioner must file the appropriate rate change filing in docket No. CS73-36 in accordance with § 154.94 of the Commission’s regulations under the Natural Gas Act (18 CFR § 154.94) within 30 days of the effective date provided in ordering paragraph (B) above.
(D) Petitioner must file a notice of independent producer rate change in docket No. CS73-36 reflecting any change in rate resulting from a change in the Louisiana state severance tax at least 30 days prior to the effective date of the proposed change.
(E) The contract amendment signed by petitioner and Texas Gas included with the original petition for special relief is accepted by the Commission for filing in accordance with § 154.92 of the Commission’s regulations.
(F) Texas Gas is permitted to intervene in the above-entitled proceeding, subject to the rules and regulations of the Commission; Provided, however, That its participation shall be limited to matters affecting asserted rights and interests specifically set forth in its petition for leave to intervene; And
Provided, further, That the admission of Texas Gas in the manner provided shall not be construed* as recognition by the Commission that Texas Gas might be aggrieved because of any order or orders entered in this proceeding, and that Texas Gas agrees to accept the record as it now stands.
By the Commission. Commissioner Holden voted present.
K e n n e t h F . P l u m b , Secretary.
Mullins & Prichard, docket No. RI78-13, State lease 2864, wells No. 1 and No. 2, Cameron Parish, La.
[Unit cost of gas]
Line No. and item Amount
1. Net working interest volumes:2. Gas—Mcf at 15.025 l b / f t ________3. Liquids—bbl *.......................................4. Cost of production:5. Return *................. ..............................6. D D & A 4.................... .....................................7. Production expense5..........................
709,89819,231
$362,022$804,112$457,001
8. Subtotal.............................................9. Allocated to gas ‘.................................
10. Regulatory expense .... „.................
$1,623,135$1,340,060
$710
11. T ota l cost,............................. $1,340,77012. Unit cost of gas (per Mcf):13. C ost o f production •............................ $1.89
$1.8914. Total cost of gas *.............................
>811,312 times 0.875.‘21,978 times 0.875.‘Line 16 of sheet 3 times 0.15 times 7.9 years of
productive life.‘From line 8 of sheet 2.‘Based on an estimated base year of $49,416 esca
lated 5 percent per year for the first 5 years.‘Line 14 of sheet 2 times line 8.10.01 cent per Mcf.‘Line 11 divided by line 2.‘The unit cost does not include a component for
State severance tax due to applicant’s allegation that the future value of this component is unknown at the present time.
[Investment and allocation of costs]
Line No. and item Amount
1. Investment:2. Remaining net book value................. $125,000
$158,831$256,880$299,526
4. Rework well No. 1................................5. Rework well No. 2 ...............................
6. T otal in v e s tm e n t, ........ ........ $840,237$36,1257. Less salvage
8. D ep reciab le in v es tm en t.... ................ $804,112
$1.132714
743,973157,156
9. Depreciation per unit of production *...........................................................
10. Allocation of costs: ‘11. Gas—MMBtu4................................ .12. Liquids—MMBtu ‘...............................
13. Total—MMBtu.................................14. Percentage allocated to gas ‘.............
901,12982.56
'From filing.‘Line 8 divided by 709,898 Mcf.‘Modified Btu method per opinion No. 749. ‘709,898 Mcf times 1.048 MMBtu per Mcf.‘ 19,231 bbl of lease condensate times 5.448
MMBtu per bbl times 1.5 modifier.‘Line 11 divided by line 13.
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36510 NOTICES
Mullins & Prichard, docket No. RI78-13, State lease 2864, wells No. 1 and No. 2, CameronParish, La.
[Average investment and annual rate base]
Annual Beginning of Déprécia- End of year AverageLine No. and year N.W.I. year tion1 investment investment *
production investment(Mcf)
(a) (b) (c) (d) (e) (f)
1.Average investment:
2.3. 1............................................... 189,443 $840,237 $214,585 $625,522 $732,9454. 2 ............................................... 153,495 625,652 173,866 451,786 538,7195. 3 ............................................... 121,002 451,786 137,061 314,725 383,2566. 4 ............................................... 91,798 314,725 103,981 210,744 262,7357. 5 ............................................... 53,601 210,744 60,715 150,029 180,3878. 6 ............................................... 41,572 150,029 47,089 102,940 126,4859. 7 ............................................... 32,105 102,940 36,366 66,574 84,757
10. 8 (11 m o)..................... ........... >26,882 66,574 30,449 36,125 47,071
11. Total............................. . 709,898 804,112 2,356,35512. Average annual investment4..... 298,27313. Annual rate base:14. Average annual investment. .............. . 298,27315. Average annual working
capital allowance5.............. 7,231
16. Total annual rate base... 305,504
Column (b) times line 9 of sheet 2.2Column (c) plus column (e) divided by 2.*11 months of production.4Line 11 of column (f) divided by 7.9 years of productive life.60.125 times line 7 of sheet 1 divided by 7.9 years of productive life.
[PR Doc. 78-22762 Filed 8-16-78; 8:45 am]
[6740-02][Docket No. ER77-607]
NEW ENGLAND POWER POOL
O rder W aiv ing Notice, Accepting fo r Filing and Suspending Proposed Rate Schedule
August 9,1978.On September 21, 1977,1 New Eng
land Power Pool (NEPOOL) submitted for filing a proposed interconnection agreement with New York Power Pool (NYPP), dated April 4, 1977, with NYPP’s concurrence contained therein.2 The agreement provides for the exchange of emergency and economy electric capacity and energy.8 When the NEPOOL-NYPP interconnection agreement becomes effective, service between NEPOOL and four NYPP members4 will no longer be provided under currently effective agreements.
NEPOOL requests waiver of the Commission’s notice requirements in
‘This proceeding was commenced before the PPC. By the joint regulation of October 1, 1977 (10 CFR 1000.1), it was transferred to the PERC. The term “Commission,” when used in the context of action taken prior to October 1, 1977, refers to the FPC; when used otherwise, the reference is to the PERC.
Additional data, which satisfied the Commission’s filing requirements, was received on July 10,1978.
sSee attachment for designations.4Central Hudson Gas & Electric Corp.,
consolidated Edison Co., Long Island Lighting Co., and Niagara Mohawk Power Corp.
order that the agreement may be deemed effective April 4, 1977, the date that NYPP commenced one- system economic dispatch. Although service began on April 4, 1977,NEPOOL states that the parties were unable to conclude their negotiations and prepare the necessary filings at that time. The proposed agreement provides for the exchange of:
(1) Emergency energy service, which is limited to the time required for the receiving Pool to start new generation within its collective system, to schedule firm service from a third party, or to purchase supplemental service as defined below. The charge for such service shall be the supplier’s incremental cost, including losses, multiplied by the factor of 1.10.
(2) Economy energy service, which is priced on- a shared savings basis. Such service may be scheduled on an hour- to-hour basis or on a day-to-day basis. The latter is designated as Assured Economy Service.
(3) Supplemental service, for service beyond the duration of emergency service, when the receiving pool is not withholding generating facilities from service on an economy basis. The charge for this service is the sum of the energency service charge plus an additional charge of 35 mills per kWh for each kWh used during the hour of maximum taking during the day.
(4) Transactions with remote systems, in which one pool desires to
make a purchase or sale transaction with a third party with which the other pool (intervening pool) has an interconnection agreement. Intervening pool will make such transaction under its interconnection agreement on behalf of the other pool. All transactions will be considered supplemental service if they do not conform to the conditions for emergency, economy, or assured economy service. Charges for emergency service will be the same as described above. Charges for economy service will be determined as follows:
(a) If the remote system is the buyer, the intervening pool will pay the selling pool’s incremental cost plus one-third of the savings.
(b) If the remote system is the seller, the buying pool will pay to the intervening pool the remote system’s incremental cost plus two-thirds of the savings.
Charges for supplemental service will be determined as follows:
(a) If the remote system is the buyer, the intervening pool will pay the selling pool’s incremental cost (adjusted for losses on its system to points of interconnection) multiplied by the factor of 1.10, plus an additional charge of 35 mills per kWh for each kWh used during the hour of maximum taking dining the day (equivalent to an annual rate of $12.77 per KW).
If the remote system is the seller, the buying pool will pay the intervening pool’s incremental cost (including the purchase price of the power) plus a transmission charge of 20 mills per kWh for each kWh used during the hour of maximum taking dining the day (equivalent to an annual rate of $7.30 per kW).
Transactions were made under the proposed agreement during the recent coal strike last winter. As a result of a preliminary investigation of a limited group of utilities that engaged in wholesale power transactions during the course of power shortages resulting from the coal strike, the Commission determined that some utilities may have collected revenues in excess of lawful rates for those transactions. Consequently, on May 10, 1978, in docket No. ER78-367, the Commission ordered a formal staff investigation to ascertain whether lawful rates were charged for these transactions.
Commission review of the proposed interconnection agreement indicates that it has not been shown to be just and reasonable and may be unjust, unreasonable, unduly discriminatory, preferential, or otherwise unlawful. There is a question as to whether appropriate charges were assesssed for power transactions made during the coal strike last winter. Consequently, the Commission shall suspend NE- POOL’s filing for 1 day, to be deemed effective April 4, 1977. After Commission staff completes its investigation in docket No. ER78-367, the Commis-
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36511sion shall evaluate staff’s report and the instant filing and take such action as it considers appropriate. :
Since service under the proposed agreement began on April 4, 1977, the Commission finds good cause to waive the notice requirements of § 35.3 of its regulations.
The Commission finds: (1) It is necessary and proper in the public interest and to aid in the enforcement of the provisions of the Federal Power Act to accept for filing NEPOOL’s proposed interconnection agreement, suspend, and defer the use thereof all as hereinafter ordered.
(2) Good cause exists to waive the notice requirements of §35.3 of the Commission’s regulations.
The Commission orders: (A) The proposed NEPOOL-NYPP interconnection agreement is hereby accepted for filing and suspended for one day, to be deemed effective as of April 4, 1977, subject to refund.
(B) The notice requirements of § 35.3 of the Commission’s regulations are hereby waived.
(C) After staff completes its investigation in docket No. ER78-367, the Commission shall evaluate staff’s report and the instant filing and will establish such procedures as it deems appropriate at that time.
(D) The Secretary shall cause prompt publication of this order to be made in the F ed er a l R e g is t e r .
By the Commission.Louis D. C a s h e l l ,
Acting Secretary.[FR Doc. 78-23054 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. RP76-158]NORTH PENN GAS CO.
Refund Report
A u g u s t 9,1978.Take notice that on July 31, 1978,
North Penn Gas Co. (North Penn) filed a refund report in docket No. RP78-158. North Penn indicates that on July 1, 1978, it made refunds totalling $473,351.62 pursuant to the settlement agreement approved by the Commission on May 11, 1978. The refund report sets forth the computations underlying the July 1, 1978 refunds.
Any person wishing to do so may submit comments in writing concerning North Penn’s refund report. All such comments should be filed with or mailed to the Federal Energy Regulatory Commission, 825 North Capitol Street NE., Washington, D.C. 20426, on or before August 23, 1978. Copies of the report are on file with the Com
mission and are available for public inspection.
Lois D . C a s h e l l , Acting Secretary.
[FR Doc. 78-23055 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. CP78-440]NORTHERN NATURAL GAS CO.
Application
A u g u s t 10,1978.Take notice that on July 24, 1978,
Northern Natural Gas Co. (Applicant), 2223 Dodge Street, Omaha, Nebr. 68102, filed in docket No. CP78-440 an application pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing the transportation of natural gas for Iowa Electric Light & Power Co. (Iowa Electric), all as more fully set forth in the application on file with the Commission and open to public inspection.
Applicant requests authorization to transport natural gas for Iowa Electric pursuant to a gas transportation agreement dated July 8, 1976, among Applicant, Iowa Electric, and Iowa Power & Light Co. (Iowa Power), which agreement provides that Applicant would, upon request by Iowa Electric, deliver during the period, March 27 through October 26 (summer season), up to 2,000 Mcf of summer maximum daily volume (summer MDV) to Iowa Power at Des Moines for Iowa Electric’s account, which volumes Iowa Power would liquefy and store for Iowa Electric. Applicant states that such deliveries would be made through Iowa Power’s, Des Moines, Iowa, TBS No. 1 in Polk County, Iowa. Applicant further states that on days not within the summer season, Iowa Electric may request and, subject to the approval of Applicant and Iowa Power, have gas delivered to Iowa Power under the same terms and
'conditions as gas delivered during the summer season. The total net LNG inventory held in storage by Iowa Power for Iowa Electric would at no time exceed 108,000 Mcf, it is said.
It is stated that each day during the summer season, Iowa Electric would designate by individual billing group the specific volume it wishes Applicant to deliver to Iowa Power at Des Moines for liquefaction and storage and that the volume designated for a specific billing group is not to exceed the summer MDV then currently in effect for such billing group. Gas volumes delivered on any day would be those which could otherwise be delivered to Iowa. Electric within their authorized entitlement for such day.
Applicant indicates that the gas volumes delivered to Iowa Power for Iowa
Electric during the summer season would be considered as sold to Iowa Electric within the billing group from which the volume was diverted and billed to such billing group under Applicant’s rate schedule CD-I. Such deliveries would be considered to be the first volumes delivered to each designated billing group.
Applicant states that it would at the direction of Iowa Electric transport by displacement to the billing groups, as designated by Iowa Electric, volumes of vaporized LNG at a daily rate of „up to 9,000 Mcf during the period, October 27 through March 26 (winter season). Such volumes would be designated by individual billing group and would not exceed the winter maximum daily volume (winter MDV) then in effect for each such billing group. It is stated that total daily volumes designated for transprotation by Iowa Electric would be made available by Applicant’s concurrent reduction of authorized deliveries to Iowa Power at Des Moines, Iowa, under Applicant’s rate schedule CD-I.
It is indicated that Iowa Electric would pay Applicant a demand charge which would be determined by applying the appropriate summer or winter seasonal demand rate to the appropriate MDV set forth in the agreement. The seasonal demand charge is said to be as follows:
Seasonal demand charge/Mcf:A. Summer—$2.465 x summer MDV.B. Winter—$5.239 x winter MDV.
It is stated that Iowa electric would also pay a commodity charge which would be determined by applying the appropriate summer or winter commodity rate set forth below to the summer or winter season transport volumes.
Commodity charge/Mcf:A. Summer (April-Qctober):Rates to Des Moines TBS No. 1 from
group: B—None; C—0.16 cent/Mcf; and D— None.
B. Winter (November-March):Rates from Des Moines TBS No. 1 to
group: B—4.20 cents/Mcf; C—0.841 cents/ Mcf; and D—3.149 cents/Mcf.
Any person desiring to be heard or to make any protest with reference to said application should on or before August 31, 1978, 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
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36512 NOTICES
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.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23056 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. CP78-4493
NORTHWEST PIPELINE CORP.
Application
August 10,1978.Take notice that on July 31, 1978,
Northwest Pipeline Corp. (Applicant), P.O. Box 1526, Salt Lake City, Utah 84110, filed in docket No. CP78-449 an application pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing Applicant to transport up to 50,000 Mcf of gas per day for the account of Mountain Fuel Supply Co. (Mountain Fuel) pursuant to a gas transportation and exchange agreement dated June 1, 1978, between Applicant and Mountain Fuel, all as more fully set forth in the application which is on file with the Commission and open to public inspection.
Applicant states that Mountain Fuel has acquired or otherwise controls volumes of natural gas in the South Lake area of Rich County, Utah, which it desires to make available economically to its market area. Therefore, pursuant to the June 1, 1978, agreement, Mountain Fuel would deliver the subject gas to Applicant at or near the wellhead of the Hogback Ridge No. 20-1 well in Rich County, Utah, and Applicant would transport it through its South Lake gathering system and mainline facilities and redeliver thermally equivalent volumes, less com
pressor fuel, to Mountain Fuel at Applicant’s existing point of interconnection with Mountain Fuel in Sweetwater County, Wyo. It is indicated that the proposed receipts and redeliveries of natural gas would, to the extent possible, be balanced monthly on a heating value basis.
Applicant indicates that it would construct and operate the South Lake gathering system, which is necessary to connect the Hogback Ridge No. 20- 1 well to its mainline transmission system, pursuant to budget-type authorization.
Approximately 20,000 Mcf of gas per day are estimated by Applicant to be available from the Hogback Ridge No. 20-1 well. Mountain Fuel would purchase 50 percent of such gas from American Quasar Petroleum Co. (Quasar) pursuant to a gas purchase contract between Mountain Fuel and Quasar dated April 21, 1978, and Applicant would purchase the other 50 percent of such gas.
The application indicates that since the subject gas is anticipated to have a relatively low Btu content, Applicant would have the right to regulate the volumes of gas transported for Mountain Fuel in order to maintain a gross heating value of no less than 985 Btu’s per cubic foot in Applicant’s mainline at the point of interconnection with the South Lake gathering system.
For gathering and transporting Mountain Fuel’s gas as described herein, Applicant proposes to charge Mountain Fuel a two-part rate as follows:
(1 ) A gathering rate, initially 2.0 cents per Mcf, based on Applicant’s cost-of-service attributable to transporting Mountain Fuel’s gas through Applicant’s South Lake gathering system, and
(2) A negotiated transportation rate, due to the relatively short distances involved, of 1.5 cents per Mcf for transporting Mountain Fuel’s gas from the point of interconnection of Applicant’s South Lake gathering system and Applicant’s mainline to the mainline redelivery point to Mountain Fuel.
Any person desiring to be heard or to make any protest with reference to said application should on or before August 31, 1978, file with the Federal Energy Regulatory Commission, Washington, D.C. 20426, a petition to intervene or a protest in accordance vgith 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 inter
vene 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 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.
Lois D. Cashell,. Acting Secretary.
[FR Doc. 78-23057 Filed 8-16-78; 8:45 am]
[6740-02][Docket No. CP75-287]
NORTHWEST PIPELINE CORP.
Erratum Notice; Petition to Am end
August 8,1978.Page 3, Presently authorized alloca
tions, seasonal quantity therms:Delete:
Washington Natural Gas Co......... ......... 4,376,488and Washington Water Power Co.,
jointly............................. ....................... 72,504,000
And substitute:Southwest Gas Corp................................ 4,376,448Washington Natural Gas Co., and
Washington Water Power Co., jointly .............................. .. ...................... . 72,504,000
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23064 Filed 8-16-78; 8:45 am]
[6740-02][Docket No. ER76-149]
PUBLIC SERVICE C O .
Extension o f Time
August 4,1978.On July 28,1978 the Indiana Munici
pal Electric Association and various Indiana cities (IMEA Cities) filed a motion for an extension of time for filing briefs opposing exceptions to the initial decision issued June 20, 1978, in this proceeding. IMEA Cities states that the other parties have been contacted and have no objection to the request.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36513
Upon consideration, notice is hereby given that the time for filing briefs opposing exceptions is extended to and including August 30,1978.
K enneth P . P lumb, Secretary.
[FR Doc. 78-23058 Filed 8-16-78; 8:45 am]
[6740-02]
[Docket No. ER78-537]PUBLIC SERVICE CO. OF IN D IA N A
Proposed T ariff Change
August 10,1978.Take notice that Public Service Co.
of Indiana, Inc. on August 2, 1978 tendered for filing a notice of termination of the Interconnection Agreement between Public Service Co. of Indiana, Inc. and the city of Peru, Ind. to become effective November 1,1978.
Said notice of termination provides for the termination of such Interconnection Agreement, rate schedule PERC No. 212, by its own terms. Public Service Co. of Indiana, Inc. has filed on July 28, 1978, in docket No. ER78-513 a service agreement to replace the terminated rate schedule.
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 sections 1.8 and 1.10 of the Commission’s rules of practice and procedure (18 CFR 1.8, 1.10). All such petitions should be filed on or before August 31, 1978. 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 the filing are available for public inspection at the Federal Energy Regulatory Commission.
Lois D. Cashell, Acting Secretary.
[FR Doc. 78-23059 Filed 8-16-78; 8:45 am] *
[6740-02]
[Docket No. CP77-659]SOUTHERN NATURAL GAS CO.
Rescheduling o f In form al Conference
August 10, 1978.Take notice that the conference
scheduled on August 24, 1978 in the above-captioned docket has been rescheduled to August 25, 1978, at 10 a.m. in room 3400. The conference will be
held at 941 North Capitol Street NE., Washington, D.C. 20426.
Louis D. Cashell, Acting Secretary.
[FR Doc. 78-23060 Filed 8-16-78; 8:45 am]
[6740-02][Docket Nos. CP60-94, CP66-20; CP69-222
(Phase II); CP70-185 and CP74-318]TENNESSEE GAS PIPELINE CO.
Petition To Am end
August 10,1978.Take notice that on August 3, 1978,
Tennessee Gas Pipeline Co., a Division of Tenneco Inc. (petitioner), P.O. Box 2511, Houston, Tex. 77001, filed in docket Nos. CP60-94, CP66-20, CP69- 222 (phase II), CP70-185 and CP74- 318 a petition to amend the orders issued by the Federal Power Commission on September 19, 1963 (30 FPC 759), October 1, 1965 (34 FPC 1058), January 29, 1971 (45 FPC 213), June 22, 1970 (43 FPC 937), and October 31, 1974 (52 FPC 1159), respectively, as previously amended by order issuedDecember 28, 1976 (56 FPC---- 1,1 inthe instant dockets pursuant to section 7(c) of the Natural Gas Act so as to authorize service by petitioner to Connecticut Gas Co. (Connecticut Gas) under petitioner's rate scheduled CD-6 and under a single gas sales contract, all as more fully set forth in the petition to amend which is on file with the Commission and open to public inspection.
Petitioner states that the FPC by order issued December 28, 1976, (1) Reflected the acquisition by Connecticut Natural Gas Corp. (Connecticut Natural) of the gas distribution facilities of Connecticut Gas and The Hartford Electric Light Co. (Hartford); (2) reflected the assignment by Connecticut Gas and Hartford to Connecticut Natural of their gas sales contracts with petitioner; and, (3) authorized pe-. titioner to serve Connecticut Natural at each of the service areas where petitioner has been serving Connecticut Gas and Hartford, in addition to the service areas of Connecticut Natural then being served by petitioner under petitioner’s rate scheduled CD-6 and under a single new gas sales contract which provided for a contract demand volume of 76,425 Mcf per day.
Petitioner states that such consolidation under petitioner’s rate schedule CD-6 allowed Connecticut Natural the flexibility to operate its distribution
‘This proceeding was commenced before the FPC. By the joint regulation of October 1, 1977 (10 CFR 1000,1), it was transferred to the FERC. The term “Commission”, when used in the context of action taken prior to October 1, 1977, refers to the FPC; when used otherwise, the reference is to the FERC.
system in a way to permit maximum use of natural gas by high priority customers.
Connecticut Natural has encountered unanticipated delays in consummating its acquisition of Connecticut Gas and Hartford, it is stated; and petitioner, therefore, requests authorization for the consolidation of Connecticut Gas’ and Hartford’s existing gas sales contracts with petitioner into a single gas sales contract between Connecticut Gas and petitioner under petitioner’s rate schedule CD-6 with a contract demand volume of 44,133 Mcf of natural gas per day. Petitioner states this would be an interim authorization until Connecticut Natural acquires Connecticut Gas and Hartford.
Petitioner asserts that the order of December 28, 1976, provided for a contract demand volume of 76,425 Mcf per day which consisted of Connecticut Natural’s present contracted demand volume of 36,794 Mcf per day plus the contracted demand volume of 44,133 Mcf per day for Connecticut Gas less the daily contract volume of 4,502 Mcf per day applicable to Connecticut Gas’ Wallingford service area which the town of Wallingford (Wallingford) proposed to purchase directly from petitioner. It is further asserted that Wallingford no longer proposes to purchase gas from petitioner but that those properties would be acquired by Connecticut Natural at the same time It acquires Connecticut Gas and Hartford. Petitioner, therefore, requests the Commission to amend the order of December 28, 1976, so as to provide Connecticut Natural with a contract demand volume of 80,927 Mcf per day which includes the gas applicable to the Wallingford service area.
Petitioner states that the service proposed herein would not result in any increase in maximum contract quantities presently authorized for the Connecticut Gas and Hartford service areas combined, nor would such operations have any effect on petitioner’s ability to render service to any of its other customers.
Any person desiring to be heard or to make any protest with reference to said petition to amend should on or before August 31, 1978, 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 reguations 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
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36514 NOTICES
participate as a party in any hearing therein must file a petition to intervene in accordance with the Commission’s rules.
Lois D. Cashell, Acting Secretary.
[PR Doc. 78-23061 Piled 8-16-78; 8:45 am]
[3128-01]
Southwestern Pow er Adm inistration
TENTATIVE SYSTEM POWER RATES
A dditional Public Comment Forum and Change in date fo r W ritten Comment
AGENCY: Southwestern Power Administration (SWPA), Department of Energy.ACTION: Notice of additional public comment forum and change in date for written comment.SUMMARY: In response to a request at the public comment forum on July 20, 1978, in Tulsa, Okla., an additional public comment forum has been scheduled for August 24, and the time for submitting written comments on the tentative rate schedules has been extended from August 15 to September 11, 1978.DATES: An additional public comment forum is scheduled for 9:30 a.m., August 24,1978, at the Aaronson Auditorium, City-County Library; 400 Civic Center, Tulsa, Okla. The time for submitting written comments on the tentative rate schedules has been extended to September 11,1978.ADDRESSES: Five copies of the written comments should be submitted to the Administrator, Southwestern Power Administration, U.S. Department of Energy, P.O. Box 1619, Tulsa, Okla. 74101. Five copies should also be submitted to the Assistant Secretary for Resource Applications, U.S. Department of Energy, 12th and Pennsylvania Avenue NW., Washington, D.C. 20461.FOR FURTHER INFORMATION CONTACT:
Mr. Walter M. Bowers, Chief, Division of Power Marketing, Southwestern Power Administration, Department of Energy, P.O. Box 1619, Tulsa, Okla. 74101, 918-581-7529.
SUPPLEMENTARY INFORMATION: Copies of the tentative rate schedules, the rate design study, and power repayment studies for the integrated system were mailed in April to all SWPA customers and others who have expressed an interest in the subject. SWPA will continue to furnish copies of these materials upon request.
The originial notice of the tentative rates and opportunities for public
comment was published in the F ederal R egister on Wednesday, April 19, 1978 (43 FR 16545), and a notice of changes in dates fbr public comments was published in the F ederal R egister on Thursday, June 15, 1978 (43 FR 25865). As explained in these notices, public information forums were held in Tulsa on May 18 and June 22 and a public comment forum was held on July 20.
Because of delays by SWPA in furnishing requested information to the customers, particularly information from the Army Corps of Engineers, a request was made that a further opportunity for oral comment be afforded and that the time for submitting written comments be extended. In response, it was announced at the July 20 forum that an additional public comment forum will be held at 9:30 a.m., August 24, 1978, in the Aaronson Auditorium, City-County Library, 400 Civic Center, Tulsa, Okla. At this public comment forum, interested persons may submit written comments or make oral presentation of their views and comments. The forum will be conducted by a chairman who will be responsible for orderly procedure. SWPA representatives will be present, and they and the chairman may ask questions of the speakers. Persons interested in speaking should submit a request to the Administrator, SWPA, at least three (3) days before the forum so a speakers’ list can be developed. The chairman may allow others to speak if time permits.
A transcript of the forum will be made. Copies of the transcript and of all documents introduced will be available on request for a fee.
It also was announced at the July 20 forum that written comments on the tentative rate schedules are due on or before September 11, 1978.. Five copies of the written comments should be submitted to the Administrator, Southwestern Power Administration, and five copies to the Assistant Secretary for Resource Applications in Washington, D.C., at the addresses shown above. Following review of the oral and written comments and the information gathered in the course of the proceedings, the Assistant Secretary for Resource Applications will announce a proposed decision on rates and send his proposal to the Administrator, Economic Regulatory Administration for review ana final decision. The ERA will allow the public an opportunity to comment on the proposal before a final decision is made.
Issued in Washington, D.C., August11,1978.
W illiam S. H effelfinger, Director of Administration.
[PR Doc. 78-23001 Piled 8-16-78; 8:45 am]
[6560-01]ENVIRONMENTAL PROTECTION
AGENCY
[OPP-180215; FRL 948-2]RHODE ISLAND DEPARTMENT OF NATURAL
RESOURCES
Specific Exemption To Use Triforine To Control “ M onilin ia”
M um m yberry on Blueberries
The Environmental Protection Agency (EPA) has granted a specific exemption to the Rhode Island Department of Natural Resources (hereafter referred to as the “applicant”) to use triforine for the control of Monilinia mummyberry on 45 acres of blueberries in New York. This exemption was granted in accordance with, and is subject to the provisions of 40 CFR Part 166, which prescribes requirements for exemption of Federal and State agencies for use of pesticides under emergency conditions.
This notice contains a summary of certain information required by regulation to be included in this notice. For more detailed information, interested parties are referred to the application on file with the Registration Division (TS-767), Office of Pesticide Programs, EPA, 401 M Street SW., Room E-315, Washington, D.C. 20460.
Mummyberry is caused by the fungus Monilinia vaccinii corymbosi. Primary infection by ascospores takes place early in the spring just as the leaf and flower buds begin to grow. These ascospores are released from spore cups that develop from mummified fruit. Spore cup emergence coincides with the emergence of the young susceptible tissues of the plant. Mummies are a result of the disease from the previous crop and have over-wintered on or near the surface of the soil beneath the bushes. Infeeted blossoms and leaves turn brown and wither as a result of these primary infections. The fungus then produces a second spore type on these infected tissues. These are blown onto remaining blossoms where secondary infection takes place on the developing pistil of the flowers. These flower infections remain undetected until the fruit begins to enlarge. The infected fruit turns off-color and usually drops to the ground before healthy berries mature. These mummified fruits persist through the winter and act as a source of the fungus for the primary infection the following spring.
Currently there are four fungicides registered for the control of the primary infection stage: Benomyl, Captan, Ferbam, and Ziram. The applicant referred to data which indicated that these fungicides are relatively ineffective in controlling primary in-
FEDERAL REGISTER, VO L. 43, N O . 1 60 — THURSDAY, AUGUST 17, 1978
NOTICES 36515fections of this disease. Cultural practices have also not been successful in commercial planting. However, trifor- ine (N,N-[l,4-piperazinediylbis (2,2,2- trichloroethylidene )]-bis- Cf ormamide]) appeared to be efficacious in suppressing this pathogen. Triforine is registered in the United States under the trade name Funginex EC for use on greenhouse roses (EPA Reg. No. 21137-4).
The applicant planned to use triforine on 45 acres of commerical blueberries in Rhode Island. It was estimated by the applicant that the economic loss from mummyberry disease would be $45,000 if an effective fungicide was not availiable this growing season.
The applicant proposed to use Funginex EC at a rate not to exceed 0.3 pound active ingredient per acre. There would be a maximum of three applications made by ground equipment at 7-day intervals. Applications would be made by State-certified pesticide applicators. Based on the low toxicity, short half-life, and low application rate, no serious hazards to fish and wildlife are expected.
After reviewing the application and other available information, EPA has determined that: (a) a pest outbreak of MonUinia mummyberry is likely to occur this year on bludberries in Rhode Island; (b) there is no pesticide presently registered and available for use to control this pest in that State;(c) there are no alternative means of control, taking into account the efficacy and hazard; (d) significant economic problems may result if the pest is not controlled; and (e) the time available for action to mitigate the problems posed is insufficient for a pesticide to be registered for this use. Accordingly, the applicant has been granted a specific exemption to use the pesticide noted above until July 30, 1978, to the extent and in the manner set forth in the application. The specific exemption is subject to the following conditions:
1. The product Funginex EC, EPA Reg. No. 21137-4, may be applied; ^
2. A maximum of 45 acres may be treated with ground equipment;
3. Triforine will be applied at a rate of 0.3 pound a.i. per acre in 20 to 50 gallons of water;
4. A maximum of three applications may be applied at seven-to-ten day intervals. Application will begin at time of first shoot growth;
5. A minimum of 60 days will elapse between the last application of triforine and harvest;
6. Applications of this pesticide will be made by State-certified pesticide applicators;
7. A triforine residue level not to exceed 0.1 ppm in or on harvested blueberries has been determined to be adequate to protect the public health. The Food and Drug Administration, U.S. Department of Health,
Education, and Welfare has been informed of this action;
8. All applicable directions, restrictions, and precautions on the product label must be followed;
9. The EPA will be immediately informed of any adverse effects resulting from the use of triforine in connection with this exemption; and
10. The applicant is responsible for assuring that all of the provisions of this specific exemption are met and must submit a report summarizing the results of this program by November 30, 1978.(Sec. 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (86 Stat. 973; 89 Stat. 751; 7 U.S.C. 136(a) et seq.).>
Dated: August 10,1978.D ouglas D . Campt,
Acting Deputy Assistant Administrator for Pesticide Programs.
[R Doc. 78-23111 Filed 8-16-78; 8:45 am]
[6705-01]FARM CREDIT ADMINISTRATION
[Farm Credit Administration Order No.810]
DEPUTY GO VERNOR, OFFICE OF ADM INISTRATION
A uthority o f ond O rder o f Precedence o f Certa in O fficers To Act (Revocation o f O rderN o. 7 83 )
1. The Deputy Governor, Administration, shall, subject to the jurisdiction and control of the Governor of the Farm Credit Administration, execute and perform all power, authority, and duties relative to Farm Credit Administration budget, personnel, public affairs, and other internal administrative support services, congressional affairs, and economic analysis, as well as activities relating to farm credit system personnel and public affairs programs, and to all matters incidental thereto, and to administration of all provisions of law pertinent thereto.
2. In the event the Deputy Governor, Administration, Farm Credit Administration, is absent or is not able to perform the duties of his office for any other reason, the officer who is highest on the following list and who is available to act is hereby authorized to exercise and perform all functions, powers, authority, and duties of the Deputy Governor, Administration, pertaining to the functions of his office:
(1) Director, Administrative Division.(2) Director, Personnel Division.(3) Director, Congressional Affairs Divi
sion.(4) Director, Economic Analysis Division.(5) Director, Public Affairs Division.
3. This order shall be effective on July 18, 1978, and revokes Farm Credit Administration Order No. 783, dated January 31, 1975 (40 FR 5815).
C. T. F redrickson, Acting Governor,
Farm Credit Administration. [FR Doc. 78-22985 Filed 8-16-78; 8:45 am]
[6210-01]FEDERAL RESERVE SYSTEM
AM ERICAN N A TIO N A L KIMBALL CORP.
Formation o f Bank Holding Com pany
American National Kimball Corp., Kimball, Nebr., 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 percent or more of the voting shares of the American National Bank of Kimball, Kimball, Nebr. 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 Kansas City'. Any person wishing to comment on the application should submit views in writing to the Reserve bank, to be received not later than September 5, 1978.
Board of Governors of the Federal Reserve System, August 11, 1978.
G riffith L. G arwood, .Deputy Secretary of the Board.
[FR Doc. 78-23068 Filed 8-16-78; 8:45 am]
[6210-01]
LOUISVILLE CO.
Formation o f Bank Holding Com pany
Louisville Co., Omaha, Nebr., 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 91.4 percent or more of the voting shares of Home State Bank, Louisville, Nebr. 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 Kansas City. Any person wishing to comment on the application should submit views in writing to the Secretary, Board of Governors of the Federal Reserve System, Washington, D.C. 20551, to be received no later than September 11,1978.
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36516 NOTICES
Board of Governors of the Federal Reserve System, August 11, 1978.
G riffith L. G arwood, Deputy Secretary of the Board.
[FR Doc. 78-23069 Filed 8-16-78; 8:45 am]
[6210- 01]MISSOURI COUNTRY BANCSHARES, INC.
Formation o f Bank Holding Com pany
Missouri Country Bancshares, Inc., Liberal, Mo., 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 90 percent or more of the voting shares of Citizens Bank of Liberal, Liberal, Mo. 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 Kansas City. Any person wishing to comment on the application should submit views in writing to the Reserve bank, to be received not later than September 6,1978.
Board of Governors of the Federal Reserve System, August 11,1978.
G riffith L. G arwood, Deputy Secretary of the Board.
[FR Doc. 78-23070 Filed 8-16-78 8:45 am]
[ 1610- 01]GENERAL ACCOUNTING OFFICE
REGULATORY REPORTS REVIEW
Receipt o f 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 August 3, 1978 (FMC), and August 10, 1978 (ICC). See 44 U.S.C. 3512 (c) and (d). The purpose of publishing this notice in the F ederal R egister is to inform the public of such receipts.
The notice includes the title of each request received; the name of the agency 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 FMC and ICC 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 September 5, 1978, and should be addressed to Mr. John M. Lovelady,
Assistant Director, Regulatory Reports Review, U.S. General Accounting Office, Room 5106, 441 G Street NW., Washington, D.C. 20548.
Further information may be obtained from Patsy J. Stuart of the Regulatory Reports Review Staff, 202- 275-3532.
F ederal M aritime Com m ission
The FMC requests clearance of a new, voluntary, single-time questionnaire “Survey of Major Virgin Islands Importers” which will be sent to importers in the Virgin Islands so that a better understanding of ocean shipping problems in the islands can be achieved. The FMC estimates respondents will number approximately 75 importers and reporting burden will average 3 hours per report.
Interstate Commerce Com m ission
The ICC requests an extension without change clearance of form F-l, Annual Report, required to be filed by some 146 class A freight forwarders, pursuant to section 412 of the Interstate Commerce Act. Data collected by form F-l are used for economic regulatory purposes. A new schedule is added to the form for only 1978 to provide for reporting summary data on freight loss and damage claims. The schedule was adopted by the Commission in No. 35345 (Sub-No. 2) July 1, 1977. GAO approved the use of this schedule December 30, 1977. The ICC estimates respondents to number approximately 146 and reporting burden to average 25 Vi hours per report.
The ICC requests an extension without change clearance of form F-2, Annual Report, required to be filed by some 27 class B freight forwarders, pursuant to section 412 of the Interstate Commerce Act. Data collected by form F-2 are used for economic regulatory purposes. A new schedule is added to the form for only 1978 to provide for reporting summary data on freight loss and damage claims. The schedule was adopted by the Commission in No. 35345 (Sub-No. 2) July 1, 1977. GAO approved the use of this schedule December 30, 1977. The ICC estimates respondents to number approximately 27 and reporting burden to average 15 hours per report.
The ICC requests an extension without change clearance of form No. ACR-43 Carrier Reclassification Form, applicable to railroads, electric railways, motor carriers of property and passengers, inland and coastal waterways carriers and freight forwarders experiencing a change in- operating revenue for the preceding years which would result in reclassification of the carrier from one class to another for accounting and reporting.. Data collected by form ACR-43 are intended to
eliminate undue delays in carrier reclassification and minimize accounting system implementation problems. The ICC estimates repondents to number approximately 400 annually and reporting burden to average one-half hour per report.
N orman F. Heyl, Regulatory Reports
Review Officer.[FR Doc. 78-23006 Filed 8-16-78; 8:45 am]
[ 1610- 01]REGULATORY REPORTS REVIEW
Receipt and A pprova l o f Report Proposal
A request for emergency clearance of revisions to General Order 27 (46 CFR 542)—Financial Responsibility for Oil Pollution Cleanup and related forms FMC-224, FMC-11, FMC-346, and FMC-244 was received by the Regulatory Reports Review Staff, GAO, on July 19, 1978. See 44 U.S.C. 3512 (c) and (d). The purpose of publishing this notice in the F ederal R egister is to inform the public of such receipt and the action taken by GAO.
F ederal M aritime Com m ission
The Federal Maritime Commission (FMC) requested emergency clearance of revisions to General Order 27 (46 CFR 542)—Financial Responsibility for Oil Pollution Cleanup and related forms FMC-224, Application for Certificate; FMC-11, Request for Missing Information; FMC-346, Request for Confirmation That a Certificate Is Desired; and FMC-244, Certificate of Financial Responsibility. The revised regulations are being issued as a new general order under 46 CFR 542 (revised)—Financial Responsibility for Water Pollution, and the forms have been renumbered as FMC-321, FMC- 11, (revised), FMC-346 (revised), and FMC-329, respectively. These revised regulations were issued in response to the Clean Water Act of 1977. The regulations require that vessel operators demonstrate that they are financially able to meet their liability to the United States resulting from the discharge of oil or hazardous substances into or upon the navigable waters of the United States, adjoining shorelines or waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural authority of the United States. Vessels must carry on board a certificate of financial responsibility in order to lawfully use the navigable waters of the United States.
GAO agreed to accept FMC’s emergency request for clearance due to the exigent need to change 46 CFR 542 because of the passage of the Clean
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36517Water Act of 1977. There are approximately 9,000 certificants who must reapply for new certificates by October 1, 1978, if they are using the navigable waters of the United States. Thé agreement was made after the PMC agreed to include certain language in its notice of proposed rulemaking which would specifically request comments on issues contained in 44 U.S.C. 3512 relating to reporting burden and duplication. GAO independently reviewed the comments received by the Commission regarding these and other issues.
GAO granted emergency clearance of the revisions to the regulations and related forms on July 31, 1978, under the following numbers:
Clearance No. B-180233 (R0544) B-180233 (R0545) B-180233 (R0546) B-180233 (R0547) B-180233 (R0554)
Norman F. Heyl, Regulatory Reports,
Review Officer.[FR Doc. 78-23007 Filed 8-16-78; 8:45 am]
[4110-83]DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
H ealth Resources Adm inistration
NATIONAL COUNCIL O N HEALTH PLA N NING A ND DEVELOPMENT A DVISO RY COMMITTEE
M eeting
In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following National Advisory body scheduled to meet during the month of September 1978:Name: National Council on Health Planning
and Development.Date and Time: September 8, 1978, 8:45
a.m.-4 p.m.Place: Main Auditorium, Hubert H. Hum
phrey Building, 200 Independence Avenue SW., Washington, D.C. 20201.
Open for entire meeting.Purpose: The National Council on Health
Planning and Development is responsible for advising and making recommendations with respect to (1) the development of national guidelines under section 1501 of Pub. L. 93-641, (2) the implementation and administration of titles XV and XVI of Pub. L. 93-641, and (3) an evaluation of the implications of new medical technology for the organization, delivery and equitable distribution of health care services. In addition, the Council advises and assists the Secretary in the preparation of general regulations to carry out the purposes of section 1122 of the Social Security Act and on policy matters arising out of the implementation of it, including the coordination of activities under that section with those under other parts of the Social Security Act or under other Federal or federally assisted health programs. The
Council considers and advises the Secretary on proposals submitted by the Secretary under the provisions of section 1122(d)(2) that health care facilities or health maintenance organizations be reimbursed for expenses related to capital expenditures notwithstanding that under section 1122(d)(1) there would otherwise be exclusion of reimbursement for such expenses.
Agenda: Introduction of new members, Report of Council Agenda Planning Work Group, Report of Council Policy Communication Improvement Work Group, and Health Planning Program Overview.
Anyone wishing to participate, obtain a roster of members, minutes of meetings, or other relevant information should contact Mrs. S. Judy Silsbee, Executive Secretary, National Council on Health Planning and Development, Room 10-27, Center Building, 3700 East-West Highway, Hy- attsville, Md. 20782; telephone 301-436- 7175.
Agenda items are subject to change as priorities dictate.Dated: August 10, 1978.
James A. Walsh, Associate Administrator for Operations and Management.
[FR Doc. 78-23021 Filed 8-16-78; 8:45 am]
[4310-84]DEPARTMENT OF THE INTERIOR
Bureau o f Land M anagem ent
BOISE DISTRICT ID A H O G R A ZIN G A DVISO RY BOARD
M eeting
In accordance with Pub. L. 92-463 the Federal Advisory Committee Act, and Pub. L. 94-579, the Federal Land Policy Management Act, notice is given that the Boise District Grazing Advisory Board will meet on September 26, 1978. The meeting will begin at 9 a.m. in the Owyhee Room of the Rodeway Inn, 29th and Chinden Boulevard, Boise, Idaho.
The agenda for the meeting will include: (1) Discuss and make recommendations on the use of fiscal year 1979 range betterment funds and advisory board fund expenditure; and (2) a review of the fiscal year 1978 range betterment projects.
The meeting ifc open to the public. Interested persons may make oral statements to the board or file written statements for the board’s consideration. Anyone wishing to make an oral statement must notify the District Manager, Bureau of Land Management, 230 Collins Road, Boise, Idaho 83702 by September 15, 1978. Depending on the number of persons wishing to make oral statements, a per person time limit may be established by the District Manager.
Minutes of the board meeting will be maintained in the District Office. They will be available for public in
spection during regular business hours within 30 days following the meeting.
Dated: August 8,1978.D. D ean B ibles, District Manager.
[FR Doc. 78-22979 Filed 8-16-78; 8:45 am]
[4310-84]
CEDAR CITY DISTRICT G R A ZIN G A DVISO RY BOARD
M eeting
Notice is hereby given in accordance with Pub. L. 92-463 that a meeting of the Cedar City District Grazing Advisory Board will be held on September 23, 1978.
The meeting will begin at 9 a.m. in the conference room of the bureau of Land Management Office at 320 North First East, Kanab, Utah. Attendees will then tour grazing allotments around the Kanab and Tropic area.
The agenda for the meeting will include: (1) Tour of grazing allotments to review and make recommendations on proposed allotment management plan (a) objectives, (b) season-of-use, (c) range suitability, (d) grazing capacity, (e) grazing system, (f) range betterment projects, (g) coordination with other resource use; (2) expenditure of range bettwement funds; (3) arrangements for the next meeting.
The meeting is open to the public. Interested persons may make oral statements to the board between 9 and 9:30 a.m., September 23, or file written statements for the board’s consideration. Anyone wishing to make an oral statement must notify the District Manager, Bureau of Land Management, 1579 North Main Street, Cedar City, Utah 84720 by September 19, 1978. Depending on the number of persons wishing to make oral statements, a per person time limit may be established by the District Manager. Persoris desiring to make the tour on September 23 should furnish their own transportation, food, and drink.
Summary minutes of the board meeting will be maintained in the District Office and be available for public inspection and reproductions (during regular business hours) within 30 days following the meetings.
Dated: August 9,1978.J. K ent G iles,
Assistant District Manager.[FR Doc. 78-22989 Filed 8-16-78; 8:45 am]
46 CFR 542 (revised).FMC-321....................FMC-11 (revised)......FMC-346 (revised)....FMC-329....................
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36518
[4310-84]
[Colorado 23396]LANDS IN ROUTT COUNTY, COLO.
Hearing
United States Department of the Interior, Bureau of Land Management, Colorado State Office, Denver, Colo. Notice is hereby given that a public hearing will be held on September 6, 1978 at 7:30 p.m'. in the Routt County Courthouse in Steamboat Springs, Colo. The purpose of the hearing is to obtain public comments, with respect to offering for lease certain coal resources in the lands hereinafter described, on the technical examination- environmental assessment report and on the following items: (1) The method of mining to be employed to obtain maximum economic recovery of the coal (2) the impact that mining the coal in proposed leasehold may have on the area, included but not limited to impacts on the environment, agriculture, and other economic activities, and (3) method of evaluation of the coal to be offered. Comments will be accepted orally or in writing and will be considered prior to lease offering.
In addition, the public is invited to submit written comments on the fair market value of the coal to be offered to the State Director, Bureau of Land Management, Room 700 Colorado State Bank Building, 1600 Broadway, Denver, Colo. 80202.
Coal to be offered: the lands are located in Routt County, Colo, approximately 23 miles southwest of Steamboat Springs, Colo., in the vicinity of the old Johnnie’s mine. The lands are described as follows:
S ixth Principal Meridian, Colorado T. 4 N., R. 86 W.
Section 33: SEViNEVi, NEViSEV* approximately 80.00 acres
Notice of availability: The technical examination-environmental assessment report will be available for review in the Craig District Office, Bureau of Land Managment, 455 Emerson Street, P.O. Box 248, Craig, Colo. 81625.
A copy of the technical examination- environmental assessment report, the case file and the comments submitted by the public on fair market value, except those portions identified as proprietary by the commentor will be available for public inspection at the Bureau of Land Management, Room 700 Colorado State Bank Building, 1600 Broadway, Denver, Colo. 80202.
A n d r e w W. H e a r d , Jr., Leader, Craig Team,
Branch of Adjudication.[FR Doc. 78-22977 Piled 8-16-78; 8:45 am]
NOTICES
[4310-84]
Bureau o f Land M anagem ent
N EVAD A
Filing o f Plats o f Survey and O rder Providing fo r O pening o f Lands
1. The Plats of Survey of lands described below will be officially filed at the Nevada State Office, Reno, Nev., effective 10 a.m. on September 21, 1978:
Mount D iablo Meridian, Nevada
T. 5 S., R. 66 E.T. 10 S., R. 66 E.2. The area surveyed in T. 5 S., R. 66
E. is mountainous, with elevations from 3,900 to 5,700 feet above sea level. Vegetation consists of sagebrush and rabbitbrush. There is a spring in section 27. Access into the township is by an improved road to Elgin, Nev. No mineral formations of consequence were noted.
3. The area (section 24) surveyed in T. 10 S., R. 66 E. is mountainous. Soil varies from sandy clay to rocky. Vegetation is greasewood, yucca, mesquite and joshua trees. Union Pacific Railroad crosses the area. Access into the township is a one trail road which winds along the railroad tracks. No mineral formations noted.
4. Subject to valid existing rights, the provisions of existing withdrawals and classifications, and the requirements of applicable law, the lands are hereby opened to such applications and petitions as may be permitted. All such valid applications received at or prior to 10 a.m. September 21, 1978, shall be considered as simultaneously filed at that time. Those received thereafter shall be considered in order of filing.
Inquiries concerning these lands shall be addressed to the Nevada State Office, Bureau of Land Management, 300 Booth Street, Reno, Nev. 89509.
Dated: August 9, 1978.L o y d C. M il l e r ,
Chief, Branch of Records and Data Management.
[PR Doc. 78-23019 Filed 8-16-78; 8:45 am]
[4310-84]
[NM 34094 and 34095]NEW M EXICO
Applications
A u g u s t 8, 1978.Notice is hereby given that, pursu
ant to section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185), as amended by the act of November 16, 1973 (87 Stat. 576), El Paso Natural Gas Co. has applied for two 4y2-inch
natural gas pipeline rights-of-way across the following land:
New Mexico Principal Meridian, New Mexico
T. 32 N., R. 11 W.,Sec. 27, SEViNEVi and NViiSE1/«.These pipelines will convey natural
gas across 0.539 of a mile of public land in San Juan County, N. Mex.
The purpose of this notice. is to inform the public that the Bureau will be proceeding with consideration of whether the application should be approved, and if so, under what terms and conditions.
Interested persons desiring to express their views should promptly send their name and address to the District Manager, Bureau of Land Management, P.O. Box 6770, Albuquerque, N. Mex. 87107.
F red E. P a d il l a ,Chief Branch of Lands
and Minerals Operations.[PR Doc. 78-23020 Piled 8-16-78; 8:45 am]
[4310-84][Colorado 27106]
ROCKY M O U N TA IN NATURAL GAS C O M P A N Y , INC.
Pipeline Application
A u g u s t 11, 1978.Notice is hereby given that, pursu
ant to section 28 of the Mineral Leasing Act of 1920 (41 Stat. 449), as amended (30 U.S.C. 185), Rocky Mountain Natural Gas Co., Inc., 1600 Sherman Street, Denver, Colo. 80203, has applied for a right-of-way for 4.5-incho.d. natural gas distribution pipeline totaling approximately 13.2 linear miles across the following public lands:
S ixth P rincipal Meridian, Colorado •T. 1 S., R. 99 W.,
Sections 33 and 34 T. 2 S., R. 97 W.,
Sections 5, 6, 7, and 8 T. 2 S., R. 98 W.,
Sections 1, 2, 3, 4, 5, 6, and 12 T. 2 S., R. 99 W.,
Sections 1, 2, 3, and 11.The primary purpose for construc
tion of the proposed pipeline is to enable the applicant to convey natural gas from the Big Hole, Blue Gravel, and Black Sulphur Creek Natural Gas Fields by way of the Big Hole Natural Gas Transmission Line to an industrial customer.
The purposes of this notice are: to inform the public that the Bureau of Land Management will be proceeding with the preparation of environmental and other analyses necessary for determining whether the application should be approved and, if so, under what terms and conditions; to allow in-
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
terested parties to comment on the application; and to allow any persons asserting a claim to the lands or having bona fide objections to the proposed natural gas pipleine right-of-way to file their objections in this office.
Any person asserting a claim to the lands or having bona fide objectfbns must include evidence that a copy thereof has been served on the applicant.
Any comment, claim, or objections must be filed with the Chief, Branch of Adjudication, Bureau of Land Management, Colorado State Office, Room 700, Colorado State Bank Building, 1600 Broadway, Denver, Colo. 80202, as promptly as possible after publication of this notice.
ANDREW W. HEARD, Jr.Leader, Craig Team,
Branch of Adjudication.[FR Doc. 78-22998 Filed 8-16-78; 8:45 am]
[4310-31]
Geological Survey
[Coal Land Classification Order Wyoming No. 154]
W Y O M IN G
Coal Land Classification O rder
Pursuant to authority under the Act of March 3, 1879 (20 Stat. 394; 43 U.S.C. 31), and as delegated to me by Departmental Order 2563, May 2, 1950, under authority of Reorganization Plan No. 3 of 1950 (64 Stat. 1262), the following described lands, insofar as title thereto remains in the United States, are hereby classified as shown:
''S ixth P rincipal Meridian, Wyoming
Reclassified Coal Land From Noncoal LandPrior classification of the following subdi
visions as noncoal land is hereby revoked and the land is reclassified as coal land:T. 46 N., R. 99 W.,
Sec. 23, SEV4SEV4;Sec. 36, NWV4NWV4
The area described aggregates 80 acres (32 ha), more or less, of which all are reclassified as coal land.
Dated: August 7, 1978.W. A. R ad linski,
Acting Director.[FR Doc. 78-22982 Filed 8-16-78; 8:45 am]
NOTICES
[8230-01]INTERNATIONAL COMMUNICATION
AGENCYCULTURALLY SIGNIFICANT WORKS OF ART
A m endm ent o f Determ ination; Extension o fPompeii A .D . 79 Exhibition W ithin the UnitedStates
Pursuant to the authority vested in me by Pub. L. 89-259 of October 19, 1965 (79 Stat. 985, 22 U.S.C. 2459) and Executive Order 12047 of March 27, 1978 (43 PR 13359, March 29, 1978) I hereby amend public notice No. 596, published in the F ederal R egister on March 9, 1978 (43 FR 9665), by adding to the places of exhibition or display; The Art Institute of Chicago, Chicago,111., on or about August 12, 1978, to on or about November 26, 1978, and the Dallas Museum of Fine Arts, Dallas, Tex., on or about January 2, 1978, to on or about March 18,1979.
These additional exhibitions are pursuant to amendments to the loan agreement between the Museum of Fine Arts, Boston, Mass., and the Government of Italy referred to in public notice No. 596 published on March 9, 1978 (43 FR 9665).
Notice of this amendment of the determination is ordered to be published in the F ederal R egister.
J ohn E. R einhardt, Director, International, Communication Agency.
A ugust 11, 1978.[FR Doc. 78-23000 Filed 8-16-78; 8:45 am]
[7020-02]INTERNATIONAL TRADE
COMMISSION[Investigation No. 337-TA-55]
CERTAIN NOVELTY GLASSES
Prelim inary Conference
Notice is hereby given that a preliminary conference will be held in connection with the above styled investigation at 10 a.m., on Wednesday, August 30, 1978, in room 610, Bicentennial Building, 600 E Street NW., Washington, D.C. Notice of this investigation was published in the F ederal R egister on July 11, 1978 (43 F R 29840). The purposes of this preliminary conference are to establish a discovery schedule, to discuss the procedures to be followed in pursuing such discovery, to set the dates for the pre- hearing conference and hearing, and to resolve any other matters necessary to the conduct of this investigation.
If any questions should arise not covered by these instructions, the parties or their counsel shall call the
36519
chambers of the undersigned presiding officer.
The Secretary shall serve a copy of this notice upon all parties of record and shall publish it in the F ederal R egister.
Issued: August 14,1978.Judge D onald K. D uvall,
Presiding Officer.[FR Doc. 78-23095 Filed 8-16-78; 8:45 am]
-------- \[7020-02]
[Investigation No. 337-TA-36]CERTAIN PLASTIC FASTENER ASSEMBLIES
Cancellation o f Hearing
The hearing in this matter noticed for 10 a.m. on August 16, 1978, in room 610 of the Bicentennial Building, 600 E Street NW., Washington, D.C., is hereby cancelled.
The Secretary shall serve a copy of this notice on all parties of record and shall publish it in the F ederal R egister.
Issued: August 14, 1978.J anet D. S axon ,
Administrative Law Judge.[FR Doc. 78-23094 Filed 8-16-78; 8:45 am]
[7020-02][AA1921-187]
MOTORCYCLES FROM JAPA N
Investigation and Hearing
Having received advice from the Department of the Treasury on August 3, 1978) 'th a t motorcycles from Japan, with the exception of merchandise produced by Suzuki Motor Co., Ltd., are being, or are likely to be, sold at less than fair value, the U.S. International Trade Commission on August 11, 1978, instituted investigation No. AA1921-187 under section 201(a) of the Antidumping Act, 1921, as amended (19 U.S.C. 160 (a)), to determine whether an industry in the United States is being, or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States. For the purpose of its determination concerning sales at less than fair value, the Treasury Department defined “motorcycles” as motorcycles having engines with total piston displacement over 90 cubic centimeters, whether for use on or off the road.
A public hearing in connection with the investigation will be held in the Commission’s hearing room, U.S. International Trade Commission, 701 E Street NW., Washington, D.C. 20436, beginning at 10 a.m., e.d.t., on Thursday, September 28, 1978. All persons
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36520 NOTICES
shall have the right to appear by counsel or in person, to present evidence and be heard. Requests to appear at the public hearing, or to intervene under the provisions of section 201(d) of the Antidumping Act, 1921, shall be filed with the Secretary of the Commission at his office in Washington, D.C., not later than noon, Friday, September 22, 1978.
There will be a prehearing conference in connection with this investigation which will be held in Washington, D.C., at 10 a.m., e.d.t., on Friday, September 22, 1978, in room 117, U.S. International Trade Commission Building, 701 E Street NW.
By order of the Commission.Issued: August 14," 1978.
K enneth R. M ason, Secretary.
[FR Doc. 78-23096 Filed 8-16-78; 8:45 am]
[4410-18]DEPARTMENT OF JUSTICE
O ffice o f the A ttorney G eneral
[AAG/A Order No. 4-78]PRIVACY ACT OF 1974
System o f Records
On Friday, September 30, 1977, notice of the existence of the Civil Rights Investigative System (Justice/ LEAA-008) was published in the F ederal R egister’s annual compilation of Privacy Act issuances (42 FR 53318). Categories of records in the system consist of civil rights complaint control logs and civil rights litigation reference files.
On Tuesday, May 9, 1978, notice was published in the Notice Section of the F ederal R egister that the Department of Justice, Law Enforeehient Assistance Administration, proposed to promulgate rules pursuant to 5 U.S.C. 552a(k) to exempt this system fropa the access requirements of 5 U.S.C. 552a(d). On the same day the Department published a proposed rule in the Proposed Rules Section of the F ederal R egister to effect this exemption. No comments were received regarding the proposed regulations.
Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, the regulations published on May 9 are adopted with one minor correction. The correction is identified and the regulations are reprinted in the Rules Section of tod ay’s F ederal R egister.
Dated: August 8, 1978.K evin D. R ooney,
Assistant Attorney General for Administration.
[FR Doc. 78-23119 Filed 8-16-78; 8:45 am]
[4410-01][AAG/A Order No. 6-78]
PRIVACY ACT OF 1974
Systems o f Records; Adoption o f Routine Uses
Pursuant to provisions of the Privacy Act, 5 U.S.C. 552a, on April 27, 1978, the Department of Justice published in the F ederal R egister a proposal to add routine uses and make other modifications to systems of records published in their entirety in the F ederal R egister on September 30, 1977 (42 FR 53288 through 53429). No comments were received regarding the proposed routine uses or the other modifications.
Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, the system changes as published on April 27, are hereby adopted.
Dated: August 8, 1978.K evin D. R ooney,
Assistant Attorney General for Administration.
[FR Doc. 78-23121 Filed 8-16-78; 8:45 am]
[4410-02]
[AAG/A Order No. 7-78]PRIVACY ACT OF 1974
System o f Records (A m end ed )
Pursuant to the general notice requirements of 5 U.S.C. 553(b), (c) and(e) , notice is hereby given that the Department of Justice proposes to amend 28 CFR § 16.96 as it relates to the FBI Central Record System (Justice/FBI- 002) published annually and most recently on September 30,1977.
On August 27, 1975, the Department published a notice establishing the above-named system. On the same day, the Department published a rule exempting the system from subsections (c)(3) and (4), (d), (e)(1), (2) and(3) , (e)(4)(G) and (H), (e)(5) and (8),(f) , (g) and (m) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). While justification for exemption from the access provisions of subsection d(l) was given, the reasons for exemption from the record amendment provisions of subsection (d)(2), (3) and(4) of the Privacy Act were not given. The proposed rule published in the Proposed Rules Section of today’s F ederal R egister will correct this omission by adding a sentence to 28 CFR'
§ 16.96(b)(2) to supplement the published reasons for exempting the system from subsection (d) of the Privacy Act.
Because investigative information is collected daily over long periods and the information is altered and updated on a daily basis by the FBI, amendment of records based on requests from individuals would be impractical.
Comments may be submitted in writing to the Administrative Counsel, Office of Management and Finance, Room 1118, Department of Justice, Washington, D.C. 20530. All comments must be received on or before September 18, 1978. No oral hearings are contemplated.
Dated: August 10, 1978.K evin D . R ooney,
Assistant Attorney General for Administration.
[FR Doc. 78-23122 Filed 8-16-78; 8:45 am]
[4410-05]Bureau o f Prisons
N A TIO N A L INSTITUTE OF CORRECTIONS A DVISO RY BOARD
M eeting
Notice is hereby given that the National Institute of Corrections Advisory Board in accordance with section 10(a) (2) of the Federal Advisory Committee Act (Pub. L. 92-463; 86 Stat. 770) will met on Sunday, October 29, 1978, starting at 1 p.m. in the conference room of the Federal Bureau of Prisons Regional Office, K.C.I. Bank Building, 8800 NW 112th Street, Kansas City, Mo.
This meeting is one of the regularly scheduled triannual meetings of the Advisory Board.
Signed at Washington, D.C. this 10th day of August, 1978.
Allen F. B reed, Director.
[FR Doc. 78-22986 Filed 8-16-78; 8:45 am]
[4410-09]Drug Enforcement Adm inistration
ALM AR PHARM ACY
Denial o f Registration
On June 11, 1976, Albert Marcovsky was convicted of seven counts of illegally distributing controlled substances and one related count of conspiracy to distribute controlled substances in violation of 21 U.S.C. 841 and 846. The criminal offenses of which Mr. Marcovsky was convicted involved the distribution of tens of thousands of dosage units of metha- qualone, a schedule II controlled substance. Mr. Marcovsky paid a fine of
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, A U G U S T '17, 1978
$11,000 and was placed on probation for a period of 5 years.
On August 16, 1976, the Administrator of the Drug Enforcement Administration issued an order to show cause proposing to revoke the DEA certificate of registration of Almar Pharmacy of Carnegie, Pa. Mr. Marcovsky is the owner and operator of Almar Pharmacy. On September 13, 1977, following a full administrative hearing under DEA docket No. 76-33, the Administrator published his final order revoking Almar Pharmacy’s registration under the Controlled Substances Act. (See volume 42, FR 45969.)
On January 31, 1978, Mr. Marcovsky, on behalf of Almar Pharmacy, applied to the Drug Enforcement Administration for a new certificate of registration. On May-1, 1978, the Administrator issued an order to show cause as to why this application should not be denied for reason that Mr. Marcovsky had been convicted of felony offenses relating to controlled substances and for further reason that insufficient time had elapsed since the conviction and revocation to permit an assessment of whether such registration would be in the public interest. Mr. Marcovsky did not request a hearing on the issues raised by this order to show cause. Instead, he provided a written statement of position which was primarily concerned with the economic hardship which loss of a controlled substances registration has caused him and his family.
The Administrator has reviewed the record of this matter, including Mr. Marcovsky’s response to the order to show cause and the administrative law judge’s opinion in the aforementioned docket No. 76-33. In the proceeding, the administrative law judge wrote that “in light of such conduct, Respondent Marcovsky should riot be permitted to dispense controlled substances in a pharmacy.” In his final order in the case, the Administrator adopted the findings and recommendations of the administrative law judge.
The Administrator has given a full measure of consideration to Mr. Marcovsky’s correspondence and the unfortunate situation in which he now finds himself. But the Administrator’s primary concern, as mandated by Congress, must be with the maintenance of effective controls against the diversion of controlled substances from legitimate medical and scientific channels and into the illicit market. The Administrator must take such action as will most likely assure that diversion will not occur. Mr. Marcovsky’s, as evidenced by his conviction and the record of the recent administrative proceedings, has shown a callous disregard for the law, the welfare of the general public, and for his professional
NOTICES
responsibility as a pharmacist. For this reason, it is the Administrator’s opinion that Mr. Marcovsky cannot at the present time be entrusted with any opportunity to dispense controlled substances and that, therefore, his application for registration must be denied.
Mr. Marcovsky has less than 3 years to serve of his term of probation. It is possible that by the end of that period of probation, Mr. Marcovsky may have demonstrated that he is again worthy of the trust and responsibility placed in him when he was originally registered. Completion of the 5 years of probation to the satisfaction of the U.S. District Court which originally sentenced him may well be sufficient to indicate that Mr. Marcovsky could then be trusted with a DEA registration. Therefore, the Drug Enforcement Administration- will again consider an application for registration filed by, or on behalf of, Mr. Marcovsky on June 11, 1981, or as soon thereafter as such application may be filed.
Accordingly, pursuant to the authority vested in the Attorney General by section 303 and 304 of the Controlled Substances Act (21 U.S.C. 823 and 824), and redelegated to the Administrator of the Drug Enforcement Administration, the Administrator hereby orders that the application of Almar Pharmacy be, and it hereby is, denied, effective immediately.
Dated: August 10,1978.Peter B. B ensinger,
Administrator,Drug Enforcement Administration.
[FR Doc. 78-23039 Filed 8-16-78; 8:45 am]
[4410-09]Drug Enforcement Adm inistration
FOS PHARMACEUTICAL C O., INC.
Denial o f Applications fo r Registration
On May 17, 1978, the Administrator of the Drug Enforcement Administration (“DEA”) directed to FOS Pharmaceutical Co., Inc. (Respondent) of Kansas City, Mo., two orders to show cause proposing to deny Respondent’s September 16, 1977, applications for registration under the Controlled Substances Act as a distributor and as a manufacturer (repacker-relabeler) of controlled substances listed in schedules III, IV, and V. The Respondent, through ììSl attorney, waived its right to a hearing and submitted a written statement regarding its position on the matters of fact and law raised by the orders to show cause. This procedure is in accordance with 21 CFR 1301.54(c).
In accordance with the applicable provisions of 21 CFR 1316.66, the Ad-
- 36521
minsitrator hereby publishes his final order in these proceedings.
F indings of Fact
1. The Administrator finds that on or about January 31, 1977, Robert Dean Foster, president of Respondent, delivered 200,000 phendimetrazine tartrate capsules (70-mg) to one John Paul Jones, at 8 South Boeke Street, Kansas City, Kans. On that date, John Paul Jones was not registered in any manner with DEA. The premises at the address to which these controlled substances were delivered was not a location registered with DEA. As a proximate result of this transaction, Mr. Jones transported approximately50,000 phendimetrazine tartrate capsules (70-mg) to New Orleans, La., where he was subsequently arrested by special agents of DEA. Citations in the record supporting these findings are to the transcript of Unites States v. John Paul Jones, et al., Criminal Action No. 77-175, Section “A,” U.S. District Court, Eastern District of Louisiana, specifically: Page 8, line 1 through page 12, line 5; page 23, line 9 through page 33, line 10; page 145, line 5 through page 147, line 16; and page 157, line 18 through page 177, line 9.
2. The Administrator agrees with Judge Schwartz’ finding at the aforementioned trial that the circumstances surrounding the transactions between Robert Dean Foster and John Paul Jones, especially John Paul Jones’ purchase of 200,000 70-mg capsules of Phendimetrazine tartrate from Foster in early 1977, were of such a nature as should make a reasonable man aware that the activities of John Paul Jones with respect to those substances were of an illegal nature. This finding is supported by the previously cited portions of the transcript listed in finding 1.
3. The Administrator also finds that Respondent is no longer authorized by the State of Missiouri, Division of Health, Bureau of Narcotics and Dangerous Drugs, to engage in either the manufacture or the distribution of any controlled substance listed in schedule III. In addition, its Missouri controlled substances registration is limited to activities involving only the following controlled substances listed in schedules IV and V: Phénobarbital, chloral hydrate, chlordiazepoxide, meprobamate, propoxyphene, and diphenoxylate with atropine. This finding is supported by the terms of the agreement between the Division of Health of Missouri, Bureau of Narcotics and Dangerous Drugs and Respondent dated April 20 and April 24, 1978.
Conclusions of Law
1. Under the provisions of the applicable statute, the Administrator, as de- legee of the Attorney General, shall
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36522 NOTICES
register applicants to manufacture and to distribute controlled substances listed in schedules III, IV, and V unless the Administrator determines that the issuance of such registration would be inconsistent with the public interest, pursuant to a consideration of factors listed in 21 U.S.C. 823(d)(l)-(6) and (e)(l)-(5).
2. Three of the factors to be considered under each subsection are “maintenance of effective controls against diversion of particular controlled substances * * * into other than, legitimate medical, scientific, and (or) industrial channels,” “past experience (with reference to) controlled substances,” and “such other factors as may be relevant to and consistent with the public health and safety.” 21 U.S.C. 823(d) (1), (5), and (6); 21 U.S.C. 823(e) (1), (4), and (5).
3. The illegal distribution and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. 21 U.S.C. 801(2).
4. Congress has mandated a system of law and regulations designed to maintain a closed system of distribution and thereby to lessen the potential for diversion of controlled substances. Distributors and manufacturers of controlled substances can be expected to handle greater quantities and wider varieties of controlled substances than other types of registrants. Consequently, the public trust to be imposed on registered distributors and manufacturers is relatively greater than that imposed on other registrants whose contacts with controlled substances are fewer or more remote. In the matter of Commonwealth Wholesale Drug Co., docket No. 77-31 (42 FR 64934, December 29,1977).
5. It is reasonable to conclude, as did Judge Schwartz, that Robert Foster, president of Respondent, knew of the illegal nature of the activities of John Paul Jones with reference to the transaction involving 200,000 phendi- metrazine 70-mg capsules in early 1977, or that, if Mr. Foster did not have such knowledge, his lack of knowledge was the result of his intentional desire not to be aware of the nature of Jones’ activities. See the transcript of United States v. John Paul Jones, et p,l., supra, at page 484, lines 18-22.
6. The record as a whole supports the conclusion that Respondent and its president, Robert Dean Foster, have failed to establish and to maintain effective controls against the diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.
7. The record as a whole supports the conclusion that Respondent’s past
experiences in the repacking, relabeling, and subsequent distribution of controlled substances illustrate its failure to meet its fiduciary responsibilities as a public trustee under the Controlled Substances Act. Such failure constitutes a detriment to the public health and safety.
8. Respondent, as a matter of law, is not entitled to a Federal registration to manufacture or to distribute controlled substances listed in schedule III, due to a lack of authorization from the competent authorities in the State of Missouri for it to engage in those activities. 21 U.S.C. 823 (d)(2) and (e)(2), and 21 U.S.C. 824(a)(3).
9. The issuance of registrations to Respondent to manufacture (repackage-relabel) and to distribute controlled substances listed in schedules III, IV, and V would be inconsistent with the public interest.
D e c is io n
The Administrator, pursuant to 21 CFR 1301.54(e), has considered all of the facts and circumstances involved in this m atter and has concluded that the registration of FOS Pharmaceutical Co., Inc., to be a manufacturer and distributor of controlled substances listed in schedules III, IV, and V would be inconsistent with the public interest.
Therefore, pursuant to the authority vested in the Attorney General, and redelegated to the Administrator of DEA, the Administrator orders that the applications of FOS Pharmaceutical Co., Inc., dated September 16, 1977, to manufacture (repackage-relabel) and to distribute controlled substances in schedules III, IV, and V are hereby denied with leave to reapply for registration not less than one year after the date of publication of this order in the F ed er a l R e g is t e r .
This order is effective September 18, 1978.
Dated: August 10, 1978.P e t e r B . B e n s in g e r ,
Administrator, Drug Enforcement Administration.
[FR Doc. 78-23014 Filed 8-16-78; 8:45 am]
[4410-09]JO H N W . M OO RE, JR, M .D .
Revocation o f Registration
On December 11, 1978, the Administrator of the Drug Enforcement Administration (DEA) issued an order to show cause proposing to revoke DEA Certificate of Registration AM2780624, previously issued to John W. Moore, Jr., M.D. (Respondent), of Detroit, Mich.
The Respondent expressly waived a hearing in this matter and in lieu
thereof submitted a written statement concerning his position on the matters of law arid fact involved. In support of his position, the Respondent also submitted the affidavits of three physicians, a dentist, and two members of the clergy whose testimony concerned the Respondent’s competency as a physician and his service to his community. The Administrator has given full weight and consideration to the aforementioned documents as well as to the investigative file in this matter.
The investigative file reveals that on at least three occasions an undercover investigator of the Michigan Diversion Investigative Unit purchased controlled substances, without prescriptions, from a Detroit pharmacist. Subsequently the pharmacist told the investigator that the Respondent was writing - prescriptions to cover the pharmacist’s illegal distributions of controlled substances. Eventually, the investigator was given an introduction to the Respondent. Thereafter, on several occasions, the investigator obtained prescriptions for controlled substances, including schedule II narcotics, from the Respondent, although the investigator clearly indicated that she had no legitimate medical need for such drugs and, in fact, stated that she had been using Dilaudid to “get high.”
On May 20, 1977, the Respondent was indicated by a Federal grand jury sitting in the eastern district of Michigan. The indictment charged the Respondent with one count of conspiring to unlawfully distribute controlled substances and five counts of distributing controlled substances in violation of Title 21, United States Code, Section 841(a)(1). On October 6, 1977, following his plea of nolo contendere to a single distribution count, the Respondent was convicted.
The Administrator finds that the Respondent has been convicted of a felony offense relating to controlled substances and that, therefore, there is a lawful or statutory basis for the revocation of his controlled substances registration pursuant to Title 21, United States Code, Section 824(a)(2). In light of the Respondent’s past conduct with respect to prescriptions for controlled substances, the Administrator finds that revocation of his DEA registration will be an appropriate sanction which will preclude future mishandling of controlled substances by this Respondent.
Therefore, pursuant to the authority granted to the Attorney General by section 304 of the Controlled Substances Act (21 U.S.C. 824), as redelegated to the Administrator of the Drug Enforcement Administration, the Administrator hereby orders that DEA Certificate of Registration AM2780624 be, and it hereby is, re-
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36523voked. This order shall be effective September 18,1978.
Dated: August 9,1978.P eter B. B ensinger,
Administrator, Drug Enforcement Administration.
[PR Doc. 78-23012 Piled 8-16-78; 8:45 am]
[4410-09]
[Docket No. 77-40]M A X IM O R. SARMIENTO, M .D .
Revocation o f Registration
On November 17, 1977, the Administrator of the drug Enforcement Administration (DEA) issued to Maximo R. Sarmiento, M.D. (respondent), an order to show cause proposing to revoke the respondent’s DEA Certificate of Registration, AS5589203, for reason that on September 20, 1977, in the United States District Court for the Northern District of California, the respondent was convicted of 22 counts of distributing controlled substances in violation of Title 21, United States Code, Section 841(a)(1), felony offenses relating to controlled substances. The respondent requested a hearing. Following the conclusion of prehearing proceedings, and pursuant to notice published in the F ederal Register, the hearing in this matter was held on May 23, 1978, in San Francisco, Calif. The Honorable Francis L. Young, Administrative Law Judge, presided.
On July 25, 1978, pursuant to 21 CFR 1316.65, Judge Young certified the record of these proceedings to the Administrator, together with his opinion, recommended rulings, findings of fact, conclusions of law, and a recommended decision. The A d m in is tr a to r , pursuant to 21 CFR 1316.66, hereby publishes hik final order in this matter, based on the findings of fact and conclusions of law set forth below.
The Administrator finds that on September 20, 1977, following a jury trial in the United States District Court for the Northern District of California, the respondent was convicted of 22 counts of distributing controlled substances in violation of 21 U.S.C. 841(a)(1). There is a lawful basis for the revocation of the respondent’s DEA registration pursuant to 21 U.S.C. 824(a)(2).
The administrative law judge found that on 11 different occasions, three female undercover operatives of the California Diversion Investigative Unit (DIU) obtained prescriptions for Schedule II controlled substances from the respondent without giving the slightest indication of legitimate medical need for such drugs. Except for each of these agent’s first visit, none of them subsequently saw Dr.
Sarmiento; the operatives would merely request prescriptions for the desired drugs from the receptionist who would collect the fee for the office visit, obtain the prescriptions and hand them over.
In the Spring of 1976, an informal survey of physicians’ prescribing practices was made in the San Francisco area by the California DIU and DEA. After some initial investigatidh, 13 Bay Area pharmacies, known to do a high volume of Schedule II prescription business, were visited and their prescription records examined. During the months of April, May, and June 1976 these 13 pharmacies filled approximately 20,600 prescriptions for Schedule H controlled substances. Although these represented the prescriptions of some 900 practitioners, the respondent alone was responsible for 4,663 of them. Judge Young found that although this survey may have been “unscientific,” its results can properly be relied upon to support a finding that the respondent was prescribing Schedule II drugs in frequency enormously greater than that of the average Bay Area physician. The actions of other persons, “patients” in the respondent’s office, observed there by one or more of the DIU agents, support a finding that large numbers of people were obtaining prescriptions from the respondent without having demonstrated legitimate medical need. Like the agents, on each of their visits after the first, people were observed arriving at the respondent’s office, talking briefly to the receptionist, and after a short wait, receiving a prescription from the receptionist, making a payment to her in one form or another, and then* leaving the premises without having seen the respondent. All of the evidence, in the opinion of the Aministrator, fully justifies a finding that the respondent wrote many thousands of prescriptions for Schedule II controlled substances without making any determination that such drugs were needed for a legitimate medical purpose.
The administrative law judge further found that the respondent chose not to contest charges made against him of obtaining payments unlawfully from the California Medi-Cal program. The respondent is required to pay $240 per month to the State for a period of 3 years, $100 of which sum is a fine and $140 of which is restitution. In addition, the respondent has been required to serve 400 horn’s in some charitable activity.
The respondent is 48 years of age. He is married and has three children. Both he and his wife are naturalized citizens of the United States and are originally from the Philippines. The respondent testified in the hearing of this matter, as did his wife and four
other witnesses called by him. From their testimony it appears that the respondent does have some legitimate patients who hold him in high regard as a physician and as a person. At the hearing in these DEA proceedings, the respondent and his attorney limited themselves to matters in mitigation. This consisted principally of showing the unfortunate and unhappy situation in which the respondent and his family now find themselves. In the Administrative law judge’s view, the respondent’s conduct was so outrageous and reckless that he made no effort at all to show that there were extenuating circumstances with respect to the incidents which led to his conviction. The respondent flagrantly violated the laws regulating controlled substances. The Administrator hereby adopts the findings of fact and conclusions of law recommended by Judge Young.
In recommending that the Administrator revoke the respondent’s DEA registration, the administrative law judge stated that “the Administrator must be primarily concerned with the maintenance of controls over the regulated substances, with taking the action most likely to assure that diversion does not again occur at the hands of this respondent. The callous disregard shown by the respondent for the law, the welfare of the general public, and the professional resonsibilities of the physician argue rather convincingly that the respondent cannot be entrusted at this point in time with any opportunity to prescribe controlled substances.” The Administrator fully concurs in this analysis.
In view of all of the facts and circumstances in this case, it is the Administrator’s decision that the respondent’s registration be immediately revoked. However, the Administrator accepts the ac$ninistrative law judge’s recommendation that DEA give constructive consideration to respondent’s application for registration in about 4 years when the respondent completes the probationary period imposed on him by the U.S. District Court. At that time, provided that he is still licensed to practice medicine, the respondent may have demonstrated that he is again worthy of the trust and responsibility originally placed in him when he was licensed to practice medicine and granted a DEA registration.
Accordingly, pursuant to the authority vested in the Attorney General by Section 304 of the Controlled Substances Act (21 U.S.C. 824), and redelegated to the Administrator of the Drug Enforcement Administration, the Administrator hereby orders that DEA Certificate of Registration AS5589203 be, ana it hereby is, revoked, effective immediately.
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36524
Dated: August 9,1978.P e t e r B . B e n s in g e r ,
Administrator, Drug Enforcement
Administration. [PR Doc. 78-23013 Piled 8-16-78; 8:45 am]
[4410-09]MANUFACTURE OF CONTROLLED SUBSTANCES
Registration
By notice dated June 23, 1978, and published in the Fe d e r a l R e g is t e r on June 29, 1978 (43 FR 28259), Wyeth Labs., Inc., 611 East Nield Street, West Chester, Pa. 19380, made application to the Drug Enforcement Administration to be registered as a bulk manufacturer of meperidine (9230), a basic class of controlled substance listed in Schedule II.
No comments or objections having been received, and pursuant to section 303 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and title 21, Code of Federal Regulators § 1301.54(e), the Administrator hereby orders that the application submitted by the above firm for registration as a bulk manufacturer of the basic class of controlled substance listed above is granted.
Dated: August 9,1978.P e t e r B . B e n s in g e r ,
Administrator, Drug Enforcement
Administration.[FR Doc. 78-23011 Filed 8-16-78; 8:45 am]
[4410-09]MANUFACTURE OF CONTROLLED SUBSTANCES
Application
Pursuant to 21 U.S.C. 823(a)(1), and § 1301.43(a) of title 21 of the Code of Federal Regulations (CFR), this is notice that on July 21, 1978, Collaborative Research, Inc., 1365 Main Street, Waltham, Mass. 02154, made application to the Drug Enforcement Administration (DEA) for registration as a bulk manufacturer of the schedule I controlled substance lysergic acid diethylamide (7315).
Any other such applicant, and any person who is presently registered with DEA to manufacture such substance, may file comments or objections to the issuance of the above application and may also file a written request for a hearing thereon in accordance with 21 CFR 1301.54 and in the form prescribed by 21 CFR 1316.47.
Any such comments, objections, or requests for a hearing may be addressed to the Administrator, Drug Enforcement Administration, United
NOTICES
States Department of Justice, 1405 I Street NW., Washington, D.C. 20537, Attention: DEA Federal Register Representative (room 1203), and must be filed no later than September 18, 1978.
Dated: August 9, 1978.P e t e r B . B e n s in g e r ,
Administrator, Drug Enforcement
Administration. [FR Doc. 78-23010 Filed 8-16-78; 8:45 am]
[6820-31]MARINE MAMMAL COMMISSION
PRIVACY ACT ISSUANCES
Incorporation by Reference
AGENCY: Marine Mammal Commission.ACTION: Incorporation by reference of Privacy Act issuances.SUMMARY: Federal agencies are required by the Privacy Act of 1974 to give annual notice of certain records they maintain. The notices published last year were compiled by the Office of the Federal Register into “Privacy Act Issuances—1977 Compilation.” The purpose of this document is to incorporate by reference the notices that appear in “Privacy Act Issuances—1977 Compilation” and to publish in full the systems that this agency has amended since publication of the 1977 Compilation.DATES: This document fulfills the annual notice requirements of the Privacy Act for 1978.FOR FURTHER INFORMATION CONTACT:
Robert Eisenbud, General Counsel,1625 I Street NW., Room 307, Washington, D.C. 20006, 202-653-6237.
Approval of the D irector
The notices of systems of records of this agency which appear in “Privacy Act Issuances—1977 Compilation” are incorporated by reference. The Director of the Office of the Federal Register granted approval to incorporate by reference these Privacy Act issuances on July 13,1978.
1977 Compilation Up -To-Date
Information about this agency’s systems of records that appears in “Privacy Act Issuances—1977 Compilation” is complete and up-to-date. Since publication of the 1977 compilation, this agency has made no changes to its systems of records.
Availability of 1977 Compilation
“Privacy Act Issuances—1977 Compilation” is available from regional depository Libraries at 50 locations
around the country and can be examined at these libraries free of charge. The 1977 compilation is also available at the General Services Administration Federal Information Centers, which are located at 38 central points around the country and may be examined at the central headquarters and all field offices of this agency. It is also available for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Upon request, the Office of the Federal Register will furnish a photocopy of the full text of a particular records system published in the 1977 compilation for a nominal fee.
L o c a t io n o f N o t ic e s i n 1977 C o m p il a t io n
Notices of this agency’s systems of records appear in volume 1 of the 1977 compilation at 47431-47433 (42 FR 47431, Sept 20, 1977). Thé price of this volume is $6.50.
J o h n R . T w i s s , J r ., Executive Director.
A u g u s t 13, 1978.[FR Doc. 78-23118 Filed 8-16-78; 8:45 am]
[7590-01]NUCLEAR REGULATORY
COMMISSION
[Docket No. 50-313]ARKANSAS POWER & LIGHT CO.
Issuance o f A m endm ent to Facility O perating License
The U.S. Nuclear Regulatory Commission (the Commission) has issued amendment No. 34 to Facility Operating License No. DPR-51, issued to Arkansas Power & Light Co. (AP&L) or the licensee), which revised the Technical Specifications for operation of Arkansas Nuclear One, Unit No. 1 (ANO-1 or the facility) located in Pope County, Ark. The amendment is effective as of its date of issuance.
This amendment modifies the ANO- 1 technical specifications dealing with the organization structure and deletes the requirements of the technical specifications concerning respiratory protection which are now stipulated in 10 CFR 20.103.
The application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the^Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. Prior public notice of-this amendment
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
was not required since the amendment does not involve consideration.
The Commission has determined that the issuance of this amendment will not result in any significant environmental impact and that pursuant to 10 CFR § 51.5(d)(4) an environmental impact statement or negative declaration and environmental impact appraisal need not be prepared in connection with issuance of this amendment.
For further details with respect to this action, see (1) the licensee’s application for amendment dated January 20, 1978, (2) amendment No. 34 to license No. DPR-51, and (3) the Commission’s related safety evaluation. All of these items are available for public inspection at the Commission’s Public Document Room, 1717 H Street NW., Washington, D.C. and at the Arkansas Polytechnic College, Russellville, Ark. A copy of items (2) and (3) may be obtained upon request addressed to the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Director, Division of Operating Reactors.
Dated at Bethesda, Md, this 7th day of August 1978.
For the Nuclear Regulatory Commission.
R obert W. R eid, Chief, Operating Realtors
Branch No. 4, Division of Operating Reactors.
[FR Doc. 78-22968 Filed 8-16-78; 8:45 am]
[7590-01][Docket No. 50-368]
ARKANSAS POWER A N D LIGHT CO.
Granting o f R elief From ASME Section XI Inservice Testing Requirements
The U.S. Nuclear Regulatory Commission (the Commission) has granted relief from Certain requirements of the ASME Code, Section XI, “Rules for Inservice Inspection of Nuclear Power Plant Components” to Arkansas Power and Light Co. The relief relates to the inservice testing program for the Arkansas Nuclear One—Unit 2 located in Pope County, Ark. The ASME Code requirements are incorporated by reference into Section 4.05.a.l of the facility Technical Specifications. The relief is effective as of its date of issuance.
The relief consists of alternate methods to meet the testing requirements of section XI of the ASME Boiler and Pressure Vessel Code for Code Class 1, 2 and 3 pumps and valves.
The request for relief complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commis-
NOTICES
sion has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR Chapter I, which are set forth in the letter granting relief. Prior public notice of this action was not required since the granting of this relief from ASME Code requirements does not involve a significant hazards consideration.
The Commission has determined that the granting of this relief will not result in any significant environmental impact and that pursuant to 10 CFR 51.5(d)(4) an environmental impact statement or negative declaration and environmental impact appraisal need not be prepared in connection with this action.
For further details with respect to this action, see: (1) licensee’s request for relief dated June 15, 1978, (2) the Commission’s letter to the licensee dated August 8, 1978.
These items are available for public inspection at the Commission’s Public document Room, 1717 H Street NW., Washington, D.C. and at the Arkansas Polytechnic College, Russellville, Ark. 72801. A copy of item (2) may be obtained upon request addressed to the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Director, Division of Project Management.
36525
Dated at Bethesda, Md., this 8th day of August 1978.
For the Nuclear Regulatory Commission.
John F. Stolz,Chief, Light Water Reactors
Branch No. 1, Division of Project Management.
[FR Doc. 78-22967 Filed 8-16-78; 8:45 am]
[7590-01]LICENSES TO EXPORT NUCLEAR FACILITIES OR
MATERIALS
Applications
Pursuant to 10 CFR 110.70, “Public Notice of Receipt of an Application”, please take notice that the Nuclear Regulatory Commission has received the following applications for export licenses during the period of July 24- 28, 1978. A copy of each application is on file in the Nuclear Regulatory Commission’s Public Document Room located at 1717 H Street NW., Washington, D.C.
For the Nuclear Regulatory Commission.
Dated this Day August 3, 1978 at Bethesda, Md.
Gerald G. Oplinger, Assistant Director Export/
Import and International Safeguards Office of International Programs.
Name of applicant, date of application, date received, and application number
Material in kilograms or reactor type and
power levelEnrichment End-use
Countryof
destination
General Atomic Co., July 18, 1978, July 24, 1978, XSNM01088, amendment 01.
Westinghouse Electric July 18,1978, July 24,1978, XSNM01349.
Additional 4.5 uranium, 4.2 U 2“.
93.15 Fuel for the Tehran research reactor.
Iran.
25,000 uranium............... 3.25 Reload on No. 4 of the Bugey 2 nuclear power reactor.
France.
Transnuclear, Inc., July 26, 1978, July 26, 1978, XSNM01350.
2.1 plutonium........ „....... Used in scope of fast breeder program of common European program.
WestGermany.
Union Carbide Corp., July 21, 1978, July 27, 1978, XSNM01354.
7.33 uranium................... 93 CERCA for fabrication of fuel elements and return to United States.
France.
Transnuclear, Inc., July 28, 1978, July 28, 1978, XSNM01355.
101 uranium.................... 93.3 Used in NRX, NRU, and Slowpoke reactors and for WNRE Thoria fuel development.
Canada.
[FR Doc. 78-22971 Filed 8-16-78; 8:45 am]
[7590-01]LICENSES TO EXPORT NUCLEAR FACILITIES OR
MATERIALS
Applications
Pursuant to 10 CFR 110.70, “Public
Notice of Receipt of an Application,” please take notice that the Nuclear Regulatory Commission has received the following applications for export licenses during the period of July 31 through August 4. A copy of each application is on file in the Nuclear Reg-
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36526 NOTICES
ulatory Commission’s Public Document Room located at 1717 H Street NW., Washington, D.C.
Dated this day August 9,1978, at Be- thesda, Md.
Name of applicant, date of Material in kilograms application, date received, or reactor type and and application number power level
Westinghouse Electric Corp., 109,406.17 uranium........July 28, 1978, Aug. 2, 1978,XSNM01357.
Tech. Aid Inc., Aug. 4,1978, 19,000 lbs heavy water....Aug. 4, 1978, XMAT0012.
Westinghouse Electric, Aug. Components for 3,1978, Aug. 4,1978, Philippine NuclearXCOM0013. Power Plant Unit No.
1.
[7590-01]REGULATORY GUIDE
Issuance and A va ila b ility
The Nuclear Regulatory Commission has issued a new guide in its regulatory guide series. This series has been developed to describe and make available to the public methods acceptable to the NRC staff of implementing specific parts of the Commission’s regulations and, in some cases, to delineate techniques used by the staff in evaluating specific problems or postulated accidents and to provide guidance to applicants concerning certain of thé information needed by the staff in its review of applications for permits and licenses.
Regulatory Guide 1.56, Revision 1, “Maintenance of Water Purity in Boiling Water Reactors,” describes a method acceptable to the NRC staff for minimizing the probability of corrosion-induced failure of the reactor coolant pressure boundary in boiling water reactors by maintaining acceptable purity levels in the reactor coolant. It further describes instrumentation acceptable to the NRC staff for determining the condition of the reactor coolant and coolant purification systems in boiling water reactors.
Comments and suggestions in connection with (1) items for inclusion in guides currently being developed or (2) improvements in all published guides are encouraged at any time. Public comments on regulatory guide 1.56, revision 1, will, however, be particularly
For the Nuclear Regulatory Commission.
Gerald G. Oplinger, Assistant Director, Export/
Import and International Safeguards, Office of Interna* tional Programs.
CountryEnrichment End-use of
destination
3.30 Reloads for Ringhals Sweden. Nos. 3 and 4.
Will be used in critical Taiwan, assembly project to measure reactor fundamental parameters.
$15,000,000....................... Philippines.
useful in evaluating the need for an early revision if received by October13,1978.
Comments should be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch.
Regulatory guides are available for inspection at the Commission’s Public Document Room, 1717 H Street NW., Washington, D.C. Requests for single copies of issued guides (which may be reproduced) or for placement on an automatic distribution list for single copies of future guides in specific divisions should be made in writing to the U.S. Nuclear Regulatory Commissison, Washington, D.C. 20555, Attention: Director, Division of Technical Information and Document Control. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them.(5 U.S.C. 552(a).)
Dated at Rockville, Md., this 7th day of August 1978.
For the Nuclear Regulatory Commission.
R obert B. M inogue, Director, Office of
Standards Development[FR Doc. 78-22974 Filed 8-16-78; 8:45 am]
[7590-01]REGULATORY GUIDES UNDER DEVELOPMENT
The Nuclear Regulatory Commis-
sion, in its continuing effort to provide for increased public participation in the regulatory process, is publishing the titles and scopes of regulatory guides under development as of July 1, 1978, and, where appropriate, the related national standards such as those of the American National Standards Institute (ANSI), American Nuclear Society (ANS), Institute of Electrical and Electronics Engineers (IEEE), and the American Society of Mechanical Engineers (ASME). At the end of the title of the guide, the Office of Standards Development task number is given. This task number is temporarily used to identify the guide during its development.
The primary purposes of regulatory guides are (1) to describe and make available to the public methods acceptable to the NRC staff of implementing specific parts of the Commission’s regulations and in some cases to delineate techniques used by the staff in evaluating specific problems or postulated accidents and (2) to provide guidance to applicants concerning certain of the information needed by the NRC staff in its review of applications for permits and licenses. Regulatory guides are not intended as substitutes for regulations, and therefore compliance with these guides is not required. Methods and solutions different from those set forth in the guides will be acceptable if they provide a basis for the findings requisite to the issuance or continuance of a permit or license by the Commission.
Although these guides are not yet available, suggestions in connection with the regulatory guides under development are encouraged and should be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Services Branch.
Following is the list of regulatory guides under development as of July 1, 1978, with the scope of the guide and any related national standards. The list is divided into two parts: Existing guides that are being revised and new guides under development. This list will be updated and published periodically.
R egulatory Guides B eing R evised
DIVISION 1, POWER REACTOR GUIDESRevision 2 to Regulatory Guide 1.7,
Control of Combustible Gas Concentrations in Containment Following a Loss-of-Coolant Accident (EM 526-1).
Scope: To provide an acceptable method for meeting NRC requirements relative to the control of com-
[FR Doc. 78-22972 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36527bustible gas concentrations in containment.
Related Standard: ANSI N275 (draft), Containment Hydrogen Control.
Revision 2 to Regulatory Guide 1.8, Personnel Selection and Training (RS 807-5).
Scope: To describe methods acceptable to the NRC staff for complying with Commission requirements for personnel selection and training at nuclear power plants.
Related Standard: ANSI/ANS 3.1- 1978, Selection and Training for Nuclear Power Plant Personnel.
Revision 1 to Regulatory Guide 1.9, Selection of Diesel Generator Set Capacity for Standby Power Supplies (RS 710-5).
Scope: To describe an acceptable program for selection, design, and qualification of diesel generator units. The revision will (1) expand the scope by endorsing, with appropriate exceptions, IEEE Std 387-1977, and (2) update the data on diesel generator capacity selection.
Related Standard: IEEE Std 387- 1977, IEEE Standard Criteria for Diesel Generator Units Applied as Standby Power Supplies for Nuclear Power Generating Stations.
Revision 2 to Regulatory Guide 1.12, Instrumentation for Earthquakes (EM 707-5).
Scope: To specify the seismic instrumentation acceptable to the staff.
Related Standard: ANSI N18.5, Earthquake Instrumentation Criteria for Nuclear Power Plants.
Revision 2 to Regulatory Guide 1.13—Spent Fuel Storage Facility Design Basis (FP 701-5).
Scope: To describe acceptable fuel storage and handling systems with adequate safety under normal and postulated accident conditions.
Related Standard: ANS 210-1976, Design Objectives for Light Water Reactor Spent Fuel Storage Facilities at Nuclear Power Stations.
Revision 1 to Regulatory Guide 1.25, Assumptions Used for Evaluating the Potential Radiological Consequences of a Fuel Handling Accident in the Fuel Handling and Storage Facility for Boiling and Pressurized Water Reactors (EM 802-4).
Scope: To provide guidance for dose calculation of fuel handling accident.
Related Standard: None.Revision 2 to Regulatory Guide 1.28,
Quality Assurance Program Requirements (Design and Construction) (RS 707-5).
Scope: To describe overall quality assurance program requirements.
Related Standard: ANSI N45.2-1977, Quality Assurance Program Requirements for Nuclear Power Plants.
Revision 3 to Regulatory Guide 1.29, Seismic Design Classification (EM 709-4).
Scope: To describe an acceptable method of identifying and classifying those features of light-water reactor plants that should be designed to withstand the effects of the safe shutdown earthquake.
Related Standard: None.Revision 1 to Regulatory Guide 1.50,
Control of Preheat Temperature for Welding of Low-Alloy Steel (SC 712- 4).
Scope: To describe acceptable methods for controlling the preheat temperature for the welding of low-alloy steel. The revision will take into account present day fabrication expertise and current data from research programs.
Related Standard: ASME Code.Revision 1 to Regulatory Guide 1.56,
Maintenance of Water Purity in Boiling Water Reactors (SC 718-4).
Scope: To provide guidance on the maintenance of purity .levels in boiling water reactors to minimize the probability of corrosion-induced failures.
Related Standard: None.Revision 2 to Regulatory Guide 1.63,
Electric Penetration Assemblies in Containment Structures for Light- Water-Cooled Nuclear Power Plants (RS 612-4).
Scope: To provide improved guidance with respect to maintaining the integrity of containment electric penetration assemblies.
Related Standard: IEEE Std 317- 1976, Electric Penetration Assemblies in Containment Structures for Nuclear Power Generating Stations.
Revision 2 to Regulatory Guide 1.68, Initial Test Program for Water-Cooled Nuclear Power Plants (RS 501-4).
Scope: To describe the general scope and depth of acceptable initial test programs for water-cooled nuclear powerplants.
Related Standard: None.Revision 1 to Regulatory Guide
1.68.2, Initial Startup Testing Program for Facility Shutdown From Outside the Control Room (RS 507-4).
Scope: To describe an acceptable initial startup test program for facility shutdown from outside the control room.
Related Standard: None.Revision 1 to Regulatory Guide 1.71,
Welder Qualification for Areas of Limited Accessibility (SC 608-4).
Scope: To provide guidance for qualifying welders to perform in areas of limited accessibility.
Related Standard: ASME Code.Revision 1 to Regulatory Guide 1.72,
Spray Pond Piping Made From Fiberglass-Reinforced Thermosetting Resin (SC 532-5).
Scope: To provide guidance on implementing requirements with regard to
design, fabrication, and testing of fiberglass-reinforced thermosetting resin for spray pond applications associated with light-water-cooled and gas- cooled reactors.
Related Standard: ASME Code Case.Revision 2 to Regulatory Guide 1.75,
Physical Independence of Electric Systems (RS 489-4).
Scope: To describe methods acceptable to the NRC staff for insuring physical independence of electric systems in nuclear powerplants.
Related Standard: IEEE Std 384- 1974, Criteria for Separation of Class IE Equipment and Circuits.
Revision 1 to Regulatory Guide 1.80, Preoperational Testing of Instrument Air Systems. (RS 709-4).
Scope: To describe an acceptable initial startup test program for instrument and control air systems. The revision will (1) expand guide’s scope to include non-safety-related air systems (as well as safety-related), (2) provide for detailed failure analysis of plant air systems, and (3) provide for preoperational tests to verify failure analysis.
Related Standard: None.Revision 13 to Regulatory Guide
1.84, Code Case Acceptability—ASME Section III Design and Fabrication (SC 811-4).
Scope: To present the NRC staff position on ASME Section III Code Cases related to design and fabrication. The guide, is revised periodically to add cases that have been judged acceptable and to remove code cases withdrawn by ASME.
Related Standard: ASME Code.Revision 13 to Regulatory Guide
1.85, Code Case Acceptability—ASME Section III Materials (SC 812-4).
Scope: To present the NRC staff postion on ASME Section III Code Cases related to materials. The guide is revised periodically to add code cases that have been judged acceptable and to remove code cases withdrawn by ASME.
Related Standard: ASME Code.Revision 1 to Regulatory Guide 1.89,
Qualification of Class IE Equipment for Nuclear Power Plants (RS 042-2).
Scope: To provide guidance on qualification of electric equipment for nuclear powerplants.
Related Standard: IEEE Std 323- 1974, Standard for Qualifying Class IE Equipment for Nuclear Power Generating Stations.
Revision 1 to Regulatory Guide 1.98, Assumptions Used for Evaluating the Potential Radiological Consequences of a Radioactive Offgas System Failure in a Boiling Water Reactor (EM 027-2).
Scope: To provide guidelines for calculating limits of radioactivity release from boiling water reactor offgas systems.
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36528
Related Standard: None.Revision 2 to Regulatory Guide
1.101, Emergency Planning for Nuclear Power Plants., (SD 803-4).
Scope: To describe methods acceptable to the NRC. staff for emergency planning for nuclear powerplants.
Related Standard: None.Revision 1 to Regulatory Guide
1.104, Overhead Crane Handling Systems for Nuclear Power Plants (SC 512-4).
Scope: To describe functional requirements acceptable to the NRC staff for design, fabrication, testing, and operation of overhead crane handling systems for nuclear power plants.
Related Standard: None.Revision 1 to Regulatory Guide
1.125, Physical Models for Design and Operation of Hydraulic Structures and Systems for Nuclear Power Plants (SS 701-4).
Scope: To provide guidance on documentation for physical hydraulic models and on staff participation in disign, operation, and interpretation.
Related Standard: None.Revision 1 to Regulatory Guide
1.128, Installation Design and Installation of Large Lead Storage Batteries for Nuclear Power Plants (RS 604-5).
Scope: To describe methods acceptable to the NRC staff for the installation design and installation of large lead storage batteries for nuclear powerplants.
Related Standard: IEEE Std 484- 1975, Recommended Practice for Installation Design and Installation of Large Lead Storage Batteries for Generating Stations and Substations.
Revision 1 to Regulatory Guide1.130, Design Limits and Loading Combinations for Class 1 Plate-and-Shell- Type Component Supports (SC 602-4).
Scope: To delineate acceptable design limits, acceptable loading combinations, and additional supplementary criteria for the design and construction of Class 1 shell-and-plate- type component Supports.
Related Standard: None.Revision 1 to Regulatory Guide
1.131, Qualification Tests of Electric Cables, Field Splices, and Connections for Light-Water-Cooled Nuclear Power Plants (RS 050-2).
Scope: To provide guidance for type tests of electric cables, field splices, and connections installed inside the containment of nuclear powerplants.
Related Standard: ANSI/IEEE Std 383-1974, Type Test of Class IE Electric Cables, Field Splices, and Connections for Nuclear Power Generating Stations.
Revision 1 to Regulatory Guide1.133, Loose-Part Detection Program for the Primary System of Light- Water-Cooled Reactors (SC 523-4).
NOTICES
Scope: To describe a program acceptable to the NRC staff for loose-part detection in the primary system of light-water-cooled reactors.
Related Standard: None.Revision 1 to Regulatory Guide
1.134, Medical Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear Power Plants (RS 616-5).
Scope: To provide criteria to be used by physicians to evaluate the medical qualifications of a nuclear reactor operator or applicant.
Related Standard: ANSI N546-1976, Medical Certfication and Monitoring of Personnel Requiring Operator Licenses for Nuclear Power Plants.
Revision 1 to Regulatory Guide1.135, Normal Water Level and Discharge at Nuclear Power Plants (SS 613-4).
Scope: To define criteria and methodology for determining ambient ground and surface water level and flow at time of occurrence of extreme design basis events.
Related Standard: None.Revision 1 to Regulatory Guide
1.136, Material for Concrete Containments (SC 703-4).
Scope: To describe the NRC staff position on the acceptability for NRC licensing actions of CC-2000 of the Code for Concrete Reactor Vessels and Containments published jointly by the American Society of Mechanical Engineers (ASME Boiler and Pressure Vessel Code, Section III, Division 2, 1975 edition) and the American Concrete Institute (ACI Standard 359-74), and its 1975 Winter addenda to the Code; In those areas where the NRC finds provisions of the referenced Code not sufficient for licensing purposes, supplementary guidelines are given.
Related Standard: ASME Code and ACI Standard 359-74.
Revision 1 to Regulatory Guide1.137, Fuel-Oil Systems for Standby Diesel Generators (RS 070-4).
Scope: To describe methods for the design and performance of fuel-oil systems for standby diesel generators.
Related Standard: ANSI N195-1976, Fuel Oil Systems for Standby Diesel Generators.
Revision 1 to Regulatory Guide 1.140, Design, Testing, and Maintenance Criteria for Normal Ventilation Exhaust System Air Filtration and Adsorption Units of Light-Water-Cooled Nuclear Power Plants (FP 601-4).
Scope: To describe criteria acceptable to the NRC staff for design, testing, and maintenance of exhaust filtration and adsorption units.
Related Standard: None.
DIVISION 3 , FUELS AND MATERIALS FACILITIES GUIDES
Revision 2 to Regulatory Guide 3.5, Standard Format and Content of License Applications for Uranium Mills (FP 703-4).
Scope: To provide specific guidance on the format and content of an application for an NRC Source Material License authorizing uranium mill activities. Major changes in the guide are anticipated to be in the areas of plant operation, operating procedures, radiation and environmental monitoring, and quality assurance.
Related Standard: None.Revision 1 to Regulatory Guide 3.8,
Preparation of Environmental Reports for Uranium Mills (ES 717-4).
Scope: To describe acceptable methods consistent with the goals as set forth by the National Environmental Policy Act of 1969 (Pub. L. 91-190) for preparation of environmental reports for uranium mills. The revision will reflect changes in legislation, regulations, staff review procedures, and industry practice.
Related Standard: None.Revision 1 to Regulatory Guide 3.42,
Emergency Planning for Fuel Cycle Facilities and Plants Licensed Under 10 CFR Parts 50 and 70 (FP 059-4).
Scope: To describe a method acceptable to the NRC staff for complying with requirements to provide emergency planning for fuel cycle facilities and nuclear power plants licensed under 10 CFR Parts 50.and 70.
Related Standard: None.DIVISION 4 , ENVIRONMENTAL AND SITING
GUIDES
Revision 1 to Regulatory Guide 4.14, Measuring, Evaluating, and Reporting Radioactivity in Releases of Radioactive. Materials in Liquid and Airborne Effluents from Uranium Mills (ES 403-4).
Scope: To describe programs acceptable to the NRC staff for monitoring effluents from uranium mills.
Related Standard: None.Revision 1 to Regulatory Guide 4.15,
Quality Assurance for Radiological Monitoring Programs (Normal Operations)—Effluent Streams and the Environment (ES 610-4).
Scope: To outline the position of the NRC staff regarding quality assurance for radiological effluent and environmental monitoring.
Related Standard: None. *Revision 1 to Regulatory Guide 4.16,
Measuring, Evaluating, and Reporting Radioactivity in Releases of Radioactive Materials in Liquid and Airborne Effluents from Nuclear Fuel Processing and Fabrication Plants (ES 404-4).
Scope. To describe methods acceptable to the NRC staff for measuring, evaluating, and reporting radioactivity in releases of radioactive materials in
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36529liquid and airborne effluents from nuclear fuel processing and fabrication plants.
Related Standard: None.DIVISION 5, MATERIALS AND PLANT
PROTECTION GUIDES
Revision 1 to Regulatory Guide 5.12, General Use of Locks in the Protection and Control of Facilities and Special Nuclear Materials (MP 803-4).
Scope: To provide criteria acceptable to the NRC staff for selection and use of commercially available locks in protection of facilities and special nuclear materials. The revision will reflect more recent technical information and new regulations requiring more stringent physical protection.
Related Standard: None.Revision 2 to Regulatory Guide 5.52,
Standard Format and Content for the Physical Protection Section of a License Application (for Facilities Other Than Nuclear Power Plants) (MP 712- 4).
Scope: To provide guidance on the format and content of the physical protection section of a license application for facilities other than nuclear power plants. The guide will be revised to include changes resulting from the safeguards upgrade and guard training rules.
Related Standard: NoneRevision 1 to Regulatory Guide 5.54,
Standard Format and Content of Safeguards Contingency Plans for Nuclear Power Plants (MP 703-4).
Scope: To provide a standard format and content for safeguards contingency plans describing how a licensee or applicant plans to react to security incidents at nuclear power reactors.
Related Standard: None.Revision 1 to Regulatory Guide 5.55,
Standard Format and Content of Safeguards Contingency Plans for Fuel Cycle Facilities (MP 701-4).
Scope: To provide a standard format and content for safeguards contingency plans describing how a licensee or applicant plans to react to security incidents at fuel cycle facilities.
Related Standard: None.Revision 1 to Regulatory Guide 5.56,
Standard Format and Content of Safeguards Contingency Plans for Transportation (MP 702-4).
Scope: To provide a standard format and content for safeguards contingency plans describing how a licensee or applicant plans to react to security incidents during transportation of radioactive materials.
Related Standard: None.DIVISION 7, TRANSPORTATION GUIDES
Revision 1 to Regulatory Guide 7.8, Load Combinations for the Structural Analysis of Shipping Casks (SC 527-4).
Scope: To establish load combinations for the structural analysis of
shipping casks acceptable to the NRC staff for complying with the requirements of Appendices A and B to 10 CFR Part 71.
Related Standard: None.DIVISION 10, GENERAL GUIDES
Revision 1 to Regulatory Guide 10.5, Guide for the Preparation of Applications for Type A Licenses of Broad Scope for Byproduct Material (OH 603-4).
Scope: To inform applicants of the desired format and information to be submitted when applying for a Type A Byproduct Material License of broad scope.
Related Standard: None.N e w R e g u l a t o r y G u id e s U n d e r
D e v e l o p m e n t
DIVISION 1, POWER REACTOR GUIDES
Single-Failure Criteria for Light- Water Reactor Plant Fluid Systems (EM 622-5).
Scope: To define application of single-failure criteria to light-water reactor fluid systems.
Related Standard: ANSI N658-1976, Single Failure Criteria for Pressurized Water Reactor Fluid Systems.
Linear and Nonlinear Time-History Methods of Dynamic Analysis (EM 701-4).
Scope: To delineate different methods do doing time-history dynamic analysis^
Related Standard: None.Classification of Plant Events for
Light-Water Nuclear Power Plants (EM 703-5).
Scope: To provide an acceptable method and guidelines for classification of initiating events in pressurized water reactor and boiling water reactor plants for use in identifying design requirements.
Related Standard: ANSI N18.2-1973, Nuclear Safety Criteria for Design of Stationary Pressurized Water Reactors (ANS 51.1) and ANSI N212 (issued for trial use), Nuclear Safety Criteria for the Design of Stationary Boiling Water Reactors (ANS 52.1).
Earthquake Instrumentation Data Handling for Nuclear Power Plants (EM 706-5).
Scope. To specify the retrieval and processing of the instrumentation data recorded during an earthquake to determine whether the Operating Basis Earthquake has been exceeded.
Related Standard: ANS 2.10, Guidelines for Retrieval, Review, Processing, and Evaluation of Records Obtained from Seismic Instrumentation.
Pressurized Water Reactor and Boiling Water Reactor Containment Spray System Design Criteria (EM 710-5).
Scope: To provide guidelines for the design, performance, testing, maintenance, instrumentation, and control
and acceptable methods for analyzing the heat removal and fission product removal effectiveness of light-water reactor containment spray systems.
Related Standard: ANSI N581 (not yet issued), Pressurized Water Reactor and Boiling Water Reactor Containment Spray Design Criteria.
Nuclear Analysis and Design of Concrete Radiation Shielding for Nuclear Power Plants (EM 805-5).
Scope: To provide guidance on acceptable methods for use in the design and analysis of concrete radiation shielding in nuclear power plants.
Related Standard: ANSI N403-1977, Guidelines on the Nuclear Analysis and Design of Concrete Radiation Shielding for Nuclear Power Plants.
Design Guidance for Radioactive Waste Management Systems, Structures, and Components Installed in Light-Water-Cooled Nuclear Power Plants (FP 615-4).
Scope: To provide guidance on radioactive waste management systems, structures, and components at light- water reactor power plants.
Related Standard: None.Criteria for Safety-Related Perma
nent Dewatering Systems (FP 811-4).Scope: To define acceptable geotech
nical and hydrologic engineering design bases and criteria for permanent dewatering systems that are depended on to serve safety-related purposes, including consideration for facility decommissioning.
Related Standard: None.Auditing of Quality Assurance Pro
grams for Nuclear Power Plants (RS 035-2).
Scope: To provide guidance on auditing Quality Assurance programs for nuclear power plants.
Related Standard: ANSI N45.2.12- 1972, Requirements for Auditing of Quality Assurance Programs for Nuclear Power Plants.
Criteria for Electric Instrumentation and Control System Portions of Protection Systems, Protective Action Systems, and Auxiliary Supporting Features (RS 609-5).
Scope: To provide guidance in the design of electic instrumentation and control system portions of protection systems, protective action systems, and auxiliary supporting features.
Related Standard: IEEE Std 603- 1977, Criteria for Sasfety Systems for Nuclear Power Generating Stations.
Criteria for Lightning Protection for Nuclear Power Plants (RS 705-4).
Scope: To provide acceptable criteria for the design of lightning protection for nuclear power plants.
Related Standard: None.Application of Torque Switches in
Safety-Related Motor-Operated Valves (RS 801-4).
Scope: To describe methods acceptable to the NRC staff for correct ap-
FEDERAL REGISTER, VO L. 4 3 , N O . 160— THURSDAY, AUGUST 17, 1978
36530
plication of torque switches in safety- related motor-operated valves to ensure compatibility of the valve assembly with the system’s operating conditions.
Related Standard: None.Qualification Test for Cable Pene
tration Fire Stops for Use in Nuclear Power Plants (RS 809-5).
Scope: To describe methods acceptable to the NRC staff for establishing type tests for qualifying the performance of cable penetration fire stops when mounted in rated fire barriers.
Related Standard: IEEE Std 634- 1978, Standard Penetration Fire Stop Qualification Test.
Meteorological Extreme Air Temperatures for the Design and Operation of Nuclear Power Plants (SS 603-9).
Scope: To provide guidance to applicants concerning extreme ambient air temperatures and associated return intervals to be considered in the design temperatures of structures, components, and systems.
Related Standard: None.Extreme Wind Speeds in Coastal
Areas for the Design and Operation of Nuclear Power Plants (SS 604-9).
Scope: To provide guidance to applicants concerning speeds and associated recurrence intervals in coastal areas to be considered in the design wind speed specified for safety-related nuclear power plant structures, components, and systems.
Related Standard: None.Procedures and Criteria for Assess
ing Soil Liquefaction Potential at Nuclear Facility Sites (SS 718-4).
Scope: To provide criteria for identifying sites requiring detailed investigation; to describe procedures and limitations and laboratory and field investigations; and to discuss analytical and empirical studies, margins of safety, and important issues.
Related Standard: None.Foundation and Earthwork Con
struction for Nuclear Power Plants (SS 719-4).
Scope: To identify foundation and earthwork construction activities important to safety and to describe preferred practices, acceptable performance criteria, control measures, and quality assurance requirements.
Related Standard: None.Snow and Ice Accumulations for the
Design and Operation of Nuclear Power Plants (SS723-4).
Scope: To provide guidance to applicants concerning snow and ice accumulation and associated recurrence intervals to be considered in the design basis specified for safety-related nuclear power plant structures, systems, and components.
Related Standard: None.Atmospheric Dispersion Models for
Potential Accident Consequence As-
NOTICES
sessments at Nuclear Power Plants (SS 724-4).
Scope: To provide guidance to applicants concerning procedures for determining atmospheric dispersion conditions used in assessing consequences of potential reactor accidents made to determine the exclusion area, low population zone, and population center distance as required by 10 CFR Part 100.
Related Standard: None.Functional Specification for Safety-
Related Valve Assemblies in Nuclear Power Plants (SC 704-5).
Scope: To provide functional specifications for safety-related valve assemblies in nuclear power plants.
Related Standard: ANSI N278. 1- 1975, Self-Operated and Power-Operated Safety-Related Valves Functional Specification Standards.
Supplementary Procedures and Information Retrieval for Inservice Examination Using Ultrasonic Testing for Flaw Characterization and to Monitor Flaw Growth in Reactor Vessel Welds (SC 705-4).
Scope: To provide recommendations and supplement the present ASME code procedure and information requirements so that greater consistency may be obtained between ultrasonic examination of flaws.
Related Standard: ASME Code.Requirements for Qualification
Tests and Production Tests for Piping and Equipment Snubbers (SC 708-4).
Scope: To provide guidance on the requirements for the qualification and production tests of piping and equipment snubbers with normal-condition load ratings not greater than 100,000 pounds.
Related Standard: None.Code Case Acceptability—ASME
Section XI, Inservice Inspection (SC 721-4).
Scope: To present the NRC staff position on ASME Section XI Code Cases. The guide will be revised and updated to include the changing status of Section XI Code Cases.
Related Standard: ASME Code.Ultrasonic Testing of ASME Class 1
and 2 Austenitic Piping Systems (SC 802-4).
Scope: To describe methods acceptable to the NRC staff for the ultrasonic testing of ASME Class 1 and 2 austenitic piping systems.
Related Standard: None.Determining Prestressing Forces for
Inspection of Prestressed Concrete Containment Structures (SC 807-4).
Scope: To describe methods of determining the prestressing forces for inspection purposes.
Related Standard: None.Methods of Analysis and Design of
Reinforced Concrete Containment Structures (SC 808-4).
Scope: To provide information regarding acceptable methods of analy
sis and design of reinforced concrete containments, based primarily on Article CC-3000 of ASME Section III, Division 2, Code for Concrete Reactor Vessels and Containments. In areas where the NRC finds provisions of the Code improper or insufficient for licensing purposes, the staff will provide supplementary guidelines.
Related Standard: ASME Code.Construction and Testing of Con
crete Containments (Articles CC-4000- 7000 of ASME Section III, Division 2, Code for Concrete Reactor Vessels and Containments) (SC 814-5).
Scope: To give the NRC staff’s position on the acceptability for NRC licensing actions of Articles CC-4000- 7000 of ASME Section III, Division 2.
Related Standard: ASME Code.Geologic Mapping of Excavations
for Nuclear Power Plants (SS 805-4).Scope: To identify geologic condi
tions and special or adverse foundation conditions that should be mapped in excavations to describe acceptable techniques for mapping and photographing excavations. To describe acceptable methods for presenting geologic maps and data to the NRC staff.
Related Standard: None.DIVISION 2, RESEARCH AND TEST REACTOR
GUIDES
Emergency Planning for Research Reactor (SD 607-4).
Scope: To describe methods acceptable to the NRC staff for complying with requirements to develop emergency plans for research reactors.
Related Standard: None.DIVISION 3, FUELS AND MATERIALS
FACILITIES GUIDES
Dose Models for Uranium Mills and UF« facilities (ES 802-4).
Scope: To prepare and publish standard models for assessing doses from routine radioactive effluents from uranium mills and UF» facilities.
Related Standard: None.Nuclear Criticality Safety in the
Storage of Fissile Materials (FP 709- 5).
Scope: To provide guidance on nuclear eviticality safety in the storage of fissile materials.
Related Standard,: ANSI N16.5-1975, Guide for Nuclear Criticality Safety in the Storage of Fissile Materials.
¿Standard Format and Content of License Applications for UOa Fuel Fabrication Facilities (FP 716-4).
Scope: To provide specific guidance on the format and content of a license application for uranium in a fuel fabrication facility. Regulatory Guide 3.39, Standard Format and Content of License Applications for Plutonium Processing and Fuel Fabrication Plants, will be used as a starting document and will be revised to reflect applicable public comments and any differ-
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36531
ences in requirements between license applications for mixed oxide facilities and those for UOa facilities.
Related Standard: None.Standard Format and Content of Li
cense Applications for Class A (High- Level) Radioactive Waste Storage and Disposal in a Deep Geologic Repository (FP 805-4).
Scope: To provide guidance concerning the format and content of applications to license receipt, possession, storage, and disposal of Class A waste in deep geologic repositories.
Related Standard: None.Maintenance and Operation of Ura
nium Mill Tailing Retention Systems (SC 722-4).
Scope: To provide guidlines for developing operating procedures for uranium mill tailing retention systems.
Related Standard: None.DIVISION 4 , ENVIRONMENTAL AND SITING
GUIDES
Preparation of Environmental Reports for High-Level Waste Repositories (ES 724-4).
Scope: To provide a standard format and content for environmental reports to be submitted with license applications for high-level waste repositories.
Related Standard: None.Site Suitability Criteria for Nuclear
Fuel Cycle Facilities (SD 726-4).Scope: To provide guidance on suit- .
ability of sites for fuel cycle facilities.Related Standard: None. Geochrono-
logic Techniques Applied to Nuclear Power Plant Siting (SS 702-4).
Scope: To provide guidance to applicants and consultants on the use of geochronologic techniques in determining the “absolute” age of geologic materials and dating fault movement.
Related Standard: None.DIVISION 5, MATERIALS AND PLANT
PROTECTION GUIDES
Considerations for Establishing Traceability of Special Nuclear Material Accounting Measurement Data (MP 801-4).
Scope: To provide guidance on traceability with reference to calibration of material accounting measurement systems, propagation or error, determination of bias, and preparation of working reference materials and their use by licensees.
Related Standard: None.DIVISION 6, PRODUCT GUIDES
Identification Plaque for Irretrievable Well Logging Sources (TP 702-4).
Scope: To define required specifications for a permanent identification plaque for a well containing an irretrievable, well-logging source.
Related Standard: None.
DIVISION 7, TRANSPORTATION GUIDES
Standard Format and Content for Applications for Approval of Packaging of Type B, Large Quantity, and Fissile Radioactive Material (TP 502- 4).
Scope: To provide the format and details to be included in applications for approval of package design.
Related Standard: None.DIVISION 8, OCCUPATIONAL HEALTH
GUIDES
Health Physics Surveys at Medical Institutions (OH 708-4).
Scope: To describe the types and frequencies of health physics measurements to be made in medical institutions.
Related Standard: None.Health Physics Surveys at Uranium
Fuel Fabrication Plants (OH 709-4).Scope: To provide guidance regard
ing health physics surveys that should be performed in uranium fuel fabrication plants.
Related Standard: None.Bioassay at Uranium Mills (OH 710-
4).Scope: To provide guidance regard
ing health physics surveys that should be performed in uranium mills.
Related Standard: None.Bioassay for Tritium (OH 713-4).Scope: To provide criteria for a tri
tium bioassay program.Related Standard: None.Radiation Protection Training at
Nuclear Power Plants (OH 717-4).Scope: To describe the elements of a
training program, including content, frequency, and approach, consistent with the requirements of 10 CFR Part 19, §19.12, and 10 CFR Part 20, § 20.1(c)
Related Standard: None.Radiation Protection Training at
Uranium Fuel Fabrication Plants (OH 718-4).
Scope: To provide guidance regarding the content and frequency of radiation protection training.at uranium fuel fabrication plants.
Related Standard: None.' Radiation Safety Officer Qualifications for Large-Scale Programs (OH 722-4).
Scope: To provide guidance on educational and experience qualifications for radiation safety officers at materials license facilities.
Related Standard: None.DIVISION 10, GENERAL GUIDES
Preparation of Applications for the Use of Gamma Irradiators (OH 706-4).
Scope: To provide guidance to applicants on practices acceptable to the NRC staff for the design, installation, and operation of gamma irradiators.
Related Standard: None.
Preparation of License Applications for Medical Uses of Byproduct Materials (OH 723-4).
Scope: To provide information and guidance on submitting license applications for medical uses of byproduct materials.
Related Standard: None.Preparation of Applications for Ra
diography (TP 602-4).Scope: To provide guidance for li
censing radiography programs.Related Standard: None.Preparation of Applications for Te
letherapy (TP 608-4).Scope: To provide a format for prep
aration of applications for teletherapy.
Related Standard: None.(5 UJS.C. 552(a))
Dated at Rockville, Md., this 8th day of August 1978.
For the Nuclear Regulatory Commission.
R o b e r t B. M in o g u e , Director, Office of
Standards Development[FR Doc. 78-22973 Filed 8-16-78; 8:45 am]
[7590-01][Docket No. 50-312]
SACRAMENTO M UNICIPAL UTILITY DISTRICT
Issuance o f Am endm ent to Facility O perating * License
The U.S. Nuclear Regulatory Commission (the Commission) has issued amendment No. 21 to facility operating license No. DPR-54 issued to Sacramento Municipal Utility District, which revised technical specifications for operation of the Rancho Seco Nuclear Generating Station, located in Sacramento County, Calif.' The amendment is effective as of its date of issuance.
The amendment to the technical specifications changes the sampling and monitoring requirements for gaseous radioactive effluents by specifying the present environmental release points, imposing such requirements on an exhaust fan release point, and deleting the sampling requirements for the condenser air ejector which does not release to the environment.
The application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the act and the Commission’s rules and regulations in 10 CFR chapter I, which are set forth in the license amendment. Prior public notice of this amendment was not required since the amendment does not involve a significant hazards consideration.
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36532 NOTICES
The Commission has determined that the issuance of this amendment will not result in any significant environmental impact and that pursuant to 10 CFR § 51.5(d)(4) an environmental impact statement, or negative declaration and environmental impact appraisal need not be prepared in connection with issuance of this amendment.
For further details with respect to this action, see (1) the application for amendment dated April 12, 1978, (2) amendment No. 21 to license No. DPR-54, and (3) the Commission’s related safety evaluation. All of these items are available for public inspection at the Commission’s public document room, 1717 H Street NW., Washington, D.C., and at the Business and Municipal Department, Sacramento City-County Library, 828 I Street, Sacramento, Calif. A copy of items (2) and(3) may be obtained upon request addressed to the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Director, Division of Operating Reactors.
Dated at Bethesda, Md., this 7th day of August 1978.
For the Nuclear Regulatory Commission.
R obert W. R eid, Chief, Operating Reactors
Branch No. 4, Division of Operating Reactors.
[FR Doc. 78-22970 Filed 8-16-78; 8:45 am]
[7590-01]SAFEGUARDS AT NONPOW ER REACTORS
M eeting
AGENCY: U.S. Nuclear Regulatory Commission.ACTION: Meeting to discuss safeguards requirements for nonpower reactors.
In response to requests from licensees of nonpower reactors the Commission is sponsoring a discussion on the subject of safeguards requirements for nonpower reactors. The meeting will be held on September 8, 1978 in the Chrysler Center on the North Campus of the University of Michigan, Ann Arbor, Mich., and will begin at 8:30 a.m.
The topics to be discussed will relate to: (1) the current requirements for safeguards of nonpower reactors as defined in title 10 of the Code of Federal Regulations; (2) the status of proposed rule changes in 10 CFR part 11 (42 FR 14880), 10 CFR part 73 (42 FR 3410, 42 FR 3421, 43 FR 22216), 10 CFR part 75 (43 FR 22365); and (3) Commission consideration of safeguard requirements specifically for nonpower reactors.
Requests for additional information should be directed to Ms. Donna Zeeb, University of Michigan, 2301 Bonisteel Boulevard, North Campus, Ann Arbor, Mich., 48109, 313-764-6223.
Dated at Washington, D.C. this 10th day of August 1978, for the Nuclear Regulatory Commission.
Walter F. Pasedag, Acting Assistant Director for Re
actor Safeguards, Division of Operating Reactors, Office of Nuclear Reactor Regulation.
[FR Doc. 78-22965 Filed 8-16-78; 8:45 am]
[7590-01]
[Docket No. 50-206]SOUTHERN CALIFORNIA EDISON CO. A N D
SAN DIEGO GAS A N D ELECTRIC CO.
Issuance o f A m endm ent to Provisional O perating License
The U.S. Nuclear Regulatory Commission (the Commission) has issued amendment No. 35 to provisional operating license No. DPR-13, issued to Southern California Edison Co. and San Diego Gas and Electric Co. (the licensee), which revised the technical specifications for operation of the San Onofre nuclear generating station, unit No. 1 (SO-1), (the facility) located in San Diego County, Calif. The amendment is effective as of its date of issuance.
The amendment reduces the value of the core peaking fact or (Fa) for determining the allowable incore axial offset limits as specified in §3.11.A of the technical specifications from 3.23 to 2.95. The amendment also changes the basis of specification 3.5.2 to reflect the reduced value of Fa arid "the corresponding lower design maximum value of specific power of 13.97 kw/ft.
The application for amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the act and the Commission’s rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. Prior public notice of this amendment was not required since the amendment does not involve a significant hazards consideration.
The Commission has determined that the issuance of this amendment will not result in any significant environmental impact and that pursuant to 10 CFR 51.5(d)(4) an environmental impact statement or negative declaration and environmental impact appraisal need not be prepared in connection with issuance of this amendment.
For further details with respect to this action, see (1) the application for amendment dated June 14, 1978, (2) amendment No. 35 to license No. DPR-13, and (3) the Commission’s related safety evaluation. All of these items are available for public inspection at the Commission’s Public Document Room, 1717 H Street NW., Washington, D.C., and at the Mission Viejo Branch Library, 24851 Chrisanta Drive, Mission Viejo, Calif. 92676. A single copy of items (2) and (3) may be obtained upon request addressed to the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Director, Division of Operating Reactors.
Dated at Bethesda, Md., this 4th day of August 1978.
For the Nuclear Regulatory Commission.
D ennis L. Ziemann, Chief, Operating Reactors
Branch No. 2, Division of Operating Reactors.
[FR Doc. 78-22969 Filed 8-16-78; 8:45 am]
[7590-01]
[Construction Permit Nos: CPPR 139, and 140]
U N IO N ELECTRIC CO., CALLAW AY PLANT, UNITS 1 A N D 2
A rgum ent on Issues Relating to Show CauseO rder o f A pril 3 , 1978 (a Revision o f Starting Time Re O ra l A rgum ent on August 23,1978)
Atomic Safety and Licensing Board, John F. Wolf, Chairman, Hugh K. Clark, Joseph F. Tubridy, in the matter of Union Electric Co., (Callaway Plant, Units 1 and 2).
In the original notice dated August 1, 1978, in the above captioned matter, the oral argument by counsel for the parties to this show cause proceeding was to begin at 10 a.m. e.d.t.
That time is now revised to 2 p.m. e.d.t., and as stated in the original notice of August 1, 1978, this proceeding will be heard in the U.S. Nuclear Regulatory Commission, Hearing room, Fifth floor, East-West Towers Building, 4350 East-West Highway, Bethesda, Md., on Wednesday, August 23, 1978.
Issued at Bethesda, Md., this 10th day of August 1978.
For the Atomic Safety and Licensing Board.
J ohn F. Wolf, Chairman.
[FR Doc. 78-22966 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36533f
[4910-58]NATIONAL TRANSPORTATION
SAFETY BOARD
[N-AR 78-33]ACCIDENT REPORTS; SAFETY
RECOMMENDATIONS A N D RESPONSES
M a r in e A c c id e n t R e po r t
The National Transportation Safety Board has released its report on the investigation into the grounding of the Greek tankship M/V DAUNTLESS COLOCOTRONIS in the Mississippi River about 4 miles below New Orleans, La. The grounding occurred on July 22, 1977, when the ship struck a sunken barge.
The investigation report, No. NTSB- MAR-78-5, indicates that the bottom plating of the COLOCOTRONIS was fractured, permitting cargo oil from the tanker’s No. 5 center tank to enter its pumproom. Within minutes, cargo oil penetrated into the tanker’s engin- eroom and ignited. The fire spread from the engineroom to the accommodation spaces through a door which had been tied open. All 35 persons onboard escaped from the vessel; two persons were slightly injured. Fire damage in the accommodation spaces, water damage in the engineroom, and bottom structural damage was estimated to be $6 million.
Probable cause of the accident, as determined by the Safety Board, was the fracturing of the bottom plating of the COLOCOTRONIS as it dragged over a sunken barge, which had been declared a hazard to navigation but which had not been marked by the barge owner or the U.S. Coast Guard and had not been removed by the barge owner or the U.S. Army Corps of Engineers. Contributing to the severity of the accident was the failure of the crew to isolate the fire and their ineffective efforts to extinguish the fire initially in the engineroom. Contributing to the intensity of the fire was the flow of oil through an improperly installed shaft through a watertight bulkhead.
As a result of investigation into this accident, the Safety Board on July 24 issued eight recommendations, Nos. M-78-45 through 52, to the Coast Guard and three recommendations, Nos. M-78-53 through 55, to the Army Corps of Engineers, (see 43 FR 34221, August 3, 1978.) Among objectives of these recommendations are: Improved standards for defining a navigation hazard in the Mississippi; an annual summary of Mississippi wrecks which continue to be hazards to mariners; greater clarity in stating water depts over submerged wrecks; improved firefighting training for tanker crews, better foreign crew compliance with international fire drill requirements,
and enhanced fireproofing of foreign- flag tankers; and international agreement on an exterior display on all large ships which would show emergency personnel the ship’s interior layout.
P ip e l in e A c c id e n t R e p o r t s , B r ie f F o r m a t
The Safety Board has recently made available summary reports on 17 pipeline accidents, ranging from an explosion at a gas processing plant to an accident involving a gas meter and an automobile. The volume, entitled ‘‘Pipeline Accident Reports, Brief Format, Issue Number 1—1977” (NTSB-PAB-78-1), contains selected pipeline accidents which occurred during calendar years 1975, 1976, and 1977.
Note.—The brief reports of accidents in this publication contain essential information; more detailed data may be obtained from the original factual reports on file in the Washington office of the Safety Board. Upon request, factual reports will be reproduced commercially at an average cost of 25 cents per page for printed matter, $1.50 per- page for black-and-white photographs, $4 per page for color photographs, plus postage. Minimum reproduction charge is $1; an additional $4 user-service charge will be made for each order. The requester is asked to provide the name of carrier and the date and place of the accident. Requests should be directed to the Public Inquiries Section, National Transportation Safety Board, Washington, D.C. 20594.
Copies of this report may be purchased from the National Technical Information Service, U.S. Department of Commerce, Springfield, Va. 22151.
A v ia t io n S a f e t y R e c o m m e n d a t io n s
A-78-51 and 52.—'These recommendations, regarding runway configurations which contain displaced thresholds, were developed following Safety Board investigation of the accident involving Continental Air Lines, Inc., Flight 63 which, on June 3, 1977, struck powerlines and utility poles after takeoff from runway 21 at the Tuscson (Ariz.) International Airport. Although the aircraft was damaged substantially, it returned to the airport and landed safely; there were no injuries. Investigation of the accident disclosed that the flightcrew failed to use the 500-foot displaced threshold area which was available for the takeoff.
The Safety Board is concerned that under .certain conditions, such as reduced visibility, darkness, atypical taxiway-runway configurations, or pilot oversight, flightcrews may not realize that takeoff surfaces beyond a displaced threshold are available for takeoff and may be critical to a successful takeoff. The Board believes that uncommon taxiway-runway design, where the displaced threshold symbols do not immediately adjoin the
runway entrance and aircraft must be backtracked to the start of the takeoff area or where threshold lights designate the beginning of the landing surface and the aircraft must be taxied past the threshold lights to the displaced threshold area, can lead to flightcrew unawareness of available runway lengths and result in unnecessary hazardous situations.
The Board recognizes that airport diagrams, which are contained in readily available approach chart manuals, illustrate displaced threshold symbols. However, there may be instances when there is no need for flightcrews to consult the airport diagram before takeoff; therefore, the Board believes that other informational means should be provided to alert flightcrews that a displaced threshold is part of the runway plan. Accordingly, on August 8, the Safety Board recommended that the Federal Aviation Administration—
Require that all takeoff analysis data pages of operating gross weights in air carrier manuals be footnoted to identify those runways which contain a displaced threshold. (A-78-51)
Require that all operators of certificated airports where runway designs feature a displaced threshold and taxiways enter the runway at points other than the runway’s end install an easily visible intersection sign which displays a displaced threshold notation. (A-78-52)
A-78- 53 through 55.—A Columbia Pacific Airlines Beechcraft Model 99 attained an excessively steep climb immediately after takeoff last February 10 from Richland Airport, Washington. The aircraft stalled and crashed, killing its 15 passengers and two crewmembers. Examination of airplane components disclosed several faults within the airplane’s horizontal stabilizer trim system which cannot be related to impact damage and are thus believed to have existed before the crash—a result of inadequate maintenance.
The Safety Board notes that the trim position indicator and trim-in- motion and out-of-trim warning systems are minimum equipment list items. Only one of these items can be inoperative if the airplane is to be used to carry passengers. If the out-of- trim warning system is inoperative, pilots must visually check the stabilizer position before flight. Since the check must be done from outside the airplane and may not be part of a pilot’s normal routine, it may be inadvertently omitted. These conditions could result in a crew’s initiating a takeoff with full noseup trim and becoming unable to reduce control forces while using the trim system. Recent flight tests have shown that the airplane performance and corrective control forces which would be encountered after takeoff with a full air-
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36534 NOTICES
plane-noseup trim could result in a stall at low altitude from which the crew could not recover.
Since examination of two other Beechcraft 99 airplanes operated by the same company disclosed similar discrepancies in their horizontal stabilizer trim indicating and warning systems, the Board concludes that timely action is needed to insure that other Beechcraft Model 99 aircraft do not have discrepancies which can induce a crew to take off in an out-of-trim condition. Accordingly, on August 11 the Safety Board recommended that thè Federal Aviation Administration—
Issue an Airworthiness Directive applicable to all Beech 99, 99A, A99, A99A, and B99 model aircraft to require an immediate onetime inspection of the horizontal stabilizer trim system to ascertain that all components of the system and its associated position-indicating and -warning circuits are operational within specified tolerances. (A- 78-53)
Require an inspection to insure that the primary and secondary mode of the horizontal stabilizer actuator are capable of deflecting the stabilizer under specified airloads. The exact instructions should be furnished by the Beech Aircraft Co. Inspection should be made as soon as the Beech instructions are available and repeated ajt 2,000-hour intervals. (A-78-54)
Change the minimum equipment list to make the out-of-trim warning system a mandatory requirement for flight. (A-78-55)
M a r in e S a f e t y R e c o m m e n d a t io n s
M-78- 56 through 61.—On December 17, 1976, the tankship SS Sansinena was pumping seawater ballast into its cargo tanks, preparing to depart Union Oil Co. Terminal Berth 46, Los Angeles Harbor, Calif. About 1938 P.s.t., a fire and explosion occurred; the main deck and midshiphouse were blown away from the ship and landed on the terminal property ashore, and the bow and stem sections of the ship sank at its berth. The ship was destroyed. Eight crewmembers were killed, and a security guard was listed as missing and presumed dead. The total losses resulting from this explosion, estimated to be $21.6 million, included damages to some 260 other vessels, mostly pleasure craft, and damages to residents and commercial structures ashore, some of which were more than 3 miles from Berth 46. Berth 46 could not be used for more than 16 months.
Investigation showed that the chief mate started ballasting nine of the Sansinena’s cargo tanks about 2 hours before the explosion. While ballasting, the wind’s direction shifted so that it was coming from the ship’s stem and the wind speed decreased. The chief mate estimated the wind speed to have decreased to about 2 to 3 knots at the
time his watch ended, but apparently he was not aware that that wind speed was to low for vapor-emitting operations according to the International Oil Terminal and Tanker Safety Guide, which was placed aboard the Sansinena for guidance in tankship safety practices. According to the master’s testimony, the ship may have taken on considerably more ballast than necessary to get underway.
The Board notes that safe design and operating practices for handling flammable cargo carried by tankships are to prevent flammable gases from occurring near the main deck and superstructures—the most likely places for gases to be ignited. Potential sources of ignition include sparks from dropping tools, static discharge between ship and shore piping connections, the hot exposed filament of a broken light bulb, and smoking by careless persons on the main deck. Although the specific ignition source was not determined in this case, there were numerous potential sources with which flammable gases near the main deck could have come in contact and resulted in a fire on deck.
As a result of the investigation of this accident, the Safety Board on August 4 recommended that the U.S. Coast Guard—
Establish minimum criteria for vapor- emitting operations on tank vessels carrying flammable cargoes in U.S. ports to include monitoring of vapor concentrations on deck and in enclosed spaces located above the cargo tanks, and stopping vapor-emitting operations when vapor concentrations exceed safe limits and under certain low wind velocity conditions. (M-78-56)
Require operators of tank vessels carrying flammable cargoes in U.S. ports to develop guidelines for the amount of ballast needed in cargo tanks for the expected range of operating conditions to minimize in-port ballasting of cargo tanks, and establish other ballasting requirements which may be imposed when high velocity venting is installed. (M-78-57)
Establish requirements for cargo tank vent systems on tank vessels carrying flammable cargoes in U.S. ports, including independent venting of each cargo tank; location, size, and height of vent outlets, with consideration of ship structures; means of protecting vent systems from flame entry, including proper fit and attachment of flame-quenching devices; and vent system configurations that provide ease of inspection and maintenance. (M-78-58)
Require operators of tankships carrying flammable cargoes in U.S. ports to develop training plans for the instruction of persons responsible for cargo handling and vapor- emitting operations, to make these training plans available for Coast Guard review, and to train responsible persons in accordance with the plans, and appropriately document the training. (M-78-59)
Require the installation and use of closed cargo level gaging systems on tank vessels carrying flammable cargoes in U.S. ports. (M-78-60)
Test flame-quenching devices under conditions of vapor concentrations, constituen
cies, and size of flammable regions that might occur on the main deck of a tank vessel, to determine the adequency of such devices. (M-78-H1)
R e s p o n s e s to S a f e t y R e c o m m e n d a t io n s
AviationA-76-51 through 55.—The Federal
Aviation Administration on July 20 advised the Safety Board as to the status of FAA actions taken on recommendations concerning the design of the capacitance discharge strobe light system used on a Piper Aztec PA-23- 250 and other general aviation aircraft. The Board found that high energy potentials exist in this system which generate peak electrical currents of 300 amperes and temperatures of 635° F.
In response to A-76-51, which asked FAA to conduct a special study into the ignition/explosion mechanism involved with strobe lamp systems to find and to correct any fault(s) which may exist in current designs, and in response to A-76-52, recommending issuance of a technical standard order on strobe light systems as soon as possible, FAA reports that the SAE Committee A-20 has issued document AS 8017, “minimum performance standard for anticollision light systems.” FAA expects to establish a regulatory project for the development of such an order by December.
Recommendation A-76-53 asked FAA to review the design of fuel tank conduit and strobe-lamp assembly combinations to insure that they are vented properly, that vapors are isolated, and that they are not susceptible to electrical or mechanical damage during refueling. FAA reports that its review of the fuel tank conduit and vent line damage did not reveal any cases of damage which could cause a fault in the system. FAA says that Gates Lear jet issued service bulletins and drawings of the wing tip tank and components to illustrate how the conduit can be abused with a refueling nozzle, the maintenance manual now requires inspections in this area and a caution with respect to refueling procedures. FAA plans no further action at this time.
In answer to A-76-54, which asked FAA to alert general aviation industries and aircraft operators to the potential danger in the high levels of energy within the strobe light system, FAA reports that Advisory Circular AC 90-75, “strobe light system inspection practices,” issued February 10, 1977, describes the hazards which can be generated by malfunctioning strobe lights and recommends procedures for inspection and servicing.
Recommendation A-76-55 asked for a review of current airworthiness directives on strobe light systems to
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36535insure that they are adequate. PAA notes that AD 77-02-04 was issued February 15, 1977, and includes the earlier model Beech airplanes noted in FAA letter of July 8, 1976.
Copies of document AS 8017, AC 90- 75, and AD 77-02-04 are attached to FAA’s response.
A- 77-69.—FAA letter of July 19 concerns the recommendation issued following investigation of the crash of a Cessna 421A in mountainous terrain near Nogales, Ariz., on January 22, 1977. The recommendation asked FAA to revise the airman’s information manual (AIM) and to issue or revise other official guidance materials to clarify pilots’ and controllers’ respon- sibilites in implementing an instrument flight rules (IFR) departure from an airport which has a published IFR departure procedure.
FAA reports these actions taken since the accident occurred:
A general notice (GENOT) was sent FAA field activities to reemphasize procedures in FAA handbook 7110.10D for processing pilot requests for route elements, fixes, etc., that are not computer adapted (action to preclude repeat of the initial contributing factor in the accident).
An article on controller actions in regard to instrument departure procedures was published in the March 1977 issue of the Air Traffic Service (ATS) Bulletin.
A paragraph titled "Instrument Departure” was published in the July 1978 AIM, part 1, under “Pilot/Controller Responsibilities.”
A proposed revision of FAA handbook 7110.65A, paragraph 350, is being drafted and will be sent to FAA regions, aviation groups and others, including the Safety Board, for comment. The revision will be constructed to improve clarity and ease of understanding of departure clearance procedures. Final disposition of the proposal will be sent to those who comment on it.
Marine■M-74-3 and M-74-9.—Letter of July
18 from the U.S. Coast Guard provides an update on recommendations issued following investigations, respectively, of the Tug CAROLYN and WEEKS Barge No. 254 collision with the Chesapeake Bay Bridge on September 21, 1972 and the foundering of the M/ V MARYLAND in Albemarle Sound, N.C., on December 18, 1971.
Recommendation M-74-3 asked Coast Guard to publish and make available to towboat operators guidelines for safe operating procedures for towing operations, including methods of preplanning a voyage, the proper use of towing hawsers, and actions to be taken in various emergency situations. M-74-9 recommended that Coast Guard structure the results of its towing vessel stability study into operating information which could be used as a guide by the operators of towing vessels. Coast Guard reports that the American Waterways Opera
tors, Inc., Safety Committee is now reviewing the draft publication, “A Guide to Safety in Towing,” the review anticipated to be completed by January 1979. Further response to these recommendations will be made after Coast Guard reviews any recommended changes and prior to April 1, 1979.
M-76-2 and M- 76-5.—Another letter dated July 18 from Coast Guard concerns recommendations issued following investigation of the collision and fire involving the SS C. V. SEA WITCH and SS ESSO BRUSSELS (Belgium) on June 2, 1973, in New York Harbor.
Recommendation M-76-2 asked Coast Guard to establish a requirement for oceangoing vessels in designated restricted waters such as New York Harbor to have the emergency steering station manned; this also should apply to foreign vessels. In response, Coast Guard states that, based on the President’s message of March 17, 1977, to Congress concerning measures for reducing pollution caused by tanker accidents, Coast Guard proposed regulations (CGD 76-065, F e d e r a l R e g is t e r , May 17, 1977) to improve steering standards for oil tankers. These proposals included requirements for rapid recovery of rudder control by means of improved steering gear control systems or by means of manning steering gear spaces.
The United States submitted these proposed regulations to the Inter-Governmental Maritime Consultative Organization (IMCO) for consideration. As a result, several proposed modifications to SOLAS 1974 were agreed upon at the International Conference on Tanker Safety and Pollution Prevention, 1978 (IMCO Document TSPP/ CONF/D/9 dated February 14, 1978). Coast Guard states that the major proposal concerning steering for tankers of 10,000 gross tonnage and upward would require two remote steering gear control systems separately operable from the navigating bridge. This obviated the need for requirements pertaining to manning of steering gear spaces to facilitate rapid recovery of rudder control; therefore, manning of the steering gear room was omitted from further consideration. Accordingly, Coast Guard is now preparing implementing regulations that will require two remote steering gear control systems on all new and existing tankers, foreign and domestic, of 10,000 gross tonnage and upwards.
Further, Coast Guard reports that it will submit to IMCO proposals concerning improved steering capability on vessels other than tankers, both new and existing, foreign and domestic. Coast Guard does not intend to propose any additional steering gear regulations for existing vessels other
than tankers until IMCO’s work is completed. Work is continuing on proposed regulations to require all new domestic vessels including tankers to have two separate and independent control systems between the pilot house and steering gear room that will include duplication of differential units and associated feedback arrangements.
Recommendation M-76-5 called for Coast Guard to require all U.S. oceangoing vessels to establish written emergency prpeedures and alarms for loss of steering control; emergency drills for loss of steering control should be required and logged. In response, Coast Guard states that it now has a steering gear regulation project, No. 76 065, based on this recommendation. A draft of the proposals was submitted in the spring of 1976, but action awaits the outcome on an international basis of the Presidential initiatives pertaining to oil tanker pollution prevention. The direction of international action based on the Presidential initiatives has been agreed upon.
Coast Guard notes that proposed changes to new and existing tankers as indicated in the Annex of TSPP/ CONF/D/2, Resolution 12 dated February 13, 1978, do not include requirements for the steering failure alarm system for loss of steering control, primarily because most of the conferees believed that the rudder angle indicator, which is an instantaneous and continuous indicator of the actual rudder position, should be and is infact used universally. Coast Guard states that, in spite of the failure of the United States to obtain requirements for a steering failure alarm system on an international basis, Coast Guard continues to work on proposed regulations for a steering failure alarm system for all new U.S. vessels. The proposed regulations will also include requirements for the conduct and logging of emergency steering control loss drills.
Further response to both recommendations M-76-2 and M-76-5 is promised by July 1, 1979.
RailroadR-77-19.—Letter of July 21 from the
Chicago Transit Authority (CTA) replies to the Safety Board’s inquiry of last April 26 concerning this recommendation which asked CTA to provide a safe passageway between rapid transit cars when passengers are permitted or required to move from one car to another. The recommendation was issued following investigation of the death of a passenger who on April 10, 1977, fell from a CTA rapid transit train as it was leaving the Clinton station in Chicago, 111.
As indicated in its April 26 inquiry, the Safety Board is aware that track
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36536 NOTICES
curvature presents CTA with a unique mechanical problem to effect total closure between the ends of cars. Advice from the Federal Railroad Administration (FRA) and the American Public Transit Association (APTA) indicates that many rapid transit authorities are addressing the problem through warning signs, public announcements, and distribution of educational pamphlets to the traveling public. The Board requested advice from CTA concerning contemplated remedial action, such as the installation of flexible belting between cars or alternate actions as above mentioned.
In reply, CTA reports that at a meeting last September 14 in Washington with representatives of FRA, APTA, and most of the rapid transit carriers, CTA decided to mark the passageway between cars. Enclosed with CTA’s letter are photos and a sample of bilingual, three-color, double-faced decal, OP-1768; 2,200 of these have now been affixed to the end door window glass of all CTA cars to warn against crossing while the train is moving.
Concerning the idea of flexible belting as an alternate to chains between end door openings of adjacent cars, CTA states that its experience with spring-type materials between cars had not been wholly satisfactory due to pinching and whipping hazards. CTA then asked APTA to make an independent review of the idea. Their response indicates that chains are preferable to belting, offering superior performance with lowest maintenance. Points considered by APTA, and comments, are:
1. Ability to secure handhold: Chains offer good ability to grasp while belting, by its smooth nature, would be difficult to grasp.
2. Ability to retain persons: The belting would have to be flexible, as are the chains, to allow for relative motion between cars and therefore would have the same retentive ability.
3. Ability to resist vandalism: The belting would be susceptible to vandalism and abuse. Chains are very resistant to damage. Belting is also subject to deterioration from oil, sun, ozone and other weather related conditions; chains do not have this problem.
CTA concurs with APTA's statement and points out that no known available belting can stand up under repeated cycling through the nearly 3-to-l ratio between extended to compressed length limits.
R-77-37 through 39— Letter of July 21 from the Federal Railroad Administration is in response to recommendations issued following investigation into the collision of an Amtrak/Atchison, Topeka and Santa Fe Railway train and a tractor-cargo tank semitrailer near Marland, Okla., on December 15,1976.
In response to R-77-37, which recommended that FRA require all head-
end locomotive units to be designed to prevent serious injury to crewmembers from penetration of flammable substances into control compartments, FRA reports that in June 1974 Transportation Systems Center <TSC) in Cambridge, Mass., initiated a study for FRA entitled “Structual Design of a Crashworthy Locomotive Cab.” During the final phase of the study, a potential design fol* a crash survivable locomotive cab was developed, according to FRA. The final report of the study is under TSC review.
Also, FRA reports convening, on June 14, 1978, a public safety hearing on locomotives, a review of existing regulations, and the need for additional rules in that area. This 2-day hearing was the first of five hearings comprising a railroad safety inquiry to evaluate the effectiveness of FRA’s regulatory program; final hearing is scheduled for November 1978. FRA is awaiting the final report on TSC’s locomotive crashworthiness study to determine the need for possible regulatory action to safeguard locomotive cab occupants from the danger of entry of flammable substances into the cab.
Recommandation R-77-38 asked FRA to identify, in cooperation with the States, those grade crossings where inadequate warnings do not permit the prudent and careful driver to cross without risk of injury or death; and R-77-39 called for a program to protect the crossings which have been so identified, consideration to be given to adequate protection or reduction of train speeds in conditions of reduced visibility and/or signals that meet rail train movement situations.
In response, FRA reports a review of its data bank to determine the availability of pertinent variables for identifying grade crossings which are inadequately protected. At present, FRA’s data source does not contain information on motorist sight distances at grade crossings. FRA states that since this important variable obviously must be available, two initial steps have been taken to obtain the information. On a short-term basis, FRA is sponsoring at the TSC in Cambridge the development of a form detailing such items as sight distance to be voluntarily completed by State or local Government offices. Such cooperation will be strictly voluntary, as FRA has no jurisdiction over the States.
Secondly, FRA representatives-met with Federal Highway Administration personnel to determine if sight distance information could be obtained from that source. Under its ongoing grade crossing program, FHWA requires States to establish hazard ratings to prioritize grade crossing projects if Federal funds are to be used.
FHWA determines the criteria but will not dictate the relative priority of particular factors. At FRA’s request, FHWA agreed to incorporate sight distance, train speed, and highway vehicle crossing time in the priority scheme. FRA notes that the effects of incorporating these variables in the FHWA program will be long-term only and will not result in a specific listing of crossings.
FRA notes that pertinent available data show the number of crossings in each State over which trains can operate at various levels of maximum speed. For instance, trains can operate at a maximum speed of 50 to 59 m.p.h. over 9,233 crossings in the United States with passive warning devices. The information is further subdivided as multitrack or single track at crossings with passive warning signals. Copies of the data breakdown are attached to FRA’s response letter.
FRA indicates that its next action will be taken when the TSC form is available. The form was to have been completed last month.
Note; The above notice reports on Safety Board documents recently released and recommendation response letters received. Single copies of the marine accident report and the Board’s recommendation letters in their entirety are available to the general public without charge. Copies of the full text of the responses to recommendations may be obtained at a cost of $4 for service and 10 cents per page for reproduction.
All request to the Board for copies must be in writing, identified by report or recommendation number and date of publication of this notice in the F ederal R egister. Address inquires to: Public Inquiries Section, National Transportation Safety Board, Washington, D.C. 20594.
Multiple copies of the marine accident report may be purchased by mail from the National Technical Information Service, U.S. Department of Commerce, Springfield, Va. 22151.(Secs. 304(a)(2) and 307 of" the Independent Safety Board Act of 1974 (Pub. L. 93-633, 88 Stat. 2169, 2172 (49 U.S.C. 1903, 1906)).)
M arg a r et L. F is h e r ,. Federal Register
Liaison Officer.A u g u s t 14,1978.
[FR Doc. 78-23031 Filed 8-16-78; 8:45 am]
[8010- 01]SECURITIES AND EXCHANGE
COMMISSION
PRIVACY ACT OF 1974
M odification o f an Existing System o f Records
AGENCY: Securities and Exchange Commission.ACTION: Notification of modification of system of records SEC-16, Complaint Processing System.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36537
SUMMARY: The Securities and Exchange Commission proposes to modify an existing system of records, which was previously identified in the notices published in the F ed er a l R egis t e r , 41 FR 41563, on September 22, 1976, as SEC-16, Complaint Processing system. This proposed modification is being published for public comment.DATES: This amendment will become effective on October 6, 1978, unless comments are received on or before that date which would result in a contrary or changed determination.ADDRESS: Comments on the modification to this system of records should be addressed to George A. Fitzsimmons, Secretary, Securities and Exchange Commission, 500 North Capitol Street, Washington, D.C. 20549. All comments received will be available for public inspection and copying in the Commission’s Public Reference Section, room 6101,1100 L Street NW., Washington, D.C.FOR FURTHER INFORMATION CONTACT:
Julian T. Pierce, Office of the General Counsel, Securities and Exchange Commission, Washington,D.C., 202-755-1636.
SUPPLEMENTARY INFORMATION: The Securities and Exchange Commission is proposing to modify the manner in which records from its Complaint Processing System may be retrieved. This modification will supplement and enhance the Commission’s ability to analyze and compile data relating to complaints received from members of the public and other sources regarding broker-dealers and others who are subject to the Commission’s regulatory jurisdiction.
The Commission’s Complaint Processing System is a computerized crossreference system that is indexed by the names of complainants, and by the names of the entities and individuals named in the complaints. Access to the information is obtained by means of computer programs which, at present, do not provide the ability to obtain information relating to the names of particular individuals; rather the computer has only the ability to list all the information contained in this system in alphabetical sequence. The proposed modification will enable the Commission to obtain records in the system on an individual name basis, and would enhance the usefulness of this system of records.
SEC-16
System name:Complaint Processing System
(CMP)-SEC.
System location:Securities and Exchange Commis
sion, Washington, D.C. 20549.Categories of individuals covered by the system:
Records are maintained on members of the public and others making complaints to the Commission against broker-dealers and others who are subject to the Commission’s jurisdiction.Categories of records in the system:
Records contain the name of the complainant, the name of the entity and subject involved in the complaint, the type of complaint, and the dates relating to the disposition of the complaint.Authority for maintenance of the system:
Title 15, United States Code, 77e, 77f, 77g, 77j, 77n, and 77o; 78e, 78f, 781, 78m, 78n, 78o, 78p, 78q, and 78u; 79c, 79f, 79g, 79j, 79n, 79r, and 79s; 77eee, 77mmm, 77nnn, 77sss, 77ttt, and 77uuu; 80a-8, 80a-20, 80a-29, 80a-32, 80a-40, 80a-44, and 80a-45; 80b-3, 80b- 4, 80b-12, and 80b-16.Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
These records and the information contained in these records may be used as follows:
1. By the SEC staff to analyze and compile data relating to, among other things, the frequency of complaints against particular entities or individuals. This data is reported to the Division of Enforcement for consideration.
2. To respond to inquiries from Members of Congress, the press or the public concerning the status of particular complaints.
3. By SEC personnel for purposes of investigating possible violations of the Federal securities laws.
4. Where there is an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred as a routine use, to the appropriate agency, whether Federal, State, local, foreign or a securities self-regulatory organization charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
5. In any proceeding where the Federal securities laws are hi issue or in which the Commission or past or present members of its staff is a party or otherwise involved in an official capacity.
6. In connection with investigations or disciplinary proceedings by a State securities regulatory authority or by a securities self-regulatory organization involving one or more of its members.
7. A record from this system of records may be disclosed as a “routine use’’ to a Federal, State or local governmental authority maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to an agency decision concerning the hiring or retention of an employer, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other benefit.
8. A record from this system of records may be disclosed to a Federal, State or local governmental authority, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency’s decision on the matter.
9. In connection with proceedings by the Commission pursuant to rule 2(e) of its rules of practice, 17 CFR 201.2(e).
10. When considered appropriate, recorcjjs in this system may be referred to a bar association or similar Federal, State or local licensing authority for possible disciplinary action.
11. As a data source for management information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained or for related personnel management functions or manpower studies; may also be utilized to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act or to locate specific individuals for personnel research or other personnel management functions.
12. In connection with their regulatory and enforcement responsibilities mandated by the Federal securities laws (as defined in section 21(g) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)), or State or foreign law regulating securities or other related matters, records in this system of records may be disclosed to national securities exchanges and national securities associations that are registered with the Commission, the Municipal Securities Rulemaking Board, the Securities Investor Protection Corporation, the Federal banking authorities, including but not limited to the Board
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36538of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation, State securities regulatory or law enforcement agencies or organizations, or regulatory or law enforcement agencies of a foreign government.
13. Records in this system may be disclosed as a routine use to any trustee receiver, master, special counsel, or other individual or entity that is appointed by a court of competent jurisdiction, or as a result of an agreement between the parties in connection with litigation or administrative proceedings involving allegations of violations of the Federal securities laws (as defined in section 21(g) of the Securities Exchange Act, 15 U.S.C. 78u(g)) or the Commission’s rules of practice, 17 CFR 202.1 et seq. or otherwise, where such trustee, receiver, master, special counsel, or other individual or entity is specifically designated to perform particular functions with respect to, or as a result of, the pending action or proceeding or in connection with the administration and enforcement by the C om m ission of the Federal securities laws or the Commission’s rules of practice.
14. Records in this system may, in the discretion of the Commission’s staff, be disclosed to any person during the course of any inquiry or investigation conducted by the Commission’s staff, or in connection with civil
\ litigation, if the staff has reason to believe that the person to whofh the record is disclosed may have further information about the matters related therein, and those matters appeared to be relevant at thè time to the subject matter of the inquiry.
15. Records or information from records in this system may be included in reports published by the Commission pursuant to authority granted in the Federal securities laws (as defined in section 21(g) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)).
16. Records or information in records contained in this system may be disclosed to members of advisory committees that are created by the Commission or by the Congess to render advice and recommendations to the Commission or to the Congress, to be used solely in connection with their official, designated functions.
17. Records or information in the records in this system may be disclosed as a routine use to any person who is or has agreed to be subject to the Commission’s rules of conduct, 17 CFR 202.785-1 et seq., and who assists in the investigation by the Commission of possible violations of Federal securities laws (as defined in section 21(g) of the Securities Exchange Act of 1934, 15 Ü.S.C. 78u(g)), in the preparation or conduct of enforcement ac-
NOTICES
tions brought by the Commission for such violations, or otherwise in connection with the Commission’s enforcement o r . regulatory functions under the Federal securities laws.
18. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:Storage:
The records are maintained on magnetic tape or cards and accessed by special computer programs on a periodic or “on request” basis.Retrievability: '
Information is retrievable by the name of the complainant, or the name of the entity or individual against whom the complaint is lodged.Safeguards:
Access to and use of these records are limited to those persons whose official duties require such access. Personnel screening is employed to prevent unauthorized disclosure. Records are maintained in a building having a24-hour security guard.Retention and disposal:
Records are retained indefinitely.System Manager(s) and address:
Director, Office of Consumer Affairs, Securities and Exchange Commission, 1100 L Street NW., Washington, D.C. 20549.Notification procedure:
All requests to determine whether this system of records contains a record pertaining to the requesting individual may be made in person during normal business hours at the SEC Public Reference Room at 1100 L Street NW., Washington, D.C., or by mail addressed to the Securities and Exchange Commission, Privacy Act Officer, Washington, D.C. 20549.Record access procedures:
Persons wishing to obtain information on the procedures for gaining access to or contesting the contents of these records may contact or address their inquiries to the Securities and Exchange Commission, Privacy Act Officer, Washington, D.C. 20549.Contesting record procedures:
See record access procedures above.Record source categories:
Information is received primarily from individuals through letters, tele
phone calls, or personal visits to Commission offices.
For the Commission, by the Office of the General Counsel, pursuant to delegated authority.
S h ir l e y E. H o l l ïs , Assistant Secretary.
August 9,1978.[FR Doc. 78-23124 Filed 8-16-78; 8:45 am]
[8010- 01]PRIVACY ACT OF 1974
Proposed Am endm ent to a System o f Records
AGENCY; Securities and Exchange Commission.ACTION: Notification of amendment to a system of records.SUMMARY; The Securities and Exchange Commission proposes to amend the system of records identified as SEC-36, investigatory files, and is publishing this amendment for public comment. The proposed amendment to routine use No. 6 will specify in greater .detail the types of associations or authorities to which the records contained in this system may, in appropriate circumstances, be referred.DATES: This amendment will become effective as proposed on September 14, 1978, unless comments are received on or before that date which would result in a contrary or changed determination.ADDRESS: Comments should be addressed to George A. Fitzsimmons, Secretary, Securities and Exchange Commission, 500 North Capitol Street, Washington. D.C. 20549. All comments received will be available for public inspection and copying in the Commission’s public reference section, room 6101, 1100 L Street NW, Washington, D.C.FOR FURTHER INFORMATION CONTACT:
Julian T. Pierce, Office of the General Counsel, Securities and Exchange Commission, Whashington, D.C., 202-755-1636.
SUPPLEMENTATY INFORMATION: The proposed amendment to the system of records is a change in a portion of the language contained in the “Routine Uses of Records Maintained * * *” under the Commission system of records entitled Investigatory Files, SEC-36. This amendment will specify that accounting associations or other organizations engaged in self-regulatory authorities are included in the types of institutions to which these files may be referred. As a result of this amendment, the routine use will set forth more fully and precisely the types of organizations and
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
institutions that may receive the files contained in this system.
SEC-36System name:
Investigatory files—SEC.System location:
Securities and Exchange Commission, Washington, D.C. 20549. Main files may be maintained in the SEC regional or branch office which conducted the investigation.Categories of individuals covered by the system:
Records are maintained on defendants, respondents, witnesses, and other individuals involved in investigations and enforcement actions instituted by the SEC.Categories of records in the system:
The system contains information gathered by the Commission’s staff in connection with investigations by it into possible violations of the Federal securities laws. Such information may be derived from materials filed with the Commission, court records, articles from publications, published financial data, corporate information, securities brokerage firm data, bank information, telephone data, information received from securities self-regulatory organizations, information supplied by individuals and Federal, State, local, and foreign law enforcement organizations, and from other sources. This record also contains the work product of SEC personnel involved in the investigation.Authority for maintenance of the system:
Title 15, United States Code, sections 77s, 77t, 78u, 79r, 77uuu, 80a-41, 80b-9, and 17 CFR 202.5Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
These records and the information contained in these records may be used for the following:
1. By SEC personnel for purposes of investigating possible violations of the Federal securities laws.
2. In any proceeding where the Federal securities laws are in issue or in which the Commission or past or present members of its staff is a party or otherwise involved in an official capacity.
3. In connection with investigations or disciplinary proceedings by a State securities regulatory authority or by a securities self-regulatory organization involving one or more of its members.
4. In connection with proceedings by the Commission pursuant to rule 2(e) of its rules of practice, 17 CFR 201.2(e).
NOTICES
5. Where there is an indication of a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether Federili, State, local, foreign, or a securities self-regulatory organization charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.
6. When considered appropriate, records in this system may be disclosed to a bar association, the American Institute of Certified Public Accountants, a State accountancy board or other Federal, State, or local licensing or oversight authority, or professional association or self-regulatory authority performing similar functions, for possible disciplinary or other action.
7. A record from this system of records may be disclosed as a “routine use” to a Federal, State, or local governmental authority maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other benefit.
8. A record from this system of records may be disclosed to a Federal, State, or local governmental authority, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency’s decision on the matter.
9. As a data source for management information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained or for related personnel management functions or manpower studies; may also be utilized to respond to general requests for statistical information (without personal identification of individuals) under the Freedom of Information Act or to locate specific individuals for personnel research or other personal management functions.
10. To respond to inquiries from Members of Congress which relate to
36539
specific matters that the Commission has investigated.
11. To prepare and publish information relating to violations of the Federal securities laws as provided in 15 U.S.C. 78u(a), as amended.
12. In connection with their regulatory and enforcement responsibilities mandated by the Federal securities laws (as defined in section 21(g) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)), or State or foreign laws regulating securities or other related matters, records in this system of jec- ords may be disclosed to national securities exchanges and national securities associations that are registered with the Commission, the Municipal Securities Rulemaking Board, the Securities Investor Protection Corp., the Federal banking authorities, including but not limited to the Board of Goven- ors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation, State securities regulatory, or law enforcement agencies, or organizations, or regulatory or law enforcement agencies of a foreign government.
13. Records in this system may >be disclosed as a routihe use to any trustee, receiver, master, special counsel, or other individual or entity that is appointed by a court of competent jurisdiction, or as a result of an agreement between the parties in connection with litigation or administrative proceedings involving allegations of violations of the Federal securities laws (as defined in section 21(g) of the Securities Exchange Act, 15 U.S.C. 78u(g)) or the Commission’s rules of practice, 17 CFR 202.1 et seq. or otherwise, where such trustee, receiver, master, special counsel, or other individual or entity is specifically designated to perform particular functions with respect to, or as a result of, the pending action or proceeding or in connection with the administration and enforcement by the Commission of the Federal securities laws or the Commission’s rules of practice.
14. Records in this system may, in the discretion of the Commission’s staff, be disclosed to any person during the course of any inquiry or investigation conducted by the Commission staff, or in connection with civil litigation, if the staff has reason to believe that the person to whom the record is disclosed may have further information about the matters related therein, and those matters appeared to be relevant at the time to the subject matter of the inquiry.
15. A record of information in this system may be disclosed to any person with whom the Commission contracts to reproduce, by typing, photocopy^ or other means, any record within this system for use by the Commission and
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36540 NOTICES
its staff in connection with their official duties or to any person who is utilized by the Commission to perform clerical or stenographic functions relating to the official business of the Commission.
16. Records or information from records in this system may be included in reports published by the Commission pursuant to authority granted in the Federal securities laws (as defined in section 21(g) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)).
17. Records or information in records contained in this system may be disclosed to members of advisory committees that are created by the Commission or by the Congress to render advice and recommendations to the Commission or to the Congress, to be used solely in connection with their official, designated functions.
18. Records or information in the records in this system may be disclosed as a routine use to any person who is or has agreed to be subject to the Commission’s rules of conduct, 17 CFR 202.785-1 et seq., and who has assists in the investigation by the Commission of possible violations of Federal securities laws (as defined in section 21(g) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)), in the preparation or conduct of enforcement actions brought by the Commission for such violations, or otherwise in connection with the Commission’s enforcement or regulatory functions under the Federal securities laws.
19. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:Storage:
Records are maintained in hard copy form or microform.Retrievability:
Records are accessed by individual name through computer search of the Commission’s Name-Relationship Index system.Safeguards:
Access to and use of these records are limited to those persons whose official duties requires such access. Personnel screening is employed to prevent unauthorized disclosure. Files are maintained in buildings that have 24- hour security guards.Retention and disposal:
Records are retained in the Commission’s files or periodically sent to Federal Records Center for storage. They are destroyed after 25 years.
System manager(s) and address:Director, Division of Enforcement,
Securities and Exchange Commission, 500 North Capitol Street, Washington, D.C. 20549.Notification procedure:
All requests to determine whether this system of records contains a record pertaining to the requesting individual may be made in person during normal business hours at the SEC Public Reference Room at 1100 L Street NW., Washington, D.C., or by mail addressed to the Securities and Exchange Commission, Privacy Act Officer, Washington, D.C. 20549.Record access procedures:
Persons wishing to obtain information on the procedures for gaining access to or contesting the contents of these records may contact or address their inquiries to the Securities and Exchange Commission, Public Reference Section, Washington, D.C. 20549.Contesting record procedures:
See Record access procedures above.Record source categories:
Information in these records is supplied by individuals, including where practicable, those to whom the information relates, witnesses, banks, corporations, or other entities during course of inquiry or investigation; information supplied by stock exchanges, the National Association of Securities Dealers, Inc., Postal Inspection Service, Department of Justice, State securities commissions, or other foreign, Federal, State, or local bodies and law enforcement agencies; information obtained from public sources, i.e., libraries, newspapers, television, radio, court records, filings with Federal, State, and local bodies; information contained in filings made with the SEC pursuant to law and information from other offices within the Commission.
For the Commission, by the Office of the General Counsel, pursuant to delegated authority.
. Shirley E. H ollis, Assistant Secretary.
Audusi 9, 1978.[FR Doc. 78-23125 Filed 8-16-78; 8:45 am]
[8010- 01]
[70-6190; Rel. No. 20654] A LA B A M A POWER CO.
Proposal To Acquire Nuclear Fuel by Lease
August 8,1978.Notice is hereby given that Alabama
Power Co. (“Alabama”), 600 North
18th Street, Birmingham, Ala. 35291, an electric utility subsidiary of the Southern Co., a registered holding company, has filed an application with this Commission pursuant to the Public Utility Holding Company Act of 1935 (“act”), designating sections 9(a) and 10 of the act as applicable to the proposed transaction. All interested persons are referred to the application, which is summarized below, for a complete statement of the proposed transaction.
In order to provide funds to finance a portion of the nuclear fuel (“fuel”) requirements of the Joseph M. Farley nuclear plant units No. 1 and No. 2 (“Farley units”) Alabama proposes to enter into arrangements whereby the Bank of America National Trust & Savings Association (“bank”) will establish a line of credit to «provide funds to a trustee of an express trust established pursuant to a trust agreement (“trust agreement"). The trustee will use such funds to pay the costs of acquiring, processing, and fabricating the fuel, including reimbursement to Alabama of fuel costs incurred or to be incurred by Alabama. Alabama will transfer to the trustee its interest in the fuel and in procurement contracts in respect thereof. The trustee, as owner of the fuel, will lease the fabricated fuel to Alabama pursuant to a nuclear fuel lease (“lease”) described below. The line of credit will be in the aggregate principal amount of $60,000,000 and will expire March 31, 1982, unless extended pursuant to the provisions of the credit agreement between the trustee and the bank (“credit agreement”), which will provide for the terms and conditions of the credit. On or before March 31 of each year, the trustee may request the bank to extend the expiration date for an additional year beyond its then 3- year term, with the bank to act on such request by June 30 of that year.
The trustee will effect the borrowings in accordance with instructions from Alabama, not inconsistent with the terms of the trust agreement and the «credit agreement, as to the amount and date from, or prepayment to, the bank. Each time the trustee borrows from the bank, the trustee will issue a finance bill draft having a maturity of from 1 to not more than 270 days. Each finance bill draft will be issued by the trustee at a discount equal to the sum of the bid rate on comparable maturities of major bank certificates of deposit, the interest equivalent of actual reserve requirements on such certificates of deposit (or, in the case of finance bill drafts having a maturity of less than 30 days the reserve requirements shall be that of ineligible acceptance), taxes, if any, and a commission of IV* percent per annum.
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
i The face value of the finance bill drafts generally will be in multiples of $100,000, the minimum value of any bill being $100,000 and the maximum value being $1,000,000. Finance bill drafts may be prepaid prior to maturity if held in the bank’s portfolio and upon the payment of liquidation costs, if any, due to interest rate differentials and administrative costs of $50 per finance bill draft. In no event shall the maturity of a finance bill extend beyond the expiration of the line of credit.
A commitment fee of one-half of 1 percent per annum must be paid on the unutilized portion of the line of credit, on a 360-day basis, payable quarterly in arrears.
The trustee will purchase the fuel from time to time with the proceeds of the loan from the bank. The lease will require payments by Alabama, including rent, sufficient to fully amortize all costs and expenses of the trustee over the useful life of the fuel as it is consumed and requiring Alabama at the expiration of the line of credit to purchase the fuel, whether or not it is consumed, for an amount sufficient to retire all debts, interest, and fees of the trustee associated with the bank’s commitment. The trustee will assign to the bank substantially all rights and payments under the lease pursuant to an assignment agreement with the bank. If the lease is terminated for any reason, Alabama will be required to purchase the fuel immediately for an amount equal to the unamortized cost of the fuel and repay all associated debts and any amounts outstanding under the line of credit, including accrued interest. The trustee will also be required to furnish the bank with a security agreement (“security agreement”) giving the bank security interests in the fuel and the lease.
If either of the Farley units ceases to operate for operational reasons for 24 consecutive months after having been placed in commercial operation, Alabama will be required either to purchase that respective unit’s fuel immediately for an amount equal to the unamortized cost of the fuel and repay any corresponding amounts outstanding under the line of credit or to purchase the fuel on a semiannual basis over the remaining life of the line of credit. The proceeds of such purchases, will be used to retire all amounts owing to the Bank.
A statement of the fees, commissions, and expenses to be incurred in connection with the proposed transaction will be filed by amendment. The incurrence of the lease obligations by Alabama is subject to the jurisdiction of the Alabama Public Service Commission. It is stated that no other State commission and no Federal commission, other than this Commission,
NOTICES
has jurisdiction over the proposed transaction.
Notice is further given that any interested person may, not later than September 1, 1978, request in writing that a hearing be held on such matter, stating the nature of his interest, the reasons for such request, and the issues of fact or law raised by the filing which he desires to controvert; or he may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request should be served personally or by mail upon the applicants at the above-stated address, and proof of service (by affidavit or, in case of an attorney at law, by certificate) should be filed with the request. At any time after said date, the application, as filed or as it may be amended, may be granted effective as provided in rule 23 of the general rules and regulations promulgated under the act, or the Commission may grant exemption from such rules as provided in rules 20(a) and 100 thereof or take such other action as it may deem appropriate. Persons who request a hearing or advice as to whether a hearing is ordered will receive any notices or orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.
For the Commission, by the Division of Corporate Regulation, pursuant to delegated authority.
G eorge A. F itzsim m ons, Secretary.
[FR Doc. 78-23071 Filed 8-16-78; 8:45 am]
[8010- 01][File No. 500-1]
ANCORP N AT IO N A L SERVICES ET AL.
Suspension o f Trading
August 10,1978.In the matter of trading in securities
of Ancorp National Services, Inc., Energy Reserve, Inc., Federated Communications Corp., Gladding Corp., Guardian Mortgage Investors, Hadron, Inc., Hovermarine Corp.^ and Movie- matic Industries Corp.
It appearing to the Securities and Exchange Commission that the summary suspension of trading in the securities of the above companies being traded on a national securities exchange or otherwise is required in the public interest and for the protection of investors;
Therefore, pursuant to section 12(k) of the Securities Exchange Act of 1934, trading in such securities on a national securities exchange or otherwise is suspended, for the period from
36541
12:35 p.m. (e.d.t.) on August 10, 1978, through August 19,1978.
By the Commission.G eorge A. F itzsim m ons,
Secretary.[FR Doc. 78-23072 Filed 8-16-78; 8:45 am]
[8010- 01][Rel. No. 20667; 70-6197]
GULF POWER CO.
Proposal To Issue and Sell First M ortgage Bonds a t C om petitive Bidding
August 10,1978.Notice is hereby given that Gulf
Power Co. (“Gulf”), 75 North Pace Boulevard, P.O. Box 1151, Pensacola, Fla. 32520, an electric utility subsidiary of the Southern Co., a registered holding company, has filed an application-declaration and an amendment thereto with this Commission pursuant to the Public Utility Holding Company Act of 1935 (“act”), designating sections 6(a) and 7 of the act and rule 50 promulgated thereunder as applicable to the proposed transaction. All interested persons are referred to the application-declaration, which is summarized below, for a complete statement of the proposed transaction.
Gulf proposes to issue up to $25,000,000 principal amount of its first mortgage bonds of a series having a term of not less than 5 years nor more than 30 years ("bonds”) and to sell such securities at competitive bidding for a price to Gulf of not less than 98 percent nor more than 101% percent of the principal amount thereof plus accrued interest.
The bonds will be issued under the indenture dated as of September 1, 1941, between Gulf and the Chase Manhattan Bank (National Association) and the Citizens & Peoples National Bank of Pensacola, as trustees, as heretofore supplemented by various indentures supplemental thereto and as to be further supplemented by a supplemental indenture to be dated as of September 1,1978.
Gulf states that it is difficult to determine, under present bond market conditions, whether it would be more advantageous to sell bonds having a 30-year or some shorter term. It is proposed, therefore, that Gulf decide on the term of the bonds after the date of public invitation for proposals and then notify prospective bidders by telephone, confirmed in writing, of its decision, not less than 72 hours prior to the time of the bidding.
Gulf proposes to use the proceeds from the sale of the bonds, along with other funds, in financing its 1978 construction program, to retire $1,631,000 principal amount of first mortgage bonds in April 1978 and to reduce
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36542 NOTICES
notes payable. Other funds used or currently proposed to be used for such purposes include: (1) $9,000,000 of additional equity funds from Southern, (2) $1,500,000 of funds received in April 1978 from pollution control obligations issued by a public authority to finance certain of Gulf’s pollution control facilities, and (3) funds expected to be accumulated from internal sources.
Gulf estimates that no additional financing will be required for construction purposes during 1978 except for the issuance of short-term notes payable to be made after the sale of the bonds. It is estimated that no shortterm notes payable will be outstanding at December 31, 1978.
The fees and expenses to be incurred in connection with the proposed transaction are estimated at $192,000, including legal fees of $22,500 and accounting fees of $21,500. The fee of counsel for the purchasers of the bonds is estimated at $15,000 and will be paid by the successful bidders. The proposed transaction is subject to the jurisdiction of the Florida Public Service Commission. It is stated that no other State commission and no Federal commission, other than this Commission, has jurisdiction over the proposed transaction.
Notice is further given that any interested person may, not later than September 6, 1978, request in writing that a hearing be held on such matter, stating the nature of his interest, the reasons for such request, and the issues of fact or law raised by the filing which he desires to controvert; or he may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request should be served personally or by mail upon the applicants-declarants at the above-stated address, and proof of service (by affidavit or, in case of an attorney at law, by certificate) should be filed with the request. At any time after said date, the application-declaration, as amended or as it may be further amended, may be granted and permitted to become effective as provided in rule 23 of the general rules and regulations promulgated under the act, or the Commission may grant exemption from such rules as provided in rules 20(a) and 100 thereof or take such other action as it may deem appropriate. Persons who request a hearing or advice as to whether a hearing is ordered will receive any notices or orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.
For the Commission, by the Division of Corporate Regulation, pursuant to delegated authority.
Shirley E. Hollis, Assistant Secretary.
[FR Doc. 78-23073 Filed 8-16-78; 8:45 ami
[8010- 01][70-6195; Rel. No. 20665]
IN D IA N A & M IC H IG A N ELECTRIC CO.
Proposed Issuance and Sale o f Notes to Banksand a Commercial Paper Dealer; Request fo rExemption Form Com petitive Bidding
August 10, 1978.Notice is hereby given that Indiana
& Michigan Electric Co. (“I&M”) 2101 Spy Run Avenue, Fort Wayne, Ind. 46801, an electric utility subsidiry company of American Electric Power Co., Inc., a registered holding company, has filed with this Commission an application pursuant to the Public Utility Holding Company Act of 1935 (“Act”), designating section 6(b) of the Act and rules 50(a)(2) and 50(a)(5) promulgated thereunder as applicable to the proposed transaction. All interested persons are referred to the application, which is summarized below, for a complete statement of the proposed transaction.
I&M requests that from the date of the granting of this application to January 1, 1980, the exemption from the provisions of section 6(a) of the Act afforded to it by the first sentence of section 6(b) of the Act, relating to the issuance of short-term notes, be increased to the extent necessary to cover the issuance and sale of notes to banks and commercial paper to a dealer in commercial paper in an aggregate amount not to exceed $125 million, all such indebtedness to mature not later than June 30, 1980. As of June 30, 1978, I&M had$47,600,000 aggregate principal amount of short-term debt outstanding.
I&M’s amended articles of acceptance provide, inter alia, that I&M may not, without the consent of the holder^ of a majority of the total number of shares of cumulative preferred stock of all series then outstanding, issue any unsecured debt securities, as defined therein, if immediately after such issuance the total principal amount of all such unsecured debt securities (other than long-term unsecured debt securities' not in excess of 10 percent of the capitalization of I&M) issued by I&M would exceed 10 percent of the capitalization of I&M. I&M received the consent of such holders of the cumulative preferred stock at a special meeting of shareholders held on October 13, 1976, at which meeting I&M was authorized to
incur additional short-term debt in excess of 10 percent (but together with long-term unsecured indebtedness outstanding at the time of any computation not in excess of 20 percent) of the capitalization of I&M through December 30, 1980, with all such excess short-term debt maturing not later than June 30,1981.
It is stated that I&M has lines of credit with 39 named banks which total $295,990,000. For purposes of borrowing, these banks are of three classes. Each note to be issued to a class I bank will mature not more than 270 days after the date of issuance or renewal thereof, and will be prepayable at any time without premium or penalty. I&M’s credit arrangements with these banks require it to maintain compensating balances equal to a percentage of the line of credit made available by the bank plus a percentage of any amount actually borrowed (generally not in excess of 10 percent of the line of credit and 10 percent of the amount borrowed). In most cases I&M maintains deposit balances for its operational and financial needs in amounts sufficient to satisfy any compensating balances required with respect to borrowings from such banks. Borrowings from a class I bank would generally bear interest at an annual rate not greater than the bank’s prime commercial rate in effect from time to time.
Each note to be issued to a class II bank will mature not more than 90 days after the date of issuance or renewal thereof, and will be prepayable at any time without premium or penalty. I&M’s credit arrangements with these banks require it to maintain compensating balances of 5 percent of the line of credit and to pay a fee equal to 4 percent of the bank’s prime commercial rate then in effect on the size of the line. The combination of 5 percent compensating balances and a fee is generally equivalent to compensating balances not in excess of 10 percent of the line of credit made available. In addition, I&M must pay interest at the rate of 108.5 percent of the bank’s prime commercial rate then in effect on the borrowings. It is stated that if the balances maintained and the fees paid by I&M with and to the class I and II banks were maintained and paid solely to fulfill requirements for borrowings by I&M, the effective annual interest cost under either such arrangement, assuming full use of the line of credit, would not exceed 125 percent of the prime commercial rate in effect from time to time, or not more than 11.25 percent on the basis of a prime commercial rate of 9.0 percent.
With respect to the class III banks, I&M has a money market facility at each of two named banks in an aggre-
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36543
gate amount of $25 million. These money market facilities do not represent a formal commitment or engagement by these banks to I&M, but represent merely the ability of I&M to request unsecured borrowings, in the form of promissory notes, on a case- by-case basis. These money market facilities are available for unsecured borrowings in domestic dollars and/or in Eurodollars for periods of up to 180 days after the date of issuance, and any such borrowings will be prepayable at any time without premium or penalty. No compensating balances are required. The interest rate, which is presently to be negotiated on a case- by-case basis (using a 360-day year), is pegged to either the London Interbank offering rate plus a designated percent, if the borrowings are made in Eurodollars, or to a designated percent of the bank’s prime rate, if the borrowings are made in domestic dollars. It is stated that interest rates on these notes will be lower than the effective interest rates for borrowings made from class I and II banks, including the effect of any compensating balances and fees paid.
It is further proposed that commercial paper will be sold directly by I&M to Lehman Commercial Paper Inc. (the “dealer”). The commercial paper will consist of promissory notes in denominations of not less than $50,000 nor more than $5 million, of varying maturities, with no maturity more than 270 days after the date of issue; such notes will not be repayable prior to maturity and will be sold at a discount rate not in excess of the discount rate per annum prevailing at the time of issuance for commercial paper of comparable quality and maturity. No commercial paper will be issued having a maturity of more than 90 days if such commercial paper would have ah effective interest cost ot I&M which exceeds the effective interest cost at which I&M could borrow from commercial banks. The Dealer will reoffer the commercial paper, at a discount rate Va of 1 percent per annum less than the discount rate at which such notes were purchased from I&M, to not more than 200 of the Dealer’s customers designated in a nonpublic list prepared by the Dealer in advance. No sales of such commercial paper will be made to any customer unless that customer has received up-to-date reports as to the credit position of I&M. It is expected that the Dealer’s customers will hold such commercial paper to maturity; but if any such customer wishes to resell I&M commercial paper prior to maturity, the Dealer; pursuant to a verbal repurchase agreement, will repurchase the commercial paper and reoffer it to other customers on its nonpublic list.
The proceeds from the issue and sale of the notes will be used by I&M to reimburse its treasury for past expenditures made in connection with its construction program and to pay part of the cost of its future construction program. I&M estimates its construction expenditures for the year 1978 and 1979 at $450 million (exclusive of the expenditures of its generating subsidiary).
I&M claims exemption from the competitive bidding requirements of rule 50 for the proposed issuance of notes to banks pursuant to paragraph (a)(2) thereof. Additionally, I&M requests exemption from the competitive bidding requirements of rule 50 for the proposed issue and sale of its commercial paper pursuant to paragraph (a)(5) thereof.
The fees and expenses to be incurred in connection with the proposed transaction are estimated at $12,000. No State commission and no Federal commission, other than this Commission, has jurisdiction over the proposed transaction.
Notice is further given that any interested person may, not later than September 6, 1978, request 4n writing that a hearing be held on such matter, stating the nature of his interest, the reasons for such request, and the issues of fact or law raised by said application which he desires to controvert; or he may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request should be served personally or by mail upon the applicant at the above-stated address, and proof of service (by affidavit or, in case of an attorney at law, by certificate) should be filed with the request. At any time after said date, the application as filed or as it may be amended, may be granted as provided in rule 23 of the general rules and regulations promulgated under the Act, or the Commission may grant exemption from such rules as provided in rules 20(a) and 100 thereof or take such other action as it may deem appropriate. 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 Corporate Regulation, pursuant to delegated authority.
S hirley E. Hollis, Assistant Secretary.
[FR Doc. 78-23074 Filed 8-16-78; 8:45 am]
[8010- 01]
[Rel. No. 20664; 70-6193]O H IO VALLEY ELECTRIC CORP.
Proposed Pollution C ontro l Financing
August 9,1978!Notice is hereby given that Ohio
Valley Electric Corp. (“OVEC”) P.O. Box 468, Piketon, Ohio 45661, an electric utility subsidiary of Allegheny Power System, Inc., American Electric Power Co., Inc., and Ohio Edison Co., registered holding companies, has filed with this Commission an application-declaration pursuant to the Public Utility Holding Company Act of 1935 (“Act”), designating sections 9(a), 10, and 12(d) of the Act and rule 44 promulgated thereunder as applicable to the proposed transaction. All interested persons are referred to the application-declaration, which is summarized below, for a complete statement of the proposed transaction.
OVEC and its wholly owned subsidiary Indiana-Kentucky Electric Corp. (“IKEC”) were organized on October 1, 1952, to provide the power requirements of the gaseous diffusion plant at Portsmouth, Ohio (“Portsmouth Plant”), now owned and operated by the Department of Energy (“DOE”). Such services are provided pursuant to a power agreement (“DOE Agreement”), as modified from time to time. The DOE Power Agreement provides, inter alia, that DOE will pay OVEC the entire cost of certain replacements of property and plant, including replacements reasonably required to comply with any governmental pollution control requirements. The DOE Power Agreement also provides that OVEC will use its best efforts to arrange for financing pollution control replacements from sources of capital funds other than DOE unless DOE prefers to finance OVEC’s pollution control replacements directly. Under the DOE Power Agreement, DOE agrees to pay an amount equal to the principal component of any purchase price payment under an installment sale agreement relating to the purchase by OVEC of any pollution control replacement, and an amount equal to the interest component of any such purchase price payment. The DOE Power Agreement terminates, unless extended at an earlier date, on March 31, 1979. OVEC and DOE are currently engaged in negotiations with respect to (1) modification No. 9 to the DOE Power Agreement which would extend its stated term to September 30, 1979, and, under certain circumstances to December 31, 1979; and (2) another modification to the DOE Power Agreement which would extend its stated term to October 14, 1992, and contain certain other provisions.
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36544 NOTICES
OVEC states that in order to comply with prescribed environmental quality control standards of the State of Ohio and the Federal Government it has under construction certain high efficiency electrostatic precipitators for particulate emission control and related facilities (the “Project”) to be installed on the five units at its Kyger Creek Plant (“Plant”). It is estimated that the Project will cost approximately $75 million of which approximately $383,000 had been expended as of March 31, 1978. By resolution adopted August 9, 1977, the Ohio Air Quality Development Authority (“Authority”), which under the Ohio statutes is authorized to enter into agreements concerning the acquisition and construe-, tion of pollution control facilities, determined that it would authorize and issue one or more series of revenue bonds of the State of Ohio (“Revenue Bonds”) in the maximum aggregate amount of $75 million to finance the cost of the Project.
OVEC proposes to enter into an agreement of sale (“Agreement”) with the Authority under which the Authority will complete the construction and installation of the facilities comprising the Project and will issue Revenue Bonds in an initial principal amount of up to $75 million (“Series A Bonds”) and additional Revenue Bonds in principal amounts which will, when added to the aggregate principal amount of Series A Bonds, not exceed $75 million in the aggregate, sufficient to cover the cost of construction of the Project. The proceed from the sale of the Series A Bonds will be deposited by the Authority with a bank or trust company as trustee (“Trustee”) under an indenture to be entered into between the Authority and the Trustee (the “Indenture”) pursuant to which the Series A Bonds are to be issued and secured. Such proceeds will be applied to payment of the cost of construction of the Project.
The Agreement will also provide for the sale of the Project to OVEC, the payment by OVEC of the purchase price of the Project in installments over a term of years and the assignment and pledge to the Trustee by the Authority of its interest in and to the moneys (including the interest and principal components of the purchase price) receivable by the Authority under the Agreement. DOE and OVEC will consent to such assignment so that amounts equal to the interest and principal components of the purchase price payable by OVEC to the Authority will be paid by DOE directly to the Trustee. The Agreement also provides that OVEC will pay to the Authority as the purchase price for the Project interest and principal components in
*such amounts as will enable the Au
thority to pay when due the principal and interest on the Series A Bonds, any additional bonds and any refunding bonds. The Agreement also obligates OVEC to pay the fees and charges of the Trustee, as well as certain expenses of the Authority.
OVEC has the option to prepay the purchase price in whole (i) upon the occurrence of certain events by paying amounts sufficient to redeem all Revenue Bonds then outstanding, the fees and expenses of the Trustee and all other amounts payable under the Indenture, or (ii) by deposting moneys in the Bond Fund (as defined in the Indenture) or delivering to the Trustee governmental obligations sufficient in either case to provide for the release of the Indenture in accordance with its terms. Upon prepayment of the entire purhase price OVEC may terminate the Agreement. OVEC may also prepay the purchase price in part, such payments to be paid to the Trustee for deposit in the Bond Fund and credited against the purchase price and used for the redemption or purchase of outstanding Revenue Bonds in the manner and to the extent the outstanding Revenue Bonds are redeemable pr subject to purchase as provided in the Indenture.
The Agreement provides that the purchase price will be required to be prepaid and all Revenue Bonds redeemed in the event that (a) on or before February 28, 1978, neither a modification of the DOE Power Agreement providing for an extension of the term thereof through October 14, 1992, nor an interim arrangement for the supply by OVEC and/or IKEC of electric utility services to DOE at its existing gaseous diffusion plant near Portsmouth, Ohio, through June 29, 1978, in either case including contract provisions obligating DOE to pay directly to the Trustee all interest components and principal components of the purchase price of the Project becoming due during the term of such modification or interim arrangement, shall have become effective; (b) on or before the 31st day prior to the date on which any such interim arrangement or any succeding interim arrangement would otherwise terminate, neither a further interim arrangement for a period of 90 days or more, nor a modification of the DOE Power Agreement referred to in clause (a) above, in each case including the contract provisions referred to in clause (a) above, shall have become effective; (c) any modification of the DOE Power Agreement is executed by OVEC which has the effect of reducing or eliminating DOE’s obligation to make payments of interest components and principal components of the purchase price for the Project; or (d) the DOE Power Agreement shall be about to terminate
by action of DOE, as provided for in section 8.2 of said agreement.
It is stated that OVEC will take necessary action under its mortgage and deed of trust to release the electrostatic precipitators and related equipment which are part of the Project from the lien of its mortgage, and, after such release, will convey them to the Authority free and clear of the mortgage lien. OVEC will receive from the Bond proceeds an amount equal to its original cost for the existing facilities so conveyed.
It is contemplated that the Series A Bonds will be sold by the Authority pursuant to arrangements with a group of underwriters. Although OVEC will not be a party to the underwriting arrangements, it will not enter into the Agreement unless the terms of the Series A Bonds and their sale by the Authority are satisfactory to it. The Series A Bonds will be dated on or about the first day of the month in which they are issued, will bear interest semiannually and will mature not later than October 14, 1992. It is expected that the Series A Bonds will not be redeemable at the option of the Authority within 10 years from the date of their issue except under certain circumstances. The Series A Bonds will be subject to mandatory redemption under the terms specified in the Indenture.
The fees and expenses to be incurred in connection with the proposed transaction will be supplied by amendment. The Public Utilities Commission of Ohio and the Public Service Commission of Kentucky have jurisdiction over the proposed transaction. No other State commission and no Federal commission, other than this Commission, has jurisdiction over the proposed transaction.
Notice is further given that any interested person may, not later than September 5, 1978, request in writing that a hearing be held on such matter, stating the nature of his interest, the reasons for such request, and the issues of fact or law raised by said application-declaration which he desires to controvert; or he may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request should be served personally or by mail upon the applicant-declarant at the above-stated address, and proof of service (by affidavit or, in case of an attorney at law, by certificate) should be filed with the request. At any time after said date, the application-declaration, as filed or as it may be amended, may be granted and permitted to become effective as provided in r'ule 23 of the general rules and regulations promulgated under
FEDERAL REGISTER, V O L . 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36545
the Act, or the Commission may grant exemption from such rules as provided in rules 20(a) and 100 thereof or take such other action as it may deem appropriate. 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 Corporate Regulation, pursuant to delegated authority.
G eorge A. F itzsim m ons, Secretary.
[FR Doc. 78-23075 Filed 8-16-78; 8:45 am]
[8010- 01][Release No. 34-15056, S7-744]
MARKET STRUCTURE ISSUES CONCERNING STANDARDIZED OPTIONS TRADING
Extension o f Comment Period
On June 15, 1978, the Commission authorized the special study of the options markets (“Options Study”) to invite public comments concerning numerous issues relating to the structure of the standardized options markets. Among other things, the Commission authorized the study to request public comments with regard to (i) the extent to which the trading of standardized options and their underlying securities should be integrated on an exchange floor, (ii) whether, and under what circumstances, standardized options should be traded in the over-the-counter markets, and (iii) whether the New York Stock Exchange should be permitted to list and trade standardized options.
Notice of the request for comments was given by Securities Exchange Act Release No. 34-14854 (June 15, 1978) and by publication in the F ederal R egister (43 F R 2660 (June 21, 1978)). Interested persons were invited to submit written data, views, and arguments prior to August 21, 1978. The Options Study has received written requests for an extension of the comment period deadline from both the Chicago Board Options Exchange and the American Stock Exchange. Other interested persons have also indicated that an extension of the comment period would be in the public interest. Accordingly, the Commission today has authorized the Options Study to extend the period for the submission of written data, views, and arguments concerning the foregoing options markets structure issues until September 22, 1978. However, no further extension of time will be granted with respect to this matter.
By the Commission.Shirley E. H ollis,
Assistant Secretary.August 10,1978.
[FR Doc. 78-23076 Filed 8-16-78; 8:45 am]
[8010- 01][Rel. No. 34-15052; File No. SR-BSPS-78-3]
BRADFORD SECURITIES PROCESSING SERVICES, INC.
Self-R egulatory O rganizations; Proposed Rule Change
Pursuant to section 19 (b) (l).of the Securities Exchange Act of 1934, 15 U.S.C. 78s (b) (1), as amended by Pub. L. No. 94-29, 16 ( June 4, 1975), notice is hereby given that on July 25, 1978, the above-mentioned self-regulatory organization filed with the Securities and Exchange Commission a proposed rule change as follows:S tatement of the T erms of S ubstance
of the P roposed R ule Change
In delivering securities sold against payment of the purchase price, when acting for or on behalf of participants, the Corporation may require that the purchase price be paid by certified check, cashier’s check, bank draft, cash or Federal funds check, as the Corporation deems appropriate or as the Corporation is directed by the participant for whom or on whose behalf it is acting.
Statement of B asis and P urpose
The purpose of the proposed rule change is to protect the interests of the participants and the Corporation. In delivering securities against payment of the purchase price the Corporation or the participant for which the Corporation may be acting may be concerned with such delivery because of the dollar sums involved, the financial stability or capacity of the recipient, the general reputation of the recipient, the nature of the market of the subject security at the time of delivery or for other reasons. In such situations prudence would call for additional measures to assure payment of the purchase price. At present the rules of the Corporation do not clearly grant the Corporation the ability to act so on its own accord or when requested by participants. This rule change will clarify that situation.
This rule change will clarify the organization’s capacity to safegrard securities and funds in its custody or control or for which it is responsible. The proposed rule change also protects investors and the public interest by assuring payment for securities sold.
No comments were solicited or received on the proposed rule change.
BSPS is of the opinion that this rule change will not impose a burden on competition.
The foregoing rule change has become effective, pursuant to secton 19 (b) (3) of the Securities Exchange Act of 1934. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Securities Exchange Act of 1934.
Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Persons desiring to make written submissions should file six copies thereof with the Secretary of the Commission, Securities and Exchange Commission, Washington, D.C. 20549. Copies of the filing with respect to the foregoing and of all written submissions will be available for inspection and copying in the Public Reference Room, 1100 L Street NW., Washington, D.C. Copies of such filing will also be available for inspection and copying at the principal office of the above-mentioned self- regulatory organization.
All submissions should refer to the file number referenced in the caption above and should be submitted on or before September 7,1978.
For the Commission by the division of market Regulation, pursuant to delegated authority.
G eorge A. F itzsim m ons, Secretary.
August 10,1978.[FR Doc. 78-23077 Filed 8-16-78; 8:45]
[8010- 01][Rel. No. 34-15045; File No. SR-PHLX-77-
15; Amdt 2]PHILADELPHIA STOCK EXCHANGE, INC.
Self-R egulatory O rganizations; Proposed Rule Change
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 15 U.S.C. 78s(b)(l), as amended by Pub. L. No. 94-29,16 (June 4, 1975), notice is hereby given that on July 26, 1978, the above-mentioned self-regulatory organization filed with the Commission amendments to File No. SR- PHLX-77-15,1 which was designed to conform- certain of the Philadelphia Stock Exchange ("Phlx”) rules to sections of the Securities Acts Amendments of 1975 relating to the comparison, clearance, and settlement of exchange transactions. These amend-
1 Securities Exchange Act Release No. 14254 (December 12,1977), 42 FR 63835 (December 20,1977).
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36546merits pertain to those rules included in Pile No. SR-PHLX-77-15 on which the Commission did not act in its approval order published in Securities Exchange Act Release No. 14636, April 7, 1978 (43 FR 15819, April 14, 1978). In addition, Rule 1050, which was not included in File No. SR-PHLX-77-15, is also amended.
T ext of P roposed R ule Changes
The text of the proposed rule changes, as amended, is as follows (italics indicate new material and brackets indicate proposed deletions from the current rules):
By-Law 18-6. A member who shall be adjudged guilty by the Board of Governors of making a misstatement upon a material point to the Board of Governors or to a Standing or Special Committee of [the] this Corporation; or of making a misstatement upon a material point to the Board of Directors [of Stock Clearing Corporation or] of the Options Clearing Corporation with respect to the reporting, clearance or settlement of any transaction on the options trading floor of this Corporation; or of making on his application for membership a material misstatement to the Committee on Admissions may be suspended or expelled as the Board may determine.
Rule 274. In all deliveries of securities other than securities deliverable pursuant to the rules of a registered clearing agency, the party delivering shall have the right to require the purchase money to be paid upon delivery; if delivery is made by transfer, payment may be required at the time and place of transfer, [provided, however, that payment on deliveries through Stock Clearing Corporation shall be made in conformity with its By-Laws and Rules.]
Rule 276. Each delivery of securities subject to tax on transfer or sale must be accompanied by a sales ticket [(in form approved by Stock Clearing Corporation)] stamped in accordance with the [laws of the United States, except that in the case of securities deliverable to Stock Clearing Corporation, the preparation and delivery of sales tickets shall be in accordance with the By-Laws and Rules of Stock Clearing Corporation.] regulations of the applicable jurisdiction; provided, however, that as to securities delivered pursuant to the rules of a registered clearing agency, the rules of such clearing agency shall govern the payment of any such tax, unless otherwise provided by law.
Rule 301. In settlement of round-lot contracts other than those to be settled pursuant to the rules of a registered clearing agency, the receiver of shares of stock shall have the option of requiring the delivery to be made either in certificates therefor or by transfer
V /NOTICES
thereof; except that in cases where personal liability attaches to ownership, the seller shall have the right to make delivery by transfer.
In settlement of odd-lot Contracts other than those to be settled pursuant to the rules of a registered clearing agency, the seller shall have the option of making delivery either in certificates therefor or by transfer thereof.
[If the receipt or delivery is made to Stock Clearing Corporation the right to require receipt or delivery by transfer shall be exercised only as prescribed in the By-Laws and Rules of Stock Clearing Corporation.]
The right to require receipt or delivery by transfer shall not obtain while the transfer books are closed.
Rule 421. The party who is partially unsecured by reason of a change in the market value of the subject of an Exchange contract may demand from the other party the difference between the contract price and thè market price. The party from whom such difference is demanded shall [immediately] pay the same [directly or through Stock Clearing Corporation] to the party who is partially unsecured either directly or in accordance with the rules of the registered clearing agency through which clearance and settlement is to take place.
Such payments of differences shall bear no interest (unless by mutual agreement), except in the case of a loan of securities, when [sucri] the differences so paid shall be considered part of such loan.
Rule 1050. A member, member organization or director of a member corporation who or which shall be adjudged guilty in a proceeding under Article XVIII of the By-Laws of a violation of any provision of the rules of the Options Clearing Corporation with respect to the reporting, clearance or settlement of any transaction on the options trading floor of this Corporation, shall be subject to the same penalty or penalties as may be imposed for violation of an Exchange Rule.
S tatement of B asis and P urpose
The basis and purpose of the foregoing proposed rule amendments is as follows:
Phlx submitted File No. SR-PHLX- 77-15 on November 15, 1977, in response to the Commission’s September 27, 1977, notice under Section 31(b) of the Securities Acts Amendments of 1975. Amendment No. 2 to SR-PHLX- 77-15 is intended to clarify the intent and scope of the rules included in the original filing which have not been approved by the Commission. The amendments are based upon the standards of Sections 6(b)(5), 6(b)(8), llA(c)(5), and 17A(a)(2) of the Act as
they may be applicable to the various rules that are being amended.
No comments have been received from members or others on the proposed rule amendments.
Phlx believes that the proposed rule amendments will not impose any burdens on competition.
On or before September 21, 1978, or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the above-mentioned self-regulatory organization consents, the Commission will:
(A) By order approve such proposed rule amendments or
(B) Institute proceedings to determine whether the proposed rule amendments should be disapproved.
Interested persons are invited to submit written data, views and arguments concerning the foregoing. Persons desiring to make written submissions should file six copies thereof with the Secretary of the Commission, Securities and Exchange Commission, Washington, D.C. 20549. Copies of the filing with respect to the foregoing and of all written submissions will be available for inspection and copying in the Public Reference Room, 1100 L Street NW., Washington, D.C. Copies of such filing will also be available for inspection and copying at the principal office of the above-mentioned self- regulatory organization. All submissions should refer to the file number referenced in the caption above and should be submitted on or before September 7,1978.
For the Commission, by the Division of Market Regulation pursuant to delegated authority.
G eorge A. F itzsim m ons, Secretary.
August 9, 1978.[FR Doc. 78-23078 Filed 8-16-78; 8:45 am]
[4710-02]DEPARTMENT OF STATE
A gency fo r In ternational Developm ent
[Delegation of Authority No. 131]REGIONAL ASSISTANT ADMINISTRATORS
Delegation o f A uthority Regarding B ilateral and Regional Population Program«
Pursuant to the authority delegated to me by delegation of authority No. 104, as amended,. dated November 3, 1961, (26 FR 10608), from the Secretary of State, it is hereby ordered as follows:
1. There is hereby delegated to the Assistant Administrator for Near East, the Assistant Administrator for Latin
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36547America and the Caribbean, the Assistant Administrator for Africa and the Assistant Administrator for Asia, each for the countries or areas within their respective responsibilities, all of the authorities and functions which are specified in any regulation (published or unpublished), handbook, manual order, policy directive or determination, manual circular or circular airgram or instruction or communication of any nature, relating to the conduct of bilateral and regional programs of population and family planning.
Actions heretofore taken by officials designated herein are hereby ratified and confirmed.
This delegation of authority shall be effective immediately.
Dated: July 18, 1978.J ohn J . G illigan,
Administrator.[FR Doc. 78-23022 Filed 8-16-78; 8:45 am]
[4910-141DEPARTMENT OF TRANSPORTATION
Coast Guard
tCGD (78-109)]COAST GUARD MERCHANT VESSEL
PERSONNEL LICENSE TESTING PROGRAM
M eeting
This is to give notice that there will be an open meeting to discuss issues relating to the Merchant Vessel Personnel License Testing Program. This meeting is in response to comments received concerning issues and areas of interest in the license testing program. Attendance is open to the-interested public.
The meeting will be held on Tuesday, September 26, and Wednesday, September 27, 1978, at the Coast Guard Institute, Federal Aviation Administration Aeronautics Center, Oklahoma City, Okla. 73169, beginning at 1 p.m. on September 26, with a tour of the facilities. Activities on September 27 will commence at 9 a.m. to discuss areas of mutual interest. Those persons planning to attend should contact the Commanding Officer (mvp), Attn: CDR George Thompson, U.S. Coast Guard Institute, P.O. Substation 18, Oklahoma City, Okla. 73169, or by calling 405-686-4417, no later than September 8, in order to provide sufficient space for those attending.
DATE: August 7, 1978.H. H. Bell,
Rear Admiral, U.S. Coast Guard, Chief, Office of Merchant Marine Safety.
[FR Doc. 78-22997 Filed 8-16-78; 8:45 am]
[4910-59]N ationa l H igh w ay Traffic S afety
Adm inistration
[Docket No. EX77-3; Notice 4] BRISTOL CARS, LTD.
Petition for Tem porary Exemption From M otor Vehcile S afety Standard
This notice grants the petition by Bristol Cars, Ltd., of London, England, for a temporary exemption of Bristol 412 passenger cars from 49 CFR 571.215 Motor Vehicle Safety Standard No. 215, Exterior Protection. The company had applied for an exemption on the basis that compliance would cause it substantial economic hardship.
Notice of the petition appeared on May 4, 1978 (43 FR 19310) and an opportunity afforded for public comment.
Petitioner is a manufacturer whose annual production of motor vehicles has not exceeded 150 units in the past 3 years. In 1977, it applied for (42 FR 16014) arid received (42 FR 42942) temporary exemptions from five Federal motor vehicle safety standards. Its request for exemption from standard No. 215, however, was denied without prejudice on the basis that insufficient information had been submitted to support a finding that the company had, in good faith, attemtpted to comply with the standard. The company has applied once more for a 3-year exemption from standard No. 215. It submitted a drawing which purports to show that its bumper heights meet the impact height requirements of the standard.
The petitioner argued that it is unlikely to experience problems with engine movement damage at low-speed impact since it uses a Chrysler engine and motor mounts, and has no radiator fan in the impact area. Cost of engineering and testing for compliance was estimated at $75,000. Bristol had a net loss of approximately $92,000 in 1975 with a total accumulated loss of approximately $156,000 as of the end of that year. In its opinion, an exemption would be in the public interest in allowing it to continue in business and to purchase engines, transmissions, and drive trains from a U.S. corporation.
No comments were received on the petition.
Petitioner has informed the agency that it expects to sell no more than 25 passenger cars in the United States if an exemption is granted to it. NHTSA does not believe that the addition of such a small number of noncomplying vehicles to the motor vehicle population of the United States would result in any demonstrable degradation of safety, and finds that an exemption
from standard No. 215 is consistent with both the public interest in temporarily exempting a small manufacturer, and the objectives of the National Traffic and Motor Vehicle Safety Act. Further, in view of petitioner’s financial history, it is found that compliance with these requirements would cause substantial economic hardship in the possible monetary outlay required for development and testing.
Yet the issue still remains of whether the company has, in good faithu attempted to comply with the standard. As NHTSA interprets the intent of Congress in enacting section 123, relief from compliance should be granted to a manufacturer who can demonstrate that it has a current problem, that it understands the extent of its problem, and that it is working to resolve it. The company has admitted that it did not design its vehicles to conform to standard No. 215 which could be viewed as a per se admission that it has not, in good faith, attempted to meet Federal bumper requirements. Yet if the Bristol’s bumper system could be shown to approximate compliance with bumper height and protective criteria requirements, or not to fall short of full compliance in any substantial respect, an argument of constructive good faith could be made on its behalf.
Bristol’s drawing purports to show that it meets bumper height requirements, and it is of the opinion that the 412 is unlikely to experience problems with engine movement damage at low- speed impacts, presumably to the fuel and cooling system. After the close of the comment period, the company submitted photographs showing • the effect of an impact of 1,400 lbs (i.e., a Mini automobile) on the rear bumper “at about 15 to 20 mph.” The photograph shows that the center portion of the bumper is depressed approximately 2 inches, and that all lamps with the exception of one of the two license plate lamps, are lit. The outage of the lamp is attributed to bulb failure.
Further, there is no apparent damage to the exhaust pipes or as to the trunk lid. Bristol states that the front bumper system is mounted in a similar fashion to the rear and that there is “no reason why a front impact of similar intensity should iriflict more damage than that experienced on the rear.” Although a mass of ,1,400 pounds is substantially less than the mass of the 412, the higher impact velocity of “15 to 20 mph” will result in a much higher force applied at the moment of impact. Upon review of Bristol’s data, the NHTSA believes it more likely than not that the 412’s bumper system would approximate compliance with standard No. 215 in a 5-mph frontal and rear impact, and that this can be viewed as a good faith
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36548 NOTICES
attempt by the manufacturer to provide protection for safety-related systems in low-speed impacts. Therefore, Bristol’s petition is granted. However, because standard No. 215 is revoked effective September 1, 1978, the effective date of 49 CFR 581, Bumper Standard, the exemption from standard No. 215 will terminate with the standard.
Accordingly, NHTSA Exemption No. 78-3 previously granted Bristol Cars, Ltd.' is hereby amended to provide an exemption from 49 CFR 571.215, Motor Vehicle Safety Standard No. 215, Exterior Protection, expiring September 1, 1978.(Sec. 3, Pub. L. 92-548, 86 Stat. 1159 (15 U.S.C. 1410); delegation of authority at 49 CFR 1.50.)
Issued on August 9, 1978.J oan Claybrook,
Administrator.[FR Doc. 78-22650 Filed 8-16-78; 8:45 am]
[4910-59]N ationa l H igh w ay Traffic S afety
Adm inistration
[Docket No. EX76-4; Notice 4] DAIHATSU M OTOR CO. LTD.
Petition for Tem porary Exemption From FederalM otor Vehicle S afety Standard
This notice announces an interpretation through which Daihatsu Motor Co. Ltd. of Asaka, Japan, may certify compliance with Motor Vehicle Safety Standard No. 122, Motorcycle Braking Systems. As such it is a denial of that company’s petition for a renewal of its exemption from that standard. The basis of the petition was that it would facilitate the development and field evaluation of a low-emission electric vehicle. Daihatsu’s previous exemption was granted on August 23, 1976 (41 FR 35554) and expires on July 1, 1978.
Notice of the petition was published on March 27, 1978 (43 FR 12778) and an opportunity afforded for comment. The vehicle for which continued exemption was sought is the Daihatsu Trike, model B20, an electric tricycle which has been developed for short distance on-road use. The B20’s parking brake system will not hold it for 5 minutes on a 30-percent grade in the reverse direction as required by standard No. 122. The company argued that this nonconformance does not degrade the overall safety of the vehicle. Its
'maximum climbing ability is only 10.5 percent which renders it unlikely ever to be parked on a grade that exceeds it. Its parking brake system, however, holds it in a reverse direction on a 20- percent grade, but the vehicle begins to slide at any grade exceeding 20 per
cent. At the time Daihatsu applied for a renewal it had sold only 24 units under its exemption.
No comments were received on the petition.
The purpose of the braking requirement is to insure that the parking brake system is sufficiently strong to hold a vehicle for at least 5 minutes on a 30-percent grade. It is not intended to dictate design requirements such as center of gravity location and tire design mandating that the vehicle itself have a limit of traction sufficient to hold it on a grade that is 30 percent or greater when its wheels are braked. Were NHTSA examining the Daihatsu for compliance with standard 122 the fact that the vehicle slid on a 30-percent grade, in the reverse direction, would not be considered a failure to meet the parking brake requirements. In NHTSA’s view, therefore, no further exemption is now needed for Daihatsu to certify compliance with standard No. 122 and for this reason its petition is denied.(Sec. 3, Pub. L. 92-548, 86 Stat. 1159 (15 U.S.C. 1410); delegations of authority at 49 CFR 1.50.)
Issued on August 14, 1978.J oan Claybrook,
Administrator.[FR Doc. 78-23045 Filed 8-16-78; 8:45 am]
[4810-22]DEPARTMENT OF THE TREASURY
Customs Service
[053595]A M ERICA N MANUFACTURER’S PETITION
Receipt o f American M anufacturer’s Petition To Reclassify C ertain B attery-O perated Clock M ovem ents
August 11, 1978.AGENCY: U.S. Customs Service, Department of the Treasury.ACTION: Notice of receipt of an American manufacturer’s petition.SUMMARY: The Customs Service has received a petition from an American manufacturer requesting the reclassification of certain battery-operated clock movements, on the basis that the metal bearings used in the movements are substitutes for jewels.DATES: Interested persons may comment on this petition. Comments must be received on or before September 18, 1978.ADDRESS: Comments should be addressed to the Commissioner of Customs, Attention: Regulations and Legal Publications Division, U.S. Customs Service, 1301 Constitution
Avenue NW., Room 2335, Washington, D.C. 20229.FOR FURTHER INFORMATION CONTACT:
Simon Cain, Classification and ValueDivision, U.S. Customs Service, 1301Constitution Avenue NW., Washington, D.C. 20229, 202-566-5727.
SUPPLEMENTAL INFORMATION:B ackground
A petition has been filed under section 516 of the Tariff Act of 1930, as amended (19 U.S.C. 1516) by an American manufacturer of transiter battery- operated clock movements. The petitioner contends that certain battery- operated clock movements, which are currently classifiable under the provision for assembled clock movements, measuring less than 1.77 inches in width, not constructed or designed to operate for over 47 hours without rewinding, having no jewels or only 1 jewel, in item 720.02 of the tariff schedules of the United States (TSUS), are more properly classifiable under the provision for assembled clock movements measuring less than 1.77 inches in width, having over 1 jewel, in item 720.04, TSUS, if not constructed or designed to operate for over 47 hours without rewinding, or in item 720.08, TSUS, if constructed or designed to operate for over 47 hours without rewinding.
The proper tariff classification of the clock movements depends upon the number of jewels contained in the movement. Under schedule 7, part 2, subpart E, headnote 2(e), TSUS, the term “jewels” includes substitutes for jewels for tariff classification purposes. The petitioner contends that, because the metal bearings used in the battery-operated clock movement have a greater hardness than the surrounding plate metal, thereby allowing the bearings to perform the same friction- reducing function as a jewel bearing, the metal bearings are substitutes for the jewel bearings, and are to be counted as “jewels” for tariff purposes. As a result, the battery-operated clock movements would be properly classifiable under items 720.04 or 720.08, TSUS.
Comments
Pursuant to § 175.21(b) of the Customs regulations (19 CFR 175.21(b)), the Customs Service invites written comments (preferably in triplicate) on this petition from all interested parties.
The American manufacturer’s petition, as well as all comments received in response to this notice, will be available for public inspection in accordance with §§ 103.8(b) and 175.21(a) of the Customs regulations (19 CFR 103.8(b), 175.21(a)) during regular
FEDERAL REGISTER, V O L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36549business hours at the Regulations and Legal Publications Division, Headquarters, U.S. Customs Service, 1301 Constitution Avenue NW., Room 2335, Washington, D.C. 20229.
Authority
This notice is being published in accordance with § 175.21(a) of the Customs Regulations (19 CPR 175.21(a)).
Leonard Lehman, Assistant Commissioner,
Regulations and Rulings.[FR Doc. 78-23027 Filed 8-16-78; 8:45 am]
[8320-01]VETERANS ADMINISTRATION
STATION COMMITTEE O N EDUCATIONAL ALLOWANCES
M eeting
Notice is hereby given pursuant to section V, review procedure and hearing rules, Station Committee on Educational Allowances that on Thursday, September 7, 1978, at 8 a.m. the Denver Regional Office Station Committee on Educational Allowances shall, in the hearing room of the Denver Veterans’ Administration regional office, conduct a hearing to determine whether Veterans’ Administration benefits to all eligible persons enrolled in LaVonne’s Academy of Beauty, 2162 South Colorado Boulevard, Denver, Colo. 80222, and LaVonne’s Academy of Beauty, 828 East 104th Avenue, Thornton, Colo. 80229 (formerly located at 1565 Glenarm Place, Denver, Colo. 80202) should be discontinued, as provided in 38 CFR 21.4134, because a requirement of law is not being met or a provision of the law has been violated. All interested persons shall be permitted to attend, appear before, or file statements with the committee at that time and place.
Dated: August 7,1978.N. B. Alverson,
Director, VA Regional Office, Denver Federal Center, Denver, Colo.
[FR Doc. 78-22988 Filed 8-16-78; 8:45 am]
[7035-01]INTERSTATE COMMERCE
COMMISSION
[Notice No. 699]ASSIGNMENT OF HEARINGS
August 14, 1978.Cases assigned for hearing, post
ponement, 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.MC 45414 . (Sub-3), Metropolitan Coach
Service, Inc., now assigned September 20, 1978, at Boston, MA,. is canceled and transferred to modified procedure.
MC 105782 (Sub-9F), Hughes Refrigerated Express, Inc., now being assigned prehearing conference September 18, 1978, at the offices of the Interstate Commerce Commission, Washington, DC.
MC 49392 (Sub-7), Campbell’s Moving Co., Inc., now being assigned September 11, 1978 (5 days), at Philadelphia, PA, in a hearing room to be later designated.
MC 143999, Allied International Trucking Co., Inc., now being assigned September 20, 1978 (1 day), at Boston, MA, in a hearing room to be later designated.
MC 133689 (Sub-158), Overland Express, Inc., assigned for for hearing September 11, 1978, at New York City, NY, and will be held at room F-2220, Federal Building, 26 Federal Plaza.
MC 103993 (Sub-916), Morgan Drive-Away, Inc., is assigned for hearing September 12, 1978, at New York City, NY, and will be held at room F-2220, Federal Building, 26 Federal Plaza.
MC 113651 (Sub-260), Indiana Refrigerator Lines, Inc., is assigned for hearing September 13, 1978, at room F-2220, Federal Building, 26 Federal Plaza.
MC 144142, Ebony Messenger Service, Inc., is assigned for hearing September 14, 1978, at New York City, NY, and will be held at room F-2220, Federal Building, 26 Federal Plaza.
MC 141804 (Sub-IOOF), Western Express, Division of Interstate Rental, Inc., is assigned for hearing September 20, 1978, at Los Angeles, CA, and will be held at room 13114, Federal Building, 11000 Wilshire Boulevard.
MC 141804 (Sub-97), Western Express, Division of Interstate Rental, Inc., is assigned for hearing September 21,1978, at Los Angeles, CA, and will be held at room 10124, Federal Building, 11000 Wilshire Boulevard.
MC 135611 (Sub-7), Walker & Whitted Transportation Co., Inc., is assigned for hearing September 18, 1978, at Los Angeles, CA, and will be held at room 10124, Federal Building, 11000 Wilshire Boulevard.
MC 138635 (Sub-46), Carolina Western Express, Inc., is assigned for hearing September 13, 1978, at Los Angeles, CA, and will be held at room 13114, Federal Building, 11000 Wilshire Boulevard.
«'MC-F-13235, Paramount Movers, Inc.—Purchase—Econo Movers and MC 31462 (Sub- 24), Paramount Movers, Inc., is assigned for hearing September 8, 1978, at Los Angeles, CA, and will be held at room 7212, Federal Building, 11000 Wilshire-Boulevard.
MC 139495 (Sub-308), National Carriers, Inc., is assigned for hearing September 11, 1978, at room 10124, Federal Building,
11000 Wilshire Boulevard, and will be held at Los Angeles, CA.
MC 142368 (Sub-8), Danny Herman Trucking, Inc., is assigned for hearing September 12, 1978, at Los Angeles, CA and will be held at room 10124, Federal Building, 11000 Wilshire Boulevard.
MC 143949 (Sub-3), John Galt Line, Inc., is assigned for hearing September 7, 1978, at Los Angeles, CA and will be held at room 7212, Federal Building, 11000 Wilshire Boulevard.
MC 144060 (Sub-1), American Equipment Transportation Corp., is assigned for hearing September 6, 1978, at Los Angeles, CA, and will be held at room 7212, Federal Building, 11000 Wilshire Boulevard.
H. G. H omme, Jr., Acting Secretary.
[FR Doc. 78-23065 Filed 8-16-78; 8:45 am]
[1505-01]
[Notice No. 81]
M OTOR CARRIER TEMPORARY AUTHORITY APPLICATIONS
CorrectionIn PR Doc. 78-14925 appearing at
page 23076 in the issue for Tuesday, May 30, 1978, in the first column of page 23079, under No. MC 144347 (Sub-No. 1TA), “Dierks, AK” should have read “Dierks, AR”.
[7035-01]
[Notice No. 142]
M O TO R CARRIER TEMPORARY AUTHORITY APPLICATIONS
August 15,1978.The following are notices of filing of
applications for temporary authority under section 210a(a) of the Interstate Commerce Act provided for under the provisions of 49 CPR 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 R egister publication no later than the 15th calendar day after the date the notice of the filing of the application is published in the F ederal R egister. 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
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36550 NOTICES
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.
M otor Carriers of P roperty
MC 51146 (Sub-602TA), filed June 13, 1978. Applicant: SCHNEIDERTRANSPORT, INC., P.O. Box 2298, 2661 South Broadway, Green Bay, WI 54306. Representative: John Patterson, 2480 East Commercial Boulevard, Ft. Lauderdale, FL 33308. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Air conditioners, refrigerators, freezers, stoves and related commodities as are dealt in or used by household appliance stores, from the facilities of White Consolidated Industries, Inc., at Grand Rapids, Greenville, and Belding, MI, to the facilities of Western Auto Supply Co. at or near Delaware, OH; Salina, KA; Kansas City, MO; Chicago, IL; Temple, TX; Jacksonville, FL; Jack- son, MS; Owings Mills, MD; O’Fallon, MO, and Gastonia, NC, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Western Auto Supply Co., 2107 Grand Avenue, Kansas City, MO 64108 (Raymond F. Schaefer). Send protests to: Gail Daugherty, Transportation Assistant, Interstate Commerce Commission, Bureau of Operations, U.S. Federal Building & Courthouse, 517 East Wisconsin Avenue, Room 619, Milwaukee, WI 53202.
MC 57591 (Sub-20TA), filed June 16, 1978. Applicant: EVANS DELIVERY CO. INC., P.O. Box 268, Pottsville, PA 17901. Representative: Joseph F. Hoary, 121 South Main Street, Taylor, PA 18517. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except household goods, commodities in bulk, commodities requiring special equipment or handling, Classes A & B explosives), from Crawford and Hillside, NJ, to York, PA, for 180 days. Supporting shipper(s): Bristol Myers Products, 225 Long Avenue, Hillside, NJ 07207. Send protests to: Paul J. Kenworthy, District Supervisor, Interstate Commerce
Commission, Bureau of Operations, 314 U.S. Post Office Building, Scranton, PA 18503.
MC 58672 (Sub-2TA), filed June 12, 1978. Applicant: DUGAS EXPRESS CO., 101 Knox Street, Lewiston, ME 04240. Representative: Normand F. Doyon, 101 Knox Street, Lewiston, ME 04240. Authority sought to operate as a common carrier, by motor vehicle, over regular and irregular routes, transporting: (1) Wood stoves, supplies and related materials, between Lewiston, ME, and Old Say- brook, CT; (2) insulation, paper used in the manufacture of insulation and related materials, between Lewiston, ME, and points in NH and MA; (3) Regular routes—general commodities (with no exceptions), between Lewiston, ME, and South Portland, ME, serving the intermediate points of Auburn, Danville Junction, New Gloucester, Upper Gloucester, Gray, West Falmouth, and Portland, ME, from Lewiston over U.S. Hwy 202 to Gray, ME, thence over ME Hwy 26 to Portland, ME, thence over U.S. Hwy 1 to South Portland and return over the same route, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): (1) Diamond Machinery Co.,, Lewiston, ME, (2) Polar Bear Insulation Mfg. Co., Lewiston, ME, (3) L & A United Grocers, Inc., Lewiston, ME; and Polar Paints, Inc., Lewiston, ME, and Quoddy Moccasins, Auburn, ME. Send protests to: Donald G. Weiler, District Supervisor, Interstate Commerce Commission, Bureau of Operations, 76 Pearl Street, Room 305, Portland, ME 04111.
MC 70557 (Sub-5TA), filed June 19, 1978. Applicant: NIELSEN BROS., CARTAGE CO., INC., 4619 West Homer Street, Chicago, IL 60639. Representative: Carl L. Steiner, 39 South LaSalle Street, Chicago, IL 60603. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes,' transporting: Buildings, wall and insulating boards, and materials and supplies used in the installation thereof (except commodities in bulk), from the facilities of Armstrong Cork Co., at Pensacola, FL, to points in AL, LA, MS, TN, and TX, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Armstrong Cork Co., Liberty & Charlotte Streets, Lancaster, PA 17604. Send protests to: Lois Stahl, District Supervisor, Interstate Commerce Commission, 219 S. Dearborn Street, Chicago, IL 60604.
MC 118989 (Sub-197TA), filed June 16, 1978. Applicant: CONTAINERTRANSIT, INC., 5223 South 9th Street, Milwaukee, WI 53221. Representative: Rolland K. Draves (same ad
dress as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic containers, from the facilities of The Continental Group, Inc., in Kentwood and Grand Rapids, MI, to Lenexa, KS, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): The . Continental Group, Inc., 633 Third Avenue, New York, NY 10017. (L. W. Myers) Send protests to: Gail Daugherty, Transportation Assistant, Interstate Commerce Commission, Bureau of Operations, U.S. Federal Building & Courthouse, 517 East Wiscônsin Avenue, Room 619, Milwaukee, WI 53202.
MC 127042 (Sub-219TA), filed June 13, 1978. Applicant: HAGEN, INC., P.O. Box 98-Leeds Station, 3232 Hwy 75 North, Sioux City, IA 51108. Representative: Robert G. Tessar, Director of Traffic, Hagen, Inc., P.O. Box 98- Leeds Station, Sioux City, IA 51108. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Cleaning, washing, polishing, and scouring compounds; waxes, janitor supplies, weed killers, and sodium hypochlorite solutions (except in bulk), in vehicles equipped with mechanical refrigeration, from the facilities of Industrial Chemical Labs, Inc., in Omaha, NE, to Seattle and Spokane, WA, and Eugene, OR, for 180 days. Supporting shipper(s): Industrial Chemical Labs, Inc., David J. Vivian, assistant to the president, 1015 North 14th Street, Omaha, NE 68102. Send protests to: Carroll Russell, District Supervisor, Interstate Commerce Commission, Suite 620, 110 North 14th Street, Omaha, NE 68102.
MC 135874 (Sub-129TA), filed June 13, 1978. Applicant: LTL PERISHABLES, INC., 550 East 5th Street South, South St. Paul, MN 55075. Representative: K. O. Petrick, 550 East 5th Street South, South St. Paul, MN 55075. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Foodstuffs, grill brick, and filter screens (except commodities in bulk), (2) packaging, materials and supplies, and (3) Commodities used in the manufacture of foodstuffs, grill brick, and filter screens (except commodities in bulk), in equipment equipped with mechanical refrigeration, between Albert Lea, MN, on the one hand, and on the other, points in CT, DE, IL, IN, IA, KS, KY, ME, MO, MD, MA, MI, NR, NH, NJ, NY, NC, ND, OH, PA, RI, SD, TN, VT, VA, WV, WI, DC, and Denver, CO, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Miami Margarine
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NOTICES 36551Co., 5226 Vine Street, Cincinnati, OH 45217. Send protests to: Delores A. Poe, Transportation Assistant, Interstate Commerce Commission, Bureau of Operations, 414 Federal Building andJU.S. Court House, 110 South 4th Street, Minneapolis, MN 55401.
MC 140986 (Sub-6TA), filed June 6, 1978. Applicant: GREAT NORTHERN TRUCK LINES, INC., Bank Street, Netcong, NJ 07857. Representative: Robert B. Pepper, 168 Woodbridge Avenue, Highland, Park, NJ 08964. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Insulating products, and on return movements, materials and supplies used in the manufacturing and sales thereof (except in bulk), from Denville, NJ, to points in the United States (except AK and HI), for 180 days. Condition: Authority is limited to service rendered under a contract or continuing contracts, with Lamtec Corp. Supporting shipper(s): Lamtec Corp., 7 Astro Place, Denville, NJ 07834. Send protests to: Joel Morrows, District Supervisor, Interstate Commerce Commission, 9 Clinton Street, Newark, NJ 07102.
MC 141376 (Sub-4TA), filed June 16, 1978. Applicant: CERTARO TRUCKING CO., 486-492 Twelfth Avenue, Paterson, NJ 07514. Representative: Joseph R. Siegelbaum, 17 Academy Street, Newark, NJ 07102. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Chemicals, cleaning, washing, scouring and defoaming compounds, in temperature-controlled vehicles (except commodities in bulk), materials, equipment, and supplies used in the manufacture and sale of the foregoing commodities, in temperature-controlled vehicles (except commodities in bulk), between Harrison and Kearny, NJ, on the one hand, and on the other, points in the United States east of, and including the States of MN, IA, MO, OK, and TX, under a continuing* contract, or contracts, with Drew Chemical Corp., for 180 days. Supporting shipper(s): Drew Chemical Corp., One Drew Chemical Plaza, Boonton, NJ 07005. Send protests to: Joel Morrows, District Supervisor, Interstate Commerce Commission, Bureau of Operations, 9 Clinton Street, Room 618, Newark, NJ 07102.
MC 141739 (Sub-6TA), filed June 19, 1978. Applicant: SPECIALIZEDTRUCKING SERVICE, INC., 2301 Milwaukee Way, Tacoma, WA 98421. Representative: Ronald R. Brader, 2301 Milwaukee Way, Tacoma, WA 98421. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Cellulose fibre products, insulating materials and chemicals and supplies
used in the manufacturing of insulation, between Logan, UT, on the one hand, and, points in the States of AZ, CA, OR, WA, ID, NV, CO, and MT, on the other, under a continuing contract, or contracts, with Bruce Allsop Insulation Co. and MTN Fiber Co., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Bruce Allsop Insulation Co. and MTN Fiber Co., 318 East 7th South, Logan, UT 84321. Send protests to: Hugh H. Chaffee, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 858 Federal Building, Seattle, WA 98174.
MC 142359 (Sub-3TA), filed June 2, 1978. Applicant: PORT EAST TRANSFER, INC., 1800 South Newkirk Street, Baltimore, MD 21214. Representative: Mel P. Booker, Jr., 118 North St. Asaph Street, Alexandria, VA 22314. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities, (except classes A and B explosives, commodities in bulk, household goods as defined by the Commission, and commodities which because of size or weight require special equipment in containers or trailers), between Baltimore, MD, and points in its commercial zone, on the one hand, and, on the other, Laurel, MD, Washington, DC, Wilmington, DE, Philadelphia, PA, Trenton and Newark, NJ, New York, NY, and points in their commercial zones, and points in Fairfax and Prince William Counties, VA, Prince Georges, Baltimore, Howard and Montgomery Counties, MD, and Chester, Montgomery and Bucks, PA, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): There are approximately (5) statements of support attached to the application which may be examined at the Interstate Commerce Commission in Washington, DC, or copies thereof which may be examined at the field office named below. Send protests to: William L. Hughes, District Supervisor, Interstate Commerce Commission, 814-B Federal Building, Charles Center, 31 Hopkins Plaza, Baltimore, MD 21201.
MC 142559 (Sub-29TA), filed June 13, 1978. Applicant: BROOKSTRANSPORTATION, INC., 3830 Kelley Avenue, Cleveland, OH 44114. Representative: John P. McMahon, 100 East Broad Street, Columbus, OH 43215. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paper, paper products and woodpulp, (1) from Mobile, AL, to points in CT, DE, DC, IL, IN, ME, MD, MA, MI, NH, NJ, NY, OH, PA, RI, VT, VA, WV, and
WI; and (2) from Westbrook, ME, to points in AL, DC, GA, IL, IN, KY, MI, NC, OH, SC, TN, and WI; (3) from Chester, PA, to points in AL, FL, GA, IL, IN, KY, MI, NC, OH, SC, TN, and WI; (4) from Fort Edward and Albany, NY, to points in AL, DC, FL, GA, IN, KY, MD, MI, NC, OH, PA, SC, TN, VA, and WI; (5) from Marinette and Oconto Falls, WI, to points in IL, IN, KS, MI, MO, OH, and PA; and (6) from Columbus, OH, to points in IL, IN, KS, KY and MO, for 180 days. Supporting shipper(s): Scott Paper Company, Scott Plaza I, Philadelphia, PA 19113. Send protests to: James Johnson, District Supervisor, Interstate Commerce Commission, 731 Federal Building, 1240 East Ninth Street, Cleveland, OH 44199.
MC 142911 (Sub-3TA), filed June 12, 1978. Applicant: FRAWLEY BUREAU OF INVESTIGATION CORP., 182 Beach 114th Street, Rockaway Park, NY 11694. Representative: John M. Frawley (same address as applicant). Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Oil samples, exploration samples, core samples, jet fuel samples, gas samples, water samples, light oil samples, supporting documents, test results, computer printouts, payroll information and supporting documents, cash, checks, delivery receipts and invoices, (1) from Port Jefferson, NY, tp Sewaren, NJ, 'and West Orange, NJ, and return, (2) from Syracuse, NY, Renssalaer, NY, Bridgeport, CT, Fall River, MA; Waltham, MA, South Portland, ME, and Linden Bank, NJ, to West Orange, NJ, and return. (3) from West Orange, NJ, to Valley Forge, PA, and Columbia, MD, and return, and from West Orange, NJ, to Baltimore, MD, Chesapeake, VA; Roanoke, VA; Richmond, VA; Newington, VA, and return, and from Vienna, VA, and Baltimore, MD, to West Orange, NJ, and(4) from North Merrick, NY, to Sewaren, NJ, and return, under a continuing cpntract, pr contracts, with Shell Oil Co., for 180 days. Supporting shipper(s): Shell Oil Co., 100 Executive Drive, West Orange, NJ 07752. Send protests to: Maria B. Kejss, Transportation Assistant, Interstate Commerce Commission, 26 Federal Plaza, New York, NY 10007.
MC 143701 (Sub-2TA), filed June 12, 1978. Applicant: WILLIAMOBERSTE, INC., 628 Walnut, P.O. Box 394, Blue Springs, MO 64015. Representative: Lester C. Arvin, 814 Centry Plaza Building, Wichita, KS 67202. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Paper bags, from the facilities of Westvaco Corp., Bag Division, New Orleans, LA, to points in AR, AZ, CA,
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CO, NM, OK, TX, TN, MO, KY, IL, IN, MI, NE, IA, KS, GA, WI and OH; and (2) materials used in producing paper bags, from AR, AZ, CA, CO, NM, OK, TX, TN, MO, KY, IL, IN, MI, NE, IA, KS, GA, WI, OH, to the facilities of Westvaco Corp., Bag Division, New Orleans, LA, restricted to the points of origin and the destined States, for 180 days. Supporting shippers): Westvaco, 1400 Annunciation Street, New Orleans, LA 70160. Send protests to: Vernon V. Coble, District Supervisor, Room 600, 911Walnut Street, Kansas City, MO 64106.
I» MC 143846 (Sub-2TA), filed June 6,I 1978. Applicant: P. POSA, INC., 315
Feather Lane, Franklin Lakes, NJ 07417. Representative: Piken & Piken, One Lefrak City Plaza, Flushing, NY 11368. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Drugs, medicines, cosmetics, toilet articles, advertising and promotional materials, equipment, materials, and supplies used in the manufacture and sale of such commodities, between points in the New York, NY, commercial zone and Glen Gardner, NJ, on the one hand, and, on the other, points in AL, AR, AZ, CA, CO, FL, GA, IL, LA, NC, SC, TN, and TX, restricted to traffic moving under a continuing contract, or contracts, with Lanvin- Charles of the Ritz, Inc., Holmdel, NJ, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Lanvin-Charles of the Ritz, Inc., Route 35, Holmdel, NJ 07733. Send protests to: Joel Morrows, District Supervisor, Interstate Commerce Commission, Bureau of Operations, 9 Clinton Street, Room 618, Newark, NJ 07102.
MC 144046 (Sub-2TA), filed June 19, 1978. Applicant: STEWART’SSTONEY ACRES, INC., Rural Route 1, Box 112, Johnson Creek, WI 53038. Representative: Ronald Laitsch, P.O. Box 70, Watertown, WI 53094. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Feed, and (2) feed ingredients, additives, supplements and medicine, in bags, in dry freight vans, from Howard Lake, MN, to points in IL on and north of IL Hwy 17, beginning at the IL-IN border to its junction with Interstate Hwy 74, and Interstate Hwy 74 to the IL-IA border, under a continuing contract, or contracts, with American Feeds & Livestock Co., Inc., for 180 days. Supporting shipper(s): American Feeds & Livestock Co., Inc., P.O. Box 137, Car- pentersville, IL 60110. (Paul W. Brandt) 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, WI 53202.
MC 144841TA, filed June 1, 1978. Applicant: GOLDEN EAGLE TRANSPORT COMPANY, INC., 505 West Allen Avenue, San Dimas, CA 91773. Representative: Kellner & Stefflre, Greg P. Stefflre, 700 South Flower Street, Suite 1724, Los Angeles, CA 90017. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Boat and utility trailers and the materials, equipment and supplies used in the manufacture and sale thereof, (a) between the facilities of Roadrunner Trailers, Inc., and Roadrunner Trailers of Texas, Inc., located at or near San Dimas, CA, on the one hand, and, Dallas, TX, on the other; and (b) from the facilities of Roadrunner Trailers, Inc., and Roadrunner Trailers of Texas, Inc., at or near San Dimas, CA, and Dallas, TX, to points in the United States excluding HI and AK, restricted to traffic originating or terminating at the facilities of Roadrunner Trailers, Inc., or Roadrunner Trailers of Texas, Inc., under a continuing contract or contracts, with Roadrunner Trailers, Inc., and/or Roadrunner Trailers of Texas, Inc., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Roadrunner Trailers, 505 West Allen Avenue, San Dimas, CA 91773. Send protests to: Irene Carlos, Transportation Assistant, Interstate Commerce Commission, Room 1321 Federal Building, 300 North Los Angeles Street, Los Angeles, CA 90012.
MC 144874 (Sub-ITA), filed June 19, 1978. Applicant: HARRY J. BERRY, d.b.a. BERRY TRUCKING, P.O. Box 658, Penns Grove, NJ 08069. Representative: Herbert Alan Dubin, 1320 Fenwick Lane, Silver Spring, MD 20910. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Fiberglass and plastic articles, (except in bulk, in tank vehicles), from the facilities of the Fiberglass Equipment Division of Dart Environmental Services Co. at Penns Grove, NJ, to points in CT, DE, ME, MD, MA, NH, NY, PA, RI, VA, VT, WV, and DC, for 180 days. Applicant has also filed ah underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s):^ Dart Industries, Inc., Chemicals-Plas- tics Group, 8480 Beverly Boulevard, Los Angeles, CA. 90048. Send protests to: John P. Lynn, Transportation Specialist, Interstate Commerce Commission, 428 East State Street, Room 204, Trenton, NJ 08608.
MC 144901TA, filed June 16, 1978. Applicant: INTERMODAL SYSTEMS,
INC., P.O. Box 4952, Kansas City, MO 64120. Representative: Arthur J. Cerra, P.O. Box 19251, Kansas City, MO 64141. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs and agricultural commodities as defined by section 203(b)(6) of the Interstate Commerce Act (except commodities in bulk), when moving in temperature controlled equipment between points in CA, OR, and AZ, on the one hand, and, on the other, points in IL, IN, IA, KS, MI, MN, MO, and WI., restricted to shipments which involve substitution of trailer on flat car service for over the road motor carrier service for a portion of the through movement, for 180 days. Common control may be involved. Supporting shipper(s): There are approximately (20) statements of support attached to the application which may be examined at the Inter-state Commerce Commission in Washington, D.C., or copies therof which may be examined at the field office named below. Send protests to: John V. Barry, District Supervisor, Interstate Commerce Commission, 500 Federal Building, 911 Walnut Street, Kansas City, MO 64106.
MC 144902TA, filed June 13, 1978. Applicant: ACE BEVERAGE CO., 906 Aronson Avenue, P.O. Box 1933, Billings, MT 59103. Representative: Charles A. Murray, Jr., 207A Behner Building, 2822 Third Avenue North, Billings, MT 59101. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Malt beverages, from Milwaukee, WI, St. Paul MN; Los Angeles, CA; and Portland, OR, and points in their commercial zones, to Billings, MT; and (2) malt beverages, from St. Louis, MO; LaCrosse, WI; Milwaukee, WI, and St. Paul and Minneapolis, MN; to Miles City, MT; and(3) fruit juices, from St. Paul, MN, to Billings and Miles City, MT, under a continuing contract, or contracts, with M&C Beverage, Inc., Fred Briggs Distributing Co., and Dunham Distributing, Inc., for 180 days. Supporting shipper(s): (1) Marvin Mollgaard, president, M&C Beverage, Inc., P.O. Box 1181, 419 North Ninth Street, Miles City, MT 59301. (2) Pete Decker, secretary-treasurer, Fred Briggs Distributing Co., 3925 First Avenue South, Billings, MT 59101. (3) Lyle Dunham, Dunham Distributing, Inc., 421 North 13th Street, Billings, MT 59101. Send protests to: Paul J. Labane, District Supervisor, Interstate Commerce Commission, 2602 First Avenue North, Billings, MT 59101.
MC 144913TA, filed June 16, 1978. Applicant: GERALD COMPTON,d.b.a. COMPTON TRUCKING CO., 5300 Kennedy Road, Forest Park, GA
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NOTICES 3655330050. Representative: Virgil H. Snfith, Suite 12, 1587 Phoenix Boulevard, Atlanta, GA. Authority sought to operate as a contract carrier, by motor vehicle, over irrregular routes, transporting: Such merchandise as is marketed by Atlantic Zayre, Inc., at its retail outlets, between the facilities of Atlantic Zayre, Inc., at Forest Park, GA, on the one hand, and the retail stores of Atlantic Zayre, Inc., at Birmingham, AL, on the other hand, under a continuing contract, or contracts, with Atlantic Zayre, Inc., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting Shipper(s): Atlantic Zayre, Inc., 5300 Kennedy Road, Forest Park, GA 30050. Send protests to: Sara K. Davis, Transportation Assistant, Interstate Commerce Commission, 1252 West Peachtree Street NW., Atlanta, GA 30309.
MC 144945TA, filed June 16, 1978. Applicant: ALLEN LEE, d.b.a. A&L TRANSPORT, 11722 South Halsted Street, Chicago, IL 60628. Representative: James R. Madler, 120 West Madison Street, Chicago, IL 60602. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Marble and stone products, between Chicago, IL, and Lacrosse, WI, for 180 days. Supporting shipper(s): Bernard Van Etten, Inc., president, Murphy Marble Co., Dalloy & Van Etten, Inc., 11756 South Halsted Street, Chicago, IL 60628. Send protests to: Lois M. Stahl, Transportation Assistant, Interstate Commerce Commission, 219 South Dearborn Street, Room 1386, Chicago, IL 60604.
MC 144988TA, filed June 2, 1978. Applicant: WILLIE L. BECK, d.b.a. BECK HAULING SERVICE, 5160 Thistle Road SE., Smyrna, GA 30080. Representative: Willie L. Beck, 5160 Thistle Road SE, Smyrna, GA 30080. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Cotton clothing (such as bib overalls, jackets, etc.); cotton piece goods, finished and/ or unfinished, clothing, hanging on hangers and accessories, in straight trucks only, between the facilities of Norstan Industries, Inc., at Atlanta, GA, and points in AL, FL, NC, SC and TN, under a continuing contract, or contracts, with Nortstan Industries, Inc., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shippers(s): Norstan Industries, Inc., 4400 Southland Circle NW., Atlanta, GA 30318. Send protests to: Sara K. Davis, Transportation Assistant, Interstate Commerce Commission, 1252 West Peachtree Street NW., Room 300, Atlanta, GA 30309.
MC 144833TA, filed June 13, 1978. Applicant: SOUTH RIVER BUS CO.,
148 Whitehead Avenue, South River, NJ 08882. Representative: Robert B. Pepper, 169 Woodbridge Avenue, Highland Park, NJ 08904. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, v transporting: Passengers, and their baggage, between Capitol Hotel, Lakewood, NJ, on the one hand, and, on the other, New York, NY, and Philadelphia, PA, under a continuing contract, or contracts, with Capitol Hotel, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Capitol Hotel, P.O. Box 420, Madison Avenue at 7th Street, Lakewood, NJ 08701. Send protests to: Robert E. Johnston, District Supervisor, Interstate Commerce Commission, Nine Clinton Street, Newark, NJ 07102.
MC 144917TA, filed June 16, 1978. Applicant: BAPTIST TRANSPORTATION CORP., 140-24 181st Street, Jamaica, NY 11413. Representative: Sidney J. Leshin, 575 Madison Avenue, New York, NY 10022. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Passengers and their baggage, beginning and ending in New York, NY, and extending to all points in the United States (except AK and HI), under a continuing contract, or contracts, with Eastern Baptist Association, for 180 days. Supporting shippers): Eastern Baptist Association, 275 Kingston Avenue, Brooklyn, NY 11213. Send protests to: Maria B. Kejss, Transportation Assistant, Interstate Commerce Commission, 26 Federal Plaza, New York, NY 10007.
By the Commission.H. G. Homme, Jr.,
Acting Secretary. [FR Doc. 78-23066 Filed 8-16-78; 8:45 am]
[7035-01]
[Notice No. 143]M O TO R CARRIER TEMPORARY AUTHORITY
APPLICATIONS
August 16, 1$78.The following are notices of filing of
applications for temporary authority under section 210a(a) of the Interstate Commerce Act provided for under the 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 R egister publication no later than the 15th calendar day after the date the notice of the filing of the application is published in th e F ederal R egister. 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 if 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.
M otor Carriers of P roperty
MC 69397 (Sub-46TA), filed June 23, 1978. Applicant: JAMES H. HARTMAN & SON, INC., P.O. Box 85, U.S. Route 13, Pocomoke City, MD 21851. Representative: Wilmer B. Hill, Suite 805, 666 Eleventh Street NW., Washington, DC 20001. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plywood and composition board, from the facilities of Champion International Corp. at or near Charleston and Orangeburg, SC, to Paramus, Teterboro and Vineland, NJ, Albany, Arcade, Buffalo, Farmingdale, Melville, Olden, Rochester and Syracuse, NY; Allentown, Camp Hill, Harrisburg, Lettsdale, Johnstown, and Youngwood, PA, and Richmond and Roanoke, VA, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Champion International Corp., Kriightsbridge Drive, Hamilton, OH 45020. Send protests to: W. C. Hersman, District Supervisor, Interstate Commerce Commission, 12th and Constitution Avenue NW., Room 1413, Washington, DC 20423.
MC 110525 (Sub-1244TA), filed June 16, 1978. Applicant: CHEMICALLEAMAN TANK LINES, INC., P.O. Box 200, 520 E. Lancaster^ Avenue, Downingtown, PA 19335. Representative: Thomas J. O’Brien, (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Sul-fon-ate OA5-S (washing compound, in liquid NOIBN), in bulk, in tank vehicles, from Copperhill, TN, to Woodward, OK, for 180 days. Applicant has also filed an underlying ETA
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seeking up to 90 days of operating authority. Supporting shipper(s): Cities Service Co., P.O. Box 50360, Atlanta, GA 30302. Send protests to: T. M. Esposito Transportation Assistant, 600 Arch Street, Room 3238, Philadelphia, PA 19106.
MC 115654 (Sub-97TA), filed June 26, 1978. Applicant: TENNESSEECARTAGE CO., INC., P.O. Box 23193, Nashville, TN 37202. Representative: Henry E. Seaton, 915 Pennsylvania Building, 13 th & Pennsylvania Avenue NW., Washington, DC 20004. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs(except commodities in bulk), from the facilities utilized by Stokeley-Van Camp at Indianapolis, IN, to points in AL, KY, and TN, for 180 days. Supporting shipperCs): Stokely-Van Camp, Inc., 9451 North Meridian Street, Indianapolis, IN. Send protests to: Joe J. Tate, District Supervisor, Bureau of Operations, Interstate Commerce Commission, Suite A-422, U.S. Court House, 801 Broadway, Nashville, TN 37203.
MC 115841 (Sub-640TA), filed June 26, 1978. Applicant: COLONIAL REFRIGERATED TRANSPORTATION, INC., 9041 Executive Park Drive, Suite 110, Building 100, Knoxville, TN 37919. Representative: D. R. Beeler, 9041 Executive Park Drive, Suite 110, Building 100, Knoxville, TN 37919. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Bananas, from Tampa, FL, and Charleston, SC, to points in GA, TN, KY, IL, IN, OH, MI, WI, MO, KS, NE, LA, and MN, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): (1) Turbana Banana Co., P.O. Box 34009, Coral Gables, FL 33134. (2) Chiquita Brands, Inc., 95 Chestnur Ridge Road, Montvale, NJ 07645. (3) Del Monte Bananas, P.O. Box 011940, Miami, FL 33101. Send protests to: Glenda Kuss, Transportation Assistant, Bureäu of Operations, Interstate Commerce Commission, Suite A-422, U.S. Courthouse, 801 Broadway, Nashville, TN 37221.
MC 119654 (Sub-49TA), filed June 21, 1978. Applicant: HI-WAY DISPATCH, INC., 1401 West 26th Street, Marion, IN 46952. Representative: Norman R. Garvin, 1301 Merchants Plaza, Indianapolis, IN 46204. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Apple juice, vinegar, and water, in containers, from Coloma and Hartford, MI, _to IL, IN, OH, and WI, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): M. Steffen
Co., Inc., P.O. Box 368, Coloma, MI. 49038. Send protests to: J. H. Gray, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 343 West Wayne Street, Suite 113, Fort Wayne, IN 46802.
MC 124579 (Sub-24TA), filed June 16, 1978. Applicant: WIKEL BULK EXPRESS, INC., Route 2, Huron, OH 44839. Representative: James Duvall, P.O. Box 97, 220 West Bridge Street, Dublin, OH 43017. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Soybean oil (in bulk, in tank vehicles), from the facilities of Cargill, Inc., at or near Sidney, OH, to the States of GA, IL, IN, KY, MD, MA NC, NY, NJ, OH, PA, TN, and VA, for 180 days. Supporting shipper(s): Cargill, Inc., 2400 Industrial Drive, Sidney, OH 45365. Send protests to: Keith D. Warner, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 313 Federal Office Building, 234 Summit Street, Toledo, OH 43604.
MC 12879 (Sub-32TA), filed June 12, 1978. Applicant: ARROWFREIGHTWAYS, INC., 150 Woodward Road SE., P.O. Box 25125, Albuquerque, NM 87125. Representative: Olif Q. Boyd (same address as applicant). Authority sought to operate as common carrier, by motor vehicle, over irregular routes, transporting: (1) Swimming pools, and (2) materials, supplies, and equipment used or useful in the manufacture, sale, or distribution of commodity named in (1) above, to or from the facilities of Pools Enterprises, d.b.a. Malibu Pools of New Mexico, Inc., located at Albuquerque, NM, and all points in the States of AZ, CA, CO, KS, NE, NM, OK, TX, UT, and WY, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Pool Enterprises, Inc., d.b.a. Malibu Pools of New Mexico, Inc., 6900 Washington NE., Albuquerque, NM 87109. Send protests to: District Supervisor, Interstate Commerce Commission, 1106 Federal Office Building, 517 Gold Avenue SW., Albuquerque, NM 87101.
MC 128527 (Sub-115TA), filed June 16, 1978. Applicant: MAY TRUCKING CO., P.O. Box, 398, Payette, ID 83661. Representative: Timothy R. Stivers, P.O. Box 162, Boise, ID 83701. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Materials and supplies used in the manufacture of axle assemblies, (1) from Dayton and Tiffin, OH, Elkhart, Logansport, and Reynolds, IN, Chicago, IL, Mequon, WI, Jackson and Detroit, MI, Chattanooga, TN, and Montezuma, GA, to Seminole, OK, and (2) from Seminole, OK, to Chino, CA, Dayton, OH, and
Chattanooga, TN, for 180 days. Applicant does not intend to tack or interline authority. Supporting shipper(s): Kelsey Hayes, Axle & Brake Division, P.O. Box 1587, Seminole, OK 74868. Send protests to: Barney L. Hardin, District Supervisor, Interstate Commerce Commission, Suite 110, 1471 Shoreline Drive, Boise, ID 83706.
MC 134084 (Sub-5TA), filed June 16, 1978. Applicant: SHROCK TRUCKING, INC., P.O. Box 428, Hubbard, OR 97032. Representative: LawrenceV. Smart, Jr., 419 Northwest 23rd Avenue, Portland, OR 97210. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Lumber, from Longview and Everett, WA, and their commercial zones, to points in Marion, Clackamas, Yamhill, and Washington Counties, OR, and Springfield, OR, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): There are approximately five (5) statements of support attached to the application which may be examined at the Interstate Commerce Commission in Washington, DC, or copies thereof which may be examined at the field office named below. Send protests to: A. E. Odoms, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 114 Pioneer Courthouse, 555 Southwest Yamhill Street, Portland, OR 97204.
MC 135874 (Sub-131TA), filed June 16, 1978s Applicant: LTL PERISHABLES, INC., 550 East 5th Street South, South St. Paul, MN 55075. Representative: K. O. Petrick, 550 East 5th Street South, South St. Paul, MN 55075. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Alcoholic beverages and materials and supplies used in the manufacture and sale of alcoholic beverages (except commodities in bulk), between Peoria, IL, on the one hand, and on the other, points in DE, MD, NJ, NY, PA, and DC, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Hirmm Walker <& Sons, Inc., foot of Edmund Street, Peoria, IL 61601. Send protests to: De- lores A. Poe, Transportation Assistant, Interstate Commerce Commission, Bureau of Operations, 414 Federal Building and U.S. Court House, 110 South 4th Street, Minneapolis, MN 55401.
MC 138869 (Sub-16TA), filed June 16, 1978. Applicant: W. T. MYLES TRANSPORTATION CO., P.O. Box 321, 4481 Moreland Avenue, Conley, GA 30027. Representative: Archie B. Culbreth, Suite 202, 2200 Century Parkway, Atlanta, GA 30345. Authori-
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NOTICES 36555ty sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Dry animal and poultry feeds, mineral mixtures, tonics, medicines, insecticides, pesticides, feeders, and equipment, and advertising matter, and premiums related to such commodities (except the transportation' of liquid commodities in bulk, from the facilities of Moorman Manufacturing Co., at or near Quincy, IL, to points in NC, under a continuing contract, or contracts, with Moorman Manufacturing Co., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Moorman Manufacturing Co., 1000 North 30th, Quincy, IL 62301. Send protests to: Sara K. Davis, Transportation Assistant, Interstate Commerce Commission, 1252 West Peachtree Street NW., Atlanta, GA 30309.
MC 139193 (Sub-86TA), filed June 19, 1978. Applicant: ROBERTS & OAKE, INC., P.O. Box 1356, Sioux Falls, SD 57101. Representative: Robert P. Sack, P.O. Box 6010, West St. Paul, MN 55118. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs, frozen or other than frozen, and- canned goods (except commodities in bulk), from the pjantsite and facilities of Skyland Food Corp., at or near Delta, CO., to all points in the States of AZ, CA, IL, IA, KS, NE, OK, NM, MO, TX, UT, via irregular routes, under a continuing contract, or contracts, with Skyland Food Corp., for 180 days. Supporting shipper(s): Skyland Food Corp., 9th and Dodge Street, Delta, CO. 81416 (Jack L. Ray, Sales Manager). Send protests to: J. L. Hammond, District Supervisor, Interstate Commerce Commission, Bureau of Operations, Room 455, Federal Building, Pierre, SD 57501.
MC 139906 (Sub-12TA), filed Jane 27, 1978. Applicant: INTERSTATE CONTRACT CARRIER CORP., P.O. Box 30303, 2156 West 2200 South, Salt Lake City, UT 84125. Representative: Richard A. Peterson, P.O. Box 81849, Lincoln, NE 68501. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Children’s scooters, gymnasium apparatus, and games„ and toys, from the facilities of Turco Manufacturing Co. in DuQuoin, IL, to points in the United States (except AK and HI), for 180 days. Applicant intends to tack the authority here applied for to other authority held by it in MC 139906. Supporting shipper(s): Turco Manufacturing Co., 501 South Line Street, DuQuoin, IL 62832 (Welma Severs, Traffic Manager). Send protests to: Lyle D. Heifer, Dis
trict Supervisor, Interstate Commerce Commission, 5301 Federal Building, 125 South State Street, Salt Lake City, UT 84138.
MC 143267 (Sub-23TA), filed June 13, 1978. Applicant: CARLTON ENTERPRISES, INC., 4588 State Route 82, Mantua, OH 44255. Representative: Peter A. Greene, 900 17th Avenue NW., Washington, DC 20006. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Reinforced concrete structures, (1) from the facilities of Spancrete Northeast, Inc., at Aurora, OH, to points in WV (except Wayne, Cabell, Mason, Kanawha, Jackson, Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, and Hancock Counties), and (2) from the facilities of Spancrete Northeast, Inc., at Rochester, NY, to points in WV and to points in PA on and west of U.S. Hwy 219, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Spancrete Northeast, Inc., 239 Treat Road, Aurora, OH 44202. Send protests to: James Johnson, District Supervisor, Interstate Commerce Commission, 731 Federal Building, 1240 East Ninth Street, Cleveland, OH 44199.
MC 143267 (Sub 25TA), filed June 26, 1978. Applicant: CARLTON ENTERPRISES, INC., 4588 State Route 82, Mantua, OH 44255. Representative: Peter A. Greene, Caldwell & Greene, 900 17th Street NW., Washington, DC 20006. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic pipe and plastic pipe fittings, from the facilities of R & G Sloane Manufacturing Co. at Valley View, OH, to points in CT, DE, IL, IN, IO, KY, MD. MA, MI, MN, MO, NJ, NY, NC, PA, RI, SC, TN, VA, WV, WI, and DC, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): R & G Sloane Manufacturing Co., 7606 North Cly- boume Avenue, Sun Valley, CA 91352. Send protests to: District Supervisor, Interstate Commerce Commission, 731 Federal Building, 1240 East Ninth Street, Cleveland, OH 44199.
MC 143836 (Sub-ITA), filed June 27, 1978. Applicant: BKK CORP., d.b.a. CHENCELLOR & OGDEN, P.O. Box 938, Long Beach, CA 90810. Representative: Charles Schneider, P.O. Box 9338, Long Beach, CA 90810. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Hazardous waste materials, from Kitsap County, WA; Palm Beach County, FL; Duval County, FL; Charleston County, SC; Norfolk, VA; York County, VA; Charles County, MD; Monmouth County, NJ;
New London County, CT; Newport County, RI; Sagadahoc County, ME; Clark County, NV; Maricopa County, AZ; and Pima County, AZ; to West Covina, CA; for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): (1) The U.S. Naval Underwater System Center, 12 Po- cono Road, Middletown, RI 02840; (2) BKK Corp., 3031 East I Street, Wilmington, CA 90744; (3) Stauffer Chemical Co., P.O. Box 1029, Henderson, NV 89015. Send protests to: Irene Carlos, Transportation Assistant, Interstate" Commerce Commission, Room 1321, Federal Building, 300 North Los Angeles Street, Los Angeles, CA 90012.
MC 143995 (Sub-4TA), filed June 16, 1978. Applicant: SLOAN TRANSPORTATION, INC., 6522 West River Drive, Davenport, IA 52802. Representative: James M. Hodge, 1980 Financial Center, Des Moines, IA 50309. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Malt beverages, from the facilities of Olympia Brewing Co., at St. Paul, MN, to Galesburg, IL, under a continuing contract, or contracts, with G & M Distributors, Inc., of Galesburg, IL, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): G & M Distributors, Inc., 200 North Linwood Road, Galesburg, IL 61401. Send protests to: Herbert W. Allen, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 518 Federal Building, Des Moines, IA 50309.
MC 144688 (Sub-2TA), filed June 16, 1978. Applicant: READY TRUCKING, INC., 4722 Lake Mirror Place, Forest Park, GA 30050. Representative: Lavem R. Holderman, of Peterson, Bowman, Larsen & Swanson, 521 South 14th Street, P.O. Box 81849, Lincoln, NE 68501. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Charcoal, wood chips, lighter fluid, and sawdust and wax-impregnated fireplace logs (except in bulk), (1) from the facilities of Hickory Charcoal, at or near Crossville, TN, to points in the States of AL, FL, GA, NC, and SC; and (2) from the facilities of the Kingsford Co., at or near Dothan, AL and Burnside, KY, to points in the State of FL for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): The Kingsford Co., 940 Commonwealth Building, P.O. Box 1033, Louisville, KY 40201. Send protests to: SaraK. Davis, Transportation Assistant, Interstate Commerce Commission, 1252 West Peachtree Street NW., Atlanta, GA 30309.
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36556 NOTICES
MC 144878TA, filed June 12, 1978. Applicant: LESTER L. ELLIOTT, JR., d.b.a. Elliott Truck Service, P.O. Box 92, 412 Southwest Mills, Greenfield, IA 50849. Representative: Thomas E. Leahy, Jr., 1980 Financial Center, Des Moines, IA 50209. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Glass, (1) from Greenfield, IA, to points in IL, OH, KS, MN, MO, MI, OK, NE, SD, TX, and WI; and (2) from Bayport and Minneapolis, MN, to points in IA, IL, KS, MO, MI, OH, OK, NE, SD, TX, and WI; (3) equipment, materials, and supplies used in the manufacture of glass (except commodities in bulk), from Jeanette, PA; Greenland, TN; Nashville, TN; Dearborn, MI; Tulsa, OK; Rossford, OH; Laurinburg, NC; Carlisle, PA; Mount Zion, IL; Crystal City, MO; and Wichita Falls, TX; to Greenfield, IA, and Bayport and Minneapolis, MN, under a continuing contract, or contracts, with Cardinal Insulated Glass Co., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(S): Cardinal Insulated Glass Co., Highway 25 North, Greenfield, IA 50849. Send protests to: Herbert W. Allen, District Supervisor, Bureau of Operations, Interstate Commerce Commission, 518 Federal Building, Des Moines, IA 50309.
MC 144892 (Sub-ITA), filed June 16, 1978. Applicant: O. L. DROEGE, d.b.a. 3-D TRUCKING, 8252 U.S. 27, Alexandria, KY 41001. Representative: Michael Spurlock, 275 East State Street, Columbus, OH 43215. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Coal (in bulk, in dump vehicles), from the facilities of B.B.S. Coal, Inc., at or near Clay City (Powell County), KY, to points in OH, under a continuing contract or contracts, with B.B.S. Coal, Inc., Cincinnati, OH, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Thomas P. Boeckley, Vice President, B.B.S. Coal, Inc., P.O. Box 11325, Cincinnati, OH. Send protests to: Linda H. Sypher, District Supervisor, Interstate Commerce Commission, 426 Post Office Building, Louisville, KY 40202.
MC 144905 (Sub-ITA), filed June 16, 1978. Applicant: DARRELL SHIP- MAN, d.b.a., IMPERIAL SALES CO., Route 1, Box 10-A, Merkel, TX 79536. Representative: Harry F. Horak, 5001 Brentwood Stair Road, Room 109, Fort Worth, TX 76112. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Cement, in bags, from the Dallas-Fort Worth, TX, commercial zone, as defined by the Com
mission, to points in CA and NV, for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): Trans-Continental Trade Co., 1908 E. Randol Mill Road, No. 212, Arlington, TX 76011. Send protests to: Robert J. Kirspel District Supervisor, Room 9A27 Federal Building, 819 Taylor Street, Fort Worth, TX 76102.
MC 144912 TA, filed June 19, 1978. Applicant: LEON R. GOLDSMITH, d.b.a. TERMINAL MOTOR EXPRESS, 1711 East 15th Street, Los Angeles, CA 90021. Representative: William J. Monheim, P.O. Box 1756, Whittier, CA 90609. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs, the transportation of which is subject to regulation by the Interstate Commerce Commission, in vehicles equipped with mechanical refrigeration, moving in mixed loads at the same time in the same vehicle with commodities, the transportation of which would be exempt from economic regulation under the provisions of section 203(b) of the Interstate Commerce Act if they were to move exclusively in the vehicle, from Parsippany, NJ, to points in the New York, NY, commercial zone and points in VA, NC, and GA, to points in CA and UT, for 180 days. Supporting shipper(s): There are approximately (9) statements of support attached to the application Which may be examined at the Interstate Commerce Commission in Washington, DC, or copies thereof which may be examined at the field office named below. Send protests to: Irene Carlos, Transportation Assistant, Interstate Commerce Commission, Room 1321 Federal Building, 300 North Los Angeles Street, Los Angeles, CA 90012.
MC 144983 TA, filed June 21, 1978. Applicant: JOSEPH JOHN O’BRIEN, JR., 3433 Progress Drive, Cornwells Heights, PA 19020. Representative: Robert J. Coyne, 8720 Georgia Avenue, No. 605, Silver Spring, MD 20910. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Trucks, truck chassis, tractors in secondary movements in driveaway service, from ports of entry located at Philadelphia, PA, Wilmington, DE, and Newark, NJ, to Cornwells Heights, PA; and truck, truck chassis, tractors in secondary movements in driveaway service, from Cornwells Heights, PA, to points in AL, AZ, CT, FL, GA, IA, KS, KY, LA, ME, MD, MA, MI, MN, M£f, MO, NE, NH, NJ, NY, NC, ND, OH, OK, PA, SC, TN, TX, and WV. Restriction: Operations describedabove are limited to operations, under a continuing contract, or contracts,
with IVECO Trucks of North America, Inc., for 180 days. Applicant has also filed an underlying ETA seeking up to 90 days of operating authority. Supporting shipper(s): IVECO Trucks of North America, Inc., 1730 Walton Road, Blue Bell, PA 19422. Send protests to: T. M. Esposito, Transportation Assistant, 600 Arch Street, Room 3238, Philadelphia, PA 19106.
P assenger C arriers
MC 143427 (Sub-ITA), filed June 16, 1978. Applicant: WINSTON LIMOUSINE SERVICE, INC., 41 Pembrook Drive, P.O. Box 43, Stony Brook, NY 11790. Representative: Sidney J. Leshin, 575 Madison Avenue, New York, NY 10022. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Passengers and their baggage in special nonscheduled door-to-door service, limited to the transportation of not more than eleven passengers, in any one vehicle, restricted to passengers having .an immediately prior or subsequent movement in aircraft, between points and places in Fairfield, New Haven and Middlesex Counties, CT, and John F. Kennedy and La- Guardia Airports, New York, NY, and Newark Airport, Newark, NJ, for 180 days. Supporting shipper(s); There are twenty (20) statements of support attached to the application which may be examined at the Interstate Commerce Commission, in Washington, DC, or copies thereof which may be examined at the field office named below. Send protests to: Maria B. Kejss, Transportation Assistant, Interstate Commerce Commission, 26 Federal Plaza, New York, NY 10007.
MC 144990 TA, filed June 23, 1978. Applicant: CHARLES A. HURST, d.b.a., GOOD TIME CHARTERS, 1416 South view Drive, Bluefield, WV. 25064. Representative: Stephen P. Swisher, 339-12th Street, Dunbar, WV 15064. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Passengers and baggage by motor vehicle in charter service, between points in Logan, McDowell, Mercer and Mingo Counties, WV, on the one hand, and on the other, points in the United States, for 180 days. Supporting shipper(s): There are approximately (11) statements of support attached to the application which may be examined at the Interstate Commerce Commission in Washington, DC, or copies thereof which may be examined at the field office named below. Send protests to: Frances A. Ciccarello, Secretary, Interstate Commerce Commission, 3108 Federal Office Building, 500 Quarrier Street, Charleston, WV 25301.
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NOTICES 36557By the Commission.
H. G. H om m e, Jr., Acting Secretary.
[FR Doc. 78-23067 Filed 8-16-78; 8:45]
[7035-01]
[Decisions Volume No. 19] DECISION-NOTICE
Decided: August 2,1978. vThe following applications are gov
erned by Special Rule 247 of the Commission’s rules of practice (49 CFR § 1100.247). These rules provide, among other things, that a protest to the granting of an application must be filed with the Commission within 30 days after the date notice of the application is published in the F ederal R eg ister . Failure to file a protest, within 30 days, will be considered as a waiver of opposition to the application. A protest under these rules should comply with rule 247(e)(3) of the rules of practice which requires that it set forth specifically the grounds upon which it is made, contain a detailed statement of Protestant’s interest in the proceeding (as specifically noted below), and shall specify with particularity the facts, matters, and things relied upon, but shall not include issues or allegations phrased generally. A protestant should include a copy of the specific portions of its authority which protestant believes to be in conflict with that sought in the application, and describe in detail the method—whether by joinder, interline, or other means— by which protestant would use such authority to provide all or part of the service proposed. Protests not in reasonable compliance with the requirements of the rules may be rejected. The original and one copy of the protest shall be filed with the Commission, and a copy shall be served concurrently upon applicant’s representative, or upon applicant if no representative is named. If the protest includes a request for oral hearing, such request shall meet the requirements of section 247(e)(4) of the special rules and shall include the certification required in that section.
Section 247(f) provides, in part, that an applicant which does not intend timely to prosecute its application shall promptly request that it be dismissed, and that failure to prosecute an application under the procedures of the Commission will result in its dismissal.
Further processing steps will be by Commission notice, decision, or letter which will be served on each party of record. Broadening amendments will not be accepted after the date of this publication.
Any authority granted may reflect administratively acceptable restrictive amendments to the service proposed below. Some of the applications may have been modified to conform to the Commission’s policy of simplifying grants of operating authority.
We find: With the exceptions of those applications involving duly noted problems (e.g., unresolved common control, unresolved fitness questions, and jurisdictional problems) we find, preliminarily, that each common carrier applicant has demonstrated that its proposed service is required by the public convenience and necessity, and that each contract carrier applicant qualifies as a contract carrier and its proposed contract carrier service will be consistent with the public interest and the national transportation policy. Each applicant is fit, willing, and able properly to perform the service proposed and to conform to the requirements of the Interstate Commerce Act and the Commission’s regulations. This decision is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969.
It is. ordered: In the absence of legally sufficient protests, filed within 30 days of publication of this decision- notice (or, if the application later becomes unopposed), appropriate authority will be issued to each applicant (except those with duly noted problems) upon compliance with certain requirements which will be set forth in a notification of effectiveness of this decision-notice. To the extent that the authority sought below may duplicate an applicant’s existing authority, such duplication shall not be construed as conferring more than a single operating right.
By the Commission, Review Board No. 1, Members Carleton, Joyce, and Jones.
H. G. H om m e, Jr., Acting Secretary.
MC 730 (Sub-416F), filed June 19, 1978. Applicant: PACIFIC INTERMOUNTAIN EXPRESS CO., a corporation, P.O. Box 958, Oakland, CA 94604. Representative: R. N. Cooledge (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Chemicals, in bulk, in tank vehicles, between Freeport, TX, on the one hand, and, on the other, points in the United States (except AK and HI). (Hearing site: Houston or Dallas, TX.)
MC 1668 (Sub-8F), filed July 7, 1978. Applicant: RITEWAY EXPRESS, INC., 285 Old Hook Road, Westwood, NJ 07675. Representative: John L. Alfano, 550 Mamaroneck Avenue, Har
rison, NY 10528. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment), between points in Suffolk County, NY, on the one hand, and, on the other, and points in Pike County, PA, those in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union Counties, NJ, and those in Bronx, Dutchess, Kings, New York, Nassau, Orange, Queens, Putnam, Richmond, Rockland, Sullivan, Ulster, and Westchester Counties, NY. (Hearing site: New York, NY.)
MC 4941 (Sub-39F), filed June 19, 1978. Applicant: QUINN FREIGHT LINES, INC., 1093 North Montello Street, Brockton, MA 02403. Representative: John F. O’Donnell, P.O. Box 238, Milton, MA 02187. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plasterboard joint systems, and materials, supplies, and products used in the installation, application and distribution of plasterboard joint systems, from Milford, VA, to points in ME, NH, VT, CT, RI, NY, MA, NJ, PA, DE, MD, WV, OH, and DC. (Hearing site: Boston, MA or Washington, DC.)
MC 36448 (Sub-6F), filed June 27, 1978. Applicant: MURFREESBORO FREIGHT LINE CO., a corporation, P.O. Box 1113, Murfreesboro, TN 37130. Representative: Val Sanford, P.O. Box 2757, Nashville, TN 37219. Authority granted to operate as a common carrier, by motor vehicle, transporting: (A) Over irregular routes, packaging, and materials, equipment, and supplies used in the manufacture of packaging, between the facilities of Paramount Packaging Co., at Murfreesboro, TN, on the one hand, and, on the other, the facilities of Paramount Packaging Co., at or near Chalfont and Lansdale, PA; and (B) over regular routes, general commodities (except classes A and B explosives, commodities in bulk, and those requiring special equipment), (a) between Nashville and Smyrna, TN: From Nashville over unnumbered State Hwy (formerly TN Hwy 1) to Hilltop, TN, then over unnumbered State Hwy (formerly TN Hwy 102) to Smyrna; (b) between Nashville and Murfreesboro, TN, over unnumbered State Hwy (formerly TN Hwy 1); (c) between Memphis and Nashville, TN, over Interstate Hwy 40, restricted against the transportation of traffic which originates, is destined to, or interchanged at Nashville, serving Nashville for purposes of joinder only; and(d) between Memphis and Murfrees-
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36558 NOTICES
boro, TN, from Murfreesboro over TN Hwy 96 to junction TN Hwy 100, then over TN Hwy 100 to junction U.S. Hwy 64, then over U.S. Hwy 64 to Memphis, as an alternate route for operating convenience only; and return over the same routes in (a) and (d), serving all intermediate points in (a) and (b), and serving no intermediate points, in (c) and (d). (Hearing site: Nashville or Murfreesboro, TN.)
N ote.—In part (2) applicant seeks to convert its certificates of registration Nos. MC 36448 (Sub-4 and -5) to certificates of public convenience and necessity. The evidence of record warrants granting the application as operations to be authorized herein are multi-State in nature, and issuance of a certificate will be conditioned upon the coincidental cancellation at applicant’s written request of the certificates of registration in Sub-4 and -5.
MC 41406 (Sub-83F), filed June 13, 1978. Applicant: ARTIM TRANSPORTATION SYSTEM, INC., 7105 Kennedy Avenue, Hammond, IN 46373. Representative: E. Stephen Heisley, 805 McLachlen Bank Building, 666 Eleventh Street NW., Washington, DC 20001.Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Grain storage and grain drying bins, grain dryers; and (2) parts and accessories for the commodities in (1) above, from the facilities of Chicago Eastern Corp., at or near Marengo, IL, to points in AL, AR, PL, GA, IN, •IA, KS, KY, LA, MD, MI, MN, MS, MO, NE, NC, ND, OH, OK, SC, SD, TN, TX, and WI; and (3) materials and supplies used in the manufacture, and distribution of the commodities named in (1) and (2) above (except commodities in bulk), in the reverse direction. (Hearing site: Chicago, IL.)
MC 43716 (Sub-33F), filed April 4, 1978. Applicant: BIGGE DRAYAGE CO., a corporation, P.O. Box 1657, 10700 Bigge Avenue, San Leandro, CA 94577. Representative: James H. Gul- seth, 100 Bush Street, San Franciso, CA 94104. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Equipment, materials, and supplies used for logging, mining, road building, and construction, and (2) iron and steel articles, as described in appendix V to the report in Description in Motor Carrier Certificates, 61 MCC 209 (1952), between points in San Bernardino, Imperial, Riverside, San Diego, Orange, and Los Angeles Counties, CA, on the one hand, and, on the other, points in NV, ID, and OR. (Hearing site: San Francisco, CA.)
N ote.—Applicant states that the purpose ' of this filing is to eliminate the gateway of points in Inyo, Kem, and Ventura Counties, CA.
MC 48441 (Sub-12F), filed May 19, 1978. Applicant: R.M.E. INC., P.O. Box
418, Streator, IL 61364. Representative: E. Stephen Heisley, 666 Eleventh Street NW., No. 805, Washington, DC 20001. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Glass containers, from the facilities of Thatcher Glass Manufacturing Co., Division of Dart Industries, at or near Streator, IL, to St. Louis, MO, and points in MI and IN. (Hearing site: Chicago, IL.)
MC 55896 (Sub-82F), filed June 14, 1978. Applicant: R-W SERVICE SYSTEM, INC., 20225 Goddard Road, Taylor, MI 48180. Representative: George E. Batty (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Automobile parts, and (2) materials and supplies used in the manufacture and assembly of motor vehicles (except commodities in bulk, in tank vehicles), from points in IN and OH, and those in the Lower Peninsula of MI, to Janesville, WI. (Hearing site: Detroit, MI.)
MC 57239 (Sub-33F), filed July 7, 1978. Applicant: RENNER’S EXPRESS, INC., 1350 South West Street, Indianapolis, IN 46206. Representative: Roland Rice, 1111 E Street NW., Suite 501, Perpetual Building, Washington, DC 20004. Authority granted to operate as a common carrier, by motor vehicle, transporting: General commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment), serving the facilities of Velsicol Chemical Corp., at or near St. Louis, MI, as an off-route point in connection with carrier’s presently authorized regular-route operations. (Hearing site: Detroit, MI or Indianapolis, IN.)
MC 59531 (Sub-107F), filed May 31, 1978. Applicant: AUTO CONVOY CO., a limited partnership, 3020 South Haskell Avenue, Dallas, TX 75223. Representative: Eugene C. Ewald, 100 West Long Lake Road, Suite 102, Bloomfield Hills, MI 48013. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Motor vehicles, in secondary movements, in driveway service, from Shreveport, LA, to points in AR, LA, TN, OK, and TX. (Hearing site: Detroit, MI.)
MC 61825 (Sub-81F), filed July 3, 1978. Applicant: ROY STONE TRANSFER CORP., V.C. Drive, Post Office Box 385, Collinsville, VA 24078. Representative: John D. Stone (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Microfoam articles, from Wurtland, KY, to points in GA, NC,
and VA. (Hearing site: Washington, DC.)
MC 63792 (Sub-30F), filed June 6, 1978. Applicant TOM HICKS TRANSFER CO., INC., 710 North Post Oak, Suite 525, Houston, TX 77024. Representative: C. W. Ferebee (same address as applicant). Authority granted to operate as a common carrier by motor vehicle, over irregular routes, transporting: Slab zinc spelter, from the facilities of National Zinc Co., at Bartlesville, OK, to points in AL, LA, MS, TX, KY, and TN. (Hearing site: Houston, TX or Tulsa, OK.)
MC 83539 (Sub-502F), filed July 10, 1978. Applicant: C & H TRANSPORTATION CO., INC., P.O. Box 270535, Dallas, TX 75227. Representative: Thomas E. James (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Agricultural machinery and implements, and agricultural tools; and (2) parts and accessories for the commodities in (1) above, from points in Davis County, UT, to points in the United States (except AK and HI). (Hearing site: Salt Lake City, UT or Washington, DC.)
MC 95540 (Sub-1023F), filed June 12, 1978. Applicant: WATKINS MOTOR LINES, INC., P.O. Bqx 1636, Lakeland, FL 33802. Representative: Benjy W. Fincher (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products and 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 MCC 209 and 766, (except commodities in bulk, in tank vehicles, and hides), from the facilities of Hernando Packing Co., Division of Glover, Inc., at or near Memphis, TN, to points in KY, OH, OK, PA, NY, MA, NJ, and VA. (Hearing site: Memphis, TN or Washington, DC.)
MC 100666 (Sub-402F), filed June 15, 1978. Applicant: MELTON TURCK LINES, INC., P.O. Box 7666, Shreveport, LA .7H07. Representative: Wilburn L. Williamson, 280 National Foundation Life Building, Oklahoma City, OK 73112. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Pipe, pipe fittings, hydrants, valves; and (2) accessories for the commodities named in (1) above, from the facilities of U.S. Pipe & Foundry Co., at Bessemer and Birmingham, AL, to points in AR, MO, OK, and TX. (Hearing site: Birmingham, AL or New Orleans, LA.)
MC 105045 (Sub-85F), filed July 5, 1978. Applicant: R, L. JEFFRIES
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TRUCKING CO., INC., 1020 Pennsylvania Street, Evansville, IN 47701. Representative: Paul P. Sullivan, 711 Washington Building, Washington, DC 20005. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting stone, between the facilities of Cardiff & Western Marble, Inc., (1) in Harford County, MD, and (2) in Gunnison County, CO, on the one hand, and on the other, points in the United States (except AK and HI). (Hearing site: Washington, DC.)
MC 105269 (Sub-66F), filed July 10, 1978. Applicant: GRAFF TRUCKING COMPANY, INC., 2110 Lake Street, Kalamazoo, MI 49005. Representative: James W. Muldoon. 50 West Broad Street, Columbus, OH 43215. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are manufactured, processed, or dealt in by manufacturers or converters of paper and paper products, (except commodities in bulk), from Chillicothe, OH, to points in MI. (Hearing sites: Columbus, OH or Washington, DC.)
MC 106398 (Sub-814F) filed July 10, 1978. Applicant: NATIONAL TRAILER CONVOY, INC., 525 South Main, Tulsa, OK 74103. Representative: Irvin Tull (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic and rubber articles and accessories, from the facilities of ENTEK Corp. of American, at Irving, TX, to points in the United States (except AK and HI). (Hearing site: Dallas, TX.)
Note.—The certificate in this proceeing will be limited to a period expiring 3 years from the effective date thereof unless, not less than 2.5 years or more than 2.75 years from the date of issuance of the certificate, applicant files a petition for the extension of said certificate and demonstrates that it has been conducting operations in full compliance with the terms and conditions of its certificate and with the requirements of the Interstate Commerce Act and the Commission’s regulations thereunder.
MC 107515 (Sub-1160F*), filed July 3, 1978. Applicant: REFRIGERATED TRANSPORT CO., INC., P.O. Box 308, Forest Park, GA 30050. Representative: Alan E. Serby, Fifth Floor, Lenox Towers S, 3390 Peachtree Road NE., Atlanta, GA 30326. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs(except in bulk), in vehicles equipped with mechanical refrigeration, from the facilities of Sunnyland Refining Co., at or near Birmingham, AL, to points in CT, DE, FL, GA, ME, MD, MA, NH, NJ, NY, NC, OH, PA, RI, SC,
NOTICES
VT, VA, and DC. (Hearing site: Atlanta, GA.)
MC 109708 (Sub-87F), filed June 29, 1978. Applicant: INDIAN RIVER TRANSPORT CO., a corporation, doing business as Indian River Transport, Inc., P.O. Box AG, Dundee, FL 33838. Representative: Donald L. Stern, Suite 610, 6171 Mercy Road, Omaha, NE 78106. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting^ (1) Fruit juice concentrate, in bulk, in tank vehicles, (a) from points in FL, to points in AL, AR, AZ, CA, CO, GA, IN, KS, KY, LA, MD, MN, MO, MS, OK, OR, TX, UT, VT, and WA, and (b) from points in TX, CA, GA, and NY, to points in FL; and (2) fruit juice and citrus oil, in bulk, in tank vehicles, from points in FL, to points in AL, CA, CT, GA, IL, IN, KS, LA, MD, MS, NJ, NY, OH, OR, PA, RI, SC, VA, and WI. (Hearing site: Miami or Orlando, FL.)
MC 110525 (Sub-1248F), filed July 5, 1978. Applicant: CHEMICALLEAMAN TANK LINES, INC., a Delaware corporation, 520 East Lancaster Avenue, Downingtown, PA 19335. Representative: Thomas J. O’Brien (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals, in bulk, in tank vehicles, from Ashland, OH, to Brazil and North Vernon, IN. (Hearing site: Cleveland, OH.)
MC 111231 (Sub-240F), filed May 3, 1978. Applicant: JONES TRUCK LINES, INC., 610 East Emma Avenue, Springdale, AR 72764. Representative: Don A. Smith, P.O. Box 43, 510 North Greenwood, Fort Smith, AR 72902. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Roofing and roofing materials (except commodities in bulk), from Memphis, TN, to points in OK, AR, KS, IL, MO, IN, OH, KY, and IA, restricted to traffic originating at the named origin. (Hearing site: Washington, DC.)
MC 111545 (Sub-254F), filed June 30, 1978. Applicant: HOME TRANSPORTATION CO., INC., P.O. Box 6426, Station A, Marietta, GA 30065. Representative: Robert E. Born (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Air conditioning equipment, cooling or freezing machines, evaporators, and condensers, and (2) parts, attachments, and accessories for the commodities named in (1) above, from Pryor, OK, to points in CA and those in the United States in and east of TX, OK, KS, NE, IA, and MN. (Hearing site: Atlanta, GA, or Washington, DC.)
36559MC 112520 (Sub-354F), filed June 16,
1978. Applicant: McKENZIE TANK LINES, INC., P.O. Box 1200, Tallahassee, FL 32302. Representative: ThomasF. Panebianco (same address as applicant). Authority granted to operate as common carrier, by motor vehicle, over irregular routes, transporting: (1) Acid, in bulk, in tank vehicles, from Bessemer, AL, to St. Marks, FL, and(2) spent acid, in bulk, in tank vehicles, in the reverse direction. (Hearing site: Tallahassee, FL, or Montgomery, AL.)
MC 113855 (Sub-437F), filed July 5, 1978. Applicant: INTERNATIONAL TRANSPORT, INC., a North Dakota Corp., 2450 Marion SE„ Rochester, MN 55901. Representative: Alan Foss, 502 First National Bank Building, Fargo, ND 58102. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Heat exchangers and equalizers for gases and liquids, and (2) equipment for washing and conditioning of gases and liquids, and (3) parts, attachments, and accessories, for use in the installation and operation of the commodities in (1) and (2) above, from St. Bethlehem and Clarksville, TN, to points in MN, IA, MO, IL, WI, OK, TX, and NM. (Hearing site: Nashville, TN.)
MC 113855 (Sub-438F), filed July 5, 1978. Applicant: INTERNATIONAL TRANSPORT, INC., a North Dakota Corp., 2450 Marion Road SE., Rochester, MN 55901. Representative: Alan Foss, 502 First National Bank Building, Fargo, ND 58102. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Tractor attachments and parts, (2) fabricated steel products, and (3) equipment, parts, and attachments used in the logging, forestry and construction industries, from the facilities of Medford Steel Division of C.S.C., Inc., at or near Medford, OR, to points in the United States (except AK and HI). (Hearing site: Portland, OR, or San Francisco, CA.)
MC 115904 (Sub-IOOF), filed June 1, 1978. Applicant: GROVER TRUCKING CO., a corporation, 1710 West Broadway, Idaho Falls, ID 83401. Representative: Irene Warr, 430 Judge Building, Salt Lake City, UT 84111. Authority granted to operated as a common carrier, by motor vehicle, over irregular routes, transporting: Prefabricated log homes knocked down, from Englewood, CO, to points in the United States (except WA, OR, ID, MT, WY, UT, TX, MO, WI, NE, IA, NM, SD, KS, OK, AK, and HI). (Hearing site: Denver, CO, or Washington, DC.)
MC 116077 (Sub-395F), filed May 31, 1978. Applicant: DSI TRANSPORTS, INC., 4550 Post Oak Place Drive, P.O.
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36560 NOTICES
Box 1505, Houston, TX 77001. Representative: Pat H. Robertson, 500 West 16th Street, P.O. Box 1945, Austin, TX 78767. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Chemicals, in bulk, (a) from Taft, LA, to points in AR and KY, (b) from Lake Charles, LA, to points in OH, SC, VA, and WV, (c) from Baton Rouge, LA, to points in CA, IL, IN, IA, KS, KY, MD, MA, MI, MN, MO, NE, NJ, NY, NC, OH, PA, SC, and VA, (d) from points in Harris County, TX, to points in AL, IL, MI, NY, NJ, OH, VA, and FL, and(e) from points in Brazoria County, TX, to points in NY and MI; (2) liquid chemicals, in bulk, in tank vehicles, (a) from Grammercy, LA, to points in TN, (b) from Norco, LA, to points in IN and AR, (c) from points in Chambers County, TX, to points in MI, (d) from Corpus Christi, TX, to points in TN, KY, and GA, and (e) from De Ridder, LA, to points in KY; (3) sodium chlorate, in bulk, from Columbus, MS, to points in KY; and (4) dry chemicals, in bulk, from Baton Rouge, LA, to points in KY, MO, and NC. (Hearing site: Houston, TX, or New Orleans, LA.)
MC 116915 (Sub-66F),* filed July 3, 1978. Applicant: ECK MILLER TRANSPORTATION CORP., a Kentucky, corporation, 1830 South Plate Street, Kokomo, IN 46901. Representative: Fred F. Bradley, P.O. Box 773, Frankfort, KY 40602. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Iron and steel articles, between the facilities of Republic Steel Corp., at or near Gadsden, AL, on the one hand, and, on the other, points in TN, KY, MO, IL, IN, MI, OH, PA, and WV. (Hearing site: Birmingham, AL, or Knoxville, KY.)
MC 117940 (Sub-280F), filed June 15, 1978. Applicant: NATIONWIDE CARRIERS, INC., P.O. Box 104, Maple Plain, MN 55359. Representative: Allan L. Timmerman, 5300 Hwy 12, Maple Plain, MN 55359. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are dealt in by retail and variety stores (except foodstuffs, articles of unusual value, classes A and B explosives, household goods as defined by the commission, commodities in bulk, and those requiring special equipment), (1) from points in CT, DE, ME, MD, MA, NH, NJ, NY, OH, PA, RI, VT, VA, and DC, to Seymour, IN; (2) from points in CT, DE, IN, ME, MD, MA, NH, NJ, NY, OH, PA, RI, VT, VA, and DC, to Los Angeles, CA, Des Plaines, IL, New Hope, MN, North Kansas City, MO, Memphis, TN, and Dallas, TX; and (3) between the facilities of Ben Franklin, Division of City Products Corp., at or near Los Angeles, CA, Des Plaines, IL, Seymour, IN,
Hunt Valley, MD, New Hope, MN, North Kansas City, MO, Memphis, TN, and Dallas, TX, restricted in (1) and (2) above to the transportation of traffic originating at the indicated origins and destined to the named destinations. Condition: The certificate to be issued herein shall be limited in point of time to a period expiring 3 years from its date of issue, unless, prior to its expiration (but not less than 6 months prior to its expiration), applicant files a petition for permanent extension of the certificate showing that it has been in full compliance with applicable regulations. (Hearing site: Chicago, IL.)
MC 117940 (Sub-281F), filed June 15, 1978. Applicant: NATIONWIDE CARRIERS, INC., P.O. Box 104, Maple Plain, MN 55359. Representative: Allan L. Timmerman, 5300 Hwy 12, Maple Plain, MN 55359. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are dealt in by retail stores (except in bulk, in tank vehicles), between the facilities of Montgomery Ward & Co., in the United States (except AK and HI). Condition: The certificate to be issued herein shall be limited in point of time to a period expiring 3 years from its date of issue, unless, prior to its expiration (but not less than 6 months prior to its expiration), applicant files a petition for permanent extension of the certificate showing that it has been in full compliance with applicable regulations. (Hearing site: Chicago, IL.)
MC 118159 (Sub-273F), filed July 10, 1978. Applicant: NATIONAL REFRIGERATED TRANSPORT, INC., P.O. Box 51366, Dawson Station, Tulsa, OK 74151. Representative: Warren L. Troupe, 2480 East Commercial Boulevard, Fort Lauderdale, FL 33308. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Rubber articles, plastic articles, and rubber and plastic products, from the facilities of Entek Corp. of America, at or near Irving, TX, to points in the United States (except AK and HI); and (2) materials and equipment used in the manufacture and distribution of rubber and plastic articles (except commodities in bulk), in the reverse direction. (Hearing site: Chicago, IL.)
MC 118159 (Sub-274F), filed July 10, 1978. Applicant: NATIONAL REFRIGERATED TRANSPORT, INC., P.O. Box 51366, Dawson Station, Tulsa, OK 74151. Representative: Warren L. Troupe, 2480 East Commercial Boulevard, Fort Lauderdale, FL 33308. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are dealt in, or
used by, manufacturers and distributors of cellulose materials and products and paper and paper products, between the facilities of Hampden Papers, Inc., at Holyoke, MA, on the one hand, and, on the other, points in AT., CT, DE, FL, GA, KY, MD, MS, NJ, NY, NC, PA, SC, TN, VA, and WV. (Hearing site: Chicago, IL.)
MC 118696 (Sub-13F), filed June 14, 1978. Applicant: FERREE FURNITURE EXPRESS, INC., 252 Wildwood Road, Hammond, IN 46324. Representative: Carl L. Steiner, 39 South LaSalle Street, Chicago, IL 60603. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: New kitchen cabinets and vanities, from points in IN to points in NJ. (Hearing site: Indianapolis, IN.)
MC 118922 (Sub-18F), filed June 13, 1978. Applicant: CARTER TRUCKING CO., INC., P.O. Box 126, Locust Grove, GA 30248. Representative: W. Randall Tye, 1400 Candler Building, Atlanta, GA 30303. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are dealt in by agricultural equipment, industrial equipment, apd lawn and leisure product dealers, between the facilities of John Deere Co., at or near Conyers, GA, on the one hand, and, on the other, points in AL, FL, GA, NC, SC, TN, and VA, under a continuing contract, or contracts, with John Deere Co. of Conyers, GA. (Hearing site: Atlanta, GA.)
MC 118959 (Sub-175F), filed July 10, 1978. Applicant: JERRY LIPPS, INC., 130 South Frederick Street, Cape Girardeau, MO 63701. Representative: Robert M. Pearce, P.O. Box 1899, Bowling Green, KY 42101. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic, plastic articles, tin, tin articles, iron and steel articles, rubber, rubber articles, and resins (except commodities in bulk), between the facilities of Standard Container Co., at or near, Homerville and Valdosta, GA, Longwood and Jacksonville, FL, and Picayune, MS, on the one hand, and, on the other, points in the United States (except AK and HI). (Hearing site: Atlanta, GA, or Nashville, TN.)
MC 119560 (Sub-18F), filed June 15, 1978. Applicant: SOUTHERN BULK HAULERS, INC., P.O. Box 278, Har- leyville, SC 29448. Representative: Frank A. Graham, Jr., 707 Security Federal Building, Columbia, SC 29201. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting:
< Lumber, from the facilities of West- vaco Lumber, Division of Westvaco Development Corp., at Summerville,
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NOTICES 36561SC, to Charleston SC, and points in PL, GA, KY, MD, NC, NJ, NY, OH, TN, PA, VA, and WV. (Hearing site: Columbia or Charleston, SC.)
MC 119670 (Sub-36F), filed June 8, 1978. Applicant: THE VICTOR TRANSIT CORP., 5250 Este Avenue, Cincinnati, OH 45232. Representative: Ropert H. Kinker, 314 West Main Street, P.O. Box 464, Frankfort, KY 40602. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Glass containers and closures for glass containers, from the facilities of Owens-Illinois, Inc., at or near Gas City, IN, to Cincinnati, OH and Louisville, KY. (Hearing site: Cincinnati, OH.)
MC 119789 (Sub-490F), filed July 10, 1978. Applicant: CARAVAN REFRIGERATED CARGO, INC., P.O. Box 226188, Dallas, TX 75266. Representative: Lewis Coffey, P.O. Box 226188, Dallas, TX 75266. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Panels, from the facilities of Panel Era Manufacturing Corp., at Dallas, TX, to points in CT, ME, MA, NH, RI, and VT. (Hearing site: Dallas, TX.)
MC 119789 (Sub-49 IF), filed July 10, 1978. Applicant: CARAVAN REFRIGERATED CARGO, INC., P.O. Box 226188, Dallas, TX 75266. Representative: Lewis Coffey (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, oyer irregular routes, transporting: Agricultural implements and agricultural tools, from the facilities of Union Fork and Hoe Co., at (1) Columbus, OH, to Atlanta, GA, Orlando, FL, Houston and Dallas, TX, Kansas City, MO, Des Moines, IA, Salt Lake City, UT, Los Angeles and San Francisco, CA, and Seattle, WA, and (2) Frankfort, NY, to Columbus, OH, Des Moines, IA, Salt Lake City, UT, and Los Angeles, CA. (Hearing site: Columbus, OH.)
MC 119988 (Sub-148F), filed July 5, 1978. Applicant: GREAT WESTERN TRUCKING CO., INC., P.O. Box 1384, Lufkin, TX 75901. Representative: Hugh T. Matthews, 2340 Fidelity Union Tower, Dallas, TX 75201. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Industrial oils and greases (except commodities in bulk), and (2) materials and equipment used in the manufacture and distribution of the commodities in (1) above (except commodities in bulk), between Los Angeles, CA, on the one hand, and, on the other, points in the United States (except AK, HI, and CA). (Hearing site: Dallas, TX.)
MC 119988 (Sub-149F), filed July 5, 1978. Applicant: GREAT WESTERN TRUCKING CO., INC., P.O. Box 1384, Lufkin, TX 75901. Representative: Hugh T. Matthews, 2340 Fidelity Union Tower, Dallas, TX 75201. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paperboard cartons, and materials and equipment used in the manufacture and distribution of paperboard cartons, between Eutaw, AL, on the one hand, and, on the other, points in the United States (except AK, HI, and AL). (Hearing site: Dallas, TX.)
MC 121060 (Sub-66F), filed June 16, 1978. Applicant ARROW TRUCK LINES, INC., P.O. Box 1416, Birmingham, AL 35201. Representative: William P. Jackson, Jr., P.O. Box 1240, Arlington, VA 22210. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Pipe, valves, fittings, hydrants, and (2) parts and accessories for the commodities named in (1) above, from the facilities of U.S. Pipe & Foundry Co., at or near Birmingham, AL, to points in AR, CT, DE, DC, FL, LA, ME, MD, MA, MN, MS, NH, NJ, NY, PA, RI, VT, VA, WV, those in the United States in and west of ND, SD, NE, KS, OK, and TX, and those in GA south of Carroll, Fulton, Clayton, Henry, Newton, Morgan, Greene, Tali- ferro, Warren, McDuffie, and Richmond Counties, GA. (Hearing site: Birmingham, AL.)
MC 121496 (Sub-1 IF), filed May 24, 1978, and previously noticed in the F ederal R eg ister issue of June 22, 1978. Applicant: CANGO CORP., Suite 2900, 1100 Milam B u ild in g , Houston, TX 77002. Representative: E. Stephen Heisley, 805 McLachlen Bank Building, 666 11th Street NW„ Washington, DC 20001. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chemicals and petroleum products, in bulk, between the facilities of Dow Chemical Co., in Brazoria County, TX, on the one hand, and on the other, points in the United States (except AK and HI). (Hearing site: Houston, TX.)
Note.—The purpose of this republication is to include TX as an authorized radial State.
MC 121654 (Sub-13F*), filed May 15, 1978. Applicant: COASTAL TRANSPORT & TRANDING CO., a CORPORATION, P.O. Box 7438, Savannah, GA 31408. Representative: Richard M. Tettelbaum, Fifth Floor, Lenox, 3390 Peachtree Road NE., Atlanta, GA 30326. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, t r a n s p o r t i n g* Concrete products, from the facilities of Houdaille-Duval Wright, Co., Divi
sion of Houdaille-Industries, Inc., at or near Jonesboro, GA, to points in at., KY, NC, SC, and TN. (Hearing site: Atlanta, GA.)
MC 123048 (Sub-404F), filed June 5, 1978. Applicant: DIAMOND TRANSPORTATION SYSTEM, INC. 5021 21st Street, P.O. Box 1557, Racine, WI 53401. Representative: John L. Bruem- mer, 121 West Doty Street, Madison, WI 53703. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Aluminum articles, and (2) Materials, equipment, and supplies used in the manufacture and distribution of the commodities named in (1) above (except commodities in bulk), between Williamsport, PA, on the one hand, and, on the other, points in the United States (except AK and HI). (Hearing site: Clevland, OH or Washington, DC.)
MC 123200 (Sub-IF), filed June 19, 1978. Applicant: AKRON CARTAGE CO., INC., P.O. Box 143, Akron, OH 44309. Representative: John P. McMahon, 100 East Broad Street, Columbus, OH 43215. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products and byproducts, dairy products, and articles distributed by meat packinghouses, as described in sections A, B, and C of appendix I to the report in Descriptions in Motor Carrier Certificates, 61 MCC 209 and 766 (except hides and commodities in bulk), between Akron, OH, on the one hand, and, on the other, Columbus, OH, and points in Belmont, Jefferson, Monroe, and Washington Counties, OH, and Brooke, Hancock, Marshall, Ohio, Wetzel, and Wood Counties, WV. (Hearing site: Columbus, OH.)
MC 123407 (Sub-474F), filed June 19, 1978. Applicant: SAWYER TRANSPORT, INC., South Haven Square, U.S. Hwy 6, Valparaiso, IN 46383. Representative: H. E. Miller, Jr., (same address as applicant). Authority granted to operate as a common carrier, * by motor vehicle, over irregular routes, transporting: Paneling, composition board, and wallboard, from Harvgy, IL, to points in IA, IN,-MI, and WI. (Hearing site: Chicago, IL.
MC 123407 (Sub-475F), filed June 19, 1978. Applicant: SAWYER TRANSPORT, INC., South Haven Square, U.S. Hwy 6, Valparaiso, IN 46383. Representative: H. E. Miller, Jr. (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Iron and steel articles, from the facilities of Nucor Steel, a division of Nucor Corp., at or near Darlington, SC, to those points in the United States in and east of ND, SD, NE, KS, OK, and TX; and (2) materi-
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36562als and supplies used in the manufacture of iron and steel articles (except commodities in bulk), in the reverse direction. (Hearing site: Washington, DC.)
MC 124078 (Sub-833F), filed July 6, 1978. Applicant: SCHWERMANTRUCKING CO., a corporation, 611 South 28th Street, Milwaukee, WI 53215. Representative: Richard H. Pre- vette, P.O. Box 1601, Milwaukee, WI 53201. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Bentonite clay, in bulk, in tank vehicles, from Sandy Ridge, AL, to Milwaukee, WI, and the facilities of American Colloid Co., at Albion, MI, and Columbus, OH. (Hearing site: Chicago, IL.)
MC 124211 (Sub-327F*), filed June 19, 1978. Applicant: HILT TRUCK LINE, INC., P.O. Box 988, D.T.S., Omaha, NE 68101. Representative: Thomas L. Hilt (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are dealt in by manufacturers and distributors of plumbing fixtures, plumbing supplies, and paint materials (except commodities in bulk, and cast iron pressure pipe), between the facilities of the William H. Harvey Co., at Omaha, NE, and points in Washington County, NE, on the one hand, and, on the other, points in AL, AR, FL, GA, KY (except Louisville), LA, MS, NC, OK, SC, TN, and TX. (Hearing site: Omaha, NE.)
MC 125335 (Sub-24F), filed July 3, 1978. Applicant: GOOD-WAY, INC., a Maryland corporation, P.O. Box 2283, York, PA 17405. Representative: Gailyn L. Larsen, 521 South 14th Street, P.O. Box 81849, Lincoln, NE 68501. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such merchandise as is dealt in by wholesale and retail paint stores and supply houses (except in bulk), from Chicago, IL, to Kansas City and Leavenworth, KS, and points in FL and MO, restricted to the transportation of traffic originating at the facilities of Standard T Chemical Co., Inc., at or near Chicago, IL, and destined to the indicated destinations. (Hearing site: Chicago, IL or Harrisburg, PA.)
MC 125335 (Sub-25F), filed July 3, 1978. Applicant: GOOD-WAY, INC., a Maryland corporation, P.O. Box 2283, York, PA 17405. Representative: Gailyn L. Larsen, 521 South 14th Street, P.O. Box 81849, Lincoln, NE 68501. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Frozen foods, from Grand Rapids and Lake Odessa, MI, to Bettendorf, I A, Bonner Springs and Kansas City, KS,
NOTICES
Garden City, NY, Richmond, VA, and points in Cumberland County, NJ, restricted to the transportation of traffic originating at the facilities of Lake Odessa Canning Co., a Division of Sea- brook Foods, Inc., at the named origins and destined to the indicated destinations. (Hearing site: Camden, NJ or Harrisburg, PA.)
MC 125952 (Sub-3IF*), filed June 23, 1978. Applicant: INTERSTATE DISTRIBUTOR CO., a corporation, 8311 Durango SW., Tacoma, WA 98499. Representative: George R. LaBisson- iere, 1100 Norton Building, Seattle, WA 98104. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are dealt in by wholesale and retail food business houses (except in vehicles equipped with mechanical refrigeration), from points in CA, to Portland, OR, under continuing contract with American- Strevell, of Portland, OR. (Hearing site: Portland, OR.)
MC 125985 (Sub-23F), filed July 10, 1978. Applicant: AUTO DRIVEAWAY CO., a Pennsylvania corporation, 310 South Michigan Avenue, Chicago, IL 60604. Representative: Ronald I. Fredriksen (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Freight utility trucks, in driveaway service, from the facilities of Holiday Rambler Corp., in Elkhart County, IN, to points in the United States (except AK and HI). (Hearing site: Chicago, IL.)
MC 127840* (Sub-73F), filed June 16, 1978. Applicant: MONTGOMERY TANK LINES, INC., 17550 Fritz Drive, Lansing, IL 60438. Representative: William H. Towle, 180 North LaSalle Street, Chicago, IL 60601. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Diethylene glycol, dipropylene glycol, and recovered glycols, from Tallulah, LA, to those points in the United States on and east of a line beginning at the mouth of the Mississippi River and extending along the Mississippi River to its junction with the western boundary of Itasca County, MN, then northward along the western boundaries of Itasca and Koochiching Counties, MN, to the international boundary line between the United States and Canada. (Hearing site: Chicago, IL.)
MC 128205 (Sub-51F), filed July 5, 1978. Applicant: BULKMATICTRANSPORT CO. a corporation, 12000 South Doty Avenue, Chicago, IL 60628. Representative: Arnold L. Burke, 180 N. LaSalle Street, Chicago, IL 60601. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting:
sugar, in bulk, in tank vehicles, from Chicago, IL, to points in IA and WI. (Hearing site: Chicago, IL.)
MC 129572 (Sub-4F), filed April 27, 1978, and previously noticed in the FR issue of June 6, 1978. Applicant: ANDICO, INC., 4291 West 3500 South Street, Granger, UT 84120. Representative: Irene Warr, 430 Judge Building, Salt Lake City, UT 84111. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Pipe and pipe valves and fittings, beams, bar stock, sheet and plate metals (except oil field and pipe line commodities as defined in Mercer Extension—Oil Field Commodities, 74 M.C.C. 459), and (2) equipment, materials, and supplies used in the machining or installation of the commodities described in (1) above, between points in UT, ID, WY, MT, CO, AZ, MN, NV, CA; OR, and WA, under a continuing contract with Pipe & Tube, Inc., of Granger, UT. (Hearing site: Salt Lake City, UT.)
N ote.—The purpose of this republication is to indicate the correct location of the contracting shipper.
MC 129624 (Sub-16F*), filed June 1, 1978. Applicant: ROUTE MESSENGERS OF PENNSYLVANIA, INC., 2425 Bainbridge Street, Philadelphia, PA 19146. Representative: Alan Kahn, 1920 Two Penn Center Plaza, Philadelphia, PA 19102. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Exposed and processed film, and photographic and reproduction equipment, materials, and supplies, (1) between Philadelphia, PA, and points in Atlantic County, NJ, on the one hand, and, on the other, points in Atlantic, Cape May, Cumberland, Salem, Camden, and Gloucester Counties, NJ, and (2) between points in Berks, Bucks, Chester, Dauphin, Delaware, Lancaster, Lebanon, Lehigh, Montgomery, Northampton, and Philadelphia Counties, PA, restricted in (1) and (2) above to the transportation of traffic originating at or destined to the facilities of Eastman Kodak Co., and Kodak Processing Laboratory, Inc. (Hearing site: Philadelphia, PA, or Washington, DC.)
MC 133689 (Sub-207F), filed July 10, 1978. Applicant: OVERLAND EXPRESS, INC., 719 First Street SW., New Brighton, MN 55112. Representative: Robert P. Sack, P.O. Box 6010, West St. Paul, MN 55118. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) trailer axles, (2) attachments and parts for trailer axles, (3) wheels, (4) trailer fenders, and (5) brake and suspension assemblies and parts, from points in DE, KY, MI, OH, and PA, to points in MN,
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NOTICES 36563ND, and SD. (Hearing site: St. Paul, MN.)
MC 134280 (Sub-6F), filed June 13, 1978. Applicant: YOUNG’S EXPRESS, INC., 1501 North Warwick Avenue, Baltimore, MD 21216. Representative: Brian S. Stem, 2425 Wilson Boulevard, Suite 327, Arlington, VA 22201. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting ferrous scrap metals, from the facilities of United Iron & Metal, Inc., at Baltimore, MD, to Milton, PA, under continuing contract(s), with United Iron & Metal, Inc., of Baltimore, MD. (Hearing site: Baltimore, MD, or Washington, DC.)
MC 134286 (Sub-65F), filed June 14, 1978. Applicant: ILLINI EXPRESS, INC., P.O. Box 1564, Sioux City, IA 51102. Representative: Charles J. Kimball, 350 Capitol Life Center, 1600 Sherman Street, Denver, CO 80203. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting dry spaghetti and macaroni products (except in bulk), from the facilities of C. F. Mueller Co., at or near Jersey City, NJ, to points in IN, MI, and OH. (Hearing site: Sioux City, IA, or Omaha, NE.)
Note.—The carrier must satisfy the Commission that its common control possibilities are either approved by the Commission or do not require Commission approval.
MC 134484 (Sub-18F), filed April 14, 1978. Applicant: EDWARD BROS., INC., P.O. Box 1684, Idaho Falls, ID 83401. Representative: Timothy R. Stivers, P.O. Box 162, Boise, ID 83701. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products and meat byproducts, and articles distributed by meat-packing houses, 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 facilities of Columbia Foods, Inc., at or near Boise, ID, to points in MT. (Hearing site: Boise, ID.)
MC 134755 (Sub-154F*) filed July 10, 1978. Applicant: CHARTER EXPRESS, INC., P.O. Box 3772, Spring- field, MO. Representative: Larry D. Knox, 600 Hubbell Building, Des Moines, IA 50309. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products and meat byproducts and articles distributed by meat-packing houses, 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 points in Ford County, KS, to points in AR, MS,
LA, AL, GA, FL, and TX. (Hearing site: Kansas City or St. Louis, MO.)
MC 136446 (Sub-120F), filed June 14, 1978. Applicant: PRINCETON MESSENGER SERVICE, INC., U.S. Route 1, Princeton, NJ 08540. Representative: Mel P. Booker, Jr., 118 North St. Asaph Street, Alexandria, VA 22314. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting such commodities as are dealt in by wholesale and retail supply houses and stores (except commodities in bulk), between Philadelphia, PA, on the (me hand, and, on the other, points in NJ. (Hearing site: Philadelphia, PA, or Washington, DC.)
Note.—Tacking is authorized at Burlington County, NJ, with carrier’s authority in MC 136446 (Sub-7), issued September 20, 1976. The following service is authorized: such commodities as are dealt in by wholesale and retail supply houses and stores (except commodities in bulk), between Philadelphia, PA, and New York, NY.
MC 136818 (Sub-29F), filed May 17, 1978, and previously noticed in the FR issue of June 22, 1978. Applicant: SWIFT TRANSPORTATION CO., INC., 335 West Elwood Road, P.O. Box 3902, Phoenix, AZ 85030. Representative: Donald E. Fernaays, Suite 320, 4040 East McDowell Road, Phoenix, AZ 85008. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) iron and steel pipe, lined and coated steel pipe mortar, and concrete pipe, from Phoenix, AZ, to points in NM, CO, and UT; and (2) iron and steel pipe, from Albuquerque, NM, to Phoenix, AZ. (Hearing site: Phoenix, AZ.)
Note.—T he carrier must satisfy the Commission that its operations will not result in objectionable dual operations because of its authority under MC 136897. Also, the purpose of this republication is to correct the commodity description in part (1).
MC 136888 (Sub-12F), filed July 7, 1978. Applicant: NORMAN & SON, INC., P.O. Box 853, South Houston, TX 77587. Representative: Phillip Robinson, P.O. Box 2207, 1806 Rio Grande, Austin, TX 78768. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting brick, from the ports of entry located on the International Boundary line between the United States and the Republic of Mexico at Brownsville and Hidalgo, TX, to Houston, TX, restricted to the tansportation of traffic having a prior movement in foreign commerce. (Hearing site: Houston or Dallas, TX.)
MC 138635 (Sub-57F*), filed June 30, 1978. Applicant: CAROLINA WESTERN EXPRESS, INC., Box 3961, Gastonia, NC 28052. Representative: Eric Meierhoefer, Suite 423, 1511 K Street
NW., Washington, DC 20005. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: textiles and textile products, and materials and supplies used in the manufacture and sale of textiles and textile products, between Abernathy, TX and points in NC and SC, in nonradial movements. (Hearing site: Charlotte, NC.)
MC 133802 (Sub-2F), filed June 23, 1978. Applicant: EMPAK TRANSPORTATION CO., a corporation, 6200 North 16th Street, Omaha, NE 68110. Representative: Steven K. Kuhlmann, P.O. Box 82028, Lincoln, NE 68501. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting (1) petroleum, petroleum products, and such commodities as are sold in gasoline service stations (except commodities in bulk, in tank vehicles), from the facilities of Exxon Co., U.S.A., a Division of Exxon Corp., at or near Bayonne and Bayway, NJ, and Pittsburgh, PA, to points in the United States (except AK and HI); and (2) materials, equipment, and supplies used in the manufacture, and distribution of the commodities named in (1) above, in the reverse direction, under a continuing contract with Exxon Co., U.S.A., a Division of Exxon Corp. of New York, NY. (Hearing site: Houston, TX.)
MC 138835 (Sub-32F), filed July 14, 1978. Applicant: -EASTERN REFRIGERATED TRANSPORT, INC., P.O. Box 113, Crozet, VA 22932. Representative: Harry J. Jordan, Suite 502, Solar Building, 1000 16th Street NW., Washington, DC 20036. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting frozen foods, from Lake Odessa and Grand Rapids, MI, to points in Cumberland, Gloucester, and Salem Counties, NJ, restricted to the transportation of traffic destined to the facilities of Seabrook Foods, Inc. (Hearing site: Washington, DC.)
MC 138882 (Sub-97F), filed June 20, 1978. Applicant: WILEY SANDERS, INC., P.O. Box 707, Troy, AL 36081. Representative: George A. Olsen, P.O. Box 357, Gladstone, NJ 07934. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes^ transporting conduit, asbestos fibre cement, and fittings for conduit, from the plantsite of Cement Asbestos Products Company, at or near Ragland, AL, to points in CT, DE, FL, GA, IL, IN, KY, LA, ME, MD, MA, MI, MS, NH, NJ, NY, NC, OH, PA, RI, SC, TN, TX, VT, VA, WV, and DC. (Hearing site: St. Louis, MO, or Montgomery, AL.)
MC 138882 (Sub-98F), filed June 20, 1978. Applicant: WILEY SANDERS, INC., P.O. Box 707, Troy, AL 36081. Representative: George A. Olsen, P.O.
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36564 NOTICES
Box 537, Gladstone, NJ 07934. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting (1) charcoal, charcoal briquets, hickory chips, ver- miculite, charcoal lighter fluid, com- pressed sawdust-wax impregnated fireplace logs, and (2) barbecue items and materials and equipment, used in the distribution of the above named commodities, (except commodities in bulk), between Dothan, AL, on the one hand, and, on the other, points in FL, GA, TN, MS, AR, LA, TX, OK, SC, and NC. (Hearing site: Louisville, KY, or Montgomery, AL.)
MC 139006 (Sub-3F), filed June 7, 1978. Applicant: RAPIER SMITH, R.R, 5, Loretto Road, Bardstown, KY 40004. Representative: Robert H. Kinker, 314 West Main Street, Frankfort, KY 40602. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (l)(a) Vinyl or plastic siding, clapboard siding, plastic articles, paper articles, and building materials, (b) accessories and supplies for the commodities described in (lXa) above, from Bardstown, KY, to those points in the United States in and east of MN, IA, KS, NE, OK, and TX (except KY); and (2) materials and equipment used in the manufacture of the commodities named in (lXa) above, in the reverse direction. (Hearing site: Louisville, KY.)
MC 139206 (Sub-5IF), filed June 13, 1978. Applicant: F.M.S. TRANSPORTATION, INC., 2564 Harley Drive, Maryland Heights, MO 63043. Representative: E. Stephen Heisley, 805 McLachlen Bank Building, 666 11th Street NW., Washington, DC 20001. Authority granted to operate as a contract carrier, by motor vehicl.e, over irregular routes, transporting: (1) Kitchen cabinets, vanity cabinets, laminated products, porcelain or enamel sinks and basins, sink tops and skids, (2) parts, components, and accessories for the commodities named in (1) above and (3) materials and equipments used in the manufacture and distribution of the commodities named in (1) above (except commodities in bulk), between Rosedale, MS, on the one hand, and, on the other, points in the United States (except AK and HI), under continuing contract with Chromalloy American Corp., of Clayton, MO. (Hearing site: St. Louis, MO.)
MC 139206 (Sub-52F), filed June 13, 1978. Applicant: F.M.S. TRANSPORTATION, INC., 2564 Harley Drive, Maryland Heights, MO 63043. Representative: E. Stephen Heisley, 805 McLachlen Bank Building, 666 11th Street NW., Washington, DC 20001. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Kitch
en cabinets, vanity cabinets, laminated products, porcelain or enamel sinks and basisn, sink tops, and skids, (2) parts, components, and accessories for the commodities named in (1) above, and (3) Materials and equipment, used in the manufacture, and distribution of the commodities named in (1) above (except commodities in bulk), between Tyrone, PA, on the one hand, and, on the other, points in the United States (except AK and HI), under continuing contract with Chromalloy American Corporation, of Clayton, MO. (Hearing’site: St. Louis, MO.)
MC 139432 (Sub-9F*), filed June 23, 1978. Applicant: SUNRISE TRANSPORTATION, INC., 9850 East Highway 120, Manteca, CA 95336. Representative: Robert B. Hankins, 1000 Ring Building, Washington, DC 20036. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Soda ash and lime, in bulk, in tank and hopper- type vehicles, from the facilities of Kerr-McGee Chemical Corp., at Westend and Trona, CA, to points in AZ, NV, and NM, under a continuing contract with Kerr-McGee Chemical Corp., of Los Angeles, CA. (Hearing site: San Francisco or Los Angeles, CA.)
MC 139658 (Sub-26F), filed July 11, 1978. Applicant: HARRY POOLE, INC., 2322 Kensington Road, Macon, GA 31201. Representative: Wm. Addams, Suite 212, 5299 Roswell Road NE., Atlanta, GA 30342. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) fertilizer and fertilizer materials, in bulk, in dump trucks, between the facilities of Pelham Phosphate Co., at or near Pelham, GA* and the facilities of Kerr-McGee Co., at or near Cotton- dale, FL; (2) slag, in bulk, in dump tnicks, from points in Jefferson County, AL, to (a) the facilities of Kerr-McGee Co. at or near Jericho, SC, and (b) those points in FL in and west of Jefferson County; and (3) fertilizer and fertilizer materials, in bulk, in dump trucks, between the facilities of Kerr-McGee Co., at or near Jericho, SC, on the one hand, and, on the other, points in AL, FL, and GA. (Hearing site: Atlanta, GA.)
MC 140755 (Sub-53F), filed July 13, 1978. Applicant: BRAY TRANSPORTS, INC., a Colorado corporation, 1401 North Little Street, P.O. Box 270,
-Cushing, OK 74023. Representative: Charles D. Midkiff (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Petroleum products, in bulk, from points in OK to points in MO. (Hearing site: Oklahoma City, OK.)
MC 140800 (Sub-2F), filed June 16, 1978. Applicant: COLONIAL TRANSPORTATION, INC., P.O. Box 448, McMinnville, TN 37110. Representative: Robert L. Baker, 618 United American Bank Building, Nashville, TN 37219. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Electric motors, generators, brake drums, disk brakes, (2) parts for the commodities named in (1) above, and (3) materials and equipment, used in the manufacture of the commodities in (1) and (2) above (except commodities in bulk), (1) between points in TN, on the one hand, and, on the other, points in AL, AR, GA, IN, IA LA, MI, MN, TN, TX, and WI, and (2) between Watertown, NY, on the one hand, and, on the other, points in AL, AR, GA, IL, Ili, MO, MS, MI, MN, NJ, NY, OH, PA, TX, VA, and WI, under continuing contract with Gould, Inc., of St. Louis, MO. (Hearing site: Washington, DC.)
MC 140829 (Sub-120F*), filed July 10, 1978. Applicant: CARGO CONTRACT CARRIER CORP., P.O. Box 206, U.S. Hwy 20, Sioux City, IA 51102. Representative: William J. Hanlon, 55 Madison Avenue, Morristown, NJ 07960. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meats, meat products and meat byproducts as described in section A of appendix I to the report in Descriptions’in Motor Carrier Certificates, 61 MCC 209 and 766 (except hides and commodities in bulk), from the facilities of Dugdale Packing Co., at or near Darr, NE, to points in AL, CT, DE, FL, GA, ME, MD, MS, LA, NH, NJ, NY, NC, PA, RI, SC, TN, TX, VT, VA, WV, and DC, restricted to the transportation of traffic originating at the named origin and destined to the indicated destinations. (Hearing site: Washington, DC.)
MC 140898 (Sub-3F), filed June 23, 1978. Applicant: KENDRICKTRUCKING CORP., P.O. Box 19097, Louisville KY 40229. Representative: William P. Whitney, Jr., 708 McClure Building, Frankfort, KY 40601. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Printed matter, from the facilities of the R. L. White Co., at Louisville, KY, to points in the United States (except Birmingham, AL, Atlanta, GA, Bloomington, Champaign, Peoria, and Springfield, IL, Fort Wayne, IN, Dayton and Toledo, OH, Erie and Philadelphia, PA, Charleston, SC, Chattanooga and Nashville, TN, Roanoke, VA, Madison, WI, and points in their respective commercial zones, and AK and HI); and (2) paper and paper products, from points in the United
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NOTICES 36565States (except AK and HI), to the facilities of the R. L. White Co., at Louisville, KY, restricted in (1) and (2) above to the transportation of traffic originating at the origins and destined to the indicated destinations. (Hearing site: Louisville or Lexington, KY.)
MC 141751 (Sub-3F), filed June 19, 1978. Applicant: M.P.C. TRUCKING, INC., Cold Stream Road, Kimberton, PA 19442. Representative: Alan Kahn, 1920 Two Penn Center Plaza, Philadelphia, PA 19102. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Roofing and coating materials, and paints, and (2) materials and equipment used in the manufacture and distribution of the commodities in (1) above, between Garland, TX, on the one hand, and, on the other, points in AL, AZ, AR, CA, CO, ID, KS, LA, MI, MO, NM, NV, OK, OR, TN, UT, WA, and WY, under a continuing contract with Monsey Products Co., Inc., of Kimberton, PA. (Hearing site: Washington, DC or Philadelphia, PA.)
MC 142145 (Sub-6F), filed July 5, 1978. Applicant: LINDSAY TRANSPORTATION, INC., P.O. Box 156, Lindsay, NE 68644. Representative: Bradford E. Kistler, P.O. Box 82028, Lincoln, NE 68501. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Steel buildings, hydraulic presses, grain tanks, crop dryers, com cribs, and fencing; and (2) parts and accessories for the commodities in (1) above, from the facilities of Behlen Manufacturing Co., at or near Columbus, NE, to points in the United States (except AK, HI and NE); and(3) materials and iequipment used in the manufacture and distribution of commodities named in (1) and (2) above (except in bulk, in tank vehicles), in the reverse direction, under continuing contract with Behlen Manufacturing Co., Division of Wickes Corp., of Columbus, NE. (Hearing site: Omaha, NE.)
MC 142999 (Sub-7F), filed July 7, 1978. Applicant: TRANSPORT MANAGEMENT SERVICE CORP., Route 332 and Terry Drive, Newtown, PA 18940. Representative: Ronald N. Cobert, Suite 501, 1730 M Street NW., Washington, DC 20036. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Chemicals(except in bulk), plastic articles, feed supplements, and dyes, (1) from Jamesburg, Findeme, Kearney, Carl- stadt, and Washington, NJ, to points in AL, AR, AZ, CA, FL, GA, LA, MS, NM, NC, OR, SC, TN, TX, AND WA; and (2) from Charlotte, NC and Whi- testone, SC, to points in NJ and MA, under continuing contract in (1) and
(2) above, with BASF Wyandotte Corp., of Parsippany, NJ. (Hearing site: Washington, D.C.)
MC 144050 (Sub-IF), filed June 6, 1978. Applicant: COORS DISTRIBUTING CO. OF NORTH PLATTE, INC., 642 North Willow Street, North Platte, NE 69101. Representative: Joseph A. Shaughnessy, P.O. Box 8, North Platte, NE 69101. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Malt beverages, in containers, from Golden, CO, to Gering and North Platte, NE, under continuing contract with North Coors of West Nebraska, Inc., of Gering, NE, and Coors Distributing Co. of North Platte, Inc., of North Platte, NE. (Hearing site: Lincoln or Omaha, NE.)
MC 144366 (Sub-IF), filed June 15, 1978. Applicant: FROST-PAK CO., a Corporation, P.O. Box 215, Swedes- boro, NJ 08085. Representative: Chester A. Zyblut, 366 Executive Building, 1030 Fifteenth Street NW., Washington, DC 20005. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Flour, bakery mixes, dessert preparations, gravies, bakery goods, potato products, and sugar substitutes (except in bulk), in vehicles equipped with mechanical refrigeration, from Buffalo, NY, to Mechanicsburg, PA. (Hearing site: Washington, DC.)
MC 144568 (Sub-IF), filed July 10, 1978. Applicant: S.W. TRANSPORT, INC., a Delaware corporation, 800 Ouellette Street, Marieville, PQ, Canada JOL 1JO. Representative: Donald E. Cross, 918 16th Street NW., Washington, DC 20006. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Bolts, nails, screws, nuts, washers, fasteners, wire, wire mesh, rods, bars, wire fabric, and, fencing, from Rouses Point, NY, to points in AL, AR, CA, CO, CT, DE, FL, GA, IL, IN, IA, KS, KY, LA, MD, ME, MA, MI, MN, MS, MO, NE, NV, NH, NJ, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, and WI, under a continuing contract with Sivaco Wire & Nail Co., and Industrial Fasteners, Ltd., of Marieville, PQ, Canada. (Hearing site: Montpelier, VT or Burlington, VT.)
N ote.—(1) Applicant shall conduct separately its for-hire carriage and other business operations, (2) it shall maintain separate accounts and records for each operation, and (3) it shall not transport property as both a private and for-hire carrier in the same vehicle at the same time.
MC 144580F, filed April 3, 1978. Applicant: DICKEY TRANSFER & STORAGE, INC., 1430 South Parallel Avenue, Fresno, CA 93702. Representative: James H. Gulseth, 100 Buch Street, San Francisco, CA 94104. Au
thority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Used household goods, between points in Tulare, Kings, and Fresno Counties, CA, restricted to shipments having a prior or subsequent movement, in containers, beyond the points authorized and further restricted to the performance of pickup and delivery service in connection with the packing, crating, anc containerization or unpacking, uncrating, and decontainerization of such shipments. (Hearing site: Fresno, CA.)
MC 144731 (Sub-IF), filed June 15, 1978. Applicant: DAILEY TRUCKING, INC., 2935 Moreland Avenue., Conley GA 30027. Representative: Michael J. Kovacich, 101 Trust Building., Decatur, GA 30030. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Floor covering installation materials (except in bulk), from Conyers, GA, to points in the United States (except AK, HI, AZ, CA, CO, ID, MT, NV, NM, ND, OR, SD, UT, WA, and WY), under a continuing contract with Taylor Industries, of Conyers, GA. (Hearing site: Atlanta, GA.)
MC 144732 (Sub-IF*), filed June 23, 1978. Applicant: S & S TRUCKING, INC., Alzada Star Route, Belle Fourche, SD 57717. Representative: Pete C. Shear (same address as applicant). Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Coal (1) from points in Campbell County, WY, to points in Crook County, WY, and (2) from points in Rosebud, Custer, and Powder River Counties, MT, to points in Crook County, WY and Butte County, SD. (Hearing site: Belle Fourche or Rapid City, SD.)
MC 144778 (Sub-2F), filed July 3, 1978. Applicant: HI-RAIL SERVICE CO. a corporation, 1819 Peachtree Road NE., Suite 622, Atlanta, GA 30309. Representative: Charlene M. Martin (same address as applicant). Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Repair and replacement parts for railroad cars, (1) between North Augusta, SC and Jacksonville, FL, on the one hand, and, on the other, Atlanta, Augusta, Duluth, Macon, Savannah, and Way- cross, GA; and (2) between Jacksonville, FL, and North Augusta, SC, under a continuing contract with Trailer Train Co., of Chicago, IL. (Hearing site: Atlanta, GA or Chicago, IL.)
MC 144824 (Sub-IF), filed June 1, 1978. Applicant: GARY L. JOHNSON d.b.a. GARY L. JOHNSON TRUCKING, 1121 Sherman Avenue, Dallas, TX 75220. Representative: D. Paul
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36566 NOTICES
Stafford, Suite 1125 Exchange Park, Dallas, TX 75245. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (l)(a) Meat and cheese, and (b) agricultural commodities, the transportation of which is otherwise exempt from economic regulation under section 203(b)(6) of the Interstate Commerce Act, when moving in mixed loads with the commodities named in (IXa), from the facilities of Skaggs Super Center, Inc., at or near Richardson, TX, to the facilities of Skaggs Super Center, at or near Oklahoma City and Tulsa, OK, Albuquerque, NM, Lafayette and Baton Rouge, LA, and Little Rock, AR: (2) meat and cheese, from Carthage, MO; (3) meat from Wichita, KS, and Roswell, NM; and (4) bananas from Gulfport, MS, to the facilities of Skaggs Super Center, at on near Richardson, TX, under a continuing contract with Skaggs Super Center, Inc., of Richardson, TX. (Hearing site: Dallas, TX.)
MC 144846 (Sub-2F), filed June 14, 1978. Applicant: TRANSTATES, INC., a Delaware corporation, 3216 East Westminister, Santa Ana, CA 92703. Representative: David P. Christianson, 707 Wilshire Boulevard, Suite 1800, Los Angeles, CA 90017. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Lamps and display materials, from Charleroi, PA, to points in CA, OR, WA, AZ, and NV. (Hearing site: Huntington, PA.)
MC 144850P, filed June 5, 1978. Applicant: JEROLD HARTH, Box 201, Osakis, MN 56360. Representative: Val M. Higgins, 1000 First National Bank Building, Minneapolis, MN 55402. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Equipment and materials used in the manufacture of cement silos, from Plainfield, IL, to points in MN and ND; and (2) agricultural wheels, and parts of agricultural wheels, from Plainfield, IL, to points in MN, ND, and SD. (Hearing site: St. Paul, MN.)
MC 144880F, filed June 12, 1978. Applicant: AJ TRUCKING SERVICE, INC., P.O. Box 545, Aberdeen, SD 57401. Representative: Steven K. Kuhlmann, P.O. Box 82028, Lincoln, NE 68501. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Sugar (except in bulk), from Chaska, MN, to Denver, CO, Hutchinson, KS, Kansas City and Springfield, MO, Omaha, NE, and Mason City, IA. (Hearing site: Minneapolis, MN or Sioux Falls, SD.)
N ote.—The carrier must satisfy the Commission that its common control possibilities are either approved by the Commission or do not require Commission approval.
MC 144971F, filed June 16, 1978. Applicant: RAYMOND C. GRIFFITH, d.b.a. GRIFFITH TRANSPORT, P.O. Box 244, Esbon, KS 66941. Representative: Eugene W. Hiatt, 207 Casson Building, 603 Topeka Boulevard, Topeka, KS 66603. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Feed, from Kansas City and St. Joseph, MO, to those points in KS bounded by a line beginning at the intersection of the KS-NE State line and U.S. Hwy 81, then south' along U.S. Hwy 81 to intersection U.S. Hwy 24, then west along U.S. Hwy 24 to intersection U.S. Hwy 183, then north along U.S. Hwy 183 to the KS-NE State line, then east along the KS-NE State line to the point of beginning. (Hearing site: Salina or Topeka, KS.)
MC 144975F, filed June 30, 1978. Applicant: ROAD RUNNER TRUCKING CO., INC., Perry Hill Road, Coventry, RI 02816. Representative: Ronald N. Cobert, Suite 501, 1730 M Street NW., Washington, DC 20036. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: (1) Garden hose, plastic pellets, plasticizers, chemicals and scrap (except in bulk), from Brownsville, TN, to points in AL, AZ, AR, CA, CO, FL, GA, ID, IL, IN, IA, KS, KY, LA, MA, MI, MN, MS, MO, MT, NE, NV, NM, NC, ND, OH, OK, OR, RI, SD, SC, TX, UT, WA, WI, and WY; and (2) materials and equipment used in the manufacture and distribution of the commodities described in (1) above (except in bulk), in the reverse direction, under continuing contract with Teknor Apex Co., of Pawtucket, RI. (Hearing site: Washington, DC or Boston, MA.)
P assenger Au t h o r ity
MC 52362 (Sub-5F), filed June 20, 1978. Applicant: MARINEL TRANSPORTATION, INC., Ward Way, North Chelmsford, MA 01863. Representative: Robert V. Cauchon, 100 Federal Street, Boston, MA 02110. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Passengers and their baggage, in the same vehicle with passengers, between Westminster, MA, and Salem, NH, from Westminster over MA Hwy 2 to junction Interstate Hwy 495, then over Interstate Hwy 495 to junction Interstate Hwy 93, then over Interstate Hwy 93 to junction NH Hwy 28, then over NH Hwy 28 to junction NH Hwy 97, then over NH Hwy 97 to Salem, and return over the same route, serving the intermediate point of Leominster, MA. (Hearing site: Boston >or Lowell, MA.)
B roker A u t h o r ity
MC 130509F, filed June 20, 1978. Applicant: ROBERT LAMBERT, d.b.a. LAMBERT TOURS, 404 East Main Street, Suite 2-A, Ventura, CA 93001. Representative: Michael S. Rubin, 256 Montgomery Street, 5th Floor, San Francisco, CA 94104. Authority granted to engage in operations, in interstate or foreign commerce, as a broker, at Ventura, C'A, in arranging for the transportation by motor vehicle, of: Passengers and their baggage in the same vehicle with passengers in round trip special and charter operations, beginning and ending at Ventura, CA, and extending to points in the United States, including AK and HI. (Hearing site: Ventrua or Los Angeles, CA.)
[FR Doc. 78-22942 Filed 8-16-78; 8:45 am]
[7035-01][Volume No. 1103
PETITIONS, APPLICATIONS, FINANCE M A H E R S (IN C LU DING TEMPORARY AUTHORITIES), RAILROAD ABANDO NM ENTS, ALTERNATE ROUTE D EVIATIO NS, A N D INTRASTATE APPLICATIONS
August 11,1978.
P e t it io n s for M o d ific a tio n , I nterpretatio n or R einstatem en t o f O p erating R ig h ts Au t h o r ity
The following petitions seek modification or interpretation of existing operating rights authority, or reinstatement of terminated operating rights authority.
All pleadings and documents must clearly specify the suffix (e.g. M1F, M2F) numbers where the docket is so identified in this notice.
An original and one copy of protests to the granting of the requested authority must be filed with the Commission within 30 days after the date of this notice. Such protests shall comply with special rule 247(e) of the Commission’s general rules of practice (49 CFR 1100.247)1 and shall include a concise statement of Protestant’s interest in the proceeding and copies of its conflicting authorities. Verified statements in opposition should not be tendered at this time. A copy of the protest shall be served concurrently upon petitioner’s representative, or petitioner if no representative is named.
MC 61592 (M2F) (notice of filing of petition to add an origin point), filed May 23, 1978. Petitioner: JENKINS TRUCK LINE, INC., P.O. Box 697, Jeffersonville, IN 47130. Representative: E. A. DeVine, P.O. Box 737, Moline, IL 61265. Notice of filing of
Copies of special rule 247 (as amended) can be obtained by writing to the Secretary, Interstate Commerce Commission, Washington, D.C. 20423.
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
petition to add an additional origin point: Petitioner holds a motor common carrier certificate in MC 61582 (Sub-84), issued July 3, 1968, reissued under MC 61592, lead certificate, January 10, 1975, authorizing transportation, as pertinent, over irregular routes of: Incinerators, knocked down, and accessories therefor, including blow pipe (except those, the transportation of which, because of size or weight, requires the use of special equipment), from Memphis, TN, and points in the Memphis, TN, commercial zone, as defined by the Commission, to points in AZ, CO, IL, IN, KS, ME, MN, MT, NM, OH, PA, SD, VT, and WV. By instant petition, petitioner seeks to modify the above authority by adding the commodity description of environmental control equipment and parts and accessories therefor.
MC 61825 (Sub-60) (M1F) (notice of filing of petition to modify certificate by changing shipper and modifying territory), filed April 14, 1978. Petitioner: ROY STONE TRANSFER CORP., P.O. Box 385, Collinsville, VA 24078. Representative: John D. Stone (same address as petitioner). Petitioner holds a motor common carrier certificate in MC 61825 (Sub-60) issued May 11, 1976, authorizing transportation, over irregular routes, of: Foodstuffs (except frozen foodstuffs and commodities in bulk), from Red Creek, Egypt, Rushville, Waterloo, Fairport, Lyons, Newark, and Syracuse, NY, to points in GA, MD, NC, SC, TN, VA, WV, and DC. Restriction: The operations authorized herein are restricted to the transportation of shipments originating at the facilities of Comstock Foods, Division of Borden, Inc., at the above-named origins and destined to the above-named destinations. By the instant petition, petitioner seeks to modify the above authority by adding Alton, Leicester, Le Roy, Shortsville, South Dayton, NY, as origin points and to modify the restriction to read: The operations authorized herein are restricted to the transportation of shipments originating at the facilities of Curtice-Bums, Inc., at the above-named origins and destined to the above-named destinations.
MC 111729 (Sub-520, -543, -555, -571, -595, and -622) (M1F) (notice of petition to modify restriction), filed: May 22, 1978. Petitioner: PUROLATOR COURIER CORP., 3333 New Hyde Park Road, New Hyde Park, NY 11040. Representative: Peter A. Greene, 900 17th Street, NW., Washington, DC 20006. Petitioner holds motor common carrier certificates in MC 111729 (Sub- 520, -543, -555, -571, -595, and -622) issued as follows: March 2, 1978, November 17, 1977, February 21, 1978, March 18, 1978, November 21, 1977,
NOTICES
and May 4, 1977, respectively authorizing transportation: (A) In the Sub-520 certificate—over irregular routes, of: General commodities (except articles of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, those requiring special equipment, and commercial papers, documents and written instruments as used in the business of banks and banking institutions), (1) between points in IA, MN, ND, and SD; and (2) between points in SD, on the one hand, and, on the other, points in NE subject to several restrictions including the following: “Restricted against the transportation of packages weighing more than 50 pounds, with each package or article considered a separate and distinct shipment.” By the instant petition, petitioner seeks to modify the foregoing restriction by deletion of the phrase “with each package or article considered as a separate and distinct shipment.”
(B) In the Sub-543 certificate—over irregular routes, of: General commodities (except articles of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, those requiring special equipment, cash letter, commercial documents, business records, audit and accounting media, and advertising materials), (1) between points in DE, MD, VA, WV, and DC; and (2) between points in PA, on the one hand, and, on the other, points in DE, MD, VA, WV, and DC subject to several restrictions including the following: “Restricted against the transportation of packages weighing more than 50 pounds with each package or article considered a separate and distinct shipment.” By the instant petition, petitioner seeks to modify the foregoing restriction by deletion of the phrase “with each package or article considered a separate and distinct shipment.”
(C) In the Sub-555 certificate—over irregular routes, of: General commodities (except household goods, commodities in bulk, explosives, articles of unusual value, and commodities which because of their size and weight require special equipment; and commercial paper, documents, and written instruments as are used in the business of banks and banking institutions), (1) between points in AR and LA, on the one hand, and, on the other, points in TX and OK; (2) between points in NM on the one hand, and, on the other, points in TX and OK; and (3) between points in TX, on the one hand, and, on the other, points in OK subject to several restrictions including the following: “No service shall be provided for the transportation of packages weighing more than 50 pounds and each package or article shall be considered
36567
a separate and distinct shipment.” By the instant petition, petitioner seeks to modify the foregoing restriction by deletion of the phrase “and each package or article shall be considered a separate and distinct shipment.”
(D) In the Sub-571 certificatë—over irregular routes, of: General commodities moving in courier service (except articles of unusual value, classes A and B explosives, commodities in bulk, household goods as defined by the Commission, commodities requiring special equipment; and commercial papers, documents, and written instruments as are used in the business of banks and banking institutions), between points in IA, KS, MO, and NE subject to several restrictions including the following: “Restricted against the transportation of packages weighing more than 50 pounds, with each package or article considered to be a separate and distinct shipment.” By the instant petition, petitioner seeks to modify the foregoing restriction by deletion of the phrase “with each package or article considered to be a separate and distinct shipment.”
(E) In the Sub-595 certificate—over irregular routes, of: General commodities (except household goods as defined by the Commission, commodities in bulk, explosives, articles of unusual value, and commodities which because of their size or weight require the use of special equipment, and commercial paper, documents, and written instruments as are used in the business of banks and banking institutions), between points in CO and WY subject to several restrictions including the following: “No service shall be provided for the transportation of packages weighing more than 50 pounds and each package or article shall be considered a separate and distinct shipment.” By the instant petition, petitioner seeks to modify the foregoing restriction by deletion of the phrase “and each package or article shall be considered a separate and distinct shipment.”
(F) in the Sub-622 Certificate—over irregular routes, of general commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, those which because of size or weight require the use of special equipment, and commercial papers, documents and written instruments as are used in the business of banks and banking institutions), between Spokane, WA, on the one hand, and, on the other, Lewiston and Moscow, ID, subject to several restrictions including the following: “Restricted against the transportation of packages or articles weighing more than 50 pounds with each package or article considered a separate and distinct shipment.” By the instant peti-
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36568 NOTICES
tion, petitioner seeks to modify the foregoing restriction by deletion of the phrase “with each package or article considered a separate and distinct shipment.”
Petitioner states that the proposed modifications to the above-described certificates will not effect the present weight limitations but will only eliminate unnecessary multiple documentation and assessment of multiple per shipment minimum charges.
MC 113429 (Sub-3) (M1F) (notice of filing of petition to modify permit) filed May 26, 1978. Petitioner: MIKE CONTRIS d.b.a. CONTRIS TRUCKING, Route 1, Harrod, OH. Representative: James Duvall, P.O. Box 97, 220 West Bridge Street, Dublin, OH 43017. Petitioner holds a motor contract carrier permit in MC 113420 (Sub-3), issued January 4, 1978, authorizing transportation over irregular routes: Machine parts and materials used in the manufacture or repair of construction equipment (except bulk commodities and commodities which because of size or weight requires special handling and the use of special equipment), between Lima, OH on the one hand, and, on the other, points in the Unites States (except AK, HI, and OH). Restricted to the transportation of shipments not exceeding 5,000 pounds moving from one consignor to one consignee on a single day. Under a continuing contract or contracts with Clark Equipment Co. of Lima, OH. By the instant petition, petitioner seeks to delete the restrictions “commodities which because of size or weight requires special handling and the use of special equipment”, and “shipments not exceeding 5,000 pounds moving from one consignor to one consignee in a single day”.
MC 115311 (Sub-49) (M2P) (notice of filing of petition to modify certificate), filed May 30, 1978. Petitioner: J & M TRANSPORTATION CO., INC., P.O. Box 488, Milledgeville, GA 31061. Representative: Edward Wolcott, P.O. Box 872, Atlanta, GA 30301. Petitioner holds a motor common carrier certificate in MC 115311 (Sub-49) issued March 2, 1967, authorizing transportation over irregular routes of Sugar (except in bulk, in tank vehicles), (1) from Gramercy, LA, to points in FL, GA, NC, SC, and TN, (2) from Houma, LA, to points in AL and MS, (3) from Reserve, Houma, Mathews, and Supreme, LA, to points in FL, GA, and TN, and (4) from Reserve, LA, to points in NC and SC. By the instant petition, petitioner seeks to add New Orleans, LA, as an origin point in (3) and (4) above.
MC 129467 (M1F) (notice of filing of petition to modify permit), filed February 1, 1978. Petitioner: B-N, INC., P.O. Box 232, El Dorado, KS 67042.
Representative: Clyde N. Christey, Suite 514, Capitol Federal Building, 700 Kansas Avenue, Topeka, KS 66603. Petitioner holds a motor contract carrier permit in MC 129467, issued June 23, 1978, authorizing transportation, over irregular routes, of industrial asphalt, in bulk, in tank vehicles, from Augusta and El Dorado, KS, to Kansas City, MO, under a continuing contract(s) with Trumbull Asphalt Co. of Kansas City, MO, and Pester Refining Co. of El Dorado, KS. By the instant petition, petitioner seeks to modify the above authority by adding CertainTeed Corp. as an additional contracting shipper.
MC 139113 (M1F) (notice of filing of petition to modify permit), filed May 23, 1978. Petitioner: HUDSONTRANSPORTATION, INC., P.O. Box 847, Troy,'AL 36081. Representative: William Jackson, Jr., P.O. Box 1240, Arlington, VA 22210. Petitioner holds a motor contract carrier permit in MC 139113 issued April 3, 1978, authorizing transportation, over irregular routes, of: (1) Mayonnaise, salad dressing and salad dressing products, mustard, ketsup, jelly, tartar sauce, gelatin, and gelatin products, from the facilities of Brundidge Foods, Inc., at Brundidge, AL, and Troy, AL, to points in the United States in and east of MN, IA, MO, KS, OK, and TX (except points in ME, VT, and NH); and (2) materials, equipment and supplies used in the manufacture and distribution of the commodities named in (1) above, from points .in the United States in and east of MN, IA, MO, KS, OK, and TX (except points in ME, VT, and NH), to the facilities of Brundidge Foods, Inc., at Brundidge, AL, and Troy, AL, under a continuing contract, or contracts, in (1) and (2) above with Brundidge Foods, Inc., of Brundidge, AL, (3) Such commodities as are dealt in by wholesale, retail, and chain grocery and food business houses, from points in the United States in and east of MN, IA, MO, KS, OK, and TX (except points in ME, VT, NH) to the facilities of Benson Wholesale Co., Inc., at or near Geneva, AL, under a continuing contract(s) with Benson Wholesale Co., Inc.,' of Geneva, AL, (4) Such commodities as are dealt in by wholesale, retail, and chain grocery and food business houses, from points in the United States in and east of MN, IA, MO, KS, OK, and TX (except points in ME, VT, and NH), to the facilities of Institutional Distributors, Inc., at or near Geneva, AL, under a continuing contracts) with Institutional Distributors, Inc., of Geneva, AL (5) Such commodities as are dealt in by wholesale, retail, and chain grocery and food business houses, from points in the United States in and east of MN, IA, MO, KS, OK, and TX (except points in ME, VT, and NH), to
the facilities of Southland Grocery Co., Inc., at or near Columbus, GA, under a continuing contract(s) with Southland Grocery Co., Inc., of Columbus, GA, (6) Such commodities as are dealt in by wholesale, retail and chain grocery and food business houses, from points in the United States in and east of MN, IA, MO, KS, OK, and TX (except points in ME, VT, and NH), to the facilities of E. J. Keefe, Inc., at or near Lakeland, FL, under a continuing contracts) with E. J. Keefe, Inc., of Lakeland, FL. Restriction: The authority granted herein is restricted against the transportation of shipments in vehicles equipped with mechanical refrigeration, and further restricted against the transportation of commodities in bulk. By the instant petition, petitioner seeks to modify the above authority by deleting the restriction which reads “restricted against the transportation of shipments in vehicles equipped with mechanical refrigeration.”
MC 139495 (Sub-116) (M1F) (Sub- 182) (M1F), (Notice of filing of petition to modify Certificates to substitute a point), filed May 26, 1978. Petitioner: NATIONAL CARRIERS, INC., 1501 East Eighth Street, P.O. Box 1358, Liberal, KS 67901. Representative: Herbert Alan Dubin, 1320 Fenwick Lane, Silver Spring, MD 20910. Petitioner was issued Certificates of Public Convenience and Necessity authorizing it to operate as a common carrier, by motor vehicle, over irregular routes, transporting, in MC 139495 (Sub-116) issued November 14, 1977, (1) crude rubber and hoses from the facilities of Electric Hose & Rubber Co., at or near Wilmington, DE, to Alliance and McCook, NE; and (2) hoses (a) from the facilities of Electric Hose & Rubber Co. at or near Wilmington, DE, to points in CA, and (b) from the facilities of Electric Hose & Rubber Co. at or near McCook and Alliance, NE, to points in CA, WA, OH, GA, and PA; and in MC 139495 (Sub-182) issued May 17, 1978, hose from Olney, TX, to Los Angeles, CA, Elmhurst, IL, and Wilmington, DE. By the instant petition, petitioner seeks to substitute Cornwells Heights, PA, wherever Wilmington, DE, appears in the authority.R epu blica tion s of G rants of O perat
in g R ig h ts A u t h o r ity P r io r toCer tific a tio n
The following grants of operating rights authorities are republished by order of the Commission to indicate a broadened grant of authority over that previously noticed in the F ederal R eg ister .
An original and one copy of a petition for leave to intervene in the proceeding must be filed with the Commission within 30 days after the date
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36569of this F ederal R eg ister notice. All pleadings and documents must clearly specify the "F” suffix where the docket is so identified in this notice. Such pleading shall comply with Special Rule 247(e) of the Commission’s General Rules of Practice (49 CFR 1100.247) addressing specifically the issue(s) indicated as the purpose for republication, and including copies of intervemor’s conflicting authorities and a concise statement of interven- or’s interest in the proceeding setting forth in detail the precise manner in which it has been *prejudiced by lack of notice of the authority granted. A copy of the pleading shall be served concurrently upon the carrier’s representative, or carrier if no representative is named.
MC 2368 (Sub-69) (republication), filed October 19, 1977, published in the F ederal R eg ister issue of December 8, 1977, and republished this issue. Applicant: BR ALLEY -WILLETTTANK LINES, INC., P.O. Box 495, Richmond, VA 23204. Representative: William T. Marshburn (same address as applicant). A decision of the Commission, review board No. 1, decided July 26, 1978, and served August 1, 1978, finds that the present and future public convenience and necessity require operation, by applicant, in interstate or foreign commerce, as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Vegetable oils and vegetable oil products, in bulk, in tank vehicles, from the facilities of Cargill, Inc., at or near Gainesville, GA,-to those points in the United States in and east of MN, IA, NE, KS, OK, and TX; and (2) vegetable oils, in bulk, in tank vehicles, from points in AL, AR, DE, IL, IN, IA, KS, KY, LA, MD, MN, MS, MO, NE, NC, OH, OK, SC, TN, TX, VA, FL, NJ, NY, and PA, to the facilities of Cargill, Inc., at or near Gainesville, GA, that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to modify the commodity and territorial description.
MC 103993 (Sub-892) (republication), filed May 16, 1977, published in the F ederal R eg ister issue of June 30, 1977, and republished this issue. Applicant: MORGAN DRIVE-AWAY, INC., 28651 U.S. 20 West, Elkhart, IN 46514. Representative: Paul D. Borghesani (same address as applicant). A decision of the Commission, review board No. 2, decided July 10, 1978, and served July 31, 1978, finds that the present and future public convenience and necessity require operation, by applicant, in interstate or foreign commerce, as a common carrier, by motor vehicle, over irregular routes, transporting: (1)
Trailers designed to be drawn by passenger automobiles (except travel trailers and camping trailers), in initial movements, from New Ulm, MN, Eupora, MS, Concord, NH, Jay, OK, Lancaster, WI, and points in AR, CA, CO, LA, NY, NC, OR, SC, TN, and VA, to points in the United States (except AK and HI); and (2) buildings, complete or in sections, mounted' on wheeled undercarriages, from origins which are points of manufacture, from Concord, NH, and points in CO, NY, NC, SC, and VA, to points in the United States (except AK and 'HI), that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to modify the commodity and territorial description.
MC 107002 (Sub-522) (republication), filed November 8, 1977, published in the F ederal R eg ister issue of January 26, 1978, and republished this issue. Applicant: MILLER TRANSPORTERS, INC., P.O. Box 1123, Jackson, MS 39205. Representative: John J. Borth, P.O. Box 8573, Battlefield Station, Jackson, MS 39204. A decision of the Commission, review board No. 1, served July 25, 1978, and served July 28, 1978, finds that the present and future public convenience and necessity require operation, by applicant, in interstate or foreign commerce, as a common carrier, by motor vehicle, over irregular routes, transporting: Vegetable oils arid vegetable oil products, in bulk, in tank vehicles, from the facilities of Cargill, Inc., at or near Gainesville, GA, to those points in the United States in and east of MN, IA, NE, KS, OK, and TX; and (2) vegetable oils, in bulk, in tank vehicles, from points in AL, AR, DE, FL, IL, IN, IA, KS, KY, LA, MD, MN, MS, MO, NE, NJ, NY, NC, OH, OK, PA, SC, TN, TX, and VA, to the facilities of Cargill, Inc, at or near Gainesville, GA, that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to modify the commodity and territorial description.
MC 121817 (republication), filed March 31, 1977, published in the F ederal R eg ister issue of April 28, 1977 as Alaska docket 77-114-MC/O, and republished this issue; Applicant: ANDY’S FLYING SERVICE, INC., P.O. Box 307, Kenai, AK 9961J. Representative: Andrew E. Hoge, 3201 “C” Street, Suite 706, Anchorage, AK 99503. A decision of the Commission, review board No. 4, decided July 14, 1978, and served July 21, 1978, finds
that applicant may conduct operations in interstate or foreign commerce within limits which do not exceed the scope of the intrastate operations for which applicant holds certificate A- 555, embraced in the order dated May 26, 1978, issued by the Alaska Transportation Commission, which authorizes operations as a common carrier, by motor vehicle, solely within the State of Alaska in the transportation of: General commodities having a prior or subsequent movement by air by Andy’s Flying Service, Inc., or when Andy’s Flying Service, Inc., is the agent for the air freight forwarder of the shipment. Between the Kenai and/or Soldotna Municipal Airports, and all points and places within a twenty-five (25) mile radius thereof. Restriction: Service is restricted to shipments of 1,500 pounds or less. The applicant is authorized to unitize this authority with its present authority to provide service to, from and between all points under the combined authorities. The purpose of this republication is to reflect applicant’s actual grant of authority.
MC 126305 (Sub-87) (republication), filed November 22, 1977, published in the FR issue of January 26, 1978, and republished this issue. Applicant: BOYD BROS. TRANSPORTATION CO., INC., R.D. 1, Clayton, AL 36016. Representative: George A. Olsen, P.O. Box 357, Clayton, AL 07934. A decision of the Commission, Review Board No. 1, decided July 17, 1978, and served July 19, 1978, finds that the present and future public convenience and necessity require operation, by applicant, in interstate or foreign commerce, as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Molded rubber products and parts and accessories therefor (except commodities in bulk), from the facilities of Murray Rubber Co., in ft arris County, TX, to points in NJ, OH, VA, AL, GA, PA, NC, NY, MI, LA, AR, FL, KY, and TN; and (2) materials and equipment used in the manufacturing, processing, and distribution of the commodities named in (1) above (except commodities in bulk), in the reverse direction, that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to broaden the origin point by the addition of KY and TN in part (1) above.
MC 130475 (republication), filed January 23, 1978, published in the FR issue of March 9, 1978, and republished this issue. Applicant: ELEANOR YORK, d.b.a. YORK TOURS, 148 North Front Street, Medford, OR 97501. Representative: Starling R. Reese, 1220 North Ross Lane, Med-
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36570 NOTICES
ford, OR 97501. A decision of the Commission, Review Board No. 2, decided June 29, 1978, and served July 17, 1978, finds that the present and future public convenience and necessity require operations by applicant in interstate or foreign commerce as a broker by motor vehicle, over irregular routes, in the transportation of Passengers and their baggage, in special or charter operations, between points in the United States (including AK and HI), that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to modify the commodity and territorial description.
MC 134477 (Sub-196) (republication), filed November 11, 1977, published in the FR issue of December 30, 1977, and republished this issue. Applicant: SCHANNO TRANSPORATION, 5 West Mendota Road, West St. Paul, MN 55118. Representative: Robert P. Sack, P.O. Box 6010, West St. Paul, MN 55118. A decision of the Commission, Review Board No. 2, decided June 8, 1978, and served July 5, 1978, finds that the present and future public convenience and necessity require operations by applicant in interstate or foreign commerce as a common carrier, by motor vehicle, over irregular routes, in the transportation of Foodstuffs (except commodities in bulk), from the facilities of Sanna Division of Beatrice Foods Co., located at or near Cameron, Eau Claire, Menomonie, Vesper, and Wisconsin Rapids, WI, to points in GA, KY, NC, SC, and TN, restricted to the transportation of traffic originating at the named origin facilities and destined to the named destination, that applicant is fit, willing, and able properly to perfrom such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to add SC as a destinations, point.
MC 143616 (Sub-4) (republication), filed January 25, 1978, published in the FR issue of March 2, 1978, and republished this issue. Applicant: M & S TRANSPORT LINES, INC., P.O. Box 417, Sultana, CA 93666. Representative: Dwight L. Koerber, Jr., 805 McLachlen Bank Building, 666 11th Street NW., Washington, DC 20001. A decision of the Commission, Review Board No. 1, decided July 17, 1978, and served August 1, 1978, finds that the present and future public convenience and necessity require operations by applicant in interstate or foreign commerce as a contract carrier, by motor vehicle, over irregular routes, in the transportation of Adhesives, spray lu
bricating oil, caulking compounds, putty, plaster, wood filler, covering and filler materials, synthetic resins, foam insulation compounds, and foundry core compounds, (except commodities in bulk), from Basinbridge, NY, to points in TX and CA, under a continuing contract or contracts with Borden Chemical Division of Borden, Inc.,*of Columbus, OH, will be consistent with the public interest and the national transportation policy; that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission’s rules and regulations. The purpose of this republication is to modify the commodity description.
M otor Carrier , B ro ker , W ater C arr ie r and F reig h t F orwarder O per ating R ig h ts A pplic a tio n s
The following applications are governed by Special Rule 247 of the Commission’s General Rules of Practice (49 CFR 1100.247). these rules provide, among other things, that a protest to the granting of an application must be filed with the Commission within 30 days after the date of notice of filing of the application is published in the F ederal R eg ister . Failure to seasonably file a protest will be construed as a waiver of opposition and participation in the proceeding. A protest under these rules should comply with section 247(e)(3) of the rules of practice which requires that it set forth specifically the grounds upon which it is made, contain a detailed statement of protestant’s interest in the proceeding (including a copy of the specific portions of its authority which protestant believes to be in conflict with that sought in the application, and describing in detail the method—whether by joinder, interline, or other means—by which protestant would use such authority to provide all or part of thé service proposed), and shall specify with particularity the facts, matters, and things relied upon, but shall not include issues or allegations phrased generally. Protests not in reasonable compliance with the requirements of the rules may be rejected. The original and one copy of the protest shall be filed with the Commission, and a copy shall be served concurrently upon applicant’s representative, or applicant if no representative is named. All pleadings and documents must clearly specify the “F” suffix where the docket is so identified in this notice. If the protest includes a request for oral hearing, such requests shall meet the requirements of section 247(e)(4) of the special rules, and shall include the certification required therein.
Section 247(f) further provides, in part, that an applicant who does not
intend timely to prosecute its application shall promptly request dismissal thereof, and that failure to prosecute an application under procedures ordered by the Commission will result in dismissal of the application.
Further processing steps will be by Commission decision which will be served on each party of record. Broadening amendments will not be accepted after the date of this publication except for good cause shown, and restrictive amendments will not be entertained following publication in the F ederal R egister of a notice that the proceeding has been assigned for oral hearings.
Each applicant states that there will be no significant effect on the quality of the human environment resulting from approval of its application.
MC-200 (Sub-304F), filed April 14, 1978. Applicant: RISS INTERNATIONAL CORP. (a Delaware corporation), 903 Grand Avenue, Kansas City, MO 64106. Representative: Rodger J. Walsh, 903 Grand Avenue, Kansas City, MO 64106. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meat, 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 MCC 209 and 766 (except hides and commodities in bulk), from the facilities of MBPXL Corp., at Nebraska City, NE, to points in AR, CT, DE, IL, IN, IA, KS, KY, ME, MD, MA, MI, MN, MO, NH, NJ, NY, OH, OK, PA, RI, TX, VA, VT, WV, WI, and DC. (Hearing site: Omaha, NE or Kansas City, MO).
MC 14215 (Sub-13F), filed April 14, 1978. Applicant: SMITH TRUCK SERVICE, INC., P.O. Box 1329, Steubenville, OH 43952. Representative: James R. Stiverson, 1396 West Fifth Avenue, Columbus, OH 43212. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting Lime and limestone products, in bulk, from points in OH and KY on and east of Interstate Hwy 65 to Weirton, WV. (Hearing site: Columbus, OH.)
MC 16961 (Sub-9F), filed April 14, 1978. Applicant: HUTCHINS TRUCKING CO., a corporation, 1000 Congress Street, Portland, ME 04102. Representative: Peter L. Murray, 30 Exchange Street, Portland, ME 04111. Authority granted to operate as a contract carrier, by motor vehicle, over irregular routes, transporting such merchandise as is dealt in by wholesale, retail and general grocers, and food business houses (except commodities in bulk), between South Portland, ME, on the one hand, and, on the other, the facilities of Hannaford Bros. Co.,
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NOTICES 36571located at points in Vermont. (Hearing site: Portland, ME, or Boston, MA.)
MC 52861 (Sub-42F), (correction), filed April 14, 1978, previously noticed in the F ederal R egister issue o f July 20, 1978. Applicant: WILLS TRUCKING, INC., 5755 Granger Road, Cleveland, OH 44131. Representative: PaulF. Beery, 275 East State Street, Columbus, OH 43215. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Scrap metals, in dump vehicles, between points in IL, IN, OH, MI, PA, KY, and WV, in nonradial movement. (Hearing site: Columbus, OH.)
Note.—The purpose of this republication is to include the State of IL, which was omitted' from the previous F ederal R egister notice.
MC 57239 (Sub-28F), filed April 14, 1978. Applicant: RENNER’S EXPRESS, INC., 1350 South West Street, Indianapolis, IN 46206. Representative: Roland Rice, 501 Perpetual Building, 1111 E Street, NW., Washington, DC 20004. Authority sought to operate as a common carrier, by motor vehicle, over regular routes, transporting: general commodities, (except articles of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and commodities requiring special equipment), (A) between Coldwater, MI, and Sturgis, MI, serving all intermediate points as follows: From Cold- water over U.S. Hwy 12 to Sturgis, and return over the same route, (B) between Lansing, MI, and St. Johns, MI, serving all intermediate points as follows: From Lansing over U.S. Hwy 27 to St. Johns and return over the same route, (C) between Angola, IN, and Adrian, MI, serving no intermediate points: From Angola over U.S. Hwy 20 to junction OH Hwy 109, then over OH Hwy 109 to junction MI Hwy 52, then over MI Hwy 52 to Adrian, and return over the same route; and (D) between Angola, IN, and Morenci, MI, serving no intermediate points: From Angola over U.S. Hwy 20 to junction OH Hwy 108, then over OH Hwy 108 to junction MI Hwy 156, then over MI Hwy 156 to Morenci, and return over the same route. (Hearing site: Detroit, MI.)
MC 59856 (Sub-81F), filed: April 14, 1978. Applicant: SALT CREEK FREIGHTWAYS, a corporation, 3333 West Yellowstone, Casper, WY 82602. Representative: John R. Davidson, Room 805, Midland Bank Building, Billings, MT 59101. Authority granted to operate as a common carrier, by motor vehicle, over irregular routes, transporting: General commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, com
modities in bulk, and those requiring special equipment, between Cody, WY, and junction of U.S. Hwy 310 and MT Hwy 308 near Bridger, MT: From Cody, WY, over WY Hwy 120, MT Hwys 397 and 308 to the junction of U.S. Hwy 310 and MT Hwy 308 and return over the same route, serving no intermediate points, as an alternate route to carrier’s otherwise authorized regular route, for operating convenience only. (Hearing site: Cody, WY, or Billings, MT.)
Note.—Common control may be involved.MC 65019 (Sub-8F), filed April 14,
1978. Applicant: BEATRICE MOTOR FREIGHT, INC., 123 Court Street, Beatrice, NE 68310. Representative: JackL. Shultz, P.O. Box 82028, Lincoln, NE 68501. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Store fixtures, from the facilities of Store Kraft Manufacturing Co. located at or near Beatrice, NE, to points in OK and TX. (Hearing site: Lincoln, NE.)
MC 98864 (Sub-5F), filed April 14, 1978. Applicant: EDWARD SITAR TRUCKING CO., INC.', 2501 South Artesian, Chicago, IL 60608. Representative: H. Neil Garson, 3251 Old Lee Highway, Suite 400, Fairfax, VA 22030. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (a) Steel sheets and steel plates, pickled and oiled, used in the manufacture of battery trays and battery parts, from the warehouse facility of the Robinson Steel Co. at East Chicago, IN to the plant site of the Westinghouse Electric Corp., KW Battery Division at London, KY; (b) Battery trays and battery parts, from the plant site of the Westinghouse Electric Corp., KW Battery Division at London, KY, to the plant site''of the Westinghouse Electric Corp., KW Battery Division at Skokie, IL; (c) Batteries and battery parts, from the plant site of the Westinghouse Electric Corp. KW Division at Skokie, IL, to the plant site of the Westinghouse Electric Corp. KW Division at London, KY. (Hearing site: Chicago, IL.)
Note.—Applicant holds a Certificate of Registration in Docket No. MC 98864 (Sub-1) Applicant in Docket No. MC 98864 (Sub-2) seeks conversion of its Certificate of Registration to a Certificate of Public Convenience and Necessity...
MC 102616 (Sub-947F), filed March 31, 1978 (correction). Published in the F ederal R egister issue of June 22, 1978, and republished as corrected this issue. Applicant: COASTAL TANK LINES, 250 N. Cleveland Massillon Road, Akron, OH 44313. Representative: David F. McAllister (same address as applicant). Authority sought to operate as a common carrier by motor
vehicle, over irregular routes transporting: Commodities in bulk between points in the United States (except AK and HI.) (Hearing site: Houston, TX, or Chicago, IL.)
Note.—The purpose of th is republication is to clarify the authority sought.
MC 104654 (Sub-159F), filed April 14, 1978. Applicant: COMMERCIAL TRANSPORT, INC., P.O. Box 469, Belleville, IL 62222. Representative: Edward G. Villalon, 1032 Pennsylvania Building, Pennsylvania Avenue and 13th Street NW., Washington, DC 20004. Authority sought to engage in operation, in interstate or foreign commerce, as a common carrier, by motor vehicle, over irregular routes, transporting: Petroleum products, in bulk, from Light, AR, to points in AR, ftfO, IL, TN, and KY. (Hearing site: St. Louis, MO, or Little Rock, AR.)
MC 103698 (Sub-798F), filed April 14, 1978. Applicant: NATIONALTRAILER CONVOY, INC., 525 South Main, Tulsa, OK 74103. Representative: Irvin Tull, 525 South Main, Tulsa, OK 74103. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Composition board, from the facilities of the Celotex Corp., at or near Elizabethtown, KY, to points in CT, RI, MA, NH, VT, ME, NY, and NJ. (Hearing site: Tampa, FL.)
MC 106497 (Sub-154F), filed April 14, 1978. Applicant: PARKHILLTRUCK CO., a corporation, P.O. Box 912, Joplin, MO 64801. Representative: A. N. Jacobs, P.O. Box 113, Joplin, MO 64801. Authority sought to operate as a common carrier, by motor vehicle over irregular routes, transporting: (1) Commodities, the transportation of which because of their size or weight requires the use of special equipment or handling, and parts of commodities, the transportation of which because of their size or weight requires the use of special equipment or handling; and (2) self-propelled articles, each weighing15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith (restricted to self-propelled articles which are transported on trailers), between points in WI, on the one hand, and, on the other, points in IL, IN, and KY. (Hearing site: Milwaukee, WI.)
Note.—Common control may be involved.MC 106497 (Sub-155F), filed April
14, 1978. Applicant: PARKHILLTRUCK CO., a corporation, P.O. Box 912, Joplin, MO 64801. Representative: A. N. Jacobs, P.O. Box 113, Joplin, MO 64801. Authority sought to operate as a common carrier, by motor vehicle over irregular routes, transporting: (1) Commodities, the transportation of which because of size or weight requires the use of special equipment,
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36572 NOTICES
and related machinery, parts, and related contractors' materials and supplies when their transportation is incidental to the transportation by carrier of commodities which be reason of size or weight require the use of special equipment; (2) self-propelled articles, each weighing 15,000 pounds or more, and related machinery, tools, parts, and supplies moving in connection therewith—restricted to commodities which are transported on trailers; between points in MT and ID, on the one hand, and, on the other, points in WY, CO, NM, KS, OK, TX, LA, AR, MO, IA, WI, IL, IN, and KY. (Hearing site: Salt Lake City, UT.)
N ote.—Common control may be involved.MC 108053 (Sub-145F), filed April
14, 1978. Applicant: LITTLE AUDREY’S TRANSPORTATION CO., INC., P.O. Box 129, Fremont, NE 68025. Representative; Arnold L. Burke, 180 North LaSalle Street, Chicago, IL 60601. 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 (except hides and commodities in bulk), as defined in sections A and C of Appendix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766. From the facilities of Wilson Foods Corp. at Monmouth, IL, to points in AR, ID, MT, NV, UT, and WY. Restricted to the transportation of traffic originating at the above named origins and destined to the named destinations. (Hearing site: Washington, DC.)
N ote,—Common control may be involved.MC 109397 (Sub-414F), filed April
14, 1978. Applicant: TRI-STATEMOTOR TRANSIT CO., a corporation, P.O. Box 113, Joplin, MO 64801. Representative: A. N. Jacobs (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Iron and,[ steel gabions (except in bulk), from Reno, NV, to points in the United States (except AK and HI). (Hearing site: Reno, NV.)
N ote.—Common control may be involved.MC 110659 (Sub-26F), filed April 14,
1978. Applicant: COMMERICAL CARRIERS, INC., 975 Virginia Street, West, Charleston, WV 25302. Representative: John M. Friedman, 2930 Putnam Avenue, Hurricane, WV 25526. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Malt beverages, in containers and used empty containers upon return from Cleveland and Columbus, OH to Huntington, WV. (Hearing site: Charleston, WV.)
MC 113855 (Sub-419F), filed April 14, 1978. Applicant: INTERNATIONAL TRANSPORT, INC., 2450 Marion Road SE., Rochester, MN 55901. Representative: Alan Foss, 502 First National Bank Building, Fargo, ND 58102. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, in interstate or foreign commerce, transporting: Aircraft ground support equipment, baggage and cargo handling equipment and vehicles therefore, passenger loading and aircraft servicing maintenance vehicles and equipment and related parts for all above, from Van Nuys, CA, to points in the United States, including AK (but excluding HI). (Hearing site: Los Angeles, CA.)
N ote.—Common control may be involved.MC 115975 (Sub-28F), filed April 14,
1978. Applicant: C.B.W. TRANSPORT SERVICE, INC., P.O. Box 48, Wood River, IL 62985. Representative: Ernest A. Brooks II, 1301 Ambassador B u ild in g, St. Louis, MO 63101. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Petroleum oils and grease, in bulk, in tank vehicles, from Bakerstown, PA, Woodhaven, MI, and Jefferson County, TX, to points in the United States (except AK and HI), under a continuing contract or contracts with Mobil Oil Corp. (Hearing site: Washington, DC.)
MC 117574 (Sub-312F) (correction), filed March 31, 1978. Published in the F ederal R eg ister issue of June 8, 1978 and republished as corrected this issue. Applicant: DAILY EXPRESS, INC., P.O. Box 39, 1076 Harrisburg Pike, Carlisle, PA 17013. Representative: James W. Hagar, P.O. Box 1166, 100 Pine Street, Harrisburg, PA 17108. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Commodities, the transportation of which because of size or weight, require the -use of special equipment, and related materials, supplies, and parts of such commodities when their transportation is incidental, thereto; and (2) self-propelled articles, each weighing 15,000 pounds or more, and related machinery, tools, parts, and supplies, moving in connection therewith; and (3) iron, steel, and aluminum articles, between points in CT, DE, IL, IN, IA, KY, ME, MD, MA, MI, MN, MO, NH, NJ, NY, OH, PA, RI, VT, VA, WV, WI, and DC, on the one hand, and, on the other, points in AL, AR, FL, GA, LA, MS, NC, SC, and TN. The purpose of this correction is to remove the restriction of “restricted to the transportation of self-propelled articles transported on trailers.” (Hearing site: Washington, DC or Chicago, IL.)
N ote.—The carrier m ust satisfy th e Commission th a t its common control possibilities are either approved by th e Commission or do not require Commission approval.
MC 119974 (Sub-75F), filed April 3, 1978. Applicant: LCL TRANSIT CO., 949 Advance Street, Green Bay, WI 54304. Representative: L. F. Abel, P.O. Box 949, Green Bay, WI 54305. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Vegetable oils and vegetable oil products in bulk, in tank vehicles, between Decatur, IN, on the one hand, and, on the other, Kansas City, KS, and points in IL, IN, IA, KY, MI, MN, MO, OH, and WI. (Hearing site: Chicago, IL or Washington, DC)
MC 121496 (Sub-lOF), filed April 14, 1978. Applicant: CANGO CORP., Suite 2900, 1100 Milam Building, Houston, TX 77002. Representative: E. Stephen Heisley, 805 McLachlen Bank Building, 666 Eleventh Street NW., Washington, DC 20001. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Petroleum and petroleum products, vehicle sealer and/or sound deadener compounds, in bulk, in tank vehicles, from points in Marion County, TN to points in the United States (except AK and HI). (Hearing site: Pittsburgh, PA or Washington, DC.)
MC 121783 (Sub-2F), filed April 14, 1978. Applicant: WEST-PAK, INC., 3987 San Pablo Avenue, P.O. Box 8704, Emeryville, CA 94662. Representative*: Walter H. Walker III, 100 Pine Street, Suite 2550, San Francisco, CA 94111. Authority sought to operate as a common carrier, by motor vehicle, over regular routes, transporting: General commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk,* and those requiring special equipment), restricted to packages each weighing not more than 100 pounds, and further restricted against the transportation of more than 500 pounds in the aggregate from one consignor at one location to one consignee at one location during a single day, (1) between Redding, CA, and the international boundary line between the United States and the Republic of' Mexico over Interstate Hwy 5, (2) between Calpella and Los Angeles, CA, over U.S. Hwy 101, (3) between San Francisco and Pacifica, CA, over CA Hwy 1, (4) between Santa Cruz and San Clemente, CA, over CA Hwy 1, (5) between San Francisco, CA, and Elko, NV, over Interstate Hwy 80, (6) between San Diego, CA, and Las Vegas, NV, over Interstate Hwy 15, (7) between San Rafael and Santa Cruz, CA, over CA Hwy 17, (8) between Sacra-
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36573mento, CA, and Carson City, NV, over U.S. Hwy 50, (9) between Reno and Carson City, NV, over U.S. Hwy 395, (10) between Truckee, CA, and Tahoe Valley, CA, over CA Hwy 89, (11) between Placerville and Sonora, CA, over CA Hwy 49, (12) between Sonora and Modesto, CA, over CA Hwy 108, (13) over CA Hwy 120, between junction Interstate Hwy 5 and CA Hwy 120 and Oakdale, CA, (14) between Stockton and Jackson, CA, over CA Hwy 88, (15) over CA Hwy 124, between Plymouth, CA, and junction CA Hwys 124 and 88, near lone, CA, (16) between Lodi and Lockeford, CA, over CA Hwy 12, (17) over CA and NV Hwys 28, between Tahoe City, CA, and junction Interstate Hwy 50 and Nevada Hwy 28, near Spooner’s Summit, NV, (18) over CA Hwy 99, between Red Bluff, CA, and junction Interstate Hwy 5 and CA Hwy 99 at Wheeler Ridge, CA, (19) over CA Hwy 20 between Williams, CA, and junction California Hwy 20 and Interstate Hwy 80 near Cisco, CA, (20) between Orland and Chico, CA, over CA Hwy 32, (21) between Marysville and Roseville, CA, over CA Hwy 65, (22) over CA Hwy 45 between junction CA Hwys 45 and 32, near Hamilton City, CA, and Knight’s Landing, CA, (23) over CA Hwy 113, between Knight’s Landing, CA, and junction CA Hwy 113 and Interstate Hwy 80,(24) over CA Hwy 4, between junction CA Hwy 4 and Interstate Hwy 80 near Pinole, CA, and junction Interstate Hwy 5, near Stockton, CA, (25) over CA Hwy 37, between junction U.S. Hwy 101 and CA Hwy 37, near Novato, CA, and junction CA Hwy 37 and Interstate Hwy 80 near Vallejo, CA, (26) between Calpella and Upper Lake, CA, over CA Hwy 20, (27) over CA Hwy 29, between Upper Lake, CA, and junction CA Hwy 29 and Interstate Hwy 80 near Vallejo, CA, (28) over CA Hwy 12, between Santa Rosa, CA, and junction CA Hwys 12 and 29 near Napa, CA, (29) over CA Hwy 24, between Oakland, CA, and junction CA Hwys 24 and 4, near Concord, CA, (30) over Interstate Hwy 680, between junction Interstate Hwys 680 and 80 at Cordelia, CA, and junction CA Hwy 17 near Fremont, CA, (31) over Interstate Hwy 580, between San Lorenzo, CA, and junction Interstate Hwys 580 and 5, (32) between San Francisco, and San Jose, CA, over Interstate Hwy 280, (33) over CA Hwy 152, between Gilroy, CA, and junction CA Hwys 152 and 99, near Chowchilla, CA, (34) over CA Hwy 156, between junction CA Hwys 156 and 152 and junction U.S. Hwy 101 and CA Hwy 156, near San Juan Bautista, CA, (35) between Hollister and Squaw Valley, CA, over CA Hwy 180, (36) between Squaw Valley and Tulare, CA, over CA Hwy 63, (37) between San Lucas and Exeter, CA, over CA Hwy 198, (38) over CA Hwy 65, be
tween Exeter, CA, and junction CA Hwys 65 and 99, near Oildale, CA, (39) over CA Hwy 43, between Selma, CA, and junction CA Hwy 43 and Interstate Hwy 5, (40) between Tracy, and Maricopa, CA over CA Hwy 33, (41) over CA Hwy 132, between junction CA Hwy 132 and Interstate Hwy 580 and Modesto, CA, (42) between Gus- tine and Merced, CA, over CA Hwy 140, (43) over CA Hwy 70, between junction CA Hwys 70 and 149 near Oroville, and Marysville, CA, (44) over CA Hwy 46, between Paso Robles, CA, and junction CA Hwys 46 and 99, near Famoso, CA, (45) over CA Hwy 166, between Maricopa, CA, and junction CA Hwys 166 and 99 near Wheeler Ridge, CA, (46) over CA Hwy €6, between junction Interstate Hwy 5 and CA Hwy 66, near Glendale, CA, and San Bernardino, CA, (47) over Interstate Hwy 10, between junction Interstate Hwys 5 and 10 and Redlands, CA, (48) over CA Hwy 60, between junction CA Hwy 60 and Interstate Hwy 5 and Riverside, CA, (49) over CA Hwy 71, between junction CA Hwy 71 and Interstate Hwy 10 near La Verne, CA, and junction CA Hwy 71 and Interstate Hwy 15, near Murrieta Hot Springs, CA, (50) between Buena Park and Riverside, CA, over CA Hwy 91, (51) over CA Hwy 91, between junction CA Hwys 55 and 91, near Olive, CA, and Santa Ana, CA, (52) over Interstate Hwy 405, between San Fernando, CA, and junction Interstate Hwys 405 and 5, near Irvine, CA, (53) between San Juan Capistrano and Perris, CA, over CA Hwy 74, (54) over CA Hwy 78 between junction CA Hwy 78 and Interstate Hwy 5, near Oceanside and Escondido, CA, (55) between San Diego and El Cajon, CA, over Interstate Hwy 8, (56) over Interstate Hwy 505, between junction Interstate Hwys 505 and 5, near Dunnigan, CA, and junction Interstate Hwy 80 and Interstate Hwy 505 near Vacaville, CA, and (57) between Monterey and Salinas, CA over CA Hwy 68, serving off-route points in San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, Sonoma, Napa, Solano, Sacramento, San Joaquin, Stanislaus, Merced, Fresno, Madera, and Ventura Counties, CA, and points in San Diego County, CA, west of Interstate Hwys 395 and 805 and points in the Los Angeles Basin Territory. (Hearing site: San Francisco, CA.)
Note.—T he purpose of th is application is to convert from certificate of registration to certificate of public convenience and necessity.
MC 123681 (Sub-34F), filed April 14, 1978. Applicant: WIDING TRANSPORTATION, INC., P.O. Box 03159, Portland, OR 97203. Representative: Earle V. White, 2400 SW. Fourth Avenue, Portland, OR 97201. Authority sought to operate as a common car
rier by motor vehicle, over irregular routes, transporting: (1) Commodities, which by reason of size or weight require special handling or the use of special equipment, and commodities which do not require special handling or the use of special equipment when moving in the same shipment on the same bill of lading as commodities which by reason of size of weight require special handling or the use of special equipment, (2) self-propelled articles (except new passenger automobiles in truckaway service), transported on trailers, and related machinery, tools, parts, and supplies moving in connection therewith, (3) iron and stell articles as decribed in appendix V to the Commission’s report in Descriptions in Motor Carrier Certificates, Ex parte MC 45, 61 M.C.C. 209 and 766,(4) pipe other than iron or steel, together with fittings; and (5) construction materials (except commodities in bulk); between points in CA and NV, on the one hand, and, on the other, points in OR, WA, and ID. (Hearing site: Portland, OR.)
Note.—(a) Applicant will tack authority sought with Canadian operating authority at ports of entry on the international boundary line between the United States and Canada in WA and ID; and (b) by joinder of proposed authority with that issued in MC 123681 (sub-17) applicant will provide .through service between MT, on the one hand, and, on the other, CA and NV via OR and WA.
MC 125951 (Sub-35F), filed April 4, 1978. Applicant: SILVEY REFRIGERATED CARRIERS, INC., 7000 West Center Road, Suite 325, Omaha, NE 68106. Representative: Robert M. Cimino (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Frozen fish, frozen onion rings, and frozen bakery products (except in bulk), from the facilities used by Boston Bonnie, Inc., and Boston Bonnie Bakers, Inc., at or near Boston, MA, to points in NE, KS, MO, MN, OH, IL, PA, KY, IN, CO, IA, AR, MI, and WV. (Hearing site: Boston, MA.)
Note.—Applicant holds contract carrier authority in MC 135033, therefore dual operations may be involved.
MC 126358 (Sub-22F), filed March 31, 1978, and previously noticed in the F ederal R eg ister issue of June 29, 1978. Applicant: LAWRENCE L. BENNETT, d.b.a. BENNETT TRUCKING CO., P.O. Box 526, Hawkinsville, GA 31036. Representative: Paul M. Dan- iell, P.O. Box 872, Atlanta, GA 30301. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Veneer, from Hawkinsville, GA, to points in AL, FL, IN, KY, MI, MS, NC, SC, TN, TX, VA, and WI; and (2) lumber (except plywood and veneer),
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36574 NOTICES
from Hawkinsville, GA, to points in AL, NC, SC, TN, and VA. (Hearing site: Jacksonville, FL.)
Note.—Common control may be involved. This republication indicates the correct subnumber of this proceeding.
MC 128273 (Sub-301F), filed April 14, 1978. Applicant: MIDWESTERN DISTRIBUTION, INC., P.O. Box 189, Fort Scott, KS 66701. Representative: Elden Corban, P.O. Box 189, Fort Scott, KS 66701. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paper and paper products and products produced or distributed by manufacturers and converters of paper and paper products (except commodities in bulk, in tank vehicles), (1) from Hartford City, IN, Ypsilanti, MI, and Evendale, Excello, Franklin, Hamil- tion, Lockland, Miamisburg, Middle- town, Norwood, Sharonville, and West Carrollton, OH, to those points in the United States in and east of WI, IL, KY, TN, and MS, and Minneapolis,MN, St. Louis, MO, and East St. Louis, IL, and points in St. Louis County,MO, (2) from the facilities of Beckett Paper Co. at Hamilton, OH, to points in ID, WI, MI, IN, OH, those points in IL on and north of U.S. Hwy 36, PA, NY, VT, ME, RI, NH, MA, CT, NJ, DE, MD, VA, WV, TN, MS, AL, GA, and FL, and Kansas City and Wichita, KS, Louisville, KY, New Orleans and Baton Rouge, LA, St. Louis, MO, Oklahoma City and Tulsa, OK, Dallas, Fort Worth, San Antonio, and Houston, TX, and Minneapolis and St. Paul,MN, and (3) from the facilities of Brown Bridge Mills, Inc., at Troy, OH, Howard Paper Mills, Inc., at Dayton and Urbana, OH, Crystal Tissue Co., at Middletown, OH, Duro Paper Bag Manufacturing Co., at Covington, Ludlow, and Erlanger, KY, and French Paper Co., at Niles, MI, to points in the United States (except AK and HI). (Hearing site: Cincinnati, OH, or Washington, DC.)
MC 133689 (Sub-192F), filed April 14, 1978. Applicant: OVERLAND EXPRESS, INC., 719 First Street SW., New Brighton, MN 55112. Representative; Robert P. Sack, P.O. Box 6010, West St. Paul, MN 55118. Applicant seeks authority as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs(except commodities in bulk) and plastic and rubber articles when moving in mixed shipments with foodstuffs, from the facilities of Ross Laboratories, Division of Abbott Laboratories, located at or near Altavista, VA to points in IL, IN, IA, KS, MI, MN, MO,NE, ND, OH, SD, and WI. (Hearing site: St. Paul, MN.)
MC 134035 (Sub-22F) (correction), filed April 3, 1978. Published in the F ederal R eg ister issue of June 22,
1978, and republished as corrected in this issue. Applicant: DOUGLAS TRUCKING CO., a corporation, Highway 75 South, P.O. Box 698, Corsicana, TX 75110. Representative: Clint Oldham, 1108 Continental Life Building, Fort Worth, TX 76102. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Candy and confectionery, between Lufkin, TX, on the one hand, and, on the other, points in the United States (except AK and HI); and (2) machinery, equipment, materials, and supplies, used in the manufacture and distribution of the commodities in (1) above, from points in the United States (except AK and HI), to Lufkin, TX. (Hearing site: Dallas or Houston, TX.)
Note.—The purpose of this correction is to make the movement in (1) radial.
MC 135797 (Sub-132F), filed April13, 1978, and previously noticed as Sub— 112F in the F ederal R eg ister issue of July 27, 1978. Applicant: J.B. HUNT TRANSPORT, INC., P.O. Box 200, Lowell, AR 72745. Representative: Paul R. Bergant, 10 South LaSalle Street, Suite 1600, Chicago, IL 60603. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are manufactured, distributed, or used by manufacturers of sporting goods and recreational equipment (except commodities in bulk), between the facilities of Frabill Manufacturing Co., at Milwaukee, WI, on the one hand, and, on the other, points in GA, OR, WA, NV, UT,ND, SD, NE, KS, OK, TX, MN, IA,MO, AR, LA, WI, IL, KY, TN, MS, MI, IN, AL, GA, FL, SC, NC, OH, WV, VA, PA, NY, MD, NJ, CT, MA, NH, ME, RI, DE, and VT. (Hearing Site: Milwaukee, WI).
N ote.—This republication indicates the correct sub-number.
MC 135874 (Sub-135F), filed April14. 1978. Applicant: LTL PERISHABLES, INC., 550 East Fifth Street South, South St. Paul, MN 55075. Representative: K.O. Petrick, 550 East Fifth Street South, South St. Paul, MN 55075. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Foodstuffs, (except commodities in bulk), in vehicles equipped with mechanical refrigeration, from Garden City Park, NY, to points in OH, MI, IL, IN, WI, MN, NE, ND, SD, MO, and KS. (Hearing site: New York City, NY.)
Note.—Common control may be involved.MC 136511 (Sub-22F), filed April 14,
1978. Applicant: VIRGINIA APPALACHIAN LUMBER CORP. 9640 Tim- berlake Road, Lynchburg, VA 24502. Representative; E. Stephen Heisley,
805 McLachlen Bank Building, 666 11th Street NW., Washington, DC 20001. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: New furniture and furniture parts, from points in Davidson, Graham, and Guilford Counties, NC, to points in OK and TX. (Hearing site: Charlotte, NC or Washington, DC.)
MC 136602 (Sub-7F), filed April 13, 1978. Applicant: ARIZONA WESTERN TRANSPORT, INC., P.O. Box F (Guadalupe Road), Chandler, AZ 85224. Representative: A. Michael Bernstein, 1441 East Thomas Road, Phoenix, AZ 85014. Authority sought to operate as a common carrier, over irregular routes, transporting: Agricultural chemicals, soil conditioners, amendments and fertilizers, between points in AZ, CA, CO, ID, NV, NM, TX, and UT. (Hearing site: Phoenix or Tucson, AZ.)
Note.— The purpose of this application is to convert applicant’s permits to certificates of public convenience and necessity.
MC 138328 (Sub-60F), filed: March 9, 1978 (correction), published in the FR issue of June 22, and republished as corrected in this issue. Applicant: CLARENCE L. WERNER, d.b.a. WARNER ENTERPRISES, 1-80 and Hwy 50, P.O. Box 37308, Omaha, NE 68137. Representative: Donna Ehrlich (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Plastic materials and plastic articles, and materials, equipment and supplies used in the manufacture, distribution and sale of plastics and plastic articles (except commodities in bulk, in tank vehicles, (1) from points in LA and TX to points in the United States (except AK and HI); (2) from Farmingdale and New Hyde Park, NY, to points in the United States (except AK, HI, and NY); and (3) from Marietta, OH, to points in the United States (except AK, HI and OH). (Hearing site: New York, NY.)
Note.—Applicant now holds contract authority under MC 133233; therefore, dual operations may be involved.
Note.—The purpose of this correction is to remove the “size and weight” restriction.
MC 138635 (Sub-53F), filed April 14, 1978. Applicant: CAROLINA WESTERN EXPRESS, INC., Box 3961, Gastonia, NC 28052. Representative: Eric Meierhoefer, Suite 712, 1511 K Street NW., Washington, DC 20005. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Candy and confectionery N.O.I. (1) from the facilities of E. J. Brach & Sons, Inc., located at or near Chicago and Sullivan, IL, to Reno, NV, and points in NC, SC, TN,
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NOTICES 36575PL, VA, and GA; and, (2) from the facilities of E. J. Brach & Sons, Inc., located at or near Reno, NV, to points in CA, WA, OR, and AZ. (Hearing site: Chicago, IL.)
Note.—Applicant holds contract carrier authority in MC 136464 and sub numbers thereunder; therefore, dual operations may be involved.
MC 139439 <Sub-2F), filed: April 14, 19.78. Applicant: WILLIAM EDWARDS, INC., County Road 1920, Verona, VA 24482. Representative: George A. Olsen, P.O. Box 357, Gladstone, NJ 07934. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Yams, fabrics, materials, equipment and supplies used or useful in the manufacture, sale, and distribution of yarns and fabrics (except commodities in bulk) between Staunton and Waynesboro, VA, and Wayne, NJ, on the one hand, and, on the other, points in NC, SC, VA, TN, GA, MD, DE, KY, WV, AL, PL, NJ, PA, MA, CN, RI, NY, ME, NH, VT., under continuing contract or contracts with United Yam Products Co., Inc., Spun- tex, Inc., Amerfab, Inc., Pibrespun, Inc., Amerspun Corp. of Wayne, NJ. (Hearing site: Washington, DC, or New York, NY.)
MC 140024 (Sub-104F), filed April 14, 1978. Applicant: J. B. MONTGOMERY, INC., 5565 East 52d Avenue, Commerce City, CO 80022. Representative: Charles J. Kimball, 350 Capitol Life Center, 1600 Sherman Street, Denver, CO 80203. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Paper and paper products, from ports of entry on the United States-Canadian Boundary, at or near Champlain, NY, to Dallas and Grant Prairie, TX; Lincoln, NE; Elk Grove Village, IL; Los Angeles, CA; and New Orleans, LA; and points in their commercial zones. (Hearing site: Denver, CO, Chicago, IL, or Burlington, VT.)
Note.—Common control may be involved.MC 141764 (Sub-7F), filed April 14,
1978. Applicant: BLACKHAWK ENTERPRISES, INC., 3149 Depot Road, Hayward, CA 94545. Representative: William D. Taylor, 100 Pine Street, Suite 2550, San Francisco, CA 94111. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Cleaning compounds, food supplements, vitamins, cosmetics, plastic articles, printed materials, and merchandise (except commodities in bulk), from the facilities used by Shaklee Corp. at or near Hayward, CA, to Atlanta, GA, under a continuing contract with Shaklee Corp., of Hayward, CÀ. (Hearing site: San Francisco, CA.)
MC 142516 (Sub-llF), filed April 14, 1978. Applicant: ACE TRUCKING CO., INC., 1 Hackensack Avenue, Kearny, NJ 07032. Representative: George A. Olsen, P.O. Box 357, Gladstone, NJ 07934. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Window glass, from the port of Newark, NJ, and the port of New York, NY, and its commercial zone, to Chicago, IL, under a continuing contract or contracts with Amworth Industries Corp, and Jazel Corp. (Hearing site: New York, NY, or Washington, DC.)
MC 142686 (Sub-6F), filed April 14, 1978. Applicant: MID-WESTERN TRANSPORT, INC., 10506 South Shoemaker, Santa Fe Springs, CA. Representative: Miles L. Kavaller, 315 South Beverly Drive, Suite 315, Beverly Hills, CA 90212. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Adhesives, sealants, coatings, paints, industrial waxes, floor maintenance equipment, specialty chemicals, hot melts, resins, dextrine emulsions, polymers, grouts, floor tile and carpet adhesives, caulks, wood glues, floor polishing and scrubbing machines, power sweepers, vacuum sweepers, industrial chemicals and waxes and detergents, disinfectants, hand cleaners, rug shampoos, upholstery shampoos, and floor sealers, and materials and supplies used in the manufacture and distribution thereof, except in bulk,
(1) Between Decatur and Palatine, IL; Clinton, IA; and Kansas City, KS, on the one hand, and on the other, Denver, CO (Littleton), La Mirada, south San Francisco and Newark, CA; Portland, OR; and Everett, WA; and
(2) Between Clariton, PA; Schenectady, NY; Chicago (Palatine), IL; Boston (Marlboro), MA; Baltimore, MD; Edison, NJ; Cincinnati (Blue Ash), OH; Detroit, MI; and Buffalo, NY, on the one hand, and on the other, St. Louis, MO; Kansas City, MO; Denver, CO (Littleton); La Mirada, Newark and South San Francisco, CA and Portland, OR; and
(3) Between points in FL, GA, NC, SC, AL, MS, New Orleans, LA, Dallas (Mesquite), Houston, and Beaumont, TX, on the one hand, and, on the other hand, La Mirada, south San Francisco, Newark, CA, and Portland, OR; and
(4) Between La Mirada, Newark and south San Francisco, CA, and Portland, OR, on the one hand, and, on the other, points in OR, WA, MT, UT, WY, and ID.
(5) Between Fridley (Minneapolis), MN, Grand Rapids, MI, Chicago (Palatine), IL, and Philadelphia, PA, on the one hand, and, on the other hand, Kansas City, KS, Denver (Littleton),
La Mirada, and south San Francisco, CA; Portland, OR, and Seattle, WA.
Under continuing contract or contracts with H. B. Fuller Co. (Hearing site: Portland, OR.)
Note: Common control may be involved.MC 143868 (Sub-IF), filed April 14,
1978. Applicant: R.E.T.E.N.O. CARRIERS, INC., 2001 North Tyler, Suite H, South El Monte, CA 91733. Representative: William J. Monheim, P.O. Box 1756, Whittier, CA 90609. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Coil steel, in vehicles, equipped with, mechanical refrigeration, and bar steel, from Aliquippa and Farrell, PA, Youngstown, OH, Indianapolis, IN, and Chicago, IL, to the ports of entry on the International Boundary Line between the United States and Canada located at or near Blaine, WA, restricted to traffic having a subsequent movement in foreign commerce to Burnaby and Victoria, BC, Canada, under a continuing contract, or contracts, with Windsor Machine Co., Ltd., or Burnaby, BC, Canada. (Hearing site: Los Angeles, CA.)
MC 144463 (Sub-IF), filed April 14, 1978. Applicant: PIERSON TRUCKING CO., a corporation, 7355 Southeast Johnson Creed Boulevard, P.O. Box 22141, Milwaukie, OR 97222. Representative: Lawrence V. Smart, Jr., 419 Northwest 23d Avenue, Portland, OR 97210. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Rust preventative pipe line coating and coal tar products from the facilities of Koppers Co. at or near Fontana, CA, to points in Clackamas and Multnomah Counties, OR. (Hearing site: Portland, OR.)
MC 144547F (corrected), filed March 31, 1978. Published in the F ederal R eg ister issue of June 29, 1978, and republished, as corrected this issue. Applicant: DURA-VENT TRANSPORT CORP., 2525 El Camino Real, Redwood City, CA 94064. Representative: Barry Roberts, 888 17th Street NW., Washington, DC 20006. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting, vent pipe and f i t tings, flashings, chimney assemblies, stovepipes, wood burning fireplaces, and wood burning stoves, from Redwood City, CA, to points in the United States (except AK and HI). Under continuing contract or contracts with Dura-Vent Corp. (Hearing site: San Francisco, CA, or Washington, DC.)
Note.—The purpose of this correction is to substitute vent pipe and fittings, flashings, wood burning fireplaces, and wood burning stoyes for the commodity “metal products.”
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36576 NOTICES
MC 144640 <Sub-2F), filed April 14, 1978. Applicant: AGRICULTURAL SERVIQES ASSOCIATION, INC., Washington Street, Bells, TN 38006. Representative: Charles Ephraim,1250 Connecticut Avenue NW., Suite 600, Washington, DC 20036. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Foods and food products, (A) from Bells, Humboldt, Rossville, and Memphis, TN, to points in the United States (except AZ, CA, ID, MT, AK, HI, NM, NV, OR, WA, and WY); (B) from Clark, SD, and Rochester, NY, to Little Rock, AR; (C) from Brockport, NY, to Little Rock, AR; Florence, AL; Atlanta, GA; and Memphis, TN; (D) from Darien, WI, to Houston, TX, and Schenectady, NY; and (E) from Metairie, LA, to Humboldt, TN. (2) Materials, supplies, and ingredients used in the preparation, packaging and distribution of foods and food products, from points in the United States (except AZ, CA, AK, HI, ID, MT, NM, NV, OR, WA, and WY) to points in TN and Brownsville, TX. (3) Canned goods, (A) from Mobile, AL; New Orleans, LA; Trenton, MO; and Houston TX, to Jackson, TN; (B) from Fond du Lac and Gillett, WI to Memphis, TN. (4) Frozen bread, from Dallas, TX, to Memphis, TN. (Hearing site: Memphis, TN; New York, NY; Orlando, FL.)
P assenger Applic a tio n s
MC 144537F, filed April 5, 1978. Applicant: MARVIN Y. NEELY and NANCY B. NEELY, a partnership, d.b.a. SHUN-PIKE TOURS, 100 South County Line Road, Telford, PA 18969. Representative: Dennis Helf, Sixth and Chestnut Streets, Perkasie, PA 18944. Authority sought to operate as a common carrier by motor vehicle, over irregular routes, transporting: Passengers and their baggage, in the same vehicle with passengers, limited to the transportation of not more than 12 passengers in any 1 vehicle, in special operations, between New York, NY, and points in Bucks, Montgomery, Lehigh, and Northampton Counties, PA. (Hearing site: Philadelphia, PA.)
B roker Appl ic a tio n
MC 130496F, filed April 11, 1978. Applicant: SPRINGFIELD AUTOMOBILE CLUB, a corporation, 755 Bechtle Avenue, Springfield, OH 45504. Representative: James R. Sti- verson, 1396 West Fiftft Avenue, P.O. Box 12241, Columbus, OH 43212. Authority sought to engage in operation in interstate or foreign commerce as a broker at Springfield, OH, to sell or offer to sell the transportation of passengers and their baggage in round trip special and charter operations, beginning and ending at points in Clark
County, OH, and extending to points in the United States including AK and HI. (Hearing site: Columbus, OH.)
F inance Applic a tio n s
The following applications seek approval to consolidate, purchase, merge, lease operating rights and properties, or acquire control through ownership of stock, or rail carriers of motor carriers pursuant to sections 5(2) or 210a(b) of the Interstate Commerce Act.
An original and two copies of protests against the granting of the requested authority must be filed with the Commission within 30 days after the date of this F ederal R egister notice. Such protests shall comply with Special Rules 240(c) or 240(d) of the Commission’s General Rules of Practice (49 CFR 1100.240) and shall include a concise statement of Protestant’s interest in the proceeding. A copy of the protest shall be served concurrently upon applicant’s representative, or applicant, if no representative is named.
MC-F-13545. Authority sought for purchase by RITEWAY TRANSPORT, INC., 2131 West Roosevelt, Phoenix, AZ 85005, of the properties and operating rights of THOMAS C. HEDLUND d.b.a. TELLURIDE TRANSFER, P.O. Box 326, Telluride, CO 81435. Transferor’s attorney: Charles J. Kimball, 350 Capitol Life Center, 1600 Sherman Street, Denver, CO 80203; Transferee’s attorney: William H. Shawn, 1730 M Street NW., Washington, DC 20036. Operating rights sought to be purchased: General commodities, with exceptions, as a common carrier over irregular routes between an area embracing all or part of Montrose, San Miguel, Dolores, Montezuma, La Plata, San Juan, Ouray, Hinsdale, Archuleta, and Mineral Counties, CO, on the one hand, and all points in CO, on the other, subject to certain territorial and service restrictioris, and general commodities, with exceptions, between Grand Junction and Rico, CO, between Delta and Rico, CO, and between Montrose and Rico, CO, as more fully described in Certificate MC 79148 and (Sub-2). Transferee is authorized to operate pursuant to Certificate MC 1334 and subsequent subnumbers as a common carrier in the States of AZ, CO, NM, and UT. Application has been filed for temporary authority under section 210a(b).
Note.—MC 1334 (Sub-20F) is a directly related matter.
MC-F-13678F. Authority sought for purchase by COLDWAY CARRIERS, INC., P.O. Box 2038, Clarksville IN 47130, of the operating rights of KENTUCKY TRANSPORT CORP, 400 Sherburn Lane, Louisville, KY 40207,
and for acquisition by HUBERT T. WILLIS, 501 South Second Street, Louisville, KY 40202, of control of such rights through the purchase. Ap- plicants’attomey: George M. Catlet, 708 McClure Building, Frankfort, KY 40601. Operating rights sought to be purchased: Such merchandise as is dealt in by wholesale, retail, and chain grocery and food business houses, and, in connection therewith, equipment, materials, and supplies, used in the conduct of such business as a contract carrier between points and places within the territory bounded by a line beginning at Madison, IN, and extending in a southeasterly direction through Carrollton, KY, Paris, Mount Sterling, and Jackson to Neon, KY, then in a southwesterly direction through Cumberland, Harlan, Middlesboro, KY, and Jellico, TN, to Shelbyville, TN, then west to Columbia, TN, then north through Franklin to Nashville, TN, then in a northwesterly direction through Clarksville, TN, to Mayfield, KY, then in a northeasterly direction through Paducah, KY, Carmi, and Mt. Carmel, IL, Petersburg, IN, and French Lick to Mitchell, IN, and then east through Scottsburg, IN, to Madison, including the points named. Between points and places in the above-specified territory on the one hand, and, on the other, points and places within the territory bounded by a line beginning at Mt. Carmel, IL, and extending in a northeasterly direction through Terre Haute, IN, to Indianapolis, IN, then in a southeasterly direction to the Ohio Rivier at a point 1 mile east of Lawrenceburg, IN, then across the river and along the south bank thereof to Covington, KY (including Cincinnati, OH), then south through Falmouth to Cynthiana, KY, then in a southeasterly direction through Carlisle to Jenkins, KY, then in a southwesterly direction through Morristown, TN, Knoxville, McMinnville, and Manchester to Fayetteville, TN, then west through Pulaski, to Memphis, TN, and then in a northeasterly direction through Hickman and Paducah, KY, and Carmi, IL, to Mt. Carmel, including the points named. Such merchandise as is dealt in by wholesale, retail, and chain grocery and food business concerns, and in connection therewith, equipment, materials, and supplies used in the conduct of such business, over irregular routes, between points and places in the territory bounded by a line beginning at Madison, IN, and extending in a southeasterly direction through Carrollton, Paris, and Mt. Sterling, KY, to Jackson, KY, then in a northerly direction to Morehead, KY, then in a northeasterly direction through Flemingsburg, KY, to Falmouth, KY, and then in a westerly direction through Dry Ridge, KY, to Madison.
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Between points and places in the above described territory on the one hand, and points and places in that part of KY bounded by a line beginning at Falmouth, KY, and extending in a southerly direction to Cynthiana, KY, then in a southeasterly direction through Carlisle, KY, to Jenkins, KY, and then in a northwesterly direction through Flemingsburg, KY, to Falmouth, on the other. Service herein authorized is an extension of said carrier’s existing operations. Restriction: The transportation service specified above must be performed under individual contracts or agreements, with persons (as defined in section 203(a) of the Interstate Commerce Act), who operate retail stores, the business of which is the sale of food. Foodstuffs (except meat), in containers, when moving in vehicles equipped with mechanical refrigeration, between Louisville, KY, on the one hand, and, on the other, Chicago and Joliet, IL, points in New York, NY, commercial zone as defined by the Commission and points in PA on and east of U.S. Hwy 220, except Bethlehem. Foodstuffs (except meat), in containers, between Bethlehem, PA, on the one hand, and, on the other, Louisville, KY, and Cincinnati, OH. Frit and pigment, in bags, from Baltimore, MD, to Louisville, KY, with no transportation for compensation on return except as otherwise authorized. Restriction: The operations authorized herein are limited to a transporation service to be performed, under a continuing contract, or contracts, with SCM Corp, on behalf of its Durkee Foods Division and Chemicals/Metal- lurgicals Division. Vendee is authorized to operate as a common carrier in AL, AR, CT, DE, DC, FL, GA, IL, IN, IA, KS, KY, LA, ME,- MD, MA, MI, MN, MS, MO, MT, NH, NJ, NY, NC, ND, OH, PA, RI, SC, SD, TN, VT, VA, WV, WI, and NE. Application has been filed for temporary authority under section 210a(b).
MC-F-13680F. Authority sought for purchase by BEKINS VAN LINES CO., 333 South Center Street, Hillside, IL 60162, of a portion of the operating rights of STERNBERGER MOTOR CORP., 45-50 Court Square, Long Island City, NY, and for acquisition by the Bekins Co., 1335 South Figueroa Street, Los Angeles, CA 90015, of control of such rights through the purchase. Applicant’s attorneys: MarvinS. Maltzman, 777 Flower Street, Glendale, CA 91202; Russell S. Bernhard, 1625 K Street NW., Washington, DC 20006; Edward G. Villalon, Suite 1032, Pennsylvania Building, Washington DC 20004. Operating rights sought to be purchased are authorized under Certificate MC 46219 and subs as follows: Irregular routes (1) Lead, (a) New and used household and office furniture. Between New York, NY, on
NOTICES
the one hand, and, on the other, points in NY, CT, DE, MD, PA, MA, NJ, RI, and DC; (b) New furniture, between New York, NY, on the one hand, and, on the other, points in NH, VT, VA, and WV; (2) Sub-3, (a) New furniture, from Hampton, VA, to points in AL, DE, FL, GA, LA, MD, MS, SC, WV, and DC, with no transportation for compensation on return except as otherwise authorized; (3) Sub 5, (a) Utility cabinets, between Philadelphia, PA, on the one hand, and, on the other, points in CT, DE, MD, NJ, NY, VA, and DC; (b) New furniture and furniture frames, between Philadelphia, PA, on the one hand, and, on the other, Wilmington, DE, Baltimore, MD, Washington, DC, New York, NY, and points in CT and VA;(c) New furniture and furniture frames, between points in Philadelphia, PA; (d) Paper-wrapped, uncrated steel utility cabinets, from Philadelphia, PA, to points in VT, RI, WV, and NC, with no transportation for compensation on return except as otherwise authorized; (e) Uncrated steel utility cabinets, from Philadelphia, PA, to points in MA, with no transportation for compensation on return except as otherwise authorized; (f ) Uncrated store and office furniture or fix tures, between New York, NY, and points in Westchester County, NY, on the one hand, and, on the other, points in CT, MA, NJ, NY, PA, and RI; Sub-6, (a) New furniture, uncrated, from points in Erie County, NY, to New York, NY, and points in PA, NJ, DE, MD, and DC; and from New York, NY, to Atlantic City, NJ, Baltimore, MD, points in NY and DC, and those in that part of PA east of a line beginning at the PA-NY State line and extending along U.S. Hwy 11 to Le- moyne, PA, then along Interstate Hwy 83 (formerly portion U.S. Hwy 111) to junction PA Hwy 295 (formerly portion U.S. Hwy 111), then along PA Hwy 295 via Strinestown and Zions View, PA, to junction unnumbered highway (formerly portion U.S. Hwy 111), then along unnumbered highway to junction Interstate Hwy 83 (formerly U.S. Hwy 111) then along Interstate Hwy 83 to junction unnumbered highway (formerly portion U.S. Hwy 111), then along unnumbered highway via Jacobus and Shrewsbury, PA, to the PA-MD State line, including points on the indicated portions of the highways specified; and (b) Rejected shipments of new furniture, uncrated, from the destination points specified in the two paragraphs next above to the respective origin points; (c) New furniture, uncrated, between Fall River, MA, on the one hand, and, on the other, points in NY, NJ, PA, and CT. From Meriden, CT, to points in MA, NJ, RI, and NY, and that part of PA on the east of U.S. Hwy 11; and from New
36577
Haven, CT, to Washington, DC, Baltimore, MD, and points in CT, MA, RI, NY, NJ, and points in that part of PA on and east of U.S. Hwy 1; and (d) Refused or damaged shipments of the immediately above-specified commodity, from the destination points in the two paragraphs next above to New Haven and Meriden, CT, respectively; (3) New office furniture, from Herkimer, NY, to New York, NY, Newark and Camden, NJ, Philadelphia, PA, Baltimore, MD, and Washington, DC, with no transportation for compensation on return except as otherwise authorized;(f) Furniture frames, springs, cotton, moss and fiber, from New York, NY, to New Haven, CT, with no transportation for compensation on return except as otherwise authorized; (g) Cabinets, between Orleans, VT, and New Haven, CT; (h) Uncrated new and used furniture, between New York, NY, on the one hand, and, on the other, points in that part of PA west of a line beginning at the PA-OH State line and extending along U.S. Hwy 422 to junction U.S. Hwy 219, and then along U.S. Hwy 219 to the PA- MD State line; (i) New furniture, uncrated, as defined by the Commission, from the site of the Roxbury Furniture Co., Inc., plant at Windsor, NY, to New York, NY, with no transportation for compensation on return except as otherwise authorized.
(4) Sub 8(a) New furniture, from North Bennington and East Arlington, VT, to points in VW and VA; and (b) Damaged, defective or returned shipments of new furniture, from the destination points specified next above, to North Bennington and East Arlington, VT; (c) New furniture, from points in Chautauqua and Cattaraugus Court* ties, NY, to points in CT, MA, and RI, with no transportation for compensation on return except as otherwise authorized. From points in Chautauqua and Cattaraugus Counties, NY, to New York, NY; and; from points in Chautauqua and Cattaraugus Counties, NY, to points in PA, and those in the New York, NY, commercial zone, as defined by the Commission in 1 MCC 665; and from Warren and Youngsville, PA, to points in OH, PA, those in the New York, NY, commercial zone, as defined by the Commission in 1 MCC 665, and those in that part of NY bn and west of U.S. Hwy 15; and (d) Damaged and defective shipments of new furniture; from the destination points specified under the commodity next above to their respective origin points; (e) New furniture, uncrated, from Jamestown, NY, to points in Nassau and Suffolk counties, NY, with no transportation for compensation on return except as otherwise authorized; (f) Defective or damaged shipments of new furniture, uncrated, from the respective destination points specified under the com-
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36578 NOTICES
modity next above, to tjieir respective origin points; (g) New furniture, uncrated, from Jamestown, NY, to points in Nassau and Suffolk Counties, NY, with no transportation for compensation on return except as otherwise authorized; (h) Defective or damaged shipments of new furniture, uncrated, from the respective destination points specified under the commodity next above, to their respective original points; (i) New furniture, and new household equipment, from Jamestown, Brocton, Celoron, Falconer, Frewsburg, Mayville,. Randolph, and Salamanca, NY, and Warren and Youngsville, PA, to New York, NY, and points in MD, NJ, PA, and DC; and (j) Returned, damaged, defective, or rejected shipments of the commodities specified immediately above, from New York, NY, and points in MD, NJ, PA, and DC, to Jamestown, Brocton, Celoron, Falconer, Frewsburg, Mayville, Randolph, and Salamanca, NY, and Warren and Youngsville, PA; (k) Voting machines, between Jamestown, NY, on the one hand, and, on the other, New York, NY, and points on Long Island, NY, west of a line extending south from Hempstead Harbor through Roslyn, Hempstead, and Baldwin, NY, to the Atlantic Ocean, including the points specified, From Jamestown, Brocton, Celoron, Falconer, Frewsburg, Mayville, Randolph, and Salamanca, NY, and Warren and Youngville, PA, to New York, NY, and points in MD, NJ, PA, and DC: and (1)' Returned, damaged, defective or rejected shipments of voting machines, from the destination points specified immediately above, to Jamestown, Brocton, Celoron, Falconer, Frewsburg, Mayville, Randolph, and Salamanca, NY, and Warren and Youngsville, PA; (m) Voting machines, uncrated, between Jamestown, NY, on the one hand, and, on the other, points in DE. From Jamestown, NY, to points in VA and WV; and (n) Used voting machines, uncrated, from points in VA and WV, to Jamestown, NY; (o) New furniture (uncrated) as defined in appendix II to the Commission’s report in Ex Parte No. MC-45, Descriptions in Motor Carrier Certificates, 61 MCC 209, 271, from New' York, NY, to points in Cattaraugus and Chatauqua Counties, NY; and (p) Damaged, defective, rejected, or returned articles of new furniture (uncrated); from points in Cattaraugus and Chautauqua Counties, NY, to New York, NY; (5) Sub 9 (a) Voting machines, uncrated, and voting machine accessories, between Jamestown, NY, New York, NY, DC, and points in ME, NH, VT, NJ, PA, VA, WV, and DE; (6) Sub 10 (a) Uncrated new furniture, from points in KY, LA, NC, SC, and TN, to Alexandria, VA, and New York, NY, with no transportation for compensation on
return except as otherwise authorized; (b) Household furnishings (except new furniture), from points in AL, FL, GA, KY, LA, NC, SC, and TN, to Alexandria, VA, and New York, NY; and (c) New furniture and household furnishings, uncrated (or crated when moving in the same vehicle with uncrated), from Alexandria, VA, and New York, NY, to points in AL, FL, GA, KY, LA, NC, SC, and TN.
(7) Sub 11G (a) New furniture, from points in CT, to points in NJ, NY, and PA, with no transportation for compensation on return except as otherwise authorized. From points in MA, to points in NY, PA, and NJ, with no transportation for compensation on return except as otherwise authorized. From points in NJ, to points in NY, PA, DE, MD, NC, SC, AL, FL, GA, LA,MS, and WV, and DC, with no transportation for compensation on return except as otherwise authorized. From points in New York, to points in VT, NH, MA, OH, CT, NJ, PA, MD, DE, VA, and WV, and DC, with no transportation for compensation on return except as otherwise authorized. From points in New Hampshire, to points inNJ, PA, NY, and WV, with no transportation for compensation on return except as otherwise authorized. From points in VT, to points in NJ, PA, NY, and WV, with not transportation for compensation on return except as otherwise authorized; From points in PA, to points in NJ, NY, CT, MA, RI, VT, NH, DE, MD, VA, WV, AL, FL, GA, LA, MS, NC, SC, and OH, and DC, with no transportation for compensation on return except as otherwise authorized. From points in MD, to points in NJ, PA, NY, and OH, with no transportation for compensation on return except as otherwise authorized. From points in DE, to points in NJ, PA, NY, and OH, with no transportation for compensation on return except as otherwise authorized. From points in WV, to points in NY, NJ, and PA, with no transportation for compensation on return except as otherwise authorized. From points in VA, to points in NJ, with no transportation for compensation on return except as otherwise authorized; (b) New furniture, uncrated, from points in New York, to points in RI and ME, with no transportation for compensation on return except as otherwise authorized. From points in RI, to points in NY, with no transportation for compensation on return except as otherwise authorized. From points in DC, to points in CT, MA, RI, PA, VT, NH, OH, and ME, with no transportation for compensation on return except as otherwise authorized. From points in WV, to points in ME, and NH, with no transportation for compensation on return except as otherwise authorized, from points in KY, to points in PA, NY, and ME, with no
transportation for compensation on return except as otherwise authorized. From points in LA, to points in PA, NY, ME, and OH, with no transportation for compensation on return except as otherwise authorized. From points in NC, to points in PA and NY, with no transportation for compensation on return exeept as otherwise au-/ thorized; (c) New furniture, uncrated (or crated when moving in the same vehicle with uncrated). From points in NJ, to points in AL, FL, GA, KY, LA, NC, SC, and TN, with no transportation for compensation on return except as otherwise authorized. From points in NY, to points in AL, FL, GA, KY, LA, NC, SC, and TN, with no transportation for compensation on return except as otherwise authorized;(8) Sub 12 (a) New home furniture, uncrated, between points in NC, on the one hand, and, on the other, points in AL, GA, and FL. The foregoing authorities have also been the subject of numerous gateway elimination letter notices published in the F ederal R egist e r and are included in the proposed purchase. Transferee presently holds 48 State common carrier authority as a household goods carrier under Certificate MC 52793 and Subs, and in Finance Docket MC-F-13141 the Commission has approved the acquisition by transferee of certificate MC 126372 and subs of Surefine Transportation Co. authorizing the transportation of new furniture, appliances, etc., generally throughout the Western United States. The Bekins Co. is not a carrier but it controls and owns all of the stock of transferee and several other household goods carriers holding authority from the Commission. Application has been filed for temporary authority under section 210 a(b). (Hearing: Washington, DC, or Los Angeles, CA.)
MC-F 13681F. Authority sought for purchase by NORTHWEST TRANSPORT SERVICE, INC., 5231 Monroe Street, Denver, CO 80216, of a portion of the operating rights of RINGSBY TRUCK LINES, INC., 3980 Quebec Street, Denver, CO 80207, and for acquisition by NW TRANSPORT SERVICE, INC., and in turn Donn D. McMorris and Jerry D. McMorris also of 5231 Monroe Street, Denver, CO, of control of such rights through purchase. Applicants attorneys Leslie R. Kehl, 1600 Lincoln Center Building, 1660 Lincoln Street, Denver, CO, for transferee and Russell R. Sage, 400 Overlook Building, 6121 Lincolnia Road, Alexandria, VA 22313, for transferor. Operating rights sought to be transferred: Regular routes, General commodities with usual exceptions (1) Between Spokane, WA and Boise, ID, serving intermediate points between Spokane, WA, and Lewiston, ID, and between Boise and Caldwell, ID, inclu-
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NOTIGES 36579sive of the points specified and off- route points of Clarkston, Richland, Hanford, Handford Engineer Project and White Bluffs, WA. Prom Spokane over U.S. Hwy 195 via Pullman, WA, to junction U.S. Hwy 95 (also from Pullman over WA Hwy 270 to the WA-ID State line, then over ID Hwy 8 to Moscow, ID, and then over U.S. Hwy 95 to junction U.S. Hwy 195), then over U.S. Hwy 95 to junction U.S. Hwy 30 near Fruitland, ID, then over U.S Hwy 30 to Boise, and return (alternate route authority also held). (2) Serving the Brownlee Dam site, the Ox Bow Dam site, and the Hells Canyon Dam site, and points in OR and ID, within 5 miles of each point, as off-route points in connection with carrier’s regular route operations between Spokane, WA, and Boise, ID. Restricted to traffic originating at or destined to designated dam sites or 5 mile radius. (3) Between Pasco, WA, and Lewiston, ID, serving intermediate point of Walla Walla, WA, and off-route points of Milton-Freewater, OR, and Umatilla County, OR, points within 15 miles of Milton-Freewater: From Pasco over U.S. Hwy 12 to Lewiston, and return.(4) Serving site of Lower Monumental' Dam near Ayer, WA, and 15 mile radius of dam. (5) Serving Wawawai, WA, and site of Lower Granite Project Dam near Wawawai. Irregular routes: General commodities usual exceptions between Boise, ID, and Lucky Peak Dam, ID, and points within 7 miles: General commodities except petroleum products in bulk and household goods. (1) Between points in that part of Baker and Malheur Counties, OR, within 50 miles of Weiser, ID, on one hand and on other points in Washington, Adams, Valley, Gem, Canyon, and Payette Counties, ID: (2) Between points in that part of ID and OR, within 50 miles of Weiser, ID, including Weiser: Chemicals and radioactive materials from site of Atomic Energy Commission near Hanford, WA, to the Atomic Energy Reactor Testing Station and Reservation near Arco, ID, and empty containers on return, restricted against through shipments involving other designated authorities of carrier. Vendee is authorized to operate as a common carrier in AZ, CO, ID, NE, NM, UT, and WY. Application has been filed for temporary authority under section 210a(b). (Hearing site: Salt Lake City, UT, Spokane, WA, or Denver, CO.)
MC-F 13683F. Authority sought for purchase by NANCE & COLLUMS, INC., P.O. Drawer J, Femwood, MS 39635, of a portion of the operating rights of BERRY TRANSPORTATION, INC., P.O. Box 2147, Longview, TX 75601, and for acquisition by JOHN L. NANCE AND JOHNNY H. NANCE, all of P.O. Drawer J, Fem- wood, MS 39635, of control of such
rights through the purchase. Applicant’s attorney: Harold D. Miller, Jr., P.O. Box 22567, Jackson, MS 39205. Operating rights sought to be purchased: Malt beverages and materials and supplies ordinarily dealt in by malt beverage distributors, as a common carrier over irregular routes from Memphis, TN, to points in Avoyelles, Bossier, Caddo, Concordia, De Soto, Lafourche, Natchitoches, Rapides, Sabine, St. Bernard, Vernon, and Webster Parishes, LA, and from New Orleans, LA, to Blytheville and Paragould, AR. Restriction: The operations authorized immediately above are restricted against the transportation of imported malt beverages. Malt beverages and promotional supplies, except in bulk, from the plantsite and warehouse facilities of the Jos. Schlitz Brewing Co., at Memphis, TN, to El Dorado, Ft. Smith, and Pine Bluff, AR, and Greenville, and Vicksburg, MS, and empty malt beverage containers, from El Dorado, Ft. Smith, and Pine Bluff, AR, and Greenville and Vicksburg, MS, to' the plantsite and warehouse facilities of the Jos. Schlitz Brewing Co., at Memphis, TN. The operating rights involved do not duplicate any authority of Vendee. Vendee is authorized to operate as a common carrier, over irregular routes from certain points in LA and MS, to points in AL, AR, FL, IL, KY, MO, NC, OK, SC, TN, TX, VA, and WV. Application has been filed for temporary authority under section 210a(b).
MC-F 13684F. Authority is sought for purchase by PACIFIC INTERMOUNTAIN EXPRESS CO., 25 North Via Monte, Walnut Creek, CA 94598, of a portion of the operating rights of Delta Lines, Inc., 609 Montgomery Street, San Francisco, CA 94111, and for acquisition by IU Transportation Services, Inc. and IU International Corp., 1500 Walnut Street, Philadelphia, PA 19102, of control of such rights through the purchase. Applicant’s representatives, John C. Bradley, Suite. 1301, 1600 Wilson Boulevard, Arlington, VA 22209, and H. Beatty Chadwick, 1500 Walnut Street, Philadelphia, PA 19102. Operating rights sought to be transferred: (A) General commodities, with exceptions, as a common carrier over regular routes (1) between Mt. Vernon, WA, and Sedro Woolley, WA serving the intermediate and off-route points of Burlington and Clear Lake, WA, and serving Mt. Vernon and points within 3 miles of Mt. Vernon for purposes of joinder only: from Mt. Vernon over U.S. Hwy 99 to Burlington, WA, then over unnumbered Hwy to Sedro Wool- ley, and return over the same route, and from Mt. Vernon over U.S. Hwy 99 to junction Washington Hwy 538, then over Washington Hwy 538 to junction Washington Hwy 9, then over Wash
ington Hwy 9 via Clear Lake, WA, to Sedro Woolley, and return over the same route; (2) between Anacortes WA, and Stanwood, WA, serving all intermediate points (except Mt. Vernon and points within 3 miles of Mt. Vernon), and the off-route point of La- Conner, WA, and serving Mt. Vernon and points within 3 miles of Mt. Vernon for purposes of joinder only: from Anacortes over Washington Hwy 536 to Mt. Vernon, then over U.S. Hwy 99 to junction Washington .Hwy 530 near Conway, then over Washington Hwy 530 to Stanwood, and return over the same route; (3) between Seattle, WA, and Bellingham, WA, serving the intermediate points of Everett and those between Mt. Vernon and Bellingham, WA, with service at Bellingham, Mt. Vernon and points within 3 miles of Mt. Vernon restricted to joinder only: from Seattle, WA over U.S. Hwy 99 to Bellingham, WA, and return over the same route; (4) between Bellingham, WA, and the boundary line between the United States and Canada, serving the intermediate point of Femdale, WA, and points on U.S. Hwy 99 between Fern- dale and Bellingham, WA, restricted to traffic moving to or from points north of Femdale; service at Bellingham, restricted to traffic moving to and from points north of Femdale; all other intermediate points without restriction; and the off-route points of Pleasant Valley, Haynie, Birch Bay, and Cottonwood, WA: from Bellingham over U.S. Hwy 99 to the boundary line between the United States and Canada, and return over the same route; (5) as an alternate route for operating convenience only, between Bellingham, WA, and the boundary line between the United States and Canada near Lynden, WA, serving no intermediate points: from Bellingham over Alternate U.S. Hwy 99 to the boundary line between the United States and Canada, and return over the same route. (B) Fresh and frozen fish, including shell fish, as a common carrier over irregular routes from the boundary line between the United States and Canada near Point Roberts, WA, to Point Roberts, WA, with no transportation for compensation on return except as otherwise authorized. Transferee is authorized to operate as a motor common carrier in all States in the United States (except AK and HI). Common control may be involved. Application has been made for temporary authority under section 210a(b) of the Act. (Hearing site: San Francisco, CA.)
MC-F-13686F. Authority sought for purchase by MARSH EXPRESS, INC., P.O. Box 447, Glassboro, NJ 08028, of the operating rights of Barry Transportation Co., Inc., d.b.a. Barry Trucking Co., P.O. Box 147, Rutherford, NJ 07070, and for acquisition by John N.
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36580 NOTICES
Stokley and William H. Stokley, also of P.O. Box 447, Glassboro, NJ 08028, of control of such rights through the purchase. Applicant’s attorneys: Michael R. Werner, P.O. Box 1409, 167 Fairfield Road, Fairfield, NJ 07006, and Oscar Leschinski, 625 Main Avenue, Passaic, NJ 07055. Operating rights sought to be transferred: Certificate No. MC-10984, authorizing the transportation of general commodities, with the usual exceptions, as a motor common, carrier over regular routes, between New York, NY, and Trenton, NJ, serving all intermediate points; and the off-route points in Nassau County, NY, and those in Hudson, Essex, Bergen, and Passaic Counties, NJ; from New York over U.S. Hwy 1 to Trenton, and return over the same route. Vendee is authorized to operate as a common carrier in PA and NJ. Application has been «filed for temporary authority under section 210a(b).
MC-F-13687F. Authority sought by NORTHEAST DELIVERY, INC., P.O. Box 127, Taylor, PA 18517, to purchase a portion of the operating rights of Strickland Transportation Co., Inc., 11353 Reed Hartman Highway, Cincinnati, OH 45241. Applicants’ attorneys: Edward G. Bazelon, 39 South LaSalle Street Chicago, IL 60603, and Milton H. Bortz, 11353 Reed Hartman Highway, Cincinnati, OH 45241. Operating rights sought to be transferred: General commodities, with exceptions, as a common carrier, over regular routes, between Cleveland, OH, and Newark, NJ, serving the intermediate point of New York, NY; between Philadelphia, PA, and Beach Haven and Bamegat City, NJ, serving all intermediate points and specified off-route points; between New York, NY, and Atlantic City, NJ, serving various specified intermediate and off-route points; between Manahawkin, NJ, and Beach Haven and Bamegat City, NY, serving all intermediate points and specified off-route points; and over irregular routes, between New York, NY on the one hand, and, on the other, points in Kings, Queens, Nassau, and Suffolk Counties, NY; from New York, NY, to Newburgh and Middletown, NY, and between points in Bergen, Essex, Hudson, Morris, Passaic, Union, Middlesex, Monmouth, Hunterdon, and Somerset Counties, NY, on the one hand, and, on the other, New York, NY, as more specifically described in docket MC 59680 (Sub-143). Northeast Delivery, Inc., presently holds no authority from the Interstate Commerce Commission; however, William Gilchrist, Jr., owns all the outstanding capital stock of transferee, and is the general manager of Transways Co., a motor contract carrier authorized by the Interstate Commerce Commission in certificate MC 135182 (Sub-1) and Transways Co., is authorized to oper
ate in the States of PA, NY, and NJ. Application has been filed for temporary authority under section 210a(b).
MC-F-13696F. Authority sought for control and merger by ST. JOHNS- BURY TRUCKING CO., INC., 87 Jeffrey Avenue, Holliston, MA 01746, of the operating authorities of York Transportation Co., Inc., P.O. Box 707, York, PA 17402, and for acquisition by S.J.T. Inc., 87 Jeffrey Avenue, Holliston, MA 01746, of control of such rights. Applicants’ attorneys: Francis P.' Barrett, Barrett & Barrett, 60 Adams Street, Milton, MA 02187, for Transferee and Creager & Button, P.A., 1329 Pennsylvania Avenue, Hagerstown, MD 21740 for Transferor. Operating Rights sought to be controlled and merged: General commodities, with the usual exceptions, over regular routes, between York, PA, and New York, NY, serving the intermediate points between and including Trenton, NJ, and New York, NY, restricted to eastbound movements, and those between and including Lancaster and York, PA, restricted to westbound movements, and the off-route points of Mineola and White Plains, NY and those in New York State, in the New York, NY, commercial zone, as defined by the Commission, those in New Jersey within 20 miles of New York, NY, and those within 30 miles of York, PA. From York, over U.S. Hwy 30 to Philadelphia, PA, then over U.S. Hwy 1 to New York, NY, and return over the same route; between Paoli, PA, and junction PA Hwy 43 and U.S. Hwy 1, serving no intermediate points, as an alternate route for operating convenience only: from Paoli over U.S. Hwy 202 to junction PA Hwy 43, then over PA Hwy 43, to junction U.S. Hwy 1, and return over the same route; Regular and irregular routes: Iron and steel chains and parts, hardware and mechanics’ tools, between York, PA, and Bridgeport, CT, serving no intermediate points, from York over the above-specified regular route to New York, NY, then over irregular routes to Bridgeport; and from Bridgeport over irregular routes to New York and then over the above-specified route to York. Transferee operates as a common carrier over regular and irregular routes in the States of CT, DE, ME, MA, NH, NJ, NY, PA, RI, VT, DC. S.J.T., Inc., holds no authority from the Commission. S.J.T., Inc., is controlled by Sun Carriers, Inc., and Sun Carriers, Inc., is controlled by Sun Co., Inc., both of Radnor, PA. Application has been filed for temporary authority under section 210a(b). (Hearing site: Boston, MA, or Washington, DC.)
O perating R ig h ts A p p l ic a t io n s ) D i rectly R elated to F inance P roceedings
The following operating rights application s) are filed in connection with pending finance applications under section 5(2) of the Interstate Commerce Act, or seek tacking and/or gateway elimination in connection with transfer applications under section 212(b) of the Interstate Commerce Act.
An original and two copies of protests to the granting of the authorities must be filed with the Commission within 30 days of this notice. All pleadings and documents must clearly specify the “F” suffix where the docket is so identified in this notice. Protests shall comply with Special Rule 247(e) of the Commission’s General Rules of Practice (49 CFR 1100.247) and include a concise statement of protestant’s interest in the proceeding and copies of its conflicting authorities. Verified statements in opposition should not be tendered at this time. A copy of the protest shall be served concurrently upon applicant’s representative, or applicant if no representative is named.
Each applicant states that there will be no significant effect on the quality of the human environment resulting from approval of its application.
MC 1334 (Sub-20F), filed August 1, 1978. Applicant: RITEWAY TRANSPORT, INC., 2131 West Roosevelt, Phoenix, AZ 85005. Representative: William H. Shawn, Suite 501, Washington, DC 20036. Authority is sought to operate as an irregular-route motor common carrier transporting: (1) General commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and commodities requiring special equipment), between points in AZ, on the one hand, and, on other, points in CO. (2) Machinery equipment, materials and supplies used in, or in connection with, the discovery, development, production, refining, manufacture, processing, storage, transmission and distribution of natural gas and petroleum and their products and by-products, and the construction, operation, repair, servicing, maintenance, and dismantling of pipelines, including the stringing and picking up thereof, and heavy or bulk articles that require the use of special equipment, between points in CO, on the one hand, and, on the other, (a) Monticello, UT, and points in UT within 100 miles thereof; (b) points in AZ and those within 200 miles of Phoenix and Lupton, AZ; (c) points in McKinley, San Juan, and Valencia Counties, NM. Gateways: (1) Hopi Indian Reservation in AZ and Montezuma County, CO, (2) (a) Four Corners, NM, and Four Corners, CO,
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36581
(b) Four Comers, NM, and Four Comers, CO, (e) Cortez and Durango, CO. (Hearing site: Phoenix, AZ, Grand Junction, CO, and Denver, CO.)
N ote.—This matter is directly related to the section 5 finance proceeding in MC-F- 13545 published in a previous section of this F ederal R egister issue. The purpose of this application is to eliminate the gateways of the Hopi Indian Reservation in AZ and Montezuma County, CO, in Part (1) of this application, and the gateways of Four Comers, NM, and Four Corners, CO, in Part (2) (a) and (b) and Cortez and Durango, CO, in Part (2)(c).
MC 110689 (Sub-9F) (Correction), filed April 26, 1978, previously noticed in the F ederal R egister issue of July 20, 1978. Applicant: AIRWAYTRUCKING CO., a corporation, 1605 Chapin Road, Montebello, CA 90022. Representative: Fred H. Mackensen, 9454 Wilshire Boulevard, Suite 400, Beverly Hills, CA 90212. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, in the transportation of A. General commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, those requiring special equipment, and motor vehicles), between all points within the following described areas: 1. Beginning at the point the Ventura County-Los Angeles County boundary line intersects the Pacific Ocean; then northeasterly along said county line to the point it intersects CA Hwy 118, approximately 2 miles west of Chats- worth; easterly along CA Hwy 118 to Sepulveda Boulevard, northerly along Sepulveda Boulevard to Chatsworth Drive; northeasterly along Chatsworth Drive to the corporate boundary of the city of San Fernando; westerly and northerly along said corporate boundary of the city of San Fernando to Maclay Avenue; northeasterly along Maclay Avenue and its prolongation to the Angeles National Forest boundary; southeasterly and easterly along the Angeles National Forest and San Bernardino National Forest boundary to Mill Creek Road (CA Hwy 38); westerly along Mill Creek Road to Bryant Street; southerly along Bryant Street to and including the unincorporated community of Yucaipa; westerly along Yucaipa Boulevard to Interstate Hwy 10; northwesterly along Interstate Hwy 10 to Redlands Boulevard; northwesterly along Redlands Boulevard to Barton Road; westerly along Barton Road to La Cadena Drive; southerly along La Cadena Drive to Iowa Avenue; southerly along Iowa Avenue to CA Hwy 60; southeasterly along CA Hwy 60 and U.S. Hwy 395 to Nuevo Road; easterly along Nuevo Road via Nuevo and Lakeview to CA Hwy 79; southerly along CA Hwy 79 to CA Hwy 74; then westerly to the corporate boundary of the city of Hemet; south
erly, westerly and northerly along said corporate boundary to the Atchison, Topeka & Santa Fe right-of-way; southerly along said right-of-way to Washington Road; southerly along Washington Road through and including the unincorporated community of Winchester to Benton Road; westerly along Benton Road to Winchester Road (CA Hwy 79) to Jefferson Avenue; southerly along Jefferson Avenue to U.S. Hwy 395; southerly along U.S. Hwy 395 to the Riverside County-San Diego County boundary line; westerly along said boundary line to the Orange County-San Diego County boundary line; southerly along said boundary line to the Pacific Ocean; northwesterly along the shoreline of the Pacific Ocean to point of beginning, including the point of March Air Force Base.
2. Beginning at the point the San Francisco-San Mateo County line meets the Pacific Ocean; then easterly along said county line to a point 1 mile west of CA Hwy 82; southerly along an imaginary-line 1 mile west of and paralleling CA Hwy 82 to its intersection with Southern Pacific Co. right-of-way at Arastradero Road; southeasterly along the Southern Pacific Co. right- of-way to Pollard Road, including industries served by the Southern Pacific Co. spur line extending approximately 2 miles southwest from Simla to Permanente; easterly along Pollard Road to West Parr Avenue; easterly along West Parr Avenue to Capri Drive; southerly along Capri Drive to Division Street; easterly along Division Street to the Southern Pacific Co. right-of-way; southerly along the Southern Pacific right-of-way to the Campbell-Los Gatos city limits; easterly along said limits and the prolongation thereof to South Bascom Avenue (formerly San Jose-Los Gatos Road); northeasterly along South Bascom Avenue to Foxworthy Avenue; easterly along Foxworthy Avenue to Almaden Road; southerly along Almaden Road to Hillsdale Avenue; easterly along Hillsdale Avenue to CA Hwy 82; northwesterly along CA Hwy 82 to Tully Road; northeasterly along Tully Road and the prolongation thereof to White Road; northwesterly along White Road to McKee Road; southwesterly along McKee Road to Capitol Avenue; northwesterly along Capitol Avenue to CA Hwy 238 (Oakland Road); northerly along CA Hwy 238 to Warm Springs; northerly along CA Hwy 238 (Mission Boulevard) via Mission San Jose and Niles to Hayward; northerly along Foothill Boulevard and MacAr- thur Boulevard to Seminary Avenue; easterly along Seminary Avenue to Mountain Boulevard; northerly along Mountain Boulevard to Warren Boulevard (CA Hwy 13); northerly along Warren Boulevard to Broadway Ter
race; westerly along Broadway Terrace to College Avenue; northerly along College Avenue to Dwight Way; easterly along Dwight Way to the Berke- ley-Oakland boundary line; northerly along said boundary line to the campus boundary of the University of California; westerly, northerly and easterly along the campus boundary to Euclid Avenue; northerly along Euclid Avenue to Marin Avenue; westerly along Marin Avenue to Arlington Avenue; northerly along Arlington Avenue to San Paglo Avenue (CA Hwy 123); northerly along San Paglo Avenue to and including the city of Richmond to Point Richmond; southerly along an imaginary line from Point Richmond to the San Francisco waterfront at the foot of Market Street; westerly along said waterfront and shoreline to the Pacific Ocean; southerly along the shoreline of the Pacific Ocean to point of beginning
3. Beginning at an imaginary line at a point approximately 4 miles north of La Jolla on the Pacific Coast shoreline running east to Miramar on U.S. Hwy 395, then following an imaginary line running southeasterly to Lakeside on CA Hwy 67; then southerly on County Road S 17 (San Diego County). And between said territories serving all points on and within 10 miles laterally of Interstate Hwy 5, between Stockton and San Diego; U.S. Hwy 101, or CA Hwy 1, between Los Angeles and San Francisco, CA; CA Hwy 99 between Stockton and Wheeler Ridge and CA Hwy 4 between its junction with the Interstate Hwy 80 near Pinole, CA and Stockton, CA.
B. Such commodities as are necessary or incidental to the establishment, maintenance or dismantling of oil, gas or water wells, pipelines, refineries, and cracking or casinghead plants; equipment and materials used in or for construction of farming, or maintenance thereof, between points on and within 50 miles laterally of the following described highways; 1. U.S. Hwy 101, U.S. Hwy 101 By-Pass or CA Hwy 1 between OR-CA State line and Los Angeles; Interstate Hwy 5 and/or CA Hwy 99, Interstate Hwy 10 and CA Hwy 111, between OR-CA State line and the CA ports of entry on the International Boundary Line between the United States and the Republic of Mexico. 2. CA Hwy 299 between Redding and Alturas, CA; 3. U.S. Hwy 395 between the OR-CA State line and the CA-NV State line, via Alturas and Johnstonville; 4. CA Hwy 36 between Junction Interstate Hwy 5 near Red Bluff, CA, and Junction U.S. Hwy 395 at Johnstonville; 5. CA Hwy 20 between Marysville, CA, and junction Interstate Hwy 80; 6. Interstate Hwy 80 between San Francisco and CA-NV State line; 7. U.S. Hwy 50 between Sacramento, CA, and CA-NV State line; 8.
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36582 NOTICES
U.S. Hwy 395 between CA-NV State line at Topaz Lake and junction Interstate Hwy 15 near Hesperia; 9. Interstate Hwy 15 between junction with U.S. Hwy 395 and San Diego; 10. CA Hwy 11 to junction Interstate Hwy 210 to junction Interstate Hwy 10 to junction Interstate Hwy 15 to junction Interstate Hwy 40 between Los Angeles and Needles, CA; 11. Interstate Hwy 10 between Los Angeles, CA and CA-AZ State line. (Hearing site: Los Angeles, CA.)
N ote.—The purpose of this application is to convert a Certificate of Registration to a Certificate of Public Convenience and Necessity. This application is directly related to three section 5(2) finance proceedings, docketed MC-P 13589, MC-F 13590, and MC-F 13591; each published in a previous section of this F ederal R egister issue. The purpose of this correction is to indicate the correct authority sought in A. above.
M otor Carrier Alternate R oute D ev ia tio n s
The following letter-notices to operate over deviation routes for operating convenience only have been filed with the Commission under the Deviation Rules—Motor Carrier of Property (49 CFR 1042.4(c)(ll)).
Protests against the use of any proposed deviation route herein described may be filed with the commission in the manner and form provided in such rules at any time, but will not operate to stay commencement of the proposed operations unless filed within 30 days from the date of this F ederal R eg ister notice.
Each applicant states that there will be no significant effect on the quality of the human environment resulting from approval of its request.
M otor C arriers of P roperty
MC 107576 (Deviation No. 7), SILVER WHEEL FREIGHTLINES, INC., 1321 Southeast Water Avenue, Portland, OR 97214, filed July 5, 1978, as amended July 31, 1978. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: From Pendleton, OR, over OR Hwy to the OR- WA State line, then over WA Hwy 125 to junction U.S. Hwy 12, then over U.S. Hwy 12 to Lewiston, ID, and return over the same route for operating convenience only. The notice indicates that the carrier is presently authorized to transport the same commodities over a pertinent service route as follows: From Pendleton, OR, over Interstate Hwy 80N to La Grande, OR, then over OR Hwy 82 to Enterprise, OR, then over OR Hwy 3 to the OR- WA State line, then over WA Hwy 129 to junction U.S. Hwy 12, then over U.S. Hwy 12 to Lewiston, ID, and return over the same route.
MC 107576 (Deviation No. 8), SILVER WHEEL FREIGHTLINES, INC., 1321 Southeast Water Avenue, Portland, OR 97214, filed July 5, 1978, as amended July 31, 1978. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: From Boise, ID over ID Hwy 55 to junction U.S. Hwy 95 at New Meadows, ID, then over U.S. Hwy 95 to Lewiston, ID, and return over the same route for operating convenience only. The notice indicates that the carrier is presently authorized to transport the same commodities over a pertinent service route as follows: From Boise, ID, over Interstate Hwy 80N to La Grande, OR, then over OR Hwy 82 to Enterprise, OR, then over OR Hwy 3 to the OR- WA State line, then over WA Hwy 129 to junction U.S. Hwy 12 at Clarkston, WA, then over U.S. Hwy 12 to Lewiston, ID, and return over the same route.
MC 107576 (Deviation No. 9), SILVER WHEEL FREIGHTLINES, INC., 1321 Southeast Water Avenue, Portland, OR 97214, filed July 5, 1978, as amended July 31, 1978. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: From Umatilla, OR, over U.S. Hwy 730 to junction U.S. Hwy 12, then over U.S. Hwy 12 to Lewiston, ID, and return over the same route for operating convenience only. The notice indicates that the carrier is presently authorized to transport the same commodities over a pertinent service route as follows: From Umatilla, OR, over U.S. Hwy 730 to junction U.S. Hwy 395 (formerly OR Hwy 32) east of Umatilla, OR, then over U.S. Hwy 395 to junction Interstate Hwy 80N near Stanfield, OR, then over Interstate Hwy 80N to La" Grande, OR, then over OR Hwy 82 to Enterprise, OR, then over OR Hwy 3 to the OR-WA State line, then over WA Hwy 129 to junction U.S. Hwy 12, then over U.S. Hwy 12 to Lewiston, ID, and return over the same route.
MC 107576 (Deviation No. 10), SILVER WHEEL FREIGHTLINES, INC., 1321 Southeast Water Avenue, Portland, OR 97214, filed July 5, 1978, as amended July 31, 1978. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: From Spokane, WA over U.S. Hwy 195 to junction U.S. Hwy 95 near Lewiston, ID, then over U.S. Hwy 95 to Lewiston, ID, then over U.S. Hwy 12 to Clarkston, WA, then over WA Hwy 129 to the OR-WA State line, then over OR Hwy 3 to Enterprise, OR and return over the same route for operating conven
ience only. The notice indicates that the carrier is presently authorized to transport the same commodities over a pertinent service route as follows: From Spokane, WA over U.S. Hwy 195 to junction WA Hwy 127 near Colfax, then over WA Hwy 127 to junction U.S. Hwy 12, then over U.S. Hwy 12 to Walla Walla, WA, then over WA Hwy 125 to the OR-WA State line, then over OR Hwy 11 to Pendleton, OR, then over Interstate Hwy 80N to La- Grande, OR, then over OR Hwy 82 to Enterprise, OR, and return over the same route.
MC 109533 (Deviation No. 18), OVERNITE TRANSPORTATION CO., P.O. Box 1216, Richmond, VA 23209, filed August 3, 1978. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: From junction Interstate Hwy 95 and VA Hwy 207 over VA Hwy 207 to junction U.S. Hwy 301, then over U.S. Hwy 301 to junction MD Hwy 3, then over MD Hwy 3 to Baltimore, MD, and return over the same route for operating convenience only. This notice indicates that the carrier is presently author^ ized to transport the same commodities over a pertinent service route as follows: From junction Interstate Hwy 95 and VA Hwy 207 over Interstate Hwy 95 to Washington, DC, then over U.S. Hwy 1 to Baltimore, MD and return over the same route.
M otor C arrier Alternate R oute D ev ia tions
The following letter-notices to operate over deviation routes for operating convenience only have been filed with the Commission under the Deviation Rules—Motor Carrier of Passengers (49 CFR 1042.2(c)(9)).
Protests against the use of any proposed deviation route herein described may be filed with the Commission in the manner and form provided in such rules at any time, but will not operate to stay commencement of the proposed operations unless filed within 30 days from the date of this F ederal R eg ister notice.
Each applicant states that there will be no significant effect on the quality of the human environment resulting from approval of its request.
M otor C arriers of P assengers
MC 109014 (Deviation No. 3), GREAT SOUTHERN COACHES, INC., P.O. Box 849, Jonesboro, AR 72401, filed August 2, 1978. Carrier’s representative: Herman W. Huber, 101 East High Street, Jefferson City MO 65101. Carrier proposes to operate as a common carrier, by motor vehicle, of passengers and their baggage and express and newspapers in the same ve-
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
NOTICES 36583hide with passengers, over a deviation route as follows: Prom Perryville, MO, over Interstate Hwy 55 to St. Louis, MO, and return over the same route for operating convenience only. The notice indicates that the carrier is presently authorized to transport passengers and the same property over a pertinent service route as follows: Prom Perryville, MO, over MO Hwy 51 across the Chester-Mississippi River Bridge at Chester, IL, then over IL Hwy 3 to East St. Louis, IL, then over the St. Louis Municipal Bridge to St. Louis, MO, and return over the same route.
M otor Carrier Intrastate Application (s )
The following applications(s) for motor common carrier authority to operate in intrastate commerce seek concurrent motor carrier authorization in interstate or foreign commerce within the limits of the intrastate authority sought, pursuant to section 206(a)(6) of the Interstate Commerce Act. These applications are govened by special rule 245 of the Commission’s general rules of practice (49 CPR 1100.245), which provides, among other things, that protests and requests for information concerning the time and place of State Commission hearings or other proceedings, any subseqent changes therein, and any other related matters shall be directed to the State Commission with which the application is filed and shall not be addressed to or filed with the Interstate Commerce Commision.
California docket No. 58232 filed July 14,1978. Applicant: WEST—PAK, INC., 3987 San Pablo Avenue, P.O. Box 8704, Emerywille, CA 94602. Representative: Daniel W. Baker, 100 Pine Street, San Francisco, CA 94111. Certificate of public convienience and necessity sought to operate a freight service, as follows: Transportation of: General commodities, in packages or parcels not weighting more than 100 poiunds, except the following: (a) Used household goods and personal effects not packed in accordance with the crated property requirements; (b) Livestock; (d) Liquids, compressed gases, commodities in semi-plastic form and commodities in suspension in liquids in bulk, in tank trucks, tank trailers, tank semi-trailers or a combination of such highway vehicles; (d) Commodities when transported in bulk in dump trucks or in hopper-type trucks; (e) Commodities when transported in motor vehicles equipped for mechanical mixing in transit; (f) Logs;(g) Fresh fruits and vegetables; (h) Automobiles, trucks, busses, and trailer coaches and campers. Between all
points and places on and within 15 miles of the following route: (1) Interstate Hwy 5 between Redding and the United States-Mexican border; (2) U.S. Hwy 101 between Calpella and Los Angeles; (3) California State Hwy 1 between San Francisco and Pacifica; (4) California State Hwy 1 between Santa Cruz and San Clemente; (5) Interstate Hwy 80 between San Francisco and the Califomia-Nevada stateline; (6) Interstate Hwy 15 between San Diego and the Califomia-Nevada stateline;(7) California State Hwy 17 between San Rafael and Santa Cruz; (8) U.S. Hwy 50 between Sacramento and the Califomia-Nevada stateline; (9) California State Hwy 89 between Truckee and Tahoe Valley; (10) California State Hwy 49 between Placerville and Sonora; (11) California State Hwy 108 between Sonora and Modesto; (12) California State Hwy 120 between junction with Interstate Hwy 5 and Oakdale; (13) California State Hwy 88 between Stockton and Jackson: (14) California State Hwy 124 between Plymouth and junction with California State Hwy 88 near lone: (15) California State Hwy 12 between Lodi and Lockeford; (16) California State Hwy 28 between Tahoe City and the Califomia-Nevada stateline;
(17) California State Hwy 99 between Red Bluff and junction with Interstate Hwy 5 at Wheeler Ridge; (18) California State Hwy 20 between Williams and junction with Interstate Hwy 80 near Cisco; (19) California State Hwy 32 between Orland and Chico; (20) California State Hwy 65 between Marysville and Roseville; (21) California State Hwy 45 between junction with California State Hwy 32 near Hamilton City and Knight’s Landing:(22) California State Hwy 113 between Knight's Landing and junction with Interstate Hwy 80; (23) California State Hwy 4 between junction with Interstate Hwy 80 near Pinole and junction with Interstate Hwy 5 near Stock- ton; (24) California State Hwy 37 between junction with U.S. Hwy 101, near Novato and junction with Interstate Hwy 80, near Vallejo; (25) California State Hwy 20 between Calpella and Upper Lake; (26) California State Hwy 29 between Upper Lake and junction with Interstate Hwy 80, near Vallejo; (27) California State Hwy 12 between Santa Rosa and junction with California State Hwy 29 near Napa; (28) California State Hwy 24 between Oakland and junction with California State Hwy 4, near Concord; (29) Interstate Hwy 680 between junction with Interstate Hwy 80 at Cordelia and junction with California State Hwy 17 near Fremont; (30) Interstate Hwys 580 and 205 between San Lorenzo and junction with Interstate Hwy 5. (31) Interstate Hwy 280 between San Francisco and San Jose; (32) California
State Hwy 152 between Gilroy and junction with California State Hwy 99, near Chowchilla; (33) California State Hwy 156 between junction with California State Hwy 152 and junction with U.S. Hwy 101, near San Juan Bautista. (34) California State Hwy 180 between Hollister and Squaw Valley; (35) California State Hwy 63 between Squaw Valley and Tulare; (36) California State Hwy 198 between San Lucas and Exeter; (37) California State Hwy 65 between Exeter and junction with California State Hwy 99, near Bakersfield; (38) California State Hwy 43 between Selma and junction with Interstate Hwy 5; (39) California State Hwy 33 between Tracy and Maricopa; (40) California State Hwy 132 between junction with Interstate Hwy 580 and Modesto; (41) California State Hwy 140 between Gustine and Merced; (42) California State Hwy 70 between junction with California State Hwy 149 near Oroville and Marysville; (43) California State Hwy 46 between Paso Robles and junction with California State Hwy 99 near Famoso; (44) California State Hwy 166 between Maricopa and junction with California State Hwy 99 near Wheeler Ridge; (45) California State Hwy 66 between Junction with Interstate Hwy 5 near Glendale and San Bernardino; (46) Interstate Hwy 10 between junction Interstate Hwy 5 and Redlands; (47) California State Hwy 60 between junction with Interstate Hwy 5 and Riverside; (48) California State Hwy 71 between junction with Interstate Hwy 10 near La Verne and junction with Interstate Hwy 15 near Murrieta Hot Springs; (49) California State Hwy 91 between Buena Park and Riverside; (50) California State Hwy 55 between junction with California State Hwy 91, near Olive and Newport Beach; (51) Interstate Hwy 405 between San Fernando and junction with Interstate Hwy 5 near Irvine; (52) California State Hwy 74 between San Juan Capistrano and Perris; (53) California State Hwy 78 between junction with Interstate Hwy 5 near Oceanside and Escondido; (54) Interstate Hwy 8 between San Diego and El Cajon; (55) Interstate Hwy 505 between junction with Interstate Hwy 5 near Dunnigan and junction with Interstate Hwy 80 near Vacaville; (56) California State Hwy 68 between Monterey and Salinas. Through routes and rates may be established between any and all points described in the authority above. In performing the service herein authorized, carrier may make use of any and all streets, roads, highways and bridges necessary or convenient for the performance of said service. Intrastate, interstate and foreign commerce authority sought. Hearing: Date, time and place not yet fixed. Requests for procedural information should be ad-
FEDERAL REGISTER, V O L 43, N O . 160— THURSDAY, AUGUST 17, 1978
36584 NOTICES
dressed to California Public Utilities Commission, California State Building, 350 McAllister Street, San Francisco, CA 94102, and should not be directed to the Interstate Commerce Commission.
By the Commission.H. G. Homme, Jr.,
Acting Secretary.[FR Doc. 78-22^45 Filed 8-16-78; 8:45 am]
FEDERAL REGISTER, VO L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
36585
________________ sunshine act m eetingsThis section of the FEDERAL REGISTER contains notices of meetings published under the “ Government in the Sunshine A ct" (Pub. L., 94-409), 5 U.S.C.
552b(e)(3).
CONTENTS
ItemFederal Deposit Insurance
Corporation............................. l, 2Federal Energy Regulatory
Commission............. ............... 3Occupational Safety and
Health Review Commission 4Renegotiation Board.................. 5 , 6
[6714-01]
1
FEDERAL DEPOSIT INSURANCE CORPORATION.
Pursuant to the provisions of subsection (e)(2) of the “Government in the Sunshine Act” (5 U.S.C. 552b(e)(2)), notice is hereby given that at its closed meeting held at 10 a.m. on Friday, August 11, 1978, the Corporation’s Board of Directors unanim ously determined, on motion of Chairman George A. LeMaistre, seconded by Director William M. Isaac (Appointive), with Mr. Cantwell F. Muckenfuss, III, acting in the place and stead of Director John G. Heimann (Comptroller of the Currency), concurring in the motion, that Corporation business required its addition to the agenda for consideration at that meeting, on less than seven days’ notice to the public, of a recommendation regarding the liquidation of assets acquired by the Corporation from the Hamilton National Bank of Chattanooga, Chattanooga, Tenn. (Case No. 43,621-L).
By the same unanimous vote, the Board moved from the agenda for the open meeting scheduled for 10:30 a.m. that day to the agenda for the closed meeting all recommendations regarding the liquidation of a bank’s assets acquired by the Corporation in its capacity as receiver, liquidator, or liquidating agent of those assets (Case Nos. 43,470-L (Amended), 43,602-L, 43,603- L, 43,614-L, 43,615-L, 43,616-L, and a memorandum regarding the Hamilton Bank and Trust Co., Atlanta, Ga.).
The Board’s actions were predicated upon its determination that the recommendations were appropriate for consideration in a meeting closed to the public observation, pursuant to subsections (c)(9)(B) and (c)(10) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(9)(B) and (c)(10)), since the public interest did not require con
sideration of the recommendations in a meeting open to public observation.
The Board further determined, by the same unanimous vote, that no earlier notice of the changes in the subject matter of the meeting was practicable.
Dated: August 11,1978.F ederal D epo sit I nsurance
C orporatio n ,Alan R . M iller ,
Executive Secretary.(S-1653-78 Filed 8-15-78; 2:01 p.m.]
[6714-01]
2
FEDERAL DEPOSIT INSURANCE CORPORATION.
N otice of C hange in S ubject M atter of Agency M eeting
Pursuant to the provisions of subsection (e)(2) of the “Government in the Sunshine Act” (5 U.S.C. 552b(e)(2)), notice is hereby given that at its open meeting held at 10:30 a.m. on Friday, August 11, 1978, the Federal Deposit Insurance Corporation’s Board of Directors unanimously determined, on motion of Chairman George A. LeMaistre, seconded by Director WilliamM. Isaac (Appointive), with Mr. Cantwell F. Muckenfuss, III, acting in the place and stead of Director JohnG. Heimann (Comptroller of the Currency), concurring in the motion, that Corporation business required the addition of the following matters to the agenda for consideration at the meeting, on less than 7 days’ notice to the public:
Resolution expressing the consensus of the Board of Directors regarding interest-rate ceiling parity among all depositary institutions.
Memorandum and resolution proposing the extension of the comment period on a proposed revision of Part 336 of the Corporation’s rules and regulations, entitled “Employee Responsibilities and Conduct.”
Memorandum and resolution relating to the Corporation’s guaranty of relocated employee real estate bridge loans.
Memorandum proposing the relocation of the Dallas Regional Office.
On motion of Director Isaac, seconded by Mr. Muckenfuss, the board also determined that Corporation business required its adoption at the meeting,
on less than 7 days’ notice to the public, of a resolution honoring Chairman LeMaistre on the occasion of his retirement scheduled for August 15, 1978.
By earlier vote of the Board of Directors cast at its closed meeting held at 10 a.m. that same day, the Board, on motion of Chairman LeMaistre, seconded by Director Isaac, with Mr. Muckenfuss concurring, moved from the agenda for the open meeting to the agenda for the closed meeting all recommendations regarding the liquidation of a bank’s assets acquired by the Corporation in its capacity as receiver, liquidator, or liquidating agent of those assets (Case Nos. 43,470-L (Amended), 43,602-L, 43,603-L, 43,614- L, 43,615—L, 43,616—L, and a memorandum regarding the Hamilton Bank and Trust Co., Atlanta, Ga.).
The Board further determined, by majority vote, that no earlier notice of the changes in the subject matter of the meeting was practicable.
Dated: August 11,1978.F ederal D e po sit I nsurance
C orporation ,A lan R . M iller ,
Executive Secretary.[S-1654-78 Filed 8-15-78; 2:01 pm]
[6740-02]
3
FEDERAL ENERGY REGULATORY COMMISSION.
“FEDERAL REGISTER” CITATION OF PREVIOUS ANNOUNCEMENT: 43 FR 36030, published August 14, 1978.
PREVIOUSLY ANNOUNCED TIME AND DATE OF MEETING: 10 a.m., August 16, 1978.CHANGE IN THE MEETING: The following item has been added.
Item No., Docket No., and Company
M-2. RM78, State of Louisiana first use tax—increased rate filings.
K en n eth F . P lum b , Secretary.
[S—1657-78 Filed 8-15-78; 3:30 pm]
FEDERAL REGISTER, V O L . 43, N O . 160— THURSDAY, AUGUST 17, 1978
36586
[7600-01]
4
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.TIME AND DATE: 2 p.m., Thursday, August 24, 1978.
PLACE: Room 1101, 1825 K Street NW., Washington, D.C.
STATUS: This meeting is subject to being closed by 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:
Mrs. Nori Heuberger, 202-634-7970.
Dated: August 14, 1978.
[S-1652-78 Filed 8-15-78; 2:01 pm]
SUNSHINE ACT MEETINGS
[7910-01]
5
RENEGOTIATION BOARD.DATE AND TIME: Monday, August 14, 1978; 10 a.m.PLACE: Conference Room, 4th Floor, 2000 M Street NW., Washington, D.C. 20446.STATUS: Closed to public observation.MATTER TO BE CONSIDERED: Priority Cases.CONTACT PERSON FOR MORE INFORMATION:
Kelvin H. Dickinson, Assistant General Counsel-Secretary, 2000 M Street NW., Washington, D.C. 20446, 202-254-8277.Dated: August 14,1978.
G oo d w in C hase, Chairman.
[S-1655-78 Filed 8-15-78; 2:25 pm]
[7910-01]6
RENEGOTIATION BOARD. “FEDERAL REGISTER” CITATION OF PREVIOUS ANNOUNCEMENT: 43 FR 35620, August 10, 1978.PREVIOUSLY ANNOUNCED DATE AND TIME OF MEETING: Tuesday August 15, 1978; 10 a.m.CHANGE IN MEETING: Matter 18 is added to the previously announced agenda.MATTER TO BE CONSIDERED:
18. Request permission to withdraw its waiver of the commercial exemption for respective years: Burroughs Corp., fiscal year ended December 31, 1974 and 1975.STATUS: Open to public observation. CONTACT PERSON FOR MORE INFORMATION:Kelvin H. Dickinson, Assistant General Counsel-Secretary, 2000 M Street NW., Washington, D.C. 20446, 202-254-8277.Dated: August 15,1978.
G o o d w in C hase, Chairman.
[S—1656-78 Filed 8-15-78; 2:25 pm]
FEDERAL REGISTER, VOL. 43, N O . 160— THURSDAY, AUGUST 17, 1978
THURSDAY, AUGUST 1 7 , 1978 PART II
DEPARTMENT OF THE INTERIORFish and Wildlife
Service
WHOOPING CRANESProposed Critical H abitat
36588 PROPOSED RULES
[4310-55]DEPARTMENT OF THE INTERIOR
Fish and W ild life Service
[5 0 CFR Part 17]
ENDANGERED A N D THREATENED WILDLIFE A N D PLANTS
Proposed Critical H ab ita t fo r the W hooping Crane
AGENCY: Fish and Wildlife Service, Interior.ACTION: Proposed rule.SUMMARY: The Service proposes eight additional areas as critical habitat in Kansas, Montana, Nebraska, North Dakota, and South Dakota for the endangered whooping crane (Gras americana) to those areas already determined to be critical habitat as published in the F ederal R egister of May 15, 1978 (43 FR 20938). If finalized, this rule would provide Federal protection of these areas under section 7 of the Endangered Species Act of 1973 and will further assure the conservation of the whoping crane.DATES: Comments from the public must be received by October 16, 1978. Comments from the Governors of five States must be received by November15,1978.FOR FURTHER INFORMATION CONTACT:
Mr. Keith M. Schreiner, Associate Director—Federal Assistance, Fish and Wildlife Service, U.S. Department of the Interior, Washington, D.C. 20240, 202-343-4646.
SUPPLEMENTARY INFORMATION:Background
In the F ederal R egister of May 15, 1978 (43 FR 20938-20942), the Service determined critical habitat in nine areas in six States for the whooping crane. The eight areas proposed in the present rule are separate and in addition to those nine areas already determined. The Service was petitioned on November 22, 1976, by the Sierra Club and the National Audubon Society to add six of these areas to those previously proposed in December 1976.
The service has thoroughly reviewed this petition, and a supplement dated September 29, 1977, and agrees that sufficient data was presented to warrant this proposed rulemaking. Additional data which covers the fall migration records of 1977 for the whooping crane as well as older confirmed m ig ra t io n records which have only recently come to the Service’s attention are a lso included in the data base for this proposal.
Whooping cranes in the natural (Aransas—Wood Buffalo) flock numbered 70 individuals (10 subadults
from 1977 and 60 adult-plumaged birds from previous ypars) on April 1, 1978. This flock annually migrates from September to early December to the wintering grounds on or near Aransas National Wildlife Refuge, Tex. During April and May the flock migrates along the same narrow route toward the only nesting area left in the wild: Wood Buffalo National Park, Northwest Territories, Canada. The areas herein proposed are important as roosting and feeding area during this magnificent bird’s migration.
Critical H abitat
Section 7 of the act, entitled “Interagency Cooperation,” states:
The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this act. All other Federal departments and agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this act by carrying out programs for the conservation of endangered species and threatened species listed pursuant to section 4 of this act and by taking such action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such endangered species and threatened species or result in the destruction or modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with the affected States, to be critical.
A definition of the term “critical habitat” was published jointly by the Fish and Wildlife Service and the National Marine Fisheries Service in the F ederal R egister of January 4, 1978 (43 FR 870-876) to be codified in 50 CFR Part 402 and is reprinted below:
Critical habitat means any air, land, or water area (exclusive of those existing manmade structures or settlements which are not necessary to the survival and recovery of a listed species) and constituent elements thereof, the loss of which would appreciably decrease the likelihood of the survival and recovery of a listed species or a distinct segment of its population. The constituent elements of critical habitat include, but are not limited to: Physical structures and topography, biota, climate, human activity, and the quality and chemical content of land, water, and air. Critical habitat may represent any portion of the present habitat of a listed species and may include additional areas of reasonable population expansion.
As specified in these same regulations for interagency cooperation, the Director will consider the physiological, behavioral, ecological, and evolutionary requirements for survival and recovery of listed species in determining what areas or parts of habitat are critical. These requirements include, but are not limited to:
(1) Space for individual and population growth and for normal behavior;
(2) Food, water, air, light, minerals, or other nutritional br physiological requirements;
(3) Cover or shelter;(4) Sites for breeding, reproduction,
or rearing of offspring; and generally,(5) Habitats that are protected from
disturbances or are representative of the geographical distribution of listed species.
Of the five factors, three directly pertain to the eight areas in this proposal. The three factors are summarized below:
(1) All areas proposed in this rule would provide food, water, and other nutritional or physiological needs of the whooping crane during spring or fall migration. Insects, crayfish, frogs, small fish, and other small animals as well as some aquatic vegetation and some cereal crops in adjacent croplands appear to be major items taken during the migration period.
(2) Generally, whooping cranes (as do most other cranes in the world) require an open expanse for nightly roosting. This habit of using sand and gravel bars or very shallow water in rivers and lakes for nightly roosting appears to be one of the major factors in whooping crane habitat selection. Cranes observed during migration are most often found within short flight distances (frequently 15 miles or less) of wetlands that offer open sand or gravel bars for nightly roosting. Such roosting areas can be found when some of the large reservoirs in the area are at or below normal pool level and large bars of sediments are exposed, particularly at the mouths of major contributing streams and rivers.
(3) Whooping cranes do not readily tolerate disturbances to themselves or their habitat. A human on foot can quickly put a crane to flight at distances over one-quarter of a mile. Loss of large expanses of wetlands and shooting were the major factors in causing the massive declines of whooping cranes in the late 1800’s. The one common feature uniting the vast majority of confirmed sightings of this crane in migration is their proximity to wetlands that provide undisturbed roosting sites.
E ffects of the R ulemaking
The eight areas delineated in this proposal or in the May 15, 1978, determination (43 FR 20938-20942) do not include the entire habitat of the whooping crane, and modifications of the critical habitat designations may be proposed as a result of further studies. In accordance with section 7 of the act, all Federal departments and agencies would be required to insure that actions authorized, funded, or carried out by them would not result in the destruction or modification of the critical habitat of the en-
FEDERAL REGISTER, V O L. 43, N O . 160— THURSDAY, AUGUST 17, 1978
dangered whooping crane. Also, in accordance with section 7 of the act, Federal agencies would have to consult with the Secretary of the Interior with respect to any action which may affect any of these critical habitats, if finalized. Consultation pursuant to section 7 would be carried out using the procedures contained in the “interagency cooperation regulations" which were published in the F ederal R egister on January 4, 1978 (FR 870- 876) and will be codified under 50 CFR part 402.
P ublic C om m ents S olic ited
The Director intends that the rules finally adopted will be as accurate and effective as possible in the conservation of the endangered whooping crane. Therefore, any comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, private interests, or any other interests, or any other interested party concerning any aspect of these proposed rules are hereby solicited. Comments particularly are sought concerning:
(1) The location of and the reasons why any habitat of this species should or should not be determined to be critical habitat as provided for by section 7 of the act;
(2) Additional information concerning the range, distribution, or habitat or food preferences of this species.
Pursuant to section 4(b) of the act, the Director will notify the Governors of Kansas, Montana, Nebraska, North Dakota, and South Dakota with respect to this proposal and request their comments and recommendations before making final determination.
Final promulgation of the - regulations on the critical habitat will take into consideration the comments and any additional information received by the Director, and such communications may lead him to adopt final regulations that differ from this proposal.
A draft environmental impact assessment has been prepared in conjunction with this proposal. It is on file in the Service’s Office of Endangered Species, 1612 K Street NW., Washington, D.C., and. may be examined during regular business hours or obtained by mail (U.S. Fish and Wildlife Service—OES, Washington, D.C.20240). A determination will be made at the time of final rulemaking as to whether this is a major Federal action which would significantly affect the quality of human environment within the meaning of section 102(2)(c) of the National Environmental Policy Act of 1969.
The primary author of this proposed rulemaking is Jay M. Sheppard, Office of Endangered Species, 202-343-7814.
PROPOSED RULES
R egulations P rom ulgation
Accordingly, the Service proposes to amend § 17.95(b), part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, by adding the below critical habitat of the w h o o p ing
Kansas. Phillips County. Kirwin National Wildlife Refuge.
36589crane to thè critical habitat published on May 15,1978 (43 FR 20938):
* * * * *(b) Birds. * * *
WRooping Crane (.Grus Americana)
Montana. Roosevelt and Sheridan Counties. Medicine Lake National Wildlife Refuge.
FEDERAL REGISTER, V O L 43 , N O . 160— THURSDAY, AUGUST 17, 1978
36590 PROPOSED RULES
Nebraska. Brown, Keya Paha, and Rock Counties. T. 32 N., R. 18 W.; T. 32 N., R. 19 W.; T. 32 N., R. 20 W.J T. 32 N., R. 21 W.; and T. 32 N., R. 22 W.
North Dakota. (1) Northwest North Dakota Zone. Burke, Divide, Mountrail, Renville, Ward, and Williams Counties. Starting on the international border at the northern terminus of U.S. 85 proceeding due east to the northeast comer of Renville County; thence southward along the Ren- ville-Bottineau County line to the southwestern comer of Bottineau County; thence continued southward from the northeast comer of T. 158 N., R. 84 W. to the southeast comer of T. 157 N., R. 84 W.; thence westward along the 14th standard parallel to North Dakota Route 40 about 2 miles south of Tioga; thence north along Route 40 to its intersection with North Dakota Route 50 about 2 miles south of McGregor; thence generally westward along Route 50 to its intersection with U.S. 85 near Appam; and thence generally northward along U.S. 85 to the starting point at the international border.
(2) Lake Sakakawea Zone. Dunn, McKenzie, McLean, Mountrail, Ward, and Williams Counties. All areas that would be inundated or surrounded by the maximum pool level of Lake Sakakewea by Garrison Dam, including all lands and waters of Audubon National Wildlife Refuge and Garrison Dam, a manmade structure.
(3) Lake Ho Zone. Dunn County. Secs. 27- 34, T. 145 N., R. 94 W.; and sec. 6, T. 144 N., R.94W.
(4) Oahe Reservoir Zone. Burleigh, Emmons, Morton, and Sioux Counties. All areas in North Dakota that would be inundated or surrounded by the maximum pool level of Oahe Reservoir by Oahe Dam, South Dakota.
South Dakota. Campbell, Corson, Dewey, Haakon, Hughes, Potter, Stanley, Sully, Walworth, and Ziebach Counties. All areas in South Dakota that would be inundated or surrounded by the maximum pool level of Oahe Reservior by Oahe Dam, including all adjacent lands and waters of Pocasse National Wildlife Refuge and Oahe Dam, a manmade structure.
Note.—The Service has determined that this document does not contain a major action requiring preparation of an economic impact statement under Executive Order 11949 and OMB Circular A-107.
Dated: July 17,1978.K eith M. S chreiner,
Acting Director,' Fish and Wildlife Service.
[PR Doc. 78-22787 Piled 8-16-78; 8:45 am]
FEDERAL REGISTER, VO L. 43 , N O . 160— THURSDAY, AUGUST 17, 1978
ORDER NOW!
Directory ofFederal Regional Structure
Office of the Federal Register National Archives and Records Service
General Services Administration
Price: $2.30
Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent o f Documents, U.S. Government Printing Office, Washington, D.C. 20402
Directory of Federal Regional Structure[Revised as of May 1,1978]
The Directory serves as a guide to the regional administrative structure of the departments and agencies of the Federal Government.
Designed to provide the public with practical information about regional offices, the Directory is particularly useful to citizens residing outside the Nation’s Capital.
Included in the Directory is a map showing the 10 standard Federal regions followed by tables listing the key personnel, addresses, and telephone numbers for agencies with offices in those regions. In addition, maps and tables are provided for those agencies with regional structures other than that of the standard regional system.
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