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Citation: 46 Fed. Reg. 40512 1981

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Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Rules and Regulations

Case 2: The unobligated balance returnedto the State was less than the amount neededto meet the reserve requirements.

Case 3: The unobligated balance returnedto the State was sufficient to meet the reserverequirements butnot large enough to makethe grants under Section 202(a)(1) needed touse the I/A reserve (Section 205(i))..(The I/Areserve can be used only to increase theFederal share of a project using I/Atechnology from 75% to 85%.)

Case 4: The amount of the unobligatedbalance returned to the State was sufficientto fully meet the reserve requirements and torise the I/A reserve to increase grants underSection 202(a)(1).

Based upon a review of hase law in similarsituations, our Office of General Counselconcluded that States in case 1 do not have tomeet the Section 205 (h) and (i) reserverequirements because the rescission made itimpossible for them to comply. Also, Statesneed not deobligate any awards made fromeither reserve before the rescission even-ifthe total amount obligated for Section 205 (h)or (i) before the rescission exceeds the newreserve amount(s).

Cases 2 and 3 pose a more difficultproblem. To some extent, the rescission madeit impossible for those States to comply with

" the reserve requirements. However, we arestill required to implement the originalstatutory scheme as much as possible withinthe limits of this added constraint.Consequently, we must require that eachState in either case 2 or 3 meet the reserverequirements to the extent possible within thelimits of available funds. However, If theRegional Administrator determines that it isimpossible for a State to fully obligate eitherreserve because of the rescission, theRegional Administrator can permit the Stateto use-he reserve funds for grants underSection 202(a)(1).

The regulatory requirements for the I/Aand small community reserves are in 40 CFR35.915-1(b) and (e). States in'case 4 mustcomply with both provisions. However, aclass deviation from these provisions isnecessary to provide flexibility to assure thatother States are not left in an impossiblesituation by the rescission. Therefore, forStates In cases 1, 2 and 3, I am approving thefollowing class deviation:

1. Case 1 States. This deviation from 40CFR 35.915-1 (b) and (e) releases States incase I from those reserve requirements, sincethey cannot comply because Of the rescission.

2. Case 2 States. This deviation from 40CFR 35.915-1 [b) and (e) permits the RegionalAdministration to reduce the amount of fundsreq~ired 'to meet the reserve requirements incase 2 States to the extent that theirunobligated balance after the rescission wasnot enough to meet that requirement. Also, ifthe Regional Administrator determines that acase 2 State cannot use any part of eitherreserve because of the rescission, he or shemay release the remaining reserve. To makethat determination, the RegionalAdministrator shall assure:

a. That, before the rescission, the State hadenough projects on the fundable portion ofthe project priority list to fully use the initial-reserve; and

b. That the State used the unobligatedbalance remaining after the rescission to

meet the reserve requirement to the extentpossible.

3. Case 3 States. This deviation from 40CFR 35.915-1(b) permits the RegionalAdministrator to release case 3 States fromthe I/A reserve requirement if he or shedetermines that the State cannot use its I/Areserve because of the rescission. To makethat determination, the RegionalAdministrator shall assure:

a. That, before the rescission, the State hadenough I/A projects on the fundable portionof the project priority list to fully use theinitial reserve;, and

,b. That the State used the I/A reserve forprojects, or segments of projects, to theextent possible considering the unobligatedbalance remaining after the rescission.

Dated: July 24. 1981.Concur:

Edward J. Hanley,Assistant Administrator forAdmmlstration(PM-208).

Dated: July 24, 1981.Concur:.

James N. Smith,ActingAssistant Administrator for Water(WH-556).IFR Doc. 81-23248 Filed 8-7-81; 8:45 amlBILLING CODE 6560-29-M

40 CFR Part 52

[A-9-FRL 1887-5]

Approval and Promulgation of"Implementation Plans; Ambient AirQuality Surveillance Provisions

AGENCY: Environmental ProtectionAgency.ACTION: Final Rulemaking.

SUMMARY: On November 24; 1980, theEnvironmental Protection Agency (EPA)proposed approval of air qualitysurveillance plans submitted by theStates of Arizona, California, Hawaii,and Nevada. This notice announcesEPA's final approval of the air qualitysurveillance plans. The intended effectof this action is to update revisions andto correct certain deficiencies in the'State Implementation Plan, and toimpleient certain provisions of the.Clean Air Act.EFFECTIVE DATE: September 9,-1981.FOR FURTHER INFORMATION CONTACT.Louise P Giersch, Director, Air andHazardous Materials Division,Environmental Protection Agency, 215Fremont Street, San Francisco, CA94105, Attn: Douglas Grano, (415] 556--2938.SUPPLEMENTARY INFORMATION: Section319 of the Clean Air Act, as amended,requires the EPA to establish monitoringcriteria to be followed uniformly acrossthe Nation. Pursuant to this requirementand the recommendations of the

Standing Air Monitoring Work Group(SAMWG), EPA on May 10, 1979 (44 FR27558), promulgated rules andregulations for Ambient Air QualityMonitoring Data Reporting, andSurveillance Provisions, The regulationsrevoke Part 51 of Title 40 of the Code ofFederal Regulations and establish a nowPart 58 entitled Ambient Air QualitySurveillance.

The States of Arizona, California,Hawaii, and Nevada submitted to theEPA, S revisions to provide formodification of the existing air qualitysurveillance network. EPA has reviewedthe submission and determined that itmeets the requirements of Sections110(a)(2)(C), 319, 313, and 127 of theClean Air Act, as amended, and EPAregulations in 40 CFR Part 58. Thecomplete requirements for an air qualitysurveillance plan are outlined in 40 CFR58.20 and were summarized In EPA'snotice qf proposed rulemaking publishedNovember 24,1980 (45 FR 77464]. TheNovember 24 notice also discussed eachState's submission, proposed approvalof the air quality surveillance plans, andprovided a 60-day public commentperiod. No comments were received.Therefore, this notice takes final actionto approve the air quality surveillanceplan as revisions to the Arizona,California, Hawaii, and Nevada StateImplementation Plans (SIPs).

Under Secti6 n 307(b](1) of the CleanAir Act, judicial review of this finalaction is available only by the filing of apetition for review in the United StatesCourt of Appeals for the appropriatecircuit within 60 days of date of finalrulemaking. Under Section 307(b)(2) ofthe Clean Air Act, the requirementswhich are the subject of today's noticemay not be challenged later In civil orcriminal proceedings brought by EPA toenforce these requirements,

Under Executive Order 12291, EPAmust judge whether a regulation is"major" and therefore subject to therequirements of a Regulatory ImpactAnalysis. This regulation is not majorbecause it only approves state actions.It imposes no new regulatoryrequirements.

This regulation was submitted to theOffice of Management and Budget forreview as required by Executive Order12291.

Note.-lncorporation by reference of theState Implementation Plan revisions for theStates of Arizona, California, Hawaii, andNevada was approved by the Director, of theFederal Register on July 1, 1980,(Sections 110 and 301(a) of the Clean Air Actas amended (41 U.S.C. 7410 and 7001(a)].

40512

Fedieral Register / vol.D46, .No. 153 j Monday;'.ugust 0, 1981. .1 Rules -and Regulations

Date&-july. .'1981Anne MAGorsuch,Administrator.

Subparts,F. -.y, anrdLDof-Partt52tofChapter:I,- Title-4O. mf'itheCode cofFederal Regulafions 'arenamended :asfollows:PART'52-APPROVAL ANDPROMULGATION OFIMPLEMENTATION'PLANSSub partD-.Arizona

-1:.Sedtion!52.1205s anended~byadding paragraph {c) [41) .asfolow.s:

§52.120 Identification of plan.

(c) **

i,41) Thelollo wng -amendments to itheplan were submittedfonNribruarya15.1980,,byithe Governors :designee.

[i ir'0 Quality'Sureillance

Network.

Subpart F-California

2.*Section'52.'220 is amendea'byadding paragra.p'h c 90) as f fllows:

§B5220 lderitificalion'ofplan.

(c) . .(90J TheToflowngamanenments to The

4ilan were su bnfttedion:December 31.1997yg.the'Govemoreszdesignee.

[ij10hapterI2-_AirQualityMonitorig by State and JLocalAirMonritoringStations'SLAMSJ.

SubpartI'--Hawail

3. Section 52.620 is.amend.i.yadding paragraph (c)(12) as follows:

§ 52.120 Idertifcation.f-plan.

(c),(12) The followiig amenaments'io the

-plan-were.submittedonA gust 21. 1980,by the -Govemor.

(i) X ILAir QualityySurveillance:NetWo&k

SubpartDD--Nevada

4.Section 52:1470 is amended,byadding paragraph (c)(19)asifollows:

§52.1470 Identification of plan..* } * " *

:(dV(19) Ihefdllowing'amendments-to the

planwere'submitted-on'june'24. 1980, bythe Governor.

(i) Seclion'1O-State.df NevadaAmbient Air'Quality'Monitofing andSurveillance.

BILNG CODE,'6560-3"4I

DEPARTMENT OFITRANSPORTATION

National Iilghway Traffic SafetyAdministration

.49 CFRBParts512,525,;537, and-555

[Docket'Nos.78-10, Notice'6; FE76-:04,Notice 7;TE 77-03,'Notlce'6, 80:21, Notice3]

ConfidentialiBusiness Information;Deferraeof!EffectiveDates

AGENCY. NationdlfEghway TrafMcSafety.Am miistratlon, DOT.ACTON:TmJn1 rules;ideferraoft'effectivedates.

SUMMARY:.By this notice, the agencydefers thq effective date df its newraulation,.Phrl 512, ConfidentiIaBusiness Injornation, and conformingamendments jnade joParts525. 537, and555. Theiagency pulblisheaPartsi12 on

January 8, 1981({46"FR2049J. Conformingamendments .were .maae o other agencyregulations'simultaneously,[4F0063).SuBsequently,the agencyextendedihetime for filingpetitions forreconsideration of lheiregulation,(46FR10969)., On;March 9, ,1981,,the .agencyreceived.alpetition for reconsiderationfrom the Motor'Vehicle ManufacturersAssociation. To,allowtheagency time torespond do:that petition, theagencydelayed the effective date of theregulation.to 'August,7. 1981,(46FR211.,. Todate, theagencyhas.beenunable o:respond tto the petition forxrecongideration'andconsiders itappropriate!to defer theeffectivedate ofthe-egulationoncetagainuntiltaresponsecanbeussued.In accordancewith the iforegoing.'the teffective dateasextendedfor- odays.,Given thedes'rabilityiofxespondingto thepetitionfor reconsideration before the regulationbecomes effectiverandthe uniminence.ofthe'effective date.,the agency'lor goodcauseflndsithatnoticeandoopporturityforcommentnnithisdeferral areimpracticable andcontraryto thepublicinterest anditherefore notrequired.EFFECTVE'DATE:"rhe newreffectivedateforfPart'512.ana the-amendments:toParts 525,.537. and'5 isNovember.O.-1981.FOR FURTHER INFORMATION CONTACT:Mr. Roger'Tilton, Office ofCliefCounsel. National Highway'Trazffic

Safety Admimtration40o SeventhSt.S.W.. Was'hington.-D.C.I[Z0Z-426-:9511].(Secs. 103.lg..Pub.L-89-563,8o'St iL 718(15U.S.C.-1392.-1407):'dcelegation'oT,authority at49,CFR 1.50

Issued on'August6,'1981.Raymond A.'Peck. Jr.,A dmistrator.FRl)oc.m- Med &-:34 pi4BILUNG CODE 4910-534M

INTERSTATECOMMERCE

COMMISSION

49 CFR Part 1033

[21st'Rev.'S.O. No. 1473]

Ca r:ServlceVariousRailroadsAuthorizedtolse Tracksand/orFacilities of:Chicago,iRocklsIand andPacific RailroadCo.,iDebtor,(Willam M,Gibbons, Trustee)

AGENCY:nterstate CommerceCommission.ACTIO N: 21stRevisedSerice frderTo.1473.

SUMMARY: Twenty-first Revised ServiceOrder No. 1473 authonzed-vaiousrailroads .toaise tracks md/or facilitiesof Chicago. Rock Island and-PacificRailroad Company, Debtor,[.William-M.Gibbons,'Trustee].EFFECTIVEDATE: 12!01 am...Auust 3.1981. andcontinuing ineffectintil -11:59p.m., September'30,1981.mnlessotherwise modified.,amended orvacated by order!of this Commission.FOR FURTHER'INFORMATIONCONTACT.M. F. Clemens. Jr. (202}275--784o.SUPPLEMENTARY 'INFORMATION

Decided:jtuly'31, 1 981.Pursuant to Section 122 nfthe Rock

Island Transition nd EmjiloyeeAssistance Act, Pub.L.96-2541RITEA),the Commissionis aithorizing variousrailroads'to provide-interim'service'overChicago, RockIsTland- anLPadificRailroad Company. febtor (William M.Gibbons.'Trusteel. (RIJ "andtouse suchtracks -and facilities as arenecessary forthat-operation.

In view of-the urgentneed forimplementation-oflong'range solutionsfor continued'rail service'overdlRines,and m consideration of a recentcomplaint'by :theTrustee regarding theabsence26fdcompensation'for the use-ofhis propertyby certam rail carriers.theREiIroadSrnice'Board (RSB] herebyreminds any carriers -which haven'tnegotiated such compensation to do soin the interest'df'coritinued operations.Compensaion'tothe Trsteefis anintegral fparto he interim authority and

40513


an obligation of all interim operators asspecified by paragraph (c) of the order., Appendix A, to the previous order, isrevised by adding at Item 14.C., theauthority for the Cadillac and Lake CityRailway (CLC) to operate betweenStratton, Colorado, and Caruso, Kansas,a distance df approximately 43 miles.Appendix A, to the previous order, isrevised further by adding at Item 21., theauthority for the Iowa Northern Railroadto operate between Cedar Rapids andWaterloo, Iowa; between Shell Rockand Nora Springs, Iowa, and at Vinton,Iowa, a distance of approximately 90miles.

Appendix B of Thirteenth RevisedService Order No. 1473 is unchanged,and becomes Appendix B of this order.

It is the opinion of the Commissionthat an emergency exists requiring thatthe railroads listed in the attachedappendices be authorized to conductoperations using RI tracks and/,orfacilities; that notice and publicprocedure are impracticable andcorxtrary to the public interest; and goodcause exists for making this ordereffective upon less than thirty days'notice.

It is ordered,

§ 1033.1473 Twenty-first Revised ServiceOrder No. 1473.

(a) Various railroads are authorized touse tracks and/or facilities of theChicago, Rock Island and PacificRailroad Company (RI), debtor WilliamM. Gibbons, trustee, as listed inAppendix A to this order, in order toprovide interim service over the RI; and-as listed in Appendix B to this order, toprovide for continuation of joint orcommon use facility agreementsessential to the operations of thesecarriers as previously authorized inService Order No. 1435.

(b) The Trustee shall permit theaffected carriers to.enter upon theproperty of the RI to conduct service asauthorized in paragraph (a).

(c) The Trustee will be compensatedon terms established between theTrustee and the affected carrer(s); or,upon failure of the parties to agree ashereafter fixed by the Commission inaccordance with pertinent authorityconferred upon it by Section 122(a) Pub.L. 96-254.

(d) Interim operators, authorized inAppendix A to this order, shall, withinfifteen (15) days of its effective date,notify the Railroad Service Board of thedate on which interim operations werecommenced or the expectedcommencement date of thoseoperations. Termination of the interimoperations will require at least (30)

thirty days notice to the RailroadService Board and affected shippers.

(e) Interim operators, authorized inAppendix A to this order, shall, withinthirty days of commencing operationsunder authority of this order, notify theRI Trustee of those facilities theybelieve are necessary or reasonablyrelated to the authorized operations.

(f) During the period of the operationsover the RI lines authorized inparagraph (a) of this section, operatorsshall be responsible for preserving thevalue of the lines, associated with eachoperation, to the RI estate, and forperforming necessary maintenance toavoid undue deterioration of lines andassociated facilities.

(1) In those instances where morethen one railroad is involved in the jointuse of RI tracks and/or facilitiesdescribed in Appendix-B, one of theaffected carriers will-perform the' -maintenance and have supervision overthe operations in behalf of all thecarriers, as may be agreed'to amongthemselves, or in the absence of suchagreement, as may be decided by theComnmission.

(g) Any operational or other difficultyassociated'with the authorizedoperations shall be resolved throughagreement between the affected partiesor, failing agreement, by the'Commission's Railroad Service Board.

(h) Any rehabilitation, operational, orother costs related to the authorizedoperations shall be the soleresponsibility of the interim operatorincurring the costs, and-shall not in anyway be deemed a liability of the UnitedStatts Government. -/

(i)'Application. The provisions of thisorder shall apply to intrastate, interstateand foreign traffic.

0) Rate applicable. Inasmuch as theoperations described in Appendix Abyinterim operators over tracks previouslyoperated by the RI are deemed to be dueto carrier's disability,'the ratesapplicable to traffic moved over theselines shall be the rates applicable-totraffic routed to, from, or-via these lineswhich were formerly in effect on suchtraffic when routed via RI, until tariffsnaming rates and routes specificallyapplicable become effective.

(1).The operator under this temporaryauthority will not be required to protecttransit rate obligations incurred by theRI'or the directed carrier, Kansas CityTerminal Railway Company, on transitbalances currently held in storage.

(k) In transporting traffic over theselines, all interim operators-described inAppendix A shall proceed even thoughno contracts, agreements, orarrangements now exist between themwith reference to the divisions of the

rates of transportation applicable to thattraffic. Divisions shall be, during thetime this order remains in force, thosevoluntarily agreed upon by dnd betweenthe carriers; or upon failure of thecarriers to so agree, the divisions shallbe those hereafter fixed by theCommission in accordance withpertinent authority conferred upon'it bythe Interstate Commerce Act.

(1) To the maximum extentpracticable, carriers providing serviceunder this order shall use the employeeswho normally would have performed thework in connection with traffic movingover the lines subject to this Order.

(in) Effective date. This order shallbecome effective at 12:01 a.m., August 3,1981.

(n) Expiration date. The provisions ofthis order shall expire at 11:59 pm.,September 30, 1981, unless otherwisemodified, amended, or vacated by orderof this Commission.

This action is taken under theauthority of 49 U.S.C. 10304,10305, andSection 122, Pub. L. 96-254.

This order shall be served upon theAssociation of American Railroads,Transportation Division, as agent of therailroads subscribing to the car serviceand car hire agreement under the termsof that agreement and upon theAmerican Short Line RailroadAssociation. Notice of this order shall begiven to the general public by depositinga copy in the Office of the Secretary ofthe Commission at Washington, D.C.,and by filing a copy with the Director,Office of the Federal Register,

By the Commission, Railroad ServiceBoard,' members Joel E. Burns, Robert S.Turkington, and John 14. O'Brien.Agatha L. Mergenovich,Secretary. "

Appendix A-RI Lines Authorized To DeOperated by Interim Operators1. Louisiana and Arkansas Railway

Company (LM'A):A. Tracks one through six of the Chicago,

Rock Island and Pacific RailroadCompany's (RI) Cadiz yard in Dallas,Texas, commencing at the point of,connection of RI track six with the tracksof the Atchison, Topeka and Santa FoRailway Company (ATSF) In thesouthwest quadrant of the crosping of theATSF and the Missouri-KansasiTexasRailroad Company (MKT) at Interlockingstation No. 19

2. Peoria and Pekin Union Railway Company(P&-PU):

All Peoria Terminal Railroad property onthe east side of the Illinois River, locatedwithin the city limits of Pekin, Illinois

3, Union Pacific Railroad Company JUP):A. Beatrice, Nebraska

405,14v- v40514

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Rul6s and Regulations

B. Approximately 36.5 miles of trackageextending from Fairbury. Nebraska, to RIMilebost 581.5 north of Hallam, Nebraska

4. Toledo, Peoria and Western RailroadCompany (TP&W):

A. Keokuk, IowaB. Peoria Terminal Company trackage from

Hollis to Iowa Junction, Illinoisd. Chicago and North Western

Transportation Company (C&NW):A. From Minneapolis-St.Paul, Minnesota,

to Kansas City. MissouriB. From Rock Junction (milepost 5.2) to'

Inver Grove, Minnesota (milepost 0)C. From Inver Grove (milepost 344.7) to

Northwood. MinnesotaD. From Clear Lake Junction (milepost

191.1] to Short Line Junction. Iowa(milepost 73.6]

E From Short Line Junction Yard (milepost354) to West Des MoinesIowa (milepost364)

F. From Short Line Junction (milepost 73.6)'to' Carlisle, Iowa (milepost 64.7)

G.-From Carlisle (milepost 64.7) to Allerton.-Iowa (milepost 0)

H. -From Allerton, Iowa (milepost 363) to-Trenton, Missouri (milepost 415.9) "-

L From Trenton (milepost 415.9] to Air LineJunction, Missouri (milepost 502.2)

J. From Iowa Falls (milepost-97.4)'toEsterville, Iowa (milepost 206.9)

K. From Bnrelyn, Minnesota (milepost 57.7)-to Ocheyedan. Iowa (milepost 246.7J

LFrom Palmer (milepost 454.5) to Royal,Iowa (milepost 502)

M. From Dows (milepost 113.4) to ForestCity, Iowa (milepost 158.2

N. From Cedar Rapids (milepost 100.5) toCedarRiver Bridge, Iowa (milepost 96.2]and to serve all industry formerly servedby the RI at Cedar Rapids

0. From Newton (milepost 320.5) to -.Earlham, Iowa (milepost 388.6)

P. Sibley, IowaQ. Worthington, MinnesotaR. Altoona to Pella, IowaS. Carlisle, Indianola, IowaT. Omaha, Nebraska, (between milepost

502 to milepost 504) ]U. Earham, (milepost 388.6) to Dexter,

Iowa (milepost 393.5)6. Chicago, Milaukee, SL Paul and Pacific

Railroad Company (Milwaukee):A. From West Davenport, through and

including Muscatine, to Fruitland, Iowa,including the Iowa-Illinois Gas andElectric Company near Fruitland

B. Washington. IowaC. From Newport, to a point near the east

bank of the Mississippi River. sufficientto serve Northwest Oil Refinery, at St.

-Paul Park, Minnesota - "D. From Davenport to Iowa-City, IowaE. At Davenport, Iowa

7. Davenport, Rock Island and NorthWestern Rdilway Company (DRi]:

A. Moline, IllinoisBRock Island, Illinois, including 26th

Street yardC. From Rock'Island through Milan, Illinois.

to a point west of Milan sufficient toinclude service to the Rock IslandIndustrial complex

D. From Rock Island, Illinos, to Davenort,Iowa, sufficient to include service toRock Island Arsenal

8. SL Lois*Southnvestern Railway Company(SSW:

A. From Brinkley to Briark Arkansas. andat Stuttgart. Arkansas

B. At North Topeka and Topeka. Kansas9. Little Rock & Western Railvay Company:

From Little Rock. Arkansas (milepost 135.2)to Perry, Arkansas (milepost 184.2); andfrom Little Rock (milepost 136.4) to theMissouri Pacific/RI Interchange,(milepost 130.0)

10. Missouri Pacific Rbilroad Company:From Little Rock. Arkansas (milepost 135.2)

to Hazen, Arkansas (milepost 91.5); LittleRock Arkansas (milepost 135.2) toPulaski, Arkansas (milepost 141.0); HotSprings Junction(milepost 0.0) to andincluding Rock Island milepost 4.7

11. Missour-Kansas-Texas RailroadCompany/Oklahoma. Kansas and TexasRailroad Company

A. Henngton-Ft. Worth Line of RockIsland: beginning at milepost 171.7 withinthe City of Herington. Kansas. andextending for a distance of 439.5 miles tomilepost 613.5 within the City of Ft.Worth, Texas. and use of Fort Worth andDenver trackage between Punna junctionand Tower 55 in Ft. Worth

B. Ft. Worth.-Dallas Line of Rock Islandibeginning at milepost 611.9 within theCity of Ft. Worth, Texas, and extendingfor a distance of 34 miles to milepost 646.within the City of Dallas, Texas

C. El Reno-Oklahoma City Line of RockIsland: beginning at milepost 513.3 withinthe City of EIReno, Oklahoma, andextending for a distance of 10. miles tomilepost 496.4 within the City ofOklahoma City, Oklahoma

D. Salina Branch Line of Rock Islandbeginning at milepost 171.4 within theCity of Henngton. Kansas, and extending,for a distance of 27.4 miles to milepost198.8 in the City of Abilene. Kansas,including RI trackage rights over the lineof the Union Pacific Railroad Companyto Salina, (including yard tracks) Kansas

E. Right to use joint with other authorizedcarriers the Henngton-Topeka Line ofRock Island- beginning at milepost 171.7within the City of Henngton. Kansas, andextending for a distance of 81.6 miles tomilepost 89.9 within the City of Topeka.

-Kansas, as bridge rights onlyF. Rock Island rights of use on the Wichita

Union Terminal Railway Company andthe Wichita Terminal Association. alllocated in Wichita, Kansas

G. Rock Island right to use interchangetracks to interchange with the GreatSouthwest Railroad Company located inGrand Prairie, Texas

-t The Atchison Branch from Topeka, atmilepost 90.5, to Atchison. Kansas. atmilepost 519.4 via St. Joseph. Missouri. atmileposts 0.0 and 498.3, Including the useof interchange and yard facilities atTopeka, St. Joseph and Atchison. and 'thetrackage rights used by the Rock Islandto form a continuous service route, adistance of 111.6 miles

I. That part of the Mangum Branch Linefrom Chickasha, milepost 0.0 toAnadarko at milepost 18. thence south onthe Anadarko Line at milepost 460.5 to

milepost 485.3 at Richards Spur. a-distance of 42.8 miles

J. Oklahoma City-McAlester Line of RockIsland. Beginning at milepost 496.4 withinthe City of Oklahoma City. Oklahoma,and extending for a distance of 131.4miles to milepost 365.0 within the City ofMcAlester. Oklahoma

12 Norfolk and Western Railway Company:Is authorized to operate over tracks of the

Chicago, Rock Island and PacificRailroad Company running southerlyfrom Pullman Junction. Chicago. Illinois,along the western shore of Lake Calumetapproximately four plus miles to thepoint. approximately 2,500 feet beyondthe railroad bridge over the CalumetExpressway, at which point the RI trackconnects to Chicago Regional PortDistrict track; and nmning easterly fromPullman junction approximately 1.000feet into the lead to Clear-View Plastics,Inc., for the purpose of serving industrieslocated adjacent to such tracks andconnecting to the Chicago Regional PortDistrict. Any trackage rightsarrangements which existed behveen theChicago, Rock Island and PacificRailroad Company and other carriers,and which extend to the ChicagoRegional Port District Lake CalumetHarbor, West Side, will be continued sothat shippers at the port can have NIVrates and routes regardless of whichcarrier performs switching services

13. Southern Railway CompanyA. At Memphis. Tennessee

14. Cadillac and Lake City Railroad;A. From Sandown junction (milepost 0.1).

to and including junction with DRGWBelt lane (milepost 2.7] all in the vicinityof Denver, Colorado

B. From Colorado Springs (milepost 609.1)to and including all rail facilities atColorado Springs and Roswell. Colorado(milepost 602.8). all in the vicinity ofColorado Springs. Colorado

-C. From Limon. Colorado (milepost 532)to but not including Caruso. Kansas(milepost.429.3). with over-head-nghtsfrom Caruso to Colby, Kansas, in orderto effect interchange with the UnionPacific

D. Rock Island trackage rights over UnionPacific Railroad Company betweenLimon and Denver, Colorado

15. Baltimore and Ohio Railroad Company:A. From Blue Island. Illinois (milepost 15.7)

to Bureau. Illinois (milepost 114.2).,adistance of 98.5 miles

16. Cedar Rapids and Iowa City RailwayCompany (CIC):

A. From the west intersection of LafayetteStreet and South Capitol Street. IowaCity, Iowa, southward for approximately2.2 miles, terminating at the intersectionof the RI tracks and the southern line ofSection 21. Township 79 North. Range 6West. Johnson County. Iowa. includingspurs of the main trackage to servevarious industry: and to effectInterchange with the Chicago.Milwaukee, St. Paul and Pacific RailroadCompany

m40515

FederalRegister / VoL 46, No. -153' / Monday, August 10, 1981 /, Rufes and Regulations'

17 Keola Waslifngton, TransportationCompany:

A. FRom Keota to Washington, Iowa; to.effect'interchange with the Chicago,Mitwaukde, St. Paul and Pacific RailroadCompany at Washingtonjowa, and toserveanyindustnes on the formerRiLwhich are not being served presently.

B. At Vinton,, Iowa (milepost 120.0 to 123.01C. FioinVinton Junction. Iowa (milepost '

23.4) tor Iowa Falls,, Iowa (milepost 974)18. TheLaSalle'andBureau County Railroad

Company:A. From Chicago,(milepost 0.60), and Blue

Island, Illinois (milepost 16.61]. and yardtracks 6, .andl10; and crossover 115 toeffect interchange at. Blue Island, Illinois

B. From WesternAvenue (Subdivision.1A,milepost 16.6) to 119th Street(Subdivision 1A., milepost. 14.8), atBlueIslandIllinois

C. From Gresham (subdivison.1milepost10.0), to South Chicago (subdivision 11,milepost 14.5] at Chicago, Illinois

19. The Atchison,, Topeka andSanta FeRailiway Company:

A. At Alva, Oklahoma20. The Hrandon Corporation:

A. From Clifton, Kansas (milepost 197.0],to Manhattan, Kansas (milepost 1430), adistance of approximately 53 miles-

+21. Iowa ArortherrRailroadA. From CedarRapids, Iowa (milepost-

100.5), to Waterloo, Iowa (milepost150.76Y

B. From Shell Rock, Iowa (milepost 17.1),to Nora Spnngs, Iowa (milepost 211.40J

C. At Vintori, Iowa, and west on the rowa-Falls Line, to milepost 22.5

+Added'..-Changed'.

IMR Doe. 81-23199 Filed 8-7-81;-8:45 aml ,

BILLING CODE. 7035-01--K

49 CFR Part 1.100

[Ex Parte No. 55 (Sub-No. 45A)]

Appellate Procedures

AGENCY' Interstate CommerceCommission.ACTION: Final- rule.

SUMMARY: The Commission amends,Rule 98(cl.7)%i) (49 CFR 1,100.98(c)(7)CU))to provide that a petition. in court toreview an administratively finalCommission decision may be filed onthe same, date the decision is served.The amendment is necessary becauseRule 98' in its present form misinterprets49 L.S'C. 10327i.DATES: The rule is effective on. August10, 1981.FOR FURTHER INFORMATION CONTACT,

Ellen D. Hanson, (202)'275-7245; orLes Miller, (202) 275-7266.SUPPLEMENTARY INFORMATION: TheCommission adopted new' appellateprocedures in an earlier decision dated

March 25,1981, served April 8; 1981, andpublished at 46 FR 20204, April F3 19&.

Rule 98(c)(7)(i) (49 CFR1100.98(cff7)(i]) is based on 49'U.S.C.10327(i). This rule provides-

In a rail proceeding, the actioni f notstayed, shall become effective 30 days after itis served, unless the acting body provides forthe action to become effective'af amearlferdate. On the day after the date the action isserved parties may initiare judicial review.

Upon. further consideration, and forthe reasons discussed.beIow, weconclude thatthe emphasizecLportionmofRule 98 should be, amended because itmisinterprets section' 10327(ij by'indicating that- a petition. in court toreview an admmistratively'final raildecision 2 (decision) is premature, andtherefore of no effect, if'filed on, thesame day the decision is served..Thecorrect interpretation of section 10327(i)is that petitions for court review may befiled as soon, as a decisioris; served.

In its original form, section 10327(ilappeared at 490U..C.17(9], a;product ofthe Transportation, Act df 1940. Section17C91 was amended, to secfion,17(9)cJr onFebruary 5,1976 by Pub. L. 9,T-120,303(a) (the 4R.Act). Sectionr17(9)(h) wasrecodified to appear at secfon.1032 Wion October 17, 1978, by Pub. L. 95-473,(the recodificatfon.

The Original ProvisionSection 17(9) provided:When an application forrehearing

reargument, or reconsideration of anydecision * ' * of'a division, an indivfdualCommissioner, or.aboard with respect to-anymatter assigned or referred to-'hii or it shallhave been made .nd * ' denfed,, or-* ' *otherwise disposed of, by the Cbmmissforr oran appellate decision,a suit to enforce,enjoin, suspend, or set asfde- such decision;* * "maybe brought in a court'of theUnitedStates under-those provisions oflawapplicable ir the case of suits to enforce,enfoin, suspend or set aside orders of theCommission; but not otherwise.

The words."provfsfons of lawapplicable* * " refer'ta,28,U.S.C, 2344,the Hobbs Act. The-Hobbs Act sets;guidelines for court review of severalfederal agencies" decisions, includingthis Commission's. Among'other things;section 2344 establishes the period whenpetitions for court review of agency

,decisions may be filed. It provides in.pertinent part:,

On the entry' of-a final orderrevi'ewab'eunder this chapter, the agency shall'promptlygive notice-thereof by service orpublicationin accordance-with its rules. Any party

' The rules became eflectfve upoirpuicationrrAprir3. 1981.

'An admifnistratively'inaI rail decision is-onefrom which there Is no administratveiappealr atnghL See. 49US.C. 10327(g).

aggrieved by the final, order may within 60days after its entry, file a petition to reiewthe orderin the court of appealswherein.venue lies.

The emphasized portion of sectfon.2344 was considered in Chem-Iaulers,Inc. v. United States 53(1 F.2d 610, (thCir. 1976). The court held'that thesigning and sealing of a pommissiondecision by the Secretary., whichcorresponded to the date of service;constituted "entry" of the decision, andfixed the data when the 60-day periodcommenced. (536 F.2d at 614-615,)1

Under 49 U.SC. 17(9) therefore, apetition. for court review was timely' iffiled on the same date the decisionappealed from was served.

The 4R Act Amendment

Section 17 was amended by the 4RAct in 1976. by redesignating paragraphs(9) through (12) as paragraphs (101,through (13), and by inserting a' newparagraph (9) with sub-paragraphs (a']through j). Siection 17(9Y was changed t'osection 17(9)(h) and provided:

Notwithstanding any other provision, of thisAct, anydecisiom order, or requirement ofthe Commission, or of-a duly designateddivision-thereof, shall, be, final: on; the date.tonwhich it is served. A civil action. to enforce,enjoin, suspend, orset aside such ai decision. . * may be brought pfter such date Ira.court of the.United States pursuant to th.provisions of law which are applicabloio.suits to enforce, enjoin, suspend; or setasideorders of the Commission.

Section 17(9)(h) was substantially thesame as its predecessors except thatsection 17(9)(h) included the phrase"after such date." The phrase created ailatent ambiguityin section 17(9)(h).r

In'this case, the first emphasized partof section 17(9)(h) states that petitionsfor court review may not be filed untilthe day following service of'a finaldecision. However, based on the holdingin Chem-Haulers, the last part of the,emiphasized portion of section17(g)(h)refers tothe Hobbs Act, and;means'thatpetitionse for court review may be filildas soon as a final demsion is served'.

The issue presented, therefore, iswhether Congress intended to delay. forone day, the time for commencement of

3 Although the Chem-I-aIuler. decision Imbasedioereview of a motor, proceeding; the."entrylt dlte;holding applies-to rail proceedings because thoiCommission "enters" all Its declsions;Inithesumiemanner. and because section 2344 applies to eacrcase where judicial review or a Commissiondecision is sought.

'An ambiguity exists when Iwo'or niordprovisions of a stauteaajfnconsistent, Alhrentambigultyis one which is'notapparenton ihd'faco6f the statute, rather it Is discovered as a rasutt ofinterpreting the words In different: ports ortho samestatuten.B.R. Anderson 5 Co.v.US,.2otF.Supp. 31011901).

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the 60-day period for filing petitions forcourt review when the phrase "aftersuch date" was added to the language ofsection 17(9)(h). For the reasonsdiscussed below, we find that Congressdid not intend for the phrase "after suchdate" to act to delay the commencementdate for filing petitions for review ofCommission decisions. 5

The primary source of a statute'sintended meaning isits legislativehistory. The history of section 17(9)(h) iscontained infour reports. 6There is noindication i'any report thatthe words"after such date" were inserted in orderto delay the-filing date for petitions forcourt review.

In fact, there is no discussion ofsection 17(9)(h) in the reports at all.Rather, the proposed language, identicalto the enacted statute, is merely quotedin the House reports, with noelaboration on its -intended meaning.There is no mention of the fact thatadding the phrase "after such date"creates an ambiguity in section 17(93(h).Nor is there any attempt by Congress torectify or.eliminate the ambiguity byeliminating reference to the Hobbs Actin the latter part of section 17(9)(h) or byamending the Hobbs Act to beconsistent with the new language insection 17(9)(h). We conclude thataddition of the phrase was inadvertentinsofar as the literal meaning of thephrase "after such date" is concernedbecause we-do-not believe Congressintended to make section 17(9)(h)ambiguous.

Although there is no enlightemngdiscussion of section 17(9)(h) itself, wecan look to the overall purpose of the 4RAct for guidance in interpreting thatsection."

The purpose of title III of the 4R Actwas to reform Commission practice andeliminate wasteful and time-consumingregulatory practices. (See, for example,S. Rept. No. 94-499, pp. 1 and 15.) Webelieve that it is appropriate to ascribeto section 17(9](h) the policies of swiftdue process stated in'the reports.

We can make sense out of the phrase"after such date" and implementCongress' intent to speed up theadministrative process, which includes

5'When faced with a problem of statutoryconstruction. -the courts show great deference to theinterpretation given the statute by the agencycharged with its administration. Udall v. Tallman.380 U.S. 1.17 (1964).

6S. Report No. 94-499. 94th Cong.. 1st sess.: H.Repi No. 94-725. 94th Cong.. 1st sess.: H. Rept. No.94-768 fist Conf. Rapt.) 94th Cong.. 1st sess.- and H.RepL No. 94-1781 (2d and Final Conf. Rept.) 94thCong.. 2d sess.

judicial review of administrativedecisions, by interpreting the word"date" to mean "time." In so doing, theambiguity in section 17(9)(h) is removed,consistency with the Hobbs Actinterpretation in Chem.Haulers ismaintained, and the overall purpose ofthe 4R Act, to speed up the regulatoryprocess, is carried out.

The Recodification

Section 312 of the 4R Act directed theCommission to modermze and revise theInterstate Commerce Act. Therecodification, Pub. L 95-473, restatesthe Act without substantive change.7Section 17(9)(h) was recodified toappear at section 10327(i). Section10327(i) reads:

Notwithstanding this subtitle, an action ofthe Commission under this section and anaction of a designated division undersubsection (c) of this section is final on thedate on which it is served, and a civil actionto enforce, enjoin. suspend, or set aside theaction may be filed after that date.

Comparing this provision with itspredecessor, we see that the words "in acourt of the United States pursuant tothe provisions of law which areapplicable to suits to enforce, enjoin.suspehd, or set aside orders of theCommission"', which appeared insection 17(93(h), are-omitted from therecodification. It vould appear,therefore, that the ambiguity discussedabove is eliminated by the exclusionand that the plain meaning of the statutenow is that petitions for court reviewmay not be filed until the day followingservice of a final decision.

However, as noted above, substantivechanges in the statute resulting from therecodification were not intended.Therefore, although the ambiguouswords from section 17(93(h) do notappear. section 10327(i) is supposed tohave the same meaning as section17(9)(h). The legislative history ofsection 10327(i) itself confirms this. TheHouse report states that the wordsreferring to the Hobbs Act were omittedas surplus in view of the jurisdictionallanguage of 28 U.S.C. 2344. (H. Rept. No.95-1395, 40.) It is clear, therefore, thatthe Hobbs Act continues to apply topetitions for court review of finalCommission decisions.

Accordingly, we hold that the words"after such date" in section 10327(i)mean "after sucb time". and thatpetitions for court review of final

'See It. Rept. No. 95-1395. pp.1 and 4.

Comnussion decisions may be filed onthe same date the decision is served.

Amending Language

To make Rule 98 consistent withsection 10327(i), as construed above, wewill amend the last sentence of Rule98(c)(7)(i) by eliminating the words"after the date."

Administrative Procedure ActRequirements

The Administrative Procedure A tprovides that a notice and commentperiod is not required when the rule inissue is an interpretative rule. (5 U.S.C.553(b](3](A).) Also, an interpretative rulemay be made effective immediately. (5U.S.C. 553(d)(2).) The rule consideredhere is an interpretative rule because itinterprets an ambiguity in section10327(i); therefore, we will not providefor notice and comment, and theamended rule will be effectiveimmediately.

We fjnd:This decision does not significantly

affect the quality of the humanenvironment or the level of energyconsumption. This decision will have apositive impact on small businesses.This action is taken pursuant to 49U.S.C. 10321 and 5 U.S.C. 553.

It is ordered:1. The last sentence of Rule 98(c)(7](i)

(49 CFR 1100.98(c)(7](i)) is amended byremoving the words "after the date."

PART I1OD-GENERAL RULES OFPRACTICE

As amended. Rule 98(cJ(7)(i) is revisedto read as follows:

§ 1100.98 Appellate procedures.

(C)(7)[i) In a rail proceeding, the action. ff

not stayed, shall become effective 30days after it is served, unless the actingbody provides for the action to becomeeffective at an earlier date. On the daythe decision is served parties mayinitiate judicial review.

2. This decision is effective on August10.1981.

By the Commission. Chairman Taylor.Commissioners Gresham. Clapp. Trantumand Gilliam.Agatha L Mergenovich.Secretary.IFR Doe. 8i-Z= FiLed 87-81: &4 arni

BIMJNG CODE 703S-o1-M

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40518, Federal Register / VoL 46, No. 153 / Monday, August 10,. 1981 / Rules and Regulations

DEPARTMENT OFCOMMERCE

National Oceanic and AtmosphericAdministration

50 CFR,,Part 674,

High Seas Salmon.Off Alaska

AGENCY: National Oceamc andAtmospheric Administration, (NOAA]',Commerce.ACTION: FinaLrule.

SUMMARY:. The Director;,Alaska.RegfonNational Marine Fishenes, Service.issues a final.rule (field order)l thatcloses the eastmanagement area in theGulf of Alaska off southeastAlaska to,commerical fishingforsalmombyvessels of the United States' for a period

,from 12:01 a.m.. Pacific Daylight Time.'(PDT}' on' August 10; 1981. throughll."9p.m. on September 20,, 19K1. The Director"is taking this; action: (1). ta reduce theoffshore catch of coho salmon and. 21, toterminate the catch of clunook salmon'inthe fishery, conservation zone. lathe.absence of this' closure,, Insufficientnumbers. of coho sarmon. will escape toinshore waters to provideboth forexpected harvestsby inshore fisherfesand for spawnfingescapementlikewise,.the catch of chfnook salmon courd.exceed the optimum yield iffishing isallowed to continue beyond August10,1981.EFFECTIVE.DATE: Section 674'.21(aI(21subparagraphs (iJ and (H' are suspendedfrom 12:01 a.m., PDT, August 10,1981until 12:01 a.m., PDT, September 21, 1981and subparagraphs (iii) and (iv) areeffective~fronml2.01 am;n, PDT, August10, 1981 until 11:59 p.m., PDT. September20, 1981.

Public comments' are invited. untilSeptember 9, 1981.ADDRESS: Comments may be sent toRobert W. M6Veyp. Director, AlaskaRegionNationa Marine Fisheries-Service',P,.Ot Box.1868,,Juneau, Alaska:99802.FOR' FURTHER'INFORMATION'CONTACT,William L., Robinson (address above);907-586-7229.SUPPLEMENTARY' INFORMATION: The.Fishery Management Plan for the HighrSeas Salmon Eishery'Off the Coast ofAlaska East of 175' East Longitude(FMP} provides for inseasonadjustments to season and area,openings or closures. Implementing rulesin 50 CFR Part 674 (published June 26,'1981 at 46 FR 33041J speciffn Section674.23(a) that these decisions shall bemade by the Director, Alaska Region,National Marine Fisheries Service(Regional Director), under criteria setforth in that section.

FMP Amendment 1, adopted by theNorth PacificManagement Council(Council) and. approved andimplemented by the Secretary ofCommerce in September'1980(45 FR59172), provides for an mseason closureof the commercial salmon troll fishery m.the. fishery conservation zone LFCZ, offSoutheast Alaska to reducethe offshorecatch of coho salmon, consequentlyincreasing the escapement of cohosalmomboth to.inshore fishingareast andto spawning streams.Accordin&tQAmendment 1, the closure is tocorrespond.with the State ofAlaskafclosure of the fishery in State wafers.

The closure was adopted becauserecent major shifts. oftroll effort andharvest from the ihshore fisfing districts,to the offshore (IFCZ plus, outerterritorial sea] fishnggrounds havereduced thenumber of coho salmonreaching, the. inshore distri'cts-.This shiftof effort and, catch. especially. by thepower troll fleet,, changed, the harvestbalance between inshore, and, offshore:fisheries and applied greater fishingpressure tomixed coho stocks furtherfronr thefrnatural streams Clablr'e''. The'resulthas, been' reduced spawning:escapements'in'some streams' as'welrasgreater restrictions, on inshorenetfisheries for pink, sockeyei and chumsalmon and the inshore, troll, fishery'.

Table 1.-Coho. Salmon, Power Troll CatchFrom- Inshore -Versus, Offshore FishingAreas, 1975-80

Inshore Offshore

Nurn- Per- Nurm Per.ber cent, ber cent'

1975_ _ '121,333, 7/0L, 51 .813, 30197t 2181: 46 2U.F707' 54

197'7:'...... 189,83T6 54. 161,278M 4S1978 -_...... . 40",G65 U 463,79a: Gal1979 ... . . .141.832 21 531,379 79-1980 ..................... 296;813 42 409.687 58-

Analysis of198Q catchindicates thatthe 10-day closure fromiury, 15-25, 1980'occurred too' early to be fully effective.Despite the. crosure,, the offshore cohosalmon catch was stil 58'percent ofthetotaL coho, salmon troli cafch comparedto the1975--77'average of43.percent, andspawning escapements.were.poor.

Recent offshore power troll'catches ofcoho salmon-have been well belowaverage for this time period. Recentcoho salmon troll catches from IcyStraits, a corrid'orwhere, coha salmorrmove front offshore to inshore, andterminal area gillnet fisheries' arL- belowaverage. The'sport fishery for coho'salmon in the Juneau area is similarlybelow average. Although early coho.catches from the various fisheriescannot'be used with precision to predictthe ultimate size, it is evident, that the

run neither is larger than'average norhas it yet moved into the Inshore fishingdistricts. Current analysis of the timingof the 1981 coho salmon run indicates,thatthe closure should begin on August10, 1981.

Amendment Zto the FMP, adopted, by,the Council and approved by theAssistant Administrator,, reduces thechinook salmon optimum yield (OY,range for theEastmanagemefit area- by,15.percentfroin 288,000-320,000,to243,O0-27200g fish. The OY redtuctlonwas d'eterminect tabe,'necessary to6respond tmsevere: conservationproblems arising from.the depleted

,condition of many of the chinook salmon.stocks harvested by'th m Southeast,Alaska troll fishery Thei QYincludes: allchinook salmon. commerciallycaught irboth thveFCZ and' State ofiAlaskalwaters. Trollingin the only'commercial.fishing gear authorized by the FMP'tolharvest salmonr r the'FCZoffSoutheastAlaska. '

The chinook salmon OYreduction'lsto be implemented byta, combination ofa delayed season opening, ant early,season closure; gear-restrictions, andinseasontimefarea clbsures'. Thelinseason management strategy'during,1981 was to' attemptro, delay! theachievement ofthe chinook salmon OYin order to, allowr concurrent fishing for'both coho and, chinook salmon dunngmost of July, and August. Prematureachievement ofrthe, chinook salmon, Ocould result in termination, of the cohosalmon fishery before the coho salmonOY was achieved, if irwere determined'that continueidfishing only. forcoho.salmon would be damaging ta chinooksalmor. stocks. Although, trollers, can'target on either coho or chinook salmonto some extent, a' chinook-salmon-onlyclosure at the endioftheseason could'result in, substantial chfnook salmonrhooking mortalities;and wastage of'legal-sfzed'chfnook salmon. Although,this cfrcumstanc& could' be tolerated! fora short time-towardthe end ofitheseason when'fishing effortand chinooksalmon catches, are, normally'declining,it would be, intolerable, during the first-half of August when fishing effort andchinook salmon catches. are stillsubstantial.

Commercial trollingfor salmon offSoutheast Alaskai began in 1981 on'May15, one montli later than' during 1980.Despite the late opening, earl 'seasoncatches oftchinook salmon wereextremely high and. resulted in' aprojection that thechinook salmoniGYwould be achieved by August 8-15 As' aconsequence, the commercial trollfishery was closed for nine days fromJune 26 through July 4 in order to slow

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Rules and Regulations 40519

the chinook salmon catch rate, Despitethe June 26-July 4 closure, lugh:chmooksalmon catches have continued to occur,At the present rate of harvest the-Southeast Alaska commercial troll catchof chinook salmon is estimated to-be at-least 240,000 fish by August 10. TheState of Alaska intends to close itsterritorial waters-forlo days beginningAugust 10, butwill reopen for bothchinook and coho salmon fishingapproximately August 20, 1981.Although the projected catch of 240,000chinook salmon by August 10 is still -below the maximum troll OY ceiling of252,000 chinooksalmon, it is expectedthat the OY-willbe-aclieved orexceeded by-continued chinook salmonfishing in-State waters after they arereopened. Therefore, the RegionalDirectorhas found that continuedfishing-for-chinoo-k salmonin the FCZbeyond August10, 1981 iMlTesult-in'theOY beingexceeded. The RegionalDirectorhas TurIher-found-thatheFCZshould not-reopen to -cho salmonfislffngconcurrently with the Statereopening territorial waters onapproximately August:20 because:'(1)the incidental-catch-and consequenthooking mortalities to chinooksalmonwould be unacceptable; (2) coho salmoncatchesinthe FCZ are normallydeclining after August= t3) 1the 1981coho salmonrni isIo-date.belowaverage-and the-coho salmon resourcewilbenefit from-theadditionalprotection; and.[4) thsmction isconsistent-with the stated objective ofthe FIM to ",control and.reverse recenttrends of:expanding-effort and catchinouterzcoastal and offshore SoujheastAlaskan waters .to accomplish-conservation goals." Therefore, .theRegionalllirectorihas -found that theeast management area in the-Gulf ofAlaska offiSoutheastAlaska shouldclose to commercial salmon trolling at12:01 a.m. PDT August 10, 1981.

Becausethe information upon'whidhthe Regiona]-Direclorbased.his adinghas-Dnlyrecenly become available, itwould be impracticableto -provide ameaningful iqppottunity forprior-publicnoticeu-and comment-on -tlis field-orderand sllimpose a.prompt -closure toassure attainment of-the-chinbok salmonOYand sound- conservation of the cohosalmon resources.The-Regional DirectorthereTore inds. under-S -U.S.C..553 fb[3)and fd)(3), that there is good causelor

not providing opportunity for publiccomment on this field order prior to itspromulgation, and for not allowing thepassage of the normal 30-day periodbefore it goes into effect. Therefore, thisfield order shall become effectiveimmediately following its filing forpublication in the Federal Register andpublication and broadcast for 48 hoursthrough procedures of the AlaskaDepartment of Fish and Game, inaccordance with 50 CFR 674.23(b)(2).Under 50 CFR 674.23(b)(3), publiccomments on this field order may besubmitted to the Regional Director at theaddress.stated abovefor 30 daysfollowing the effective date. During the30-day comment period, the data uponwhich tlus field order is based will beavailable forpublic.inspection duringbusiness hours [8:00 aam-4:30 pan.) atthe'NMFS Alaska Regional Office,Federal Building, Room 453.709 West9th StreetJuneau. Alaska.'The RegionalDirector will reconsider the necessity oftlus field order inhight of the commentsreceived, and subsequentlypublishinthe FederalRegister a notice either,confirming this field order's continuedeffect or modifying or rescinding it.National Environmental Policy Act

A final environmental impactstatement was prepared on approvalandimplementation of the FMP underSection 102(2) Of the National.Environmental Policy Act and wasfiledwith-the Environmental ProtectionAgency [EPA) on January18.1979. Afinal supplemental statement wasprepared on-Amendment 2 to the FMPand-was filedivith EPA on May 1. 1981.

Classification

'The Administrator of NOAA-basdeterminedhat this field orderis not a"major rule" requiing atregulatoryimpact'analysis underExecutive: Order12291. The-short-term restictions.imposed-on troll-fishermenby this fieldorder-axenot expected totresult incountervailing-short-term decreases ininvestment, productivity, and -competitiveness or in significantincreases in consumer prices, and-areifiherent-in the.managementregimealready-providedlforin the FMP.Consequently, the Administratorcertifies that this field order-wldl nothave a significant impact one

substantial number of small entities, andthus does not require the preparation ofa regulatory flexibility analysis under 5U.S.C. 603 and 604. This rule does notcontaina collection ofiformationrequirement, and does not involve anyagency in-collecting or sponsoring thecollection of information. for purposes of,the Paperwork Reduction Act of 1980.

Because of the need outlinedpreviously for prompt actionto preventthe chinook salmon OY from beingexceeded and to reduce the offshoreharvest of coho salmon, this field orderresponds to an emergency situationwithin the meaning of Section 8 ofExecutive Order 12291, and is thusexempt from the requirement of Section3(c)(3) of that Order that itbe submittedto the Director of the Office ofManagement and Budget 10 days priorto publication. This field order is beingtransmitted to the Directorsimultaneously with its filing in -theFederal Register.

Dated: August 6,1981.E. Craig FelberActing Dept yExecutiaectorNationo)Moanne Fisheries Se rice.

For thereasons set forth in thepreamble. 50 CFR Part 674 is amendedas follows:-1. The authority.citation for Part 674

reads as follows:Authofity 216 US.C. 1555.

2. In 50 CFR Q74.21(a]2).subparagraphs(i) and (ii) are suspended untill2:01a.m.. PDTSeptember 21.1981 and twonew subparagraphs (ii') and (iv] areadded oead as follows:

§ 674.21 Time and area limitations..(a) Conzmercial Fishhng.

(2) East Area.- *

(iii] Commercial fishing for chinook.pink. chum. and'sockeye salmonin the.East Area is permittedfor1981 onlyfrom 12:01 an.m., PDT, onMay15 until11:59 p.m., -PDT-on August 10.

(iv Commercial-fishing for cohosalmon in the East Area islermitted-for1981 only froml2:0M am.. PDT,-on June15 until 11:59 p.m., PDT. on August 10.

IM C M-2l3d 5-741±-M amj

SLLIG CODE 3510-22-M5 -

40520

Proposed Rules Federal Register

Vol. 46, No. 153

Monday, August 10, 1981

This section of the FEDERAL REGISTERcontains notices to the public of theproposed issuance of rules andregulations. The purpose of these noticesIs to give interested persons anopportunity to participate in the rulemaking pnor to the adoption of the finalrules.

DEPARTMENT OF THE TREASURY

Comptroller of the Currency

12 CFR Part 7

[Docket No. 81-141

Definition of Capital and Surplus forAnalytical and Statutory PurposesAGENCY: Office of the Comptroller of theCurrency, Treasury.ACTION: Notice of proposal to issue astatement of policy and notice ofproposed rulemaking.

SUMMARY: On July 24,1980, the Office ofthe Comptroller of the Currency("OCC") published m the FederalRegister a proposed rulemaking (45 FR49276), which would have redefinedcapital and surplus for the purpose ofcalculating various statutory limitationson activities of national banks.Comments were requested on thatproposal. The OCC reviewed thecomments received and has concludedthat a second proposal is.desirablebefore the adoption of a final rule. Inaddition, a policy statement is beingproposed on the analytical frameworkby which the OCC will evaluate abank's capital for capital adequacypurposes. The OCC believes that theadoptionof an analytical frameworkconsistent with the varying protectionsprovided by the different components ofa banks' capital base simultaneouslywill improve the OCC's supervisoryprocedures and assist national banks mevaluating and managing their capitalpositions. These two items use the samedefinition of capital and are beingpublished together to assure maximumconsistency between them.DATE: Comments on the proposedregulation and policy statement must bereceived on or before October 9, 1981.ADDRESSES: Comments should be sentto Docket No. 81-14, CommunicationsDivision, Third Floor, Office of theComptroller of the Currency, 490L'Enfant Plaza, SW., Washington, D.C.20219, Attn: Marie Giblin. Telephone:

(202) 447-1800. Comments will beavailable for public inspection andphotocopying.FOR FURTHER INFORMATION CONTACT:Robert B. Norris, National BankExaminer, Office of the Chief NationalBank Examiner, Office of theComptroller of the Currency, 490L'Enfant Plaza, SW., Washington, D.C.20219. Telephone: (202) 447-1165.SUPPLEMENTARY INFORMATION:

Special Studies

No Regulatory Flexibility Analysis orRegulation Impact Analysis has beenprepared for this proposal. A RegulatoryFlexibility Analysis is not requiredbecause interpretive rulings are notcovered by the provisions of theRegulatory Flexibility Act. A RegulatoryImpact Analysis is not required becausethe OCC has determined that theproposal-is not a "major rule" as definedby Executive Order 12291.

To make that determination, the OCCconducted a preliminary analysis of theprobable economic effects of thisproposal. That analysis indicated thatthe proposal would result m a one-timeincrease in the book value of aggregatenational bank capital, as defined by theOCC, of less than five percent. Thatincrease will be small and representsmerely the reclassification of fundsalready on hand. It is not expected tohave significant economic effects.

Most national banks will see amoderate increase in their capital/assetratios as a result of this proposal, whichwill enable them to compete moreaggressively for deposits and otherliabilities and in turn enable them to bemore aggressive supplier of loanablefunds. Since the overall demand forbank credit is determined by generalbusiness ,conditions, such efforts toexpand liabilities and assets can beexpected to come largely at theexpenses of competitors.,Thus themacroeconomic effects of the proposedredefinition should be minimal, while itsmicroeconomic effects on the moneyand credit markets will beprocompetitive.Drafting Information

The principal drafters of thisdocument are Robert B. Noms, NationalBank Examiner, Office of the ChiefNational Bank Examiner, and Robert M.Taylor, III, Attorney, Legal AdvisoryServices Division.

Part A-Notice of Proposal To Issue aStatement of Policy on Components ofCapital Adequacy Analysis of NationalBanks by the Office of the Comptrollerof the Currency

Introduction

The OCC published a notice ofproposed rulemaking on July 24, 1980, Inthe Federal Register (45 FR 49276),which concerned the need for areexamination of the appropriate capitalbase on which to limit concentration ofrisk and exposure to loss by nationalbanks, That notice proposed to redefinecapital 1 and surplus 2 as used incalculating statutory limits imposed oncertain activities of national banksbased on those items. Approximately800 comments were received in responseto the July 24, 1980, proposal, Thesecomments madeclear that themanagerial and supervisory Issue ofbank capital adequacy could not beseparated from the definitions of ca italand surplus applicable in calculatingcertain statutory limitations.'Consequently, in order to promoteclarity and uniformity, both within theOCC and for national banks, the OCC isproposing a policy statement to reflectthe analytical framework which theOCC will use in capital adequacyanalysis. The components of thisanalytical framework, i.e,, those Itemsthat make up a bank's capital base forcapital adequacy purposes, are dividedmto two groups, Primary Componentsand Secondary Components. The itemsm these two components are the same

I Certain activity limiting statutes use the word"capital" while others use the words "capitalstock." In the following discussion of the proponedamended rule interpreting these activity limitingstatutes the word "capltal" Is generally used,although both terms are defined in the proposedamended Interpretive Ruling. The word "capital"and the words "capital stock" are consideredmterchangeable for purposes of the proposedamended Interpretive Ruling.

2 Certain activity limiting statutes use the word"surplus" while others use the words "unimpairedsurplus fund." In the following discussion of theproposed amended Interpretive Ruling the ward"surplus" is generally used although both terms aredefined in the proposed Interpretive Ruling, Forpurposes of the proposed amended InterpretiveRuling, the word "surplus" and the words"unimpaired surplus fund" are consideredinterchangeable except for purposes of 12 U.S.C.§ 82. The components of surplus (unimpairedsurplus fund) for 12 U.S.C. § 82 purposes are morelimited than the components of surplus (unimpairedsurplus fund) for purposes of other statutes limitingthe activities of national banks.

Federal Xegisler / Vol 46, No. 153 /-Monday, August 10, 1981 / Proposed Rules

items thatare listed-as part-of capitaland surplus 4nfibe proposed InterpretiveRuling 7.1100 set forth in Part B of thisdocument

General BcdAground

Bank capItal fulfills.atleastahefollowingpurposes:

* -Mlaint1aiing public:conffidencein -

individual banks and in the-commercialbanking system;

* Ser%'ingasm cushion;againsl losses,thereby ehablinga bank to funcionduring periods of-loss -or negligibleearnings;

* Assufing"hat thefisksihcommercial-banking are appropriatelydistributed between te.private.andpubliczsectors; -- -Proviiding proteclion'to-uiinsured

depositors, unsecured:creditorsandpublic sectorinterests in cases--Tinsolvency;

* Providing-a-ioundaton'to supportand discipline growth; and -

* Providingfundts-forhe -acquisitionof-property-ne~essary-for'banking

operations. -The OCCbdlieves alit wouldie

inappropriate to require banks lomaintadincapjital in-such amounls.asmay be necessary-either to absorbhestram of-widespread economic-collapseor accommodate uw, vh6lesale'loss ofdeposdits.Sucha requIremenbwouldseverelyimpair the banks' ability tocompete, grow,-and-carry on theu'termediary fumctiorbadic.to oureconomic system. Rather. the OCCbelieves thal-capital adequacy must'be

_asessed -wthin the :context of each'bankas an-ongding entity. Abankr&scapitdl-base:can -be considered adequate -whenit enables:thebankto intermediatefunds responsibly and provide relatedservices while protecting agamstfutureuncertainies.

Primary Com.ponents

ThePrnimary Componenrts-nfa bank'scapital baselfor'capitaadequacyanalysis include'thetfollowing Items:

1. Eguity: Several-balance sheet itemspefform-many or.all of lhecapitalfunctions-previously ariculated.Ob fiouslyfunds -fa permanent-nature,Le., thoseaccounts C mmonlyTeferredto as equity, gualityas capitalsince theymeet all 6f the purposes set-outabove.Equity'accounts,whlich include:commonstock, preferredstock,-capitasurplus,undivided profits and reserves f6rc6ntingencies;and-othercapital reserves(excludingaccrued iidends-onpreferreil stock and limited life preferredstock), sa'tisfy. each -ofiAe statedpurposes for.capital. Pxeferred stock asused in this, document-means-preferred

stock lthat;doesnot -have a redemptionrequdiremeriL

2.lTancitory-converible instrumentsItems otherthan those -which comp'iseequityaneet-severaL if not alLof thepurposesof capital. Capital instrumentswith covenants mandatingconverstnointo common orpreferred stock warrantclassificationas Primary Components ofa bank's capital bash. Theseinstruments although not now usedextensively in'thebanking industry,typically allow he'holder to convert theinstruments into common orpreferredstockduring thelife of the instruments.However, at a predetermined date any,poiion stilloutstanding wilrbe replacedautomatically through theissuance ofcommon or preferred stock

'Equity accounts and mandatoryconvertible capitalinstruments share'acommon tradt-permanence. Althoughthe document evidencing ownershipmaychange, theselialancesheetcategories Wil,alivayslbe present.unless aepleteaIbylosses or bankinsolvency orliquidation. Consequently.the OCC considers these elements :to bePrimary Components of a'bank's-capitalbase.

S. Allowance for possibleJoan losses:-Currently-50 percent-of the allowancefor possible loanlosses is included aspart ofa bank's-eapital baselor-stafutory purposes. TheOCC'sJuly-0notice proposed to exclude thiscomponent-from-the definition of surplusfor purposesof-those statutes limitingbank-activities. That-notice stated that:generally accepted accountingstandards, adopted by the OCC in1975,mandated that the allowance's balancebe determined by-and-based onmanagement's estimation of anticipatedloss in the-curreAt loan portfolio.Theallowanceasreflected on a bank.sfinanciaLstatements as a deduction fromloans receivable,'thereby indicating to-the-public-andother interested partiesmanagement'siudgment as to.thecollectibility of loans receivable. Forthese reasons the OCC's earierproposal wouldhave eliminated theallowance from the capital base forstatutory purposes.

The-vastnalority of:commenters onthe July1980proposal.tated or impliedthat themllowance :does havesignificantcapital traits. They-also oplined that inmany instancesitis not solely .or evenprimarily, determined byi.he.amount ofestimated loan .loss. Severalexternalfactors, individually or.m concert.uilsoaffect the balance of the illowance.Most respondents underscored the factthat theallowanceis merely thefrontline defense available :to'absorb loanlosses, a:function of capital. As such, the

allowance is only an-allocation of whatotherwise would'be capital.

-Some-commenters offered the'viewthat the lpnloss allowanceischaracterized'by a high degree ofpermanency.Typically, these commentscame'from banks subject tointensemai'kel scrutiny and analysis. Inessence, constraints Imposed by Ihefinancial markets deter affectedinstitutions from permitting Theallowance to fall significantly below aone percent ratio:of allowance tototalloans. zeven where the quality of-theloanportfolio would appear to justify a lowerfigure. Additional provisions to theallowance-are made to perpetuate themarket-mposed one-percentrelationship.-As:a result. these-banksineffect, ,expense .net:charge-offs as iheyare sustained. Given this discipe, any-declinein-the-allowance will be of avery'temporary nature in soundlyoperatedinstutions.

While-smaller institutions are not-assubject to l1us degree of market suasion.they also are encouraged to maintain theallowance beyondpurely risk-associated.parameters.i-nderSecion166 of thenternal Revenue Code,. banksmay deduct from grossincome-amountsplaced in the allowanceiorpossibleloanlosses. subject to the limits set outin Section 585 of the Code. Thisdeduction is allowed even -though-theamount-putinto the allowance forpossible loan losses raises thatallowance to a percentage of theoutstanding eligible loans that is-greaterthan the historical lossrate9 This taxpolicy is a forceful motivation for banksto reserve what otherwise would beequity through tax deductible additionsto the allowance Torpossible loanlossesin amounts greater than.thatodictatedbymanagement's analysis ofloan portfoliorisk.4

3For taxable yes be m nng'porto December3L-l087',Secion583 ofrthe'internal.RevenueCodedeslgnates.-tndirectly. the'amounts banks maydeduct from grs income asadditions totheallowance forpossilileloan losses.Unaer'Section85 banks mayplacein the allowance fo-possible

loan losses-anil deductfrom grossncame. theamount ncsary. to maintain hat-allownce at udesignated percentage oflotal eigible loansoutstanding. Until 1987 this ded=tIlonis allowableeven thoughihe allowance forpossible loan lossesmay be greaterfin amount Than thehistorficalpercentagemof actual loan lossm AfteriSST.-bankswill be allowed deductions from gross Income foradditions to the allowance for loanlosses onlyinamounts authorzedby the-experience method"descri-bedin Section 585 df-the Code.

"AvWlzther:thismotivalton.or other smilarmolivalton, will rexst after 19U. when banks mustadopt the'expexlence method ofalmlatingdeductioile addillons to the allowanceforpossibleloan losses. Is-a question the OCCvill have toconsider at that time.

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It is evident that the allowance forpossible loan losses constitutes morethan merely a protective cushion basedon management's estimate of losseswithin the loan portfolio. Since" theallowance is perceived by the publicand market participants as protectionagainst the risks of an uncertain future,it serves to sustain confidence in thebanking system. In cases of insolvencyand liquidation, it serves to protectunsecured creditors, -uninsureddepositors and public sector interestsfrom exposure to loss. The-allowanceexists as a first reservoir against whichloan losses can be charged.

For the purposes of call report andfinancial reporting presentation, it isappropriate to reflect the allowance forpossible loan losses as a contra assetaccount deducted from total loans.However, this reporting method doesnot prevent the OCC and the public fromrecognizing the economic realities of therole that the allowance for possible loanlosses plays.

Since the allowance for possible loanlosses possesses properties that gobeyond those of a valuation reserve, theOCC believes that it merits fulltreatment as an element of capital.Accordingly, the OCC proposes that 100percent of the allowance for possibleloan losses be included as.aPrimaryComponent of a national bank's capitalbase for capital adequacy analysis.

Even if the proposal to include 100percent of the allowance in the capitalbase is adopted, the OCC will continue-to require that national banks employprudent policies to maintain theallowance at an adequate level.

Secondary ComponentsLimited life preferred stock and

subordinated notes and debentures: TheSecondary Components of a bank'scapital base for capital adequacyanalysis are limited life preferred stockand subordinated notes and debentures.These items have a commoncharacteristic which distinguishes themfrom the other capital components; Thatcharact-ristic is their lack ofpermanence. Unlike equity andmandatory convertible issuances, theseinstruments have a well-defined andlimited life. Yet when of sufficientduration, they satisfy a significantnumber of the purposes of capital.Uninsureid depositors, unsecuredcreditors and public sector interests areaccorded protection by these itemsshould liquidation occur. The existenceof these instruments also fosters publicconfidence by offering investors anopportunity to place their resources atrisk-inthe institution. Participation byinvestors lends additional discipline and

strength to the banking system as wellas to individual banks. The proceeds Uothese issues also provide a base, albeitof limited duration, to support growth.

Additional Conditions Applicable to theInclusion of Limited Life PreferredStock and Subordinated Notes andDebentures in a Bank's Capital Base forCapital Adequacy 4nalysis

1. Minimum maturity: The OCCbelieves that in order to meet ameamngful number of the purposes of acapital base component, limited lifepreferred stock and subordinated notesand debentures must have a significantminimum life. In addition to the capitalcharacteristics which these SecondaryComponents exhibit, they have tiepotential, under certain circumstances,to produce retained earnings in amountswhich are greater than the principal anddividend or interest payments on suchinstruments. The minimum length oftime required for such instruments tomake a material contribution to.internalcapital generation is not identical inevery bank. It is affected by threevariables: the ability to leverage, thereturn on assets, and the amount ofearnigs retained.

A bank's ability to leverage profitablymonies acquired through the issuance oflimited life preferred stock orsubordinated notes or debentures is akey factor. The retur-must be sufficfentto pay the principal and interest ordividends on these instruments plusproduce additional retamed'earmings.The speed with which ihe bank can-generate such return is also important. Ifan extended time is needed to generatethe necessary return, then the period oftime before that return providesadditions to capital is also extended.Thus, the internal capital generated bythe investment of funds received fromthe" issuance of limited life preferredstock and subordinated notes anddebentures is directly tied to the amountof time necessary for profitableleveraging to occur.

As in all banking operations, thedegree of risk a bank may take inleveraging operations should not reach,the level of imprudence. As banks differin management ability, quality of theloan portfolio, disparity in cost of funds,systems proficiency, market constraintsand caliber of competition, the degree towhich they may prudently engage inleveraging operations also differs.Accordingly, the ability to increaseearnings by successfully leveragingfunds obtained from such sources variesfrom bank to bank. Because of these.variables, an industry standard fordetermining the capital generationcapacity of funds obtained from the sale

of limited life preferred stock andsubordinated nofes and debenturescannot be defined.

A second factor complicating thedevelopment of one authoritativestandard for determining the capitalgeneration ability of such instruments Isthe fact that the rate ofreturn on assetscan fluctuate over time due to factorsbeyond the bank's control. Businesscycles and interest rates are notpredictable, a fact highlighted by today'seconomic climate, The result i that therate of return on assets and the periodnecessary to achieve capital generation,which only yesterday appearedreasonably certain, may tomorrow berendered only probable or evenuncertain. Thus, a long term rate ofreturn on assets, the second variable toachieving capital generation throughsuch instruments, cannot be preciselyprojected.

Finally, the extent to which banksdistribute any earnings increase toshareholders will impact the capitalgeneration period.*While the successfuluse of leverage operations can producethe prolected rate of return on assets, anincreased dividend rate will offset,entirely or in part,,the anticipatedcontribution to capital.

Notwithstanding that these criticaldeterminants vary considerablybetween banks and change over time,the OCC regards properly managedfunds from the issuance of limited lifepreferred stock and subordinated notesand debentures as likely to Increase abink's profit stream and generallybenefit its capital base, Typically, thelonger the period until maturity thegreater the capital contribution will be.Yet a precise time frame cannot beidentified, a fact underscored by thedifferent viewpoints stated by manyrespondents to the Comptroller's July1980 proposal. Commenters proposedminimum time frames as short as twoyears and as long as fifteen years. Onthe one hand, the capital-likecharacteristics and benefits of limitedlife preferred stock and subordinatednotes and debentures are identifiable,On the other, information gained fromsupervising approximately 4,400 diversenational banks reveals an almostinfinite number of possiblecombinations of the variables that affectcapital generation. Accordingly, theestablishment of exact minimum timeframes necessary for these capitalinstruments properly to be included In abank's capital base is a matter ofjudgment.

In determining appropriate guidelines,the OCC considered the position takenby the Federal Financial Institutions

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Exanfination Council ("Council") in itsproposed policy statement on thedefinition of capital for bank capital

-adequacy analysis (46 FR 32498, June 23,1981]. The Council proposal states thatin order to be included as SecondaryComponents of the capital base for theanalytical purposes, limited lifepreferred stock and subordinated notesand debentures must have an originalfinal maturity of-at least ten years witha weighted-average oriinal maturity ofat least seven years. To insureuniformity between the Council's

-proposal-and this proposal, the OCCpropopes that in order for limited lifepreferred stock and subordinated notesand debentures to be included, at leastin part, as Secondary Components of a.national bank's capital base for capitaladequacy analysis, any issue of suchinstruments must havean original finalmaturity of at least ten years and aweighted average original maturity of atleast-s~ven years.5

2. -Amrortization: As maturity of theselimitedlife instruments approaches,their capital characteristics obviouslydecline. This pending maturity isckrof~illy W&ighed. by financial marketobservers, participants and regulatorswhen they an'alyze a bank's capitalposition and overall condition. Severalcommenters on the OCC's July 1980proposal stated that for internal bankcapital analysis they establishedamortization, or discount, schedules inrecognition 6f an issue's pendingmaturity and reduced contribution to thecapital-base. The OCC's analysis of thismatter supjiorts this practice. Therefore,the OCC proposes that limited lifepreferred stock and subordinated notesand debentures be subject to anamortization schedule.6

As with the-subject of inimummaturity, -creation of an amortizationschedule -also raises difficulties withestablishing one standard appropriatefor each-national bank. However, sinceit is proposed that the original finalmaturity beat least'ten years, any.amortization must take place within that

5 The OCC's present policy is to require'thatissues of such instruments have a weighted averageoriginal maturity of at least seven years. This ,present policy conforms with the requirement inRegulation D of the Federal Reserve Board. 12 CFR204.2(a.l)l[vii)[C), (45 FR 56009. August 22. 1980),that such instruments must have a weighted averagematurity of at least seven-years in order to beexempted from the reserve requirements of thatregulation. The OCC presently imposes no othermaturity requirements.

6Amortization as used herein refers to anadjustment of a memorandum account whichreflects that portion of such instruments which areto be included in thecapital base for capitaladequacy analytical purposes. It does not refer to areduction in the book amount of the-bank's liabilityon such instruments.

period. After considering severaloptions, the OCC proposes that nationalbanks amortize limited life preferredstock and subordinated notes anddebentures in accordance with thefollowing schedule.7

Petcent ciYears to matu'dy is=

coradctfedCeWAl

Greater than or equal to 5Less than 5 but gremator than or eq,.l to 4.Less than 4 but greater than or equal to 3 -...--Less thn 3 but greter than or eua to 2Less than 2 but greater than or eqto to I -Less than I .

100so6040200

3. Convertible issues: The OCCrecognizes that limited life preferredstock and subordinated notes anddebentures may be issued with optionalconvertible features. However, the dateactual conversion will take place, if itdoes occur, is unpredictable.Accordingly, in order to be included asSecondary Components of capital, suchinstruments also must have an originalfinal maturity of at least ten years and aweighted average original maturity of atleast seven, years and be amortized inaccordance with the previouslyexplained amortization schedule.However, for capital idequacy analysis,the OCC will consider the probability ofconversion.

4. Call provisions;-The OCCrecognizes that limited life preferredstock and subordinated notes and-debentures may be issued with optionalcall dates. However, predicting thefutur& call date for such instruments isuncertain at best. Therefore, for suchinstruments the minimum maturityperiods and the amortization rate willbe based on the maturity date ratherthan any possible call date. However,the OCC will consider the probability ofa call in evaluating the capital adequacyof a bank.

5. Restriction on limited life preferredstock and subordinated notes anddebentures as capital: Although thecapital characteristics of limited lifepreferred stock and subordinated notesand debentures are recognized by the

' OCC, it must be stressed again thatthese components lack permanence anddo not fulfill all of the purposes ofcapital. Unrestrained use of limited lifepreferred stock and subordinated notesand debentures for capital purposes isunsafe and unsound, both for individualbanks and the domestic banking system.The proportion of such instruments thatprudently may be included as

The amortization schedule also applies toindividual maturities that are associated with IssuesInvolving serial note payments, sinking fundprovisions or amortization programs.

Secondary Components of a bank'scapital base is a matter of judgmenL The.OCC believes that prudential concernswould be satisfied by limiting the sum oflimitedlife preferred stock andsubordinated notes and debentures thatwill be included in a bank's capital basefor analytical purposes to 50 percent ofthe total of the Primary Components(i.e., equity accounts plus mandatoryconvertible instruments and allowancefor possible loan losses]. This proposalclosely approximates the current OCCpolicy.8 /

Therefore, the OCC proposes thefollowing statement of policy:

Statement of Policy on Components ofCapital for Office of the Comptroller ofthe Currency's Capital AdequacyAnalysis of National Banks

The Office of the Comptroller of theCurrency ("OCC"), m carrying out itsresponsibility to ascertain whatconstitutes adequate capital forindividual national banks, hasdetermined that a statement of policy isdesirable on what components of abank's balance sheet may be prudentlyincluded as part of a bank's capital basefor capital adequacy analyticalpurposes.

The OCC regards bank capital asfullfilling at least the following purposesfor capital adequacy analysis:

e Mintaming public confidence firindividual banks and the commercialbanking system:

* Serving as a cushion againstlosses,thereby enabling a bank to functionduring periods of loss or negligibleearnings;

- Assuring that the risks incommercial banking are appropriatelydistributed between the private andpublic sectors;

& Providing protection to uninsureddepositors, unsecured creditors andpublic sector interests in cases ofinsolvency;

e Providing a foundation to supportand discipline growth; and

* Providing funds for the acquisitionof property necessary for bankingoperations.

The OCC believes that it isinappropriate to requIre that banksmaintain capital in suchamounts asmay be necesary to either absorb thestrain of widespread economic collapse

'Under present Internal OCC policy, approval forthe Issuance of limited life preferred stock andsubordinated notes and debentures is generalWgiven only where the total-amount ofsuchInstruments outstanding will not exceed fiftypercent (50i) of the total outstanding of what aredescribed In this notice as the Primary Componentsof a bank's capital base.

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or accommodate a wholesale loss of thebank's deposits. Such a requirementwould severely impair a bank's abilityto compete, grow and carry on theintermediary function basic to oureconomic system. Rather, the OCCbelieves that capital adequacy must be,assessed Within the context of eachbank as an ongoing entity. A bank'scapital base can be considered adequate.when it enables the bank tointermediate funds responsibly andprovide related services while protectingagainst future uncertainties.

For analytical purposes the OCCdivides the components of capital intotwo groups: the Primary Componentsand the Secondary Components.The "Primary Components are common stock,preferred stock, capital surplus,undivided profits and reserves forcontingencies and other capital reserves(excluding accrued dividends onpreferred stock and limited life preferredstock) (collectively referred to herein as -.equity"], allowance-for possible loanlosses, and mandatory convertibleinstruments. At all times during theirexistence, all of the PrimaryComponents, except mandatoryconvertible instruments, clearly meet allof the above listed purposes of capitalThey offer permanent protection againstfuture uncertainties. Mandatoryconvertible instruments typically allowthe holder to convert the instrument intocommon or preferred stock duringcertain time periods. At a specified dateall instruments not so converted willautomatically be, replaced by commonor preferred stock. Thus, the OCC willconsider mandatory convertibleinstruments as part of the PrimaryComponents of a bank's cipitaI base.

Controversy has arisen as to whether -

the allowance for possible loan losses,.in whole or in part, should be includedas part of capital for capital adequacyanalysis. Presently fifty percent (50%) ofthe allowance for possible loan losses isconsidered as. part of the capital base ofnational banks for statutory purposes.Often theamount of the allowance is-not solely or even primarily determinedby the estimated amount of loss in theloan portfolio. For those banks subjectto intense market scrutiny a minimumpermanent allowance for possible loanlosses is necessitated by themarketplace. For other banks, thepresent tax policy of allowing, withindesignated limits, transfers to theallowance to be deducted from grossincome motivates them to maintain theallowance at a higherlevel than dictatedby loan loss expectation. The result ofthese.factors is that the allowance has ahigh degree of permanence.

The allowance for possible loanlosses is' a first line reserve available toabsorb loan losses, an importantpurpose of'capital. The allowance forpossible loan losses is perceived by thepublic and the investment community asprotection against the risks of anuncertain future. Therefore, the OCCbelieves economic realities justifyincluding one hundred percent (100%) ofthe allowance for possible loan lossesas a Primary Component of capital forcapital adequacy analysis.

The OCC has studied what role, ifany, limited life preferred stock andsubordinated notes and debenturesshould play in capital adequacy'analysis. Although limited life preferredstock has not been issued by manynational banks to date, subordinatednotes and debentures are common.These two types of instruments are moresimilar than different and for, capitaladequacy analytical.purposes both areconsidered Secondary Components of abank's capital base.

One, prime characteristic of theseinstruments is their lack of permanence.Unlike the Primary Components ofcapital, these instruments have a welldefined and limitedlife. Yet during theirlife they meet a significant number ofthe purposes of capital listed above.Properly managed, the funds receivedfrom the sale of these instruments havethe potential to produce retainedearnings in amounts which are greaterthan the-principal and interest ordividends required'on such instruments.In so doing they provide a profit tocontribute to internal generation ofcapital. Therefore,-the OCC believes"that limited life preferred stock andsubordinated notes and debentures

>_ should be considered in some manner aspart of a bank's capital base for capitaladequacy analysis.

In order ta justify treatment in anymanner as capital, the OCC believesthat limited life preferred stock andsubordinated notes and debentures musthave a minimum maturity. The OCC hasreviewed the existing parameters onsuch instruments, and recognizes theneed-that they be in existence longenough to generate capital internally.The OCC believes that such instrumentsmust have an original final maturity ofat least ten (10] years and's weightedaverage original maturity of at leastseven (7) years'in order to beconsidered, in' any manner, as part ofthe'capital base. For such instrumentswith optional call dates, the minimummattirity period will be based on thematurity date" rather than on anypossible call date.However the OCCwill consider the probability of a call in

evaluating the capital adequacy of abank. Instruments with optionalconvertible features must have anoriginal final maturity of at least ten (10)years and a weighted average originalmaturity of at least seven (7) years.However, for capital adequacy analysis,the OCC will consider the probability ofconversion.

The OCC believes that the portion oflimited life preferred stock and'subordinated notes and debentures thatprudently can be considered as part ofthe capital base, declines as theinstrument's maturity approaches.Therefore, the OCC has adopted thefollowing amortization schedule todescribe how these instruments will beincluded in a bank's capital base forcapital adequacy analysis.

Years to maturityPercent of

Isuoconerdeted.

capital

Greater than or equal to 5o.............. 100Less than 5 but greater than or equal to 4....... 80Less than 4 but greater than or equal to 3 .......... s0Less than 3 but greater than or equal to 2__ 40Less than 2 but greater than or equal to 1 20

-Less than, .......... ..... 0

The OCC believes that theunrestrained use of limited life preferredstock and subordinated notes anddebentures for capital purposes isunsafe and unsound. However,prudential concerns can be satisfied bylimiting the aggregate maximum amountof such instruments that can be includedin the capital base for capital adequacyanalysis to an. amount no greater thanfifty percent (50%) of the total of thePrimary Components of the capital baseas defined herein. This restrictiongenerally comports with present OCCpolicy as expressed in the approvalprocess for such instruments,

The OCC has the legal responsibilityto review applications'by nationtilbanks to issue limited life preferredstock and subordinated notes anddebentures, Applications to issue suchinstruments will be reviewed inaccordance with 12 CFR 5.46 and 5.47.9Certain other requirements must be metby national banks issuing suchinstruments in order for them to beexempt from the reserve requirements ofFederal Reserve Regulation D (12. CFRPart 204) and from the interest raterestriction of Federal ReserveRegulation Q (12CFR 217).

9The OCC may conldition approvals to lssue suchinstruments in any manner It deems prudentpursuant to 12 C.F.R. 5.46 and 5.47,,Allhough 12.C.F.R. 5.47 is entitled "Subordinated debt," thepolicies and procedures expressed therein will beapplied to applications to issue i1mited life preferredstock as well.

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The OCC expressly reserves theauthority, in exigent circumstances, towaive the minimum maturity andamortization requirements and theretriction of Secondary Components toan amount no greater than fifty percent-(50%) of the total of the PrimaryComponents set forth above for theinclusion of limited life preferred stockand subordinated notes and debenturesin the capital base of any national bankfor capital adequacy purposes. The OCCfurther expressly reserves the right, inexigent circumstances, to impose morestringent conditions than those set forthin this document in order for limited lifepreferred stock or subordinated notes ordebentures to be included, in whole orin part, as part of a national bank'scapital bage for capital.adequacypurposes. f

Part B-Notice of Proposed RulemakingDefining Capital, Capital Stock, Surplusand Ummpaired Surplus Fund forCertain Statutory Purposes

IntroductionThe OCC is proposing to amend its

Interpretive Rulings which define theterms used in various statutes that limitthe scope of certain nationalbankactivities based on the amount of abank's capital, capital stock, surplus orunimpaired surplus fund.' 0 "Capital" isdefined in 12 U.S.C. 51c for provisions oflaw relating to the capital of nationalbanks Es consisting of common stockand preferred stock. Currently, two ofthe OCC's Interpretive Rulings governthe computation of the unimpaired

-surplus fund ("surplus"] for statutorypurposes.(Intrepretive Rulings 7.1100and 7.7545,12 CFR 7.1100 and 7.7545)."Unmpaired surplus fuid" is presentlydefined for purposes of calculating abank's lending limits under 12 U.S.C.§ 84 in Interpretive Ruling 7.1100 andfurther applied for other statutorypurposes (12"U.S.C. 24,-36(c), 371, 371c,463 and with restrictions to 12 U.S.C. 82)in Interpretive Ruling 7.7545. Thisproposal defines "surplus" which,except for 12 U.S.C. 82 purposes, isinterchangeable in meaning with"unimpaired-surplus fund" "-Theproposal removes-I.R. 7;7545 andexpands I.R. 7.1100.

Under the proposal, the componentsof surplus, excebt for 12 U.S.C. § 82purposes, will consist of capital surplus.undivided profits, reseive forcontingencies and other capital reserves(excluding accrued dividends onpreferred stock and limited life preferredstock), mandatory convertible

"°See footnotes I and 2. supra."See footnote 2. supra.

instruments, allowance for possible loanlosses, limited life preferred stock, andsubordinated notes and debentures. Thelatter two components are Included inthe definition subject to certainconditions.

The proposed definition of surpluswill be used, except for 12 U.S.C. §82purposes, together with the 12 U.S.C. Sicdefinition of capital, for those statutorylimitations based on the capitdl andsurplus of national bankingassociations. 12 For 12 U.S.C. 82purposes, surpluslor as stated in thatstatute "unimpaired surplus fund", willnot include limited life preferred stockor subordinated notes and debentures.

Components of Capital and SurplusThe term "capital", as used in

common banking parlance, is subject totwo separate definitions. In its strictest,legal sense, "capital" refers solely tocommon stock and preferred stock forprovisions of law relating to nationalbanks. (12 U.S.C. 51c). n its broader,analytical sense, "capital" refers to thecomponents of a bank's capital andsurplus wich make up what the OCCand other analysts frequently refer to asa bank's "capital base" Part B of thisdocument refers to "capital" only in itsstrict legal sense. While the word"surplus", as used throughout thisproposal, may be broader than its usagein common banking parlance, suchusage herein is necessary In order toavoid confusion and in order to conformto the preexisting statutory definition of"capital".

Capital: "Capital" is defined In 12U.S.C. 51c as "the amount of unimpairedcommon stock plus the amount ofpreferred stock outstanding andunimpaired * * *" Section Sic appliesthis definition of capital to all provisionsof.law relating to the capital of nationalbanking associations.

Surplus: Several provisions of theNational Bank Act establish limitationsbased on the amount of a bank's capitaland surplus. "Surplus" ("unimpairedsurplus fund") as used in such statutes ispresently defined for lending limitpurposes (12 U.S.C. 84) in InterpretiveRuling 7.1100. This definition inInterpretive Ruling 7.1100 is applied toother statutes limiting national bankactivity (12 U.S.C. 24, 36(c), 371. 371c,463, and with restrictions to 12 U.S.C. 82)by Interpretive Ruling 7.7545. Thisproposal defines "capital" and redefines"surplus" forpurposes of the relevant

121t is noted that 12 U.S.C. §51cprovides that"capital stock" as used in 12 U.S.C. § § 101.177. and178 includes only the amount of common stockoutstandin. The proposed rulemaking wil have noimpact on the definition of "capital stock" forpurposes of these three statutes.

statutes limiting activities of nationalbanks, other than 12 U.S.C. 82, andremoves ILR. 7.7545. The components of"surplus", except for 12 U.S.C. 82purposes, will consist of capital surplus,undivided profits, reserve forcontingencies and other capital reserves(excluding accrued dividends onpreferred stock and limited life preferred.stock), mandatory convertibleinstruments, allowance for possibleloans losses, and. subject to certainconditions, limited life preferred stockand subordinated notes and debentures.

The proposed definition of "surplus"differs from the current definitioncontained in I.R. 7.1100 in the followingrespects. First, it increases the inclusionof the allowance for possible loan lossesfrom fifty percent (50%) to one hundredpercent (100%). The reasons forincreasing the amount of this allowanceto be included as a component ofsurplus'are discussed in Part A of thisdocument. Second. the proposeddefinition expressly includes mandatoryconvertible instruments as a componentof surplus. This component refers toinstruments with provisions requiringtheir conversion into common orpreferred stock by a stated date. Third,the proposal includes limited lifepreferred stock as a component ofsurplus. The term limited life preferredstock refers to preferred stock which hasa maturity date. Fourth. the-proposeddefinition sets out an amortizationschedule for the inclusion of limited lifepreferred stock and subordinated notesand debentures as a component ofsurplus. Again. the reasons for the use ofthis amortization schedule and therationale for the other proposed changesare discussed in Part A of thisdocument.

Outstanding Limited Life PreferredStock and Subordinated Notes andDebentures

Inasmuch as approximately $4 billionof subordinated notes and debenturesissued by national banks and lesseramounts of limited life preferred stock.are outstanding. immediate unpositionof the amortization program describedin Part A of this document couldadversely impact individual nationalbanks. All banking activities restrictedby capital and surplus-based statutorylimitations would be reduced for bankshaving these instruments outstandingwith maturities of less than five years.In particular, bank lending andinvestment funictions might be erodedwith individual borrowers sufferingdisruption in their access to crediL TheOCC desires to minmize the disruptiveeffect caused by the immediate

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Federal Register / Vol. 46, No. 153 41 Monday, August 10, 1981 / Proposed Rules

imposition of the amortization scheduleon outstanding issues of limited' lifepreferred stock and subordinated. notesand debentures. Therefore untilDecember 31, 1982, the OCC proposesthat it will not cite any bank forexceeding the relevant statutorylimitation where the excess occurs.because of a reduction in the amount ofa bank's surplus caused-by the.imposition of the amortization scheduleon such instruments; provided, suchinstruments are issued prior to thepublication of this document.Evaluations of bank capital adequacywill immediately take into account theamortization framework.

12 U.S.C. 82

Although there is a difference in thecomponents of surplus for the statutorylimitation in 12 U.S.C. 82 and thecomponents of surplus for other limitingstatutes, the OCCbelieves that it isappropriate to set forth the componentsof surplus for 12 U.S.C. 82 purposes inthe proposed amended InterpretiveRuling 7.1100.

The OCC proposes that surplus("unimpaired surplus fund") for 12U.S.C. 82 purposes shall include capitalsurplus, undivided profits, reserve forcontingencies and other capital reserves(excluding, accrued dividends onpreferred stock, and. limited life preferredstock), mandatory convertibleinstruments, and allowance for possibleloan losses.

Request For Comments

In addition to comments on any otherportion of this proposal, the OCC isseeking specific comments on thecomponents included in surplus for 12U.S.C. 82 purposes and in particular onthe following questions:

(1) For 12 U.S.C. 82 purposes, shouldsubordinated notes and debentures beconsidered part of surplus ("unimpairedsurplus fund'), subject to theamortization requirements previouslydiscussed; or should they more properly,be considered as bank liabilities subjectto 12 U.S.C. 82?

12) Should limited-ife-preferred stockbe included, subject to, the amortizationrequirements previously discussed, ineither the "capital" or the "surplus" of abank for 12 U.S.C. 82 purposes or-shouldit more properly be considered a-bank.liability subject to 12 U.S.C. 82?

(3) Should the OCC seek legislation to,alter or remove 1Z U.S.C. 82? Ifalteration: is suggested; comment issought on how the statute should bealtered and. the reasons supporting suchalteration. If elimination is suggested,comment is sought on why the

provisions of 1 U.S.C. 82 are no longervalid in today's economy.

Proposed Amendments

PART 7-INTERPRETIVE RULINGSAccordingly, it is proposed that Part 7

of Title 12 of the Code of FederalRegulations be amended as follows:

1. The authority citation, of Part 7 is asfollows:

Authority: 12 U.S.C. i et seq.2. By revising § 7.1100 to read as

follows:

§7.1100 Capital and surplus.(a) Capital. The term "capital" as-used

in provisions of law relating to thecapital of national banking associationsshall include the amount of commonstock outstanding and unimpaired plusthe amount.of preferred stockoutstanding and unimpaired.

(b) CapitalStock The term "capitalstock" as used in provisions of lawrelating to the capital stock of nationalbanking associations, other than 12U.S.C. 101, 177, and 178, shall have thesame meaning as the term "capitar' setforth in. paragraph (a) of this InterpretiveRuling.

(c) Surplus. The term "surplus" asused in provisions of law relating to thesurplus of national bankingassociations, other than 12 U.S.C. 82,shall include:

(1) Capital surplus;(2) Undivided profits;(3) Reserve for contingencies and

other capital reserves (excludingaccrued dividends on preferred stockand limited life preferred stock);

(4) Mandatory convertibleinstruments;

(5) Allowance for possible loan losses;(6),,Limited life preferred stock to the

extent set forth in the amortization.schedule m paragraph (g) of thisInterpretive: Ruling; and

(7) Subordinated notes anddebentures to the extent set forth in theamortization schedule m paragraph [g)of this Interpretive Ruling.

(d) Unumpalred Surplus Fund. Theterm "unimpaired surplus fund" as usedin provisions of law relating to theunimpaired surplus find of nationalbanking associations, other than 12U.S.C. 82, shall have the same meaningas the term "surplus" set forth inparagraph Cc) of this Interpretive Ruling.

(e) For the purposes of 12 U.S.C. 82only, the term "surplus" ("unimpairedsurplus fund") shall include:

(1) Capital- surplus;[2) Undivided profits;(3) Reserve for contingencies and

other capital reserves (excluding

accrued dividends on preferred stockand limited life preferred stock);

(41 Mandatory convertibleinstruments; and

(5) Allowance for possible loan losses.(f) Definitions. (1) Capital surplus, The

term "capital surplus" means the total ofthose accounts reflecting (i) amountspaid in, in excess of the par or statedvalue of capital stock. (ii) amountscontributed to the bank other than forcapital stock; (iii) amounts transferredfrom undivided profits pursuant to 12U.S.C. 60; and. (iv) other amountstransferred from undivided profits.

(2) Mandatory convertibleinstruments. The term "mandatoryconvertible instruments" means thoseinstruments which require the issuer toconvert such offerings into eithercommon or preferred stock, by a stateddate.

(3) Limited life preferred stock. Theterm "limited life preferred stock"means preferred stock which has amaturity date.

(4) Allowance for possible loan losses.The term "allowance for possible loanlosses" means the loan loss balance onDecember 31, 1968, plus additions to theloan loss reserve charged to operationssince that date, less loan losses chargedto the reserve net of recoveries.

(g)(1) Issues of limited life preferredstock and subordinated notes anddebentures must have original finalmaturities of at least. ten (10) years and,weighted average original maturities ofat least seven (7) years to be included Inthe definition of "surplus" to the extentset forth in the following amortizationschedule:

Petcent ofIssuo

Years to maturity consideredVdthsurplus

Greater than or equal to 5 ................ 100Less than 5 but greater than or equal to 4 ............ 80Less than 4 but greater than or equal to 60Less than 3 but greater than or equal to 2.. 40Less than 2 but greater than or equal to I ........... 20Less than I . ...... . ................ .. ........... 0

(2) Amortization as used in thisparagraph refers to an adjustment of amemorandum account which. reflectsthat portion of such instruments whichis to be included in the definition ofsurplus for statutory purposes. It doesnot refer to a reduction in, the bookamount of the bank's liability on suchinstruments.

§7.7545 (Removed]

3. By removing § 7.7545.

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Dated: August 4.1981.Charles E. Lord,Acting Comptroller of lhe Currency.[FR noc81-23Mi Filed 8-7-8i &45am]BILLING CODE 4810-33-M,

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25 and 121

Advisory Material for Flight AttendantSeats

AGENCY. Federal AviationAdministration, (FAA), DOT.ACTION: Request for Comments on aProposed Advisory Circular.

SUMMARY: The proposed AdvisoryCircular (AC) defines acceptable. criteriafor showing compliance with FederalAviation Regulations [FAR) § § 25.785-and 121.311, and explains. the approachto be used by the FAA in establishingdesign criteria for flight attendant seatsand galley equipment.DATE: Comments must identify the filenumber and-be received on or beforeSeptember.9, 1981.ADDRESSES:,omments on the proposedAC are solicited from all interestedpersons and may be mailed to: FederalAviation Administration, Office ofAirworthiness, Airframe Branch (AWS-120), File No. AC 25.785-1, 800Independence Avenue, SW.,Washington, DC. 20591; or delivered to:Room 331A, 800 Independence Avenue,SW., Washington, DC. Comments maybe inspected at Room 331A between 8:30a.m. and 5:00 px.FOR FURTHER INFORMATION CONTACT.Mr. Thomas McSweeny, AirframeBranch (AWS-120), Aircraft EngineeringDivision, Office of Airworthiness,Federal Aviation Administration, 800Independence Avenue,.SW.,Washington, DC-20591; Telephone: (202)426-8382.SUPPLEMENTARY INFORMATION: OnJanuary 29,1980, the FAA issuedAmendments 25-51 and 121-155 (45 FR7750; February'4, 1980). These were partof Airworthiness Review ProgramAmendment 8"dealing with cabin safetyand flight attendant proposals fromNotides 75-"0 (40 FR 10802; March 7.1975) and 75-31 (40 FR 29410; July 111975). Amefidment 25-51 amended thetype certification standards for transportcategory airplnes by revising § 25.785'with respect to forward observer, flightdeckstation, andflight attendant seats.Amendment 121-155 amended -he aircarrier operating rules by revising§ 121.311(e) and-adding new

§ § 121.311(f), (g), (h), (i). and (j).Significantly, new § 121.311(f)retroactively applied therequirementsof § 25.785 after March 6,1980. Inresponse to numerous requestssubmitted pursuant to new § 121.3110),all Part 121 operators were granted a 1-year extension (to March 6,1981) of thecompliance date for § 121.311(f). Later,in response to a petition for rulemakingfiled by the Air Transport Association(ATA), amendment 121-170 (46 FR15480; March 5,1981) extended thecompliance date for §§ 121,311(e), (0,(g), and (h) to March 6, 1982, and deleted§ 121.3110).

Soon after the adoption ofamendments 25-51 and 121-155, itbecame plear to the FAA that agencyfield personnel and affected operatorsalike would benefit from guidancematerial designed to assist incompliance with the new rules.Accordingly the FAA developed interimguidance in the form of General Notices(GENOTS) which contained specificdefinitions of terms used m § 5 25.785and 121.311 and suggested dimensionalcriteria for flight attendant seats andheadrests. When the FAA subsequentlyreviewed these GENOTS in light ofcomments and materials submitted byairplane operators and manufacturers inresponse to publication of the ATApetition for rulemaking, it was apparentthat implementation of the guidancematerial would have a more significanteconomic impact upon affectedoperators than originally anticipated. Inits review the FAA found that it hadunderestimated the economic impact ofits guidance material, as applied toinservice or newly manufacturedairplanes, when compared with theanticipatedsafety benefit. Accordingly,the FAA has determined that the moreproper manner of specifying detaileddesign criteria for flight attendant seatsis through a prbposed revision to ITechnical Standard Order (TSO) C39,aircraft seats and berths. Publiccomments will be solicited on theproposed TSO, and all comments will beconsidered prior to final issuance, as isdone in the rulemaking process. Aneventual change would also be requiredto Part 25 to incorporate the criteriaestablished inTSO-C39. This wouldinsure that flight attendant seatsapproved as part of an airplane typedesign would be properly designed.

The guidance material in this AC willfacilitate implementation of the-flightattendant and cabin safety amendmentswhich will become effective after March6,1982, and will result in improved flightattendant seat designs and provideinproved protection to the flight

attendants from galley or stowagecompartment objects that might becomedislodged during a survivable accident.Many of the flight attendant injuriesreported to the FAA have resulted frommalfunctioning galley or passengerservice equipment and flight attendentseats. On January 9,1981, the FAAissued a proposal (46 FR,5491; January19.1981) to require reporting of theoccurrence or detection of each failure.malfunction, or defect concerning suchequipment. The acceptable means ofcompliance embodied m this proposedAC and future seat criteria contained inrevisions to TSO-C39 are the agency'sapproach to improve flight attendantseat and galley equipment design.

The Proposed Advisory Circular

In accordance with the above, theFAA published proposedAC 25.785-1,Flight Attendant Seat Requirements.

Issued m Washington. D.C.. on August 3.1981.

M. C. Beard,DirectorofAinnwrthkess.

PROPOSED ADVISORY CIRCULAR-FLIGHT ATTENDANT SEATREQUIREMENTS1. Purpose'

This AC provides information andguidance regarding acceptable means ofcompliance with § § 25.785 and 121.311,and explains the approach to be used bythe FAA m establishing design criteriafor flight attendant seats and galleyequipment.

2. Cancellation

All guidance material contained inGeneral Notices (GENOT] N8430.325,N8430.329. N8000.200, N8oo.21, and.N8000.209 is hereby canceled.

3. Related Federal Aviation Regulations

Section 25.785 Seats, berths, safetybelts, and harnesses.

Section 121.311 Seats, safety belts,and shoulder harnesses.4. Background

a. On January 29, 1980. the FAAissued Amendments 25-51 and 121-155(45 FR 7750; February 4,1980). Theseamendments were the portion ofAirworthines, Review ProgramAmendment 8 which dealt with cabinsafety and flight attendant proposalsfrom Notice 75-10 (4CfFR 10802; March 7,1975) and Notice 75-31 (40 FR 29410, July11,1975).

b. Amendment 25-51 revised§ 25.785(g) and added new § 25.785(k)dealing with forward observer and flightdeck station seats, and revised

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Federal Register / Vol. 46, No. 153 [ Monday, August 10, 1981 / Proposed Rules

§ 25.785(h) and added a new § 25.785(j)dealing with flight attendant seats.

p.-Amendmnt 121-155 revised§ 121.311(e) and added new§ § 121.311(f), (g), (h), (i), and (j).Amendment 121-170 (46 FR 15480;March 15, 1981) extended thecompliance date for §§ 121.311(e), (0,(g),'and (hi to March 6, 1982, and deleted§ 121.311(j). Of significance to this issueis the fact that after March 6, 1982,§ 121.311(f) retroactively applies therequirements of § 25.785 to Part 121operators.

5. FAA Policy on Flight Attendant Seats

a. In addition to the guidancecontained in this AC, the FAA plans todevelop dimensional and energyabsorption criteria for flight attendantseats in close coordinatioii with airplanemanufacturers, airplane operators, andflight attendants. A proposed revision ofthe Technical Standard Order (TSO)C39 for aircraft seats or berths toincorporate this criteria will bepublished in the Federal Register forpublic comment. Should the FAA deemit appropriate to require a cutoff date formanufacture of flight attendant seats tothe present TSO, it will propose such adate in the revision to TSO-C39.

b. Until specific flight attendant seafcriteria can be developed, the FAArecommends that flight attendant seatbacks on new airplanes type certificatedafter December 31, 1981, be at least 15.5inches wide for single seats and 31inches wide for double seats, and that36.5 inches of vertical energy absorbingsupport be provided for the arms, head,shoulders, and spine. Unpaddedbulkheads do not provide adequateenergy absorbing head support asrequired under § 25.785(h)(2](i).

c. Upon completion of the revision toTSO-C39 and any associated changes toPart 25, this-AC will be revised to reflecttheir content.

6. Definition of Terms Used m § § 25.785and 121.311

a. Near:As used in § 25.785(h), thismeans sufficiently close to the exit topermit flight attendants to reachrequired floor level exits in a timelymanner to execute their emergencyevacuation duties. A longitudinaldistance from the seat to the exit equalto not more than a distance'equivalentto three rows of seats is acceptable.When approved flight attendant seatsare installed at more than one locationwithin the above three-row distancefrom a required floor level exit, and theoperating rules require the location of aflight attendant(s) in the vicinity of thatexit, the required flight attendant(s)should first be located in the seat(s)

closest to that exit, unless the design ofthe seats is such that the seat(s) furthestfrom the exit has increased occupantprotection features over the seat(s)closest to the exit.

b. Extent Possible: As used in§ 25.785(h)(1), with respect to "directview" of the cabin area for which theflight attendant is responsible, this.means to the exterit practicable withoutcompromising proximity to requiredfloor level emergency exists. In thecurrent fleet, the intent is to requirechanges to existing approved designs toincrease view. During any cabinmodifications to existing airplanes in thefleet, special effort should be made tominimize obstructions to view.

c. Shoulder Harness: This should.be adouble strap design, with one strap overeach shoulder.

d. Direct View: As used in§ 25.785(h)(1), this means direct (line ofsight) visual contact which enables theflight attendant to be made aware ofpassenger needs for his/her services,when the flight attendant is seated withseatbelt and shoulder harness fastened.Mirrors or other devices are notacceptable equivalents to direct view,except in those cases where the flootlevel exit proximity takes precedenceover direct view.

e. Means to Secure: As used in§ 25.785(h), this requires that there bemeans to stow the shoulder harness andsafety belt when they are not in use,Such means include automaticretractors, a pocket behind the seat, or adesign which permit the straps to beheld out of the way by a folding seat. Inany case, the belts or harnesses shouldnot impede rapid egress when releasedquickly during an emergency.

f. Required Floor Level EmergencyExits:As used in § 25.785(h)(1), thisrefers to floor level exits which wereused to establish approved seating fortype certification of the airplane.

7 Adequacy of Existing Flight AttendantSeats

a. Pending modification of TSO-C39and Part 25 to update seat widthdimensional criteria for flight attendantseats, existing flight attendant seats inservice are considered to comply with§ 25.785(h)(2)(iJ with respect to seatwidth and energy absorptioncharacteristics of the padding.

b. Any design changes to interiors ofinservice airplanes or newlymanufactured airplanes of existingmodels, should not result in flightattendant seats narrower than the seatspresently approved as part of theairplane type design.

c. With regard to seat back heights,TSO-C39 specifies, for aft facing seats,

that the seat back be sufficient toprovide 36.5 inches of support for theoccupant, as measured from the point ofmaximum seat cushion depression to thetop of the seat back, Section25.785(h)2](i) requires that forward andaft facing seats be designed to provideoccupant protection, Thus, all flightattendant seats providing at least 30,5inches of vertical energy absorbingsupport for the occupant will meet§ 121.311(f), after March 5, 1902. Either itsingle seat back or segmented seat backplus headrest complies with therequirement, Unpadded bulkheads donot provide adequate energy absorbinghead support as required under§ 25.785(h)(2)(i).

d. After March 6, 1982, in accordancewith § 121.311(f), each seat occupied bya flight attendant required by§ 121.391(a) must have a combinedseatbelt and double strap shoulderharness that meets the requirements of§ 25.785, except that any combinedseatbelt and shoulder harness approvedand installed before March 6, 1900, maycontinue to be used,

e. As specified in § 121.311(f)(2), thecombined seatbelt and shoulder harnessrestraint system may be designed to thecrash- mrtia'load factors established bythe certification basis of the airplane.This means that for airplanes whosetype certification basis includes CivilAviation Regulations (CAR) 4b In effectprior to March 5, 1952, a forward crashload factor as low as 6g's may be used,Seat belt and shoulder harnessinstallations on airplanes whose typecertification basis includes CAR Part 04or Aeronautics Bulletin No. 7A shouldbe designed to a forward crash load

•factor of no less than 6g's. Load factorsin all other directions should be asspecified in FAR § 25,561, whichcontains load factors identical to thoseof CAR 4b.260.

f. After March 6, 1982, passenger seatsoccupied by flight attendants requiredby § 121.391(a) must fully comply with§ 25.785(h), as outlined in this AC.Passenger seats occupied by flightattendants in excess of the numberrequired by § 121,391(a) need notcomply with § 25.785(h).

8. Galley Restraint Requiremepits

a. Section 25.785(j) requires that eachflight attendant seat must be lodated tominimize the probability of its occupantsuffering injury by being struck by Itemsdislodged from a galley or from astowage compartment or serving cart.Service experience with galleys,stowage compartments, and servingcarts has shown that some of thepresently designed latches or locks, of

40528


themselves, do not adequately minimizethe probabilty-of items being dislodgedunder operational and emergency loadconditions.

b. Flight attendant seats that'arelocated within a radial distanceequivalent to three rows of seats from a-galley or stowage compartment, with theexception of underseat and overheadstowage bins, are not in compliancewith § 25.783(j) unless additionalrestraint devices (dual locking devices)are incorporated on the galley orstowage compartment to retain all itemsof mass.

c. Doors on galleys, stowagecompartments, or serving carts locatedin proximity'to flight attendant seats asdefined in paragraph 8.b., shouldincorporate additional restraint devicesof a design that are demonstrated to bereliable and secure in a positive manner.These additional restraint devices iustbe designed to retain all items of massunder the crash inertia load factorsspecified as part of the airplane typecertification basis.

d. Nets, bulkheads, thumb latches onindividual doors, and doors completelyclosing off galleys are examples-ofacceptable additional restraint devices.As used herein, a thumb latch is a bar.not completely transversing the door,mounted externally to structure betweengalley doors or compartments, whichcan be rotated over the door orcompartment and locked in'place,.usually by spring loading the latch, toretain the door or items of mass.

e. In order to minimize the probabilityof items of nmbss being dislodged-fromgalleys and service units in closeproximity to a seated flight attendant.each car er'smaintenance programshould provide for the reporting ofmalfunctioning or failed galley units onthose galleys or service units in closeproximity to the flight attendants. Properprocedures should be defined for thetimely repair of failed or improperlyoperating latches.

f. Where serving carts-are securedoutside of the galley or withincompartments in the galley, withoutadditional doors closing off the cart, thecriteria in paragraphs 8.c. through 8.eare. applicable to the serving cart itself ifthe location is near a flight attendantseat as defined in paragraph 8.b.

g-It is recommended that theadditional restraint devices or doorlatches be designed so that a flightattendant may easily and quicklydetermine if the latches or restraintdevices are secured. A thumb latch1'aving a colored strip on the door at thelatch locked position is an example of adesign which will enable the flight

attendant to quickly determine when alldoors are properly secured.[FR Do.. 8t-227 Filed 8-7-1: &4 nmBILNG CODE,4910-13M

14 CFR Parts 61, 63,65,67, 145, and187

[Docket No. 22052; Notice No. 81-121

Need Requirement and Fees forCertification of Foreign Airmen and AirAgencies -

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes toestablish (1) a schedule of fees forissuance of certain airman and repairstation certificates to foreign,nationalsresiding outside the United States; 12) amethod for collecting those fees; (3) aneed requirement for those airmen-a

-need requirement has already beenestablished for issuance of certificatesto foreign repair stations; and (4) a two-year limitation on the validity ofcertificates issued to foreign nationalswhich may be renewed upondemonstration of continung compliancewit both the need requirement andexisting currency orrecencyrequirements. The proposed rule isdesigned primarily to recover the coststhe FAA rncurs in certification of foreignairmen and repair stations overseas, aswell as to improve substantially theFAA's surveillance over foreignnationals holding FAA certificates bygenerally limiting their issuance. Theproposed requirement is that certificatesbe issued overseas to foreign nationalsonly when needed to operate ormaintain aircraft of United Statesregistry, and is thereby intended tofacilitate theFAA's effort to assureready acceptance of U.S. aeronauticalexports overseas. Finally, this proposalis in keeping with the intent of Congress.DATES: Comments must be received onor before October 12, 1981.ADDRESS: Send comments on theproposal in duplicate to: FederalAviation Administration, Office of theChief Counsel, Attn: Rules Docket(AGS-204, Docket No. 22052, 800Independence Avenue, SW.,Washington, D.C. 20591.FOR FURTHER INFORMATION CONTACT.Kathleen W. Gorman, InternationalAnalysis and Coordination Division,AIA-300, Federal AviationAdministration, 800 IndependenceAvenue, SW., Washington, D.C. 20591;Telephone: (202) 426-3230.

SUPPLEMENTARY INFORMAT'ION:

I. Comments InvitedInterested persons are invited to

participate in preparing the proposedrule by submitting such written data,views, or arguments as they may desire.Communications should identify theregulatory docket or notice number andbe submitted in duplicate to: FederalAviation Administration. Office of theChief Counsel. Attention: Rules Docket,AGC-204. 800 Independence Avenue,SW Washington, D.C. 20591. Allcommunications received on or beforeOctober 10, 1981, will be considered bythe Administrator before taking actionon the proposed rule. The proposalscontained in this notice may be changedin the light of comments received Allcomments submitted will be available,both before and after the closing datefor comments, in the Rules Docketforexamination by interested persons. Areport summarizing-each substantivepublic contact with FAA personnelconcerned with this rule making will befiled in the docket.

H. Availability of NPRMsAny person may obtain a copy of this

notice ofproposed rule making (NPRM)by submitting a request to the FederalAviation Administration, Office ofPublic Affairs, Attention: PublicInformation Center, APA-430, 800Independence Avenue. SW.,Washington, D.C. 20591. or by calling(202) 426-8058. Communications mustidentify the notice number of thisNPRM. Persons interested in beingplaced on a mailing list for futureNPRMs should also request a copy ofAdvisory Circular No. 11-2 whichdescribes the application procedure.

III. Background

A. StatutoryTitle VI of the Federal Aviation Act of

1958 (the Act) gives the Administratorauthority to issue certificates for airmen,instructors, schools, and repair stations.Title VL Section 602(b]. states that theAdministrator may at his descretion.,prohibit or restrict the issuance of thosecertificates to aliens. Exercise of thisauthority is reflected in several sectionsof the Federal Aviation Regulations.

With respect to airmen certificatesand ratings, Section 61.13(b) (14 CFR61.13(b)) provides that "theAdministrator may refuse to issuecertificates to persons who are notcitizens of the United States and who donot reside in the United States." Thislanguage is based directly on thestatutory authority contained in Section602(b). The Administrator has, overrecent years, issued certificates to such

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Federal Register / Vol. 46, No. 153 /LMonday, August 10, 1981 / Proposed Rules

aliens only when the applicant needs aFAA certificate to be eligible toregularly operate, or performmaintenance on, U.S. registered aircraft.This policy reflects limitations on FAAresources, while simultaneously seekingto facilitate the operation overseas ofU.S. registered aircraft.

In addition alien airmen who holdvalid certificates issued by a foreigngovernment may-be issued "specialpurpose" airman certificates, pursuantto § § 61.77 (14 CFR 61.77) and 63.23 (14CFR 63.23), to permit them to operateU.S. registered aircraft leased to aliens.Similarly, alien airmen who hold validcertifictes issued by a foreigngovernment may be issued certificates,pursuant to § § 61.75 and (14 CFR 61.75)and 63.42 (14 CFR 63.42), to permit themto operate U.S. registered aircraft whennot carrying persons or property forcompensation or hire or engaged inagricultural operations.

With respect to repair stations,§ 145.71 (14 CFR 145.71) states that acertificate with appropriate ratings maybe issued for a foreign repair stationonly if the Administrator finds that thestation is necessary for maintaining oraltering United States-registered aircraftoutside the United States. The FAArecognizes, however, that U.S. registeredaircraft may be operatedin countrieswith no FAA certificated repair stationsbut where the workmansip standardsof resident mechanics and repairmennevertheless compare favorably withFAA standards and will assurecontinued airworthiness of UnitedStates registered aircraft. In situationswhere the FAA determined that aforeign aviation authority provides ahigh level of surveillance, it may in -thefuture initiate a reciprocal arrangementwith that authority to provide for, reciprocal recognition of maintenanceand repair work performed by holders ofmechanic or repairmen licenses issuedby either party or by the authorizedemployees of companies approved byeither party to perform aircraft or repairwork. Such an arrangement alreadyexists between the United States andCanada and is, embodied in § 43.17 (14CFR 43.17). Section 43.17 enablesauthorized employees on behalf ofapproved Canadian companies, and theholders of Canadian mechanic orrepairmen licenses to perform work onUnited States registered aircraft inaccordance with-the generalperformance rules of 14 CFR 43.13'andmake maintenance record entries inaccordance with 14 CFR 43.9.

Furthermore, upon ratification, recentamendment of Article 83 of the ChicagoConvention will permit the FAA to

conclude bilateral agreements withforeign authorities which transfeimaintenance surveillance functions forUnited States registered aircraftoperated by the holder of an operatingcertificate issued by a foreign authorityto that authority. In circumstanceswhere maintenance or repair of UnitedStates registered aircraft is ,covered byeither of these types of agreement, theAdministrator will presume that no"need" will exist in such countries forrepair station or mechanic certificates.FAA is now reviewing criteria andprocedures for concluding sucharrangements, which will be the subjectof future consultative or regulatory,action.

The FAA also has been charged-withestablishing a fair and equitable systemfor recovering full costs expended forany service, such as the issuance of thecertificates discussed in this proposal,which provide a special benefit to anindividual beyond those which accrue tobe general public. Title V of theIndependent Offices Appropriation Actof 1952 (31 U.S.C. 438a) states:

It is the sense of the Congress that anywork service, publication, report, document,benefit, pnvilege, authority, use, franchise,license, permit, certificate, registration, orsimilar thing of value or utility performed,furnished, provided, granted, prepared orissued by any FederalAgency * * * to or forany person (including groups, associations,organizations, partnerships, corporations, orbusinesses), except those engaged in thetransaction of official business of theGovernment, shall be self-sustaining to thefullest extent possible * * *

To give full effect to this sense ofCongress, Section 483a further prbvides:

The head of each Federal agency isauthorized by regulation (which, in the caseof agencies in the Executive Branch, shall beas uniform as practicable and subject to suchpolicies as the President may prescribe) toprescribe therefore such fee, charge, or price,if any, as he shall determine, in case noneexists, or redetermine, in case of any existingone, to be fair and equitable taking intoconsideration direct and indirect cost to theGovernment, value to the recipient, publicpolicy or interest served, and other pertinentfacts * . *

The statute provides that the amountscollected shall be paid into the Treasuryas nfiscellaneous receipts.B..OMB Guidance

To aid in establishing fee schedules,the Office of Management and Budgethas prescribed in Circular No. A-25 thegeneral guidelines to be used indeveloping an equitable and reasonableuniform system of charges for certaingovernment services and property.

The circular provides that "where aservice (or privilege) provides special

benefits to an identifiable recipientabove and beyond those which accrueto the public at large, a charge should beimposed to receive the full cost to theFederal Government of rendering thatservice." As specified in Circular No. A-25,

A special benefit will be considered toaccrue and a charge should be imposedwhen a Government rendered service:

(a) Enables the beneficiary to obtainmore immediate or substantial gains orvalues (which may or may not bemeasurable in monetary terms) thanthose which accrue to the general public(e.g., receiving a patent, crop insurance,or license to carry on a specificbusiness), or

(b) Provides business stability orassure public confidence in the businessactivity of the beneficiary (i.,certificates of necessity andconvenience [sic: convenience andnecessity] for airline routes, or safetyinspections of craft); or

- (c) Is performed at the request of therecipient and is above and beyond theservices regularly received by othermembers of the same industry or group,or of the general (e.g., receiving passportvisa, airman's certificate, or aninspection after regular duty hours).

C. Previous Notice

Consistent with the guidelines setforth in Circular No. A-25, in iecentyears the FAA has issued severalnotices of proposed rule making toestablish a schedule of fees for various'AA activities (Notices 67-17, 67-18,

and 78-6). The schedules werepredicated, however, on the FAA'ssystem-wide total cost of performingspecific certification activities, and noattempt was made to distinguish the fargreater costs incurred performingcertificatioh services overseas fromcosts incurred performing similarservices in the United States. Moreover,the proposed fee schedules were neverimplemented. Beginning in 1973, theCongress annually prohibited theimplementation of such fee schedulesthrough language in the AppropriationsLegislation for the Departipent ofTransportation. In 1979, this prohibitionwas deleted from the AppropriationsLegislation and included in Section 45 ofthe Airline Deregulation Act of 1978:

Notwithstanding any other provision of lawneither the Secretary of Transportation northe Administrator of the Federal AviationAdministration shall collect any fee, charge,or price for any approval, test, authorization,certificate, permit, registration, conveyance,or rating relating to any aspect of aviation (1) ,which is in excess of the fee. charge, or price-for-such approval, test, authorization,

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certificate, permit,,registration, conveyance.or rating which was in effect on January 1,1973, or (2) which did not exist on January 1.1973, until all such fees, charges, and pricesare reviewed and approved by Congress.

Prior to 1970, a liberarpolicy prevailedwithin the FAA regarding acceptance ofapplications for airmen and air agencycertificates by foreign nationals residingoutside .-he United States. During the1970's, however, the continuousexpansion in world-wide demand forFAA certification services along withthe adverse movement of currencyexchange..rates against the United Statesdollar placed an undue burden on FAAbudgetary and manpower resources.

Simultaneously, the appropriatenessof this policy was called into question.The technical sophistication of manyforeign civil aviation certificationauthorities has been strengthened bygeneral economic growth and civilaviation technical assistance providedby the International Civil AviationOrganization (ICAO), -the United Statesand other nations. Moreover, overly freeexportation of U.S. certificates coulddeter the development of competent,indigenous certification programs. TheFAA wishes to avoid that result and toencourage foreign governments in thedevelopment of aeronautical codes andadministrative capabilities which wouldpermit them to conduct their owncertification functions.

For these reasons FAA began apractice of restricting certification offoreign nationals, primarily through therequirement that the applicant show thatsuch certification be required to operateor maintain aircraft registered in theUnited States (hereinafter the "need"requirement. This need requirementwas incorporated in regulationsgovernig certification of foreign repairstations (14 CFR 145.71). Such arestrictionvwas in keeping-with theUnited States responsibility under the1944 Chicago Convention, for,maintaining the airworthiness of aircraftregistered in the United States.

-Then, in 1980 Congress passed theInternational Air TransportationCompetition Actof 1979 giving the FAAauthority to establish fee schedules forairman and repair statidn certificatesissued outside the United States. Section28 of that Act amends section 45 of.the

- Airline Deregulation Act to read asfollows:

Nothing in this section shall rohibit theSecretary of Transportation or theAdministrator. from collecting a fee, charge,or price or any test, authorization,certificate, permit, or rating, administered orissued outside the United States, relating toany airman or repair station.

Although section 28 providesdiscretionary authority to collect feesfrom any applicant residing outside theUnited States, this notice proposes feesto be collected only from foreign .nationals residing outside the UnitedStates.

IV Discussion of the.New NoticeIn keeping with the authority granted

under section 28 of the International AirTransportation Competition Act of 1979,this new notice establishes a schedule offair and equitable fees for thosecertification activities carried out forforeign nationals residing outside theUnited States. These certificationactivities must either meet the proposedor existing regulatory needrequirements, or be exempted fromthem. Hourly rates and fixed fees foreach certificate are contained in TableG, and are further explained below inSection V. These fees implement 0MBCircular A-25 and will recover all costsincurred by the FAA, except thoseincurred through most surveillance andreissuance activities. (Applicants forreissuance of mechanic inspectionauthorization, repair station, and flightinstructor certificates will be charged.)

The proposed amendments alsoformally establish a "need" requirementfor issuance of certificates to foreignapplicants outside the United States; i.e.,the certificates must be required for theoperation or maintenance of UnitedStates registered aircraft.

The regulatory need requirementwould be waived only if a foreigngovernment formally requests anexemption in accordance with Section11.25. The Administrator will carefullyweigh each such request for overseascertification of specified foreign airmanapplicants (Parts 61, 63, and 65) todetermine whether the requestinggovernment is unable to certificate itsown nationals and whether performanceof this service by the FAA is thereforerequired to ensure aviation safety in aircommerce. The Administrator similarlycan waive the need requirement forissuance of repair station certificatesprovided it has been determined, inkeeping with current FAA policy, thatthe requesting government can properlysupplement FAA surveillance with itsown. In either case, if the Administratordoes grant the request and waives theneed requirement in accordance with§ 11.27, FAA's activities will beconducted under the authority of aMemorandum of Agreement whichprovides reimbursement for agencyexpenses.

The FAA does not currently issue toforeign nationals overseas: (1) anycertificates for Pilot Schools (Part 141),

Ground Instructors (Part 143), AviationMaintenance Technical Schools (Part147), and Parachute Lofts (Part 149), and(2) certificates issued under subparts ofPart 65 for Aircraft Dispatchers (SubpartC), Repairmen (Subpart E]. andParachute Riggers (Subpart F).Consequently, those parts and subpartshave not been amended to include theneed requirement and otherrequirements included elsewhere in thisproposed rule change. Subpart B of Part65 similarly has not been amended,although it is understood the currentpractice of issuing under this subpart alimited number of air traffic controltower operator certificates overseas toforeign nationals for the operation ofcivilian/military joint-use facilities inEurope will be continued -tinder anappropriate agreement with theDepartment of Defense.

The proposed amendments alsoprovide that each certificate issued to aforeign national is valid for a period of24 months. This will enable theAdministrator to review the records ofthe applicant and apply other.appropriate tests to determine whetherthe applicant continues to meet the needrequirement, and the currency orrecency of experience requirements ofthe applicable Parts. To assist in tisdetermination, applicants would submitan appropriate form to be determined byFAA specifying the U.S.-registeredaircraft operated or maintained in theprevious period, as well as anassessment of the number of U.S.-registered aircraft to be operated orworked on in the next period.

Along with the FAA's effoits toencourage and assist in the continuedimprovement of foreign civil aviationregulatory bodies either directly orthrough ICAO, this renewal procedurewill improve the FAA's role inmaintaining a high level of aviationsafety.

V. Fee Computation

Fixed fees for airman and medicalcertificates, and hourly rates forassessing fees for repair station -certificates, are contained in Table A,and would be included in the regulationsas a new Appendix to Part 187 entitled"Fees." These proposed fees derive fromtotal certification costs, and includedirect and indirect labor costs, overheadcosts, interest recovery, depreciation,and space rent costs, where appropriate.

The FAA plans to review annuallyand, as necessary, revise these fees torecover significant additional costs (e.g.,a Federal salary increase). Proper noticeof such increases will be made in theFederal Register.

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Fixed fees and hourly rates have beencarefully derived through he followingsteps.

First, the total FY 1981 FAAOperations and Maihtenance costs ofcertification activities were derived.This cost includes an allocation 6foverhead costs such as training, staffsupport and direction. Second, hourlycosts of both technical and clericalservices for airman certification were-established. The technical hourly costwas broken out into generalaviationand air carrier categories, and includesattendant costs such as correspondenqe,report writing, and travel, as well asdirect technical time spent oncertification. Hourly rates for repairstation certification were also -I

established using sinilar criteria, andare included in Table A.

Finally, fixed fees for issuance ofcertificates-have been set whereverpossible, rounded to the nearest dollar.In the case of airman certificates, thehourly -costs have been combined inTable A with estimated average timesrequired in each certification activity toproduce fixed fees. In the case ufTepairstation celtificates, fixedfeesbhave notbeen derived because the time involvedin certification'varies widely, ,ather, itisproposed that applicants would submit

-'at time of application a-prepaid depositat the hourlyxate specified inTable'G tocover either 25 hours ofcertificationactivity for original certification orapproval of a change of location orhousing of facilities, or10 hours ofcertification activity for an amendmentof the certificatedue to an added ratingor change in ownership.

Subsequently, the applicant wouldeither receive a refund or submitadditional funds, depending upon theamount of time actually:required forcertification. Finally, fixed fees forMedical Certificates have beenseparately derived, since thesecertificates are processed through aseparate certification system.

No fees will be charged for reissuanceof airman or medical certificates, sincesuch reissuance costs are primarilyclerical and 'not significant. A fee willcontinue to be charged for replacingstolen or lost certificates. However, feeswill be assessed forreissuance ofmechanic inspection authorizations,.repair station certificates and for flightinstructor certificates, since this requiresconsiderable expenditure of FAAlechincal resources. jSee Table A.)

Tables setting out-the costs used inderiving these fees are available forreview in the rules docket.

VII. Fee Collection

For airmansnd medical certificates,theFAA proposes to collect the fees atthe time of application for a 'certificate-or rating, after first ascertaining theapplicant's eligibility. The applicantwould obtain an Application FeeReceiptForm [receipt-formi from aFlight Standards Office tFSO). Thereceipt form would xequest specificinformation to determine whether theapplicant meets the need requirementand otherpreliminary eligibilityrequirements, such as age and currency.The applicant world complete the formin triplicate and submit the receipt formwith the proper fee [check, money orderor draft payable in U.S. currency] to theFSO.

If the eligibility requirements are notmet, the FSO will xeturn the xeceiptiformand the fee to the applicant. Jf therequiements are met, the FSO wouldforward the receipt form and the .fee tothe regional accountingoffice servingthe area. The regional accounting officewould ascertain that the proper fee ispaid, stamp the origmal and two copiesof theieceipt form 'Paid," retain theoriginal as supportfor the collection,and return the other two .copies to theapplicant. The applicant would retain

- the third copy of the receipt form as arecord of The fee payment, and suinit thesecond copy with the application to theFSO representative, Aviation MedicalExaminer, or other designee at the timeof examination. Application must .takeplace within two years of fee payment.The second copy of the ieceipt formwould become part of the officialapplfcation file. No application from aforeign applicant would be acted uponuntil evidece. offee payment has beenpresented.

There will be -o refund of any feepayment for any examination which theapplicant failed to pass. However, if anapplicant notifies the FAA at least oneweek before ascheduled examinationthat he -wishes it cancelled, the FAA willrefund the fee payment after deducting a.minimal service charge to cover the costof processing the application.

In the case dftirepair stationcertificates, applicants would submit asprepayment the costs -Tequired for 25 or10 hours of certification activity, as

I appropriate; This prepayment would beaccompanied by a receipt form-whichthe appropriate FAA accounting.officewould process in the same fashion asairman and medical certificates. If thetime'required in actual certification isless. than 25 or 10 hours, the FAA'wouldsubmit tg the applicant a refund Ao coverthe difference between prepayment andactualbcosts. Conversely, if the 'time

required is greater than 25 or 10 hours,the applicant would submit theadditional funds accompanied-byanother form which 'would be processedby the same accounting office whichprocessed the original receipt form. Eachcopyof this second form would bestamped "paid." One copy would be'kept by the accounting 9ffice, anotherby the certificating FSO office, and thethird mailed to the applicant along withthe certificate. As in the case of airmanand medical certificates, applicants forrepair station certificates would have topay for all assessed FAA costs,regardless of whether a certificate isawarded.

IX. The Proposed Rule

Accordingly, it is proposed to amendParts 61, 63, 65, 67, 145, and 187 of theFederal Aviation Regulations as follows:

PART 61-CERTIFICATION: PILOTSAND FLIGHT INSTRUCTORS

.,By adding a-new §.61.2 to readasfollows:

§ 61.2 ' Certification of foreign pilots andflight Instructors.

.(a] A person who is not a UnitedStates citizen is issued a certificateunder this part [other thah under ,§ 61.75'or § 61.77), ,outside the United States,only when the Administrator finds thatthe pilot certificate is needed for theoperation of a civil aircraft of UnitedStates xegistry or finds that the issuanceof a flight instructor certificate to theapplicant is needed for the training ofstudents who are citizens of the UnitedStates.

(b) Except as providedan paragraph(c) of this section, each certificate Issuedunder ths part [other than under ,§ 61.75or § 61.77) to aperson who Is not aUnited States citizenexpires at the an4of the 24th month after the month Inwhich the certificate was last Issued orrenewed, regardless of where It wasissued. Renewal upon expiration willoccur only if the requirements ofparagraph (a) are met.

(c) Each'certificate issued under thispart (other than under § 61.75 or 61.77)before (effective date) to a person whois not a United States citizen expires on,(1 year from effective date).

2. By revising § 61.13(a) to read asfollows.§ 61.13 Application and qualification.

(a) Application for a certificate andrating, or for an additional rating underthis part, must be made on a form andIna manner prescribed by the ,Administrator. Each application by aperson who is not a United States

40532


citizen for issuance outside the UnitedStates of a student pilot certificate, or awritten or practical test for any othercertificate or rating under this part, mustbe accompanied by evidence that thefee prescribed by Appendix A of Part187 of this chapter has been paid.

3. By repising the first sentence of§ 61.19(c) to read as follows:

§ 61.19 Duration of pilot and flightinstructor certificates.,

(c) Otherpilot certificates. Except asprovided in § 61.2 and 61.77, any pilotcertificate (other than a student pilotcertificate) issued under-this part isissued without a specific expiration'date.

PART 63-CERTIFICATION: FLIGHTCREWMEMBERS OTHER THANPILOTS

4. By adding a new § 63.2 to read asfollows:

§ 63.2 Certification of foreigncrewmembers other than pilots.

(a) A person who is not a UnitedStates citizen is issued a certificateunder this part [other than under § 63.23or § 63.42) outside the United States,only when the Administrator finds thatthe issuance of a certificate to theapplicant is needed for the operation ofa civil aircraft registered in the UnitedStates.

.Ab) Except as provided in paragraph(c) of this section, each certificate issuedunder this part (other than under § 63.23or § 63.42) to a person who is not aUnited States citizen expires after 24months after the-moith in which the -certificate was issued. Renewal uponexpiration-will occur only if therequirements of paragraph (a) are met.

.(c) Each certificate without anexpiration date issued under this part(other than under § 63.23 or § 63.42)before (effective date) to a person whois not a United States citizen expires on(1-year from effective date).

5. By revising § 63.11(a) to read asfollows:

§ 63.11 Application and Issue.(a) Application for a certificate and

appropriate class rating, or for anadditional rating, under this parfmustbe made on a form and in a manner,prescribed by the Administrator. Each.application by a person who is not aUnited States citizen for a written orpractical test for issuance outside theUnited States of a certificate or ratingissued under this part must be

accompanied by evidence that the feeprescribed in Appendix A of Part 187 ofthis chapter has been paid.


§ 63.15 Duration of certificates.(a) Except as provided in § 63.2 and

§ 63.23, a certificate or rating issuedunder this part is effective until it issurrendered, suspended, or revoked.* * * * *

7 By revising § 63.15a to read asfollows:

§ 63.15a Expired certificates.

The holder of a certificate with anexpiration date may not after that dateexercise the privileges of the certificate.PART 65-CERTIFICATION: AIRMENOTHER THAN FLIGHTCREWMEMBERS

8. By adding a new § 65.3 to read asfollows:§ 65.3 Certification of foreign airmen otherthan flight crewmembers.

(a) A person who'is not a UnitedStates citizen is issued a certificateunder subpart D of this part, outside the"United States, only when theAdministrator finds that the issuance ofa certificate to the applicant is neededforthe operation or maintenance of acivil aircraft registered in the UnitedStates.

(b) Each certificate issued under thispart to a'person who is not a UnitedStates citizen expires after 24 monthsafter the month in which the certificatewas issued. Renewal upon expirationwill occur if the requirements ofparagraph (a) are met.

(c) Each certificate issued under thispart before (effective date) to a personwho is not a United States citizenexpires on (1 year from effective date).


§ 65.11 Application and Issue.(a) Application for a certification and

appropriate class rating, or for anadditional rating, under this part mustbe made on a form and in a mannerprescribed by-the Administrator. Eachapplication by a person who is not aUnited States citizen for a written orpractical test for issuance outside theUnited States of a certificate or ratingissued under this pait must beaccompanied by evidence that the feeprescribed in Appendix A of Part 187 ofthis chapter has been paid.

10. By revising § 65.15 to read asfollows:

§ 65.15 Duration of certificates.(a) Except for repairman certificates,

and except as provided in § 65.3, acertificate or rating issued under thispart is effective until it is surrendered,suspended, or revoked.

(b) Except as provided in § 65.3,unless it is surrendered, suspended; orrevoked, a repairman certificate iseffective until the hojder is relieved fromthe duties for which he was employedand certificated.

(c) The holder of a certificate issuedunder tins part that is suspended,revoked, or no longer effective shall,return it to the Administrator.

11. By revising § 65.15a to read asfollows:

§ 65.16a Expired certificates.The holder of a certificate or rating

with an expiration date may not afterthat date exercise the privileges of thecertificate or rating.

PART 67-MEDICAL STANDARDS ANDCERTIFICATION

12. By adding a new § 67.2 to read asfollows:

§ 67.2 Certification of foreign airmen.A person who is not a United States

citizen is issued a certificate under thispart, outside the United States, onlywhen-

(a) The Administrator finds that theissuance of a certificate to the applicantis needed for operation of an aircraftregistered in the United States; and-

(b) Evidence is submitted showingthat the fee prescribed in Appendix A ofPart 187 has been paid.

'PART 145-REPAIR STATIONS

13. By amending § 145.13 by adding asentence at the end to reacas follows:

§ 145.13 Certification of foreign repairstations; special requirements.

* * * In addition, the applicant mustfurhish evidence that the fee prescribedby Appendix A of Part 187 of thischapter has been paid.

Part 187-FEES

14. By revising § 187.15 to read asfollows:

§ 187.15 Payment of fees.The fees prescribed in this part are

payable to the Federal AviationAdministration by check, money order,or draft payable in U.S. currency.

15. By adding a new Appendix A toPart 187 toread as follows:

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.Federal Register / Vol. 46, No. '153 / Monday, August 10, '1981 1 Proposed Rules

App endix A-Fee Schedule forCertification Services PerformedOutside the United States on Behalf ofForeign Nationals

() The fees for certification -andadditional ratings issued under Part 61of this chapter are as follows:

(1) Each studentpilot certificateissued by FAA, $14.00.

12) Each student -pilot certificateissued by a Designated FAA Examiner.S11.o0.

(3) Each certificate issued under§ 61.75 or § 61.77, $11.00.

(4) Each written test administered byFAA for any certificate or added rating,other-than a student pilot certificate.$19.00. •

(5) Each practical test (oral vr flight orcombined oral and flight) administeredby the FAA for a private pilotcertifcateor added ratings, $130.00.

(6) Each practical lest [oral or light orcombined oral and light) administeredby the FAA for a-commercial pilotcertificate or added rating, $159.00.

-7) Each practical lest (oral or flight orcombined Qral and flight) administeredby the FAA for an-airline transport pilotcertificate or additional rating, $225.00.

(8) :Each practical lest ;oral or flight orcombined oral and flight) administeredby the FAA for a flight instructorcertificate -or added fating or exchangeof certificate -under §-61.199, $171.00.

(9) 'Each practical test (oral or flight orcombined oral and flight) administeredby the FAA for renewal of a flightinstructor certificate under § 61.197,$70.00.

(10) Processing of each written orpractical test (oral or -flight or combinedoral and flight) administered by adesignated F.AA-exammer for any pilotcertificate or addedrating, $37.00.

Jb) The fees for-certification andadditional ratings issued under-art,03are as follows:

(1) Each written test-adminstered bythe FAA, $29.00.

2)Eachpractical testadministered bythe FAA, $508.00.

(3) Processing of-each practical testadministeredby a DesignatedFAAExaniner, $37.00.

(4) Each;Certificate issued under§ 63.23 or § -63.42, $37.00.

(c) The fees for certificates andadditional ratings -ssued under Part 65are as follows:

(1] Each Inspection Authorizationissued under § 65.91, S291.00.

(2) Each Inspection Authorizationreissued under § 65.93, $140.00.

(3) Each practical tept administered bythe FAA for mechanic airframecertificate, $409.00.

(4) Each practical test administered bythe FAA formechanic powerplantcertificate, $308.00.

(5).Processing .of each practical testadministered by a Designated FAAExaminer for any certificate or addedrating, $27.00.

(d) The fee for medical certificatesissued under Part 67 is $8.00.

(e) Hourly'Tates for certificationactions under § 145.11 are as follows:

(1) $47.00 for each technical l1our, and(2) $14.00 for each clerical hour.

Table A.--Fee derivation

Average employee-hourper Average cost per hour Total Cost

Issued under, Activity task _1 Grand Total

'Technical Clerical Technical Cferical Technicat Clerical

Pad 61Certification:'Pilots and Might Instructors, Student Pilot Certificate:

Issued orreissed by -FAA ............... .......Issued'or reissued by a desgnated FAR examiner ...............Special purpose certificates issued under Part 61.77 ................

Written Test Jit required) Administered by the FAA for:Certificate Issued to zany other applicant. ...........................Any added rating .......

Practical Tests (oral or light or both) Adnunistered by Ihe FAA forPrivate pilot certificateor.added ratng. .. .....................Commercial pilot certificate or added atin.Airline transport pilot certificate or added ratin9..................Fight instructor certificate -or added rating or exchange or certificate

Renewal or unexpired Jlight instructor certificate under-61.197....Prcical Tests (oral or flight or both) Administered by a Designated

FAA Examiner for Any Pilot Certificate or Added Rating ............ t ......

-Part 63Certification: Flight Crew Members Oiler Than Pilots:

Written tests administered by the FAA ........................-Practical tests administeredby FA ..............................Practical tests administered by a designated fees examiner-........Speci.alpurpose certificates issued under Part,6323 ...............

Part 65

Certification:Airperson Other Than Crew Members, Inspection Authona-tion:

Issued -under 65.91 ............ ................ ...............................Renewal -under 65.93._.......................

Written Test (f required) Administered by-FAA lo"Certificate Issued to any other appiicant ..............................Any added rating .......................

Practical Tests (if required) AdministeredbyFAA locAircraft dispatcher certifcate............................................

Mecharsc certificate.Airframe .. .......... ............... ......... ... .- --Poerpant .......................................

Practical Tests (it required) Administered by a Designated FAA Examinerfor Any Certificate or Any. Added Rating_..............

Part 67Medical Standards and Certification ........

tPart 145

Repair Station Certificate:Approval of a change of. locatiorn or ,Iousing and facilities under

Part 145.15(A)(1) ..................Amended certificate by adding a ratingunder Part 145.15(A)(2).....

0.2 0.3 ,47-2302 0.1 4723D2 V.1, 47.23

03 0.3 ,50.380.3 0.3 50.38

"!3.3 0.3 50.381.3 0.3 50.38

0.6 0.5 -50.38

5.5 1.0 50.3825 1.O 50.38

0.7 0.4 47.23V3 J).4 47.23

5.3 D.3 50.38

- 8.0 0.4 50.38.6.0 0.4 50.38

0.4 '0.5 -.50.38

"25.0 -7.5 47.2310.0 3.0 4723

$13.92 "$9A513.92 9.4513.92 9.45

14.31 15.1114.31 15.11

14.31 125.9534.93 154.7014.93 221.00

14.31 166.2514.1 65.49

14.31 .3023

14.31 2S1914.31 503.8014.31 30.2314.31 30.23

14.31 277.0914.31 125.95

13.92 33.0513.9Z 14.17

,4.31 267.01

14.31 403.0414.31 302.28

$4.18 $13,031.39, 10041.39 10.04

4.29 19.404.29 19.40

'429 130.244.48 159,104.48 225.40

4.29 170.544.29 69178

7.15 37.38

4.29 2M.404.29 600.097.15 37.307.15 07.30

14.31 291.4014.3f 140.20

5.57 38.635.57 19.74

4.29 271.30

5.72 408.705.72 308.00

7.15 27.30

13.92 .1.180.75 . 104.40 1,205.1513.92 472.30 41.70 514.00

. ......... ... ....

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Federal Register / Vol. 46, No. 153 / Monday,'August 10, 1981 / Proposed Rules

Table A.-Fee denvabon--Continued

AveIige Cmgoy = per Av,O Cost per ht ToW costIssued unde r.Actity ~ GranTeta

Tecnicat ic TCd"ftsw cf Tei J C10

Amended ceilifcate alter change- of ownergip, under Part10.0 3.0 47.23 13.92 472.30 41.76 514.46

(Secs. 313,503,505,601, 602, Federal AviationAct of 1958, as amended (49 U.S.C. 1354,1401,1403,1421. and.1422]; Sec. 6(c), Department ofTransportation Act (49 U.S.C.1655(c), Title V;Independent Offices Appropriations Act of1952 (31 U.S.C. 483(a); Sec. 45, AirlineDeregulation Act of 1978 (49 U.S.C. 13411; Sec.28, International Air TransportationCompetition Act of 1979, (49 U.S.C. 1159(b])

Note.-Since compliance with this proposalwould notipose any cost or other economicburden on U.S. airmen or repair stations, ithas been determined that this is not a majorregulation under Executive Order 12291 andthat, under the criteria of the RegulatoryFlexibility Act, it will not have a significantimpact on a substantial number of smallentities.The FAA has determined that thisdocument involves proposed regulations'which are not significant under theDepartment of Transportation RegulatoryPolicies and Procedures (44 FR 11034;February 26,1979). In addition, the FAA hasdetermined that the expected umpactof theproposed regulations is so minimal that theydo not require an evaluation.

Issued in Washington, D.C. onJuly 17,1981Norman H. Plummer,Acting Director of Internatonal Aviatton.[FR Doc. 81-23g0 Filed 8-7--a 8:45 am]BILLING CODE 4910-13-14

14 CFR Part 71

[Airspace-Docket No. 81-AGL-16]

Proposed Alteration of Transition Area

AGENCY: Federal AviationAd inmstration (FAA), DOT.ACTION: Notice of proposed rulemaking.

SUMMARY. The nature of this Federalaction is to revoke the controlledairspace near Janesville, Wisconsin, thatwas designated for a VOR-A instrumentapproach procedure for Wagon WheelAirport. That instrument approachprocedure has been cancelled and theeffect of this action is to return thatassociated portion of the Janesville, -Wisconsmiransition area airspace to anon-controlled status.DATES: Comments must be received onor before August 31,1981.

,ADDRESS: Send comments on the

proposal to FAA Office of RegionalCounsel, AGL-7, Attention: RulesDocket Clerk, Docket No. 81-AGL--16,2300 East Devon Avenue. Des Plaines,Illinois 60018.

A public docket will be available forexamination by interested persons mthe Office of the Regional Counsel,Federal Aviation Administration. 2300East Devon Avenue, Des Planes, Illinois60018.FOR FURTHER INFORMATION CONTACT:.Edward R. Heaps, Airspace andProcedures Branch, Air Traffic Division,AGL-530, FAA, Great Lakes Region,2300 East Devon Avenue, Des Plaines,Illinois 60018, Telephone (312) 694-7360.SUPPLEMENTARY INFORMATION: The floorof the controlled airspace in this areawill be raised from 700 feet above thesurface to 1200 feet above the surface. Inaddition, aeronautical maps and chartswill reflect the change in the designatedairspace.

Comments Invited

Interested persons may participate inthe proposed rulemaking by submittingsuch written data, views or argumentsas they may desire. Communicationsshould be submitted in triplicate toRegional Counsel, AGL-7, Great LakesRegion, Rules Docket No.'81-AGL-16,Federal Aviation Administration, 2300East Devon Avenue, Des Plaines, Illinois60018. All communications received onor before August 31,1981, will beconsidered before action is taken on theproposed amendment. The proposalcontained in this notice may be changedin the light of comments received. Allcomments submitted will be available,both before and after the'closing datefor comments, in the Rules Docket forexamination by interested persons.

Availability of NPRM

Any person may obtain a copy of thisnotice of proposed rulemaking (NPRM)by submitting a request to the FederalAviation Administration, Office ofPublic Affairs, Attention: PublicInformation Center, APA-430, 800Independence Avenue, S.W.,Washington, D.C. 20591, or by calling(202) 426-8058. Communications must

identify the notice number of thisNPRM. Persons interested in beingplaced on a mailing list for futureNPRMs should also request a copy ofAdvisory Circular No. 11-2 whichdescribes the application procedures.

The ProposalThe FAA is considering an

amendment to Subpart G of Part 71 ofthe Federal Aviation Regulations (14CFR Part 71) to alter the transition areaairspace near Janesville. Wisconsin.Subpart G of Part 71 was published inthe Federal Register on January 2.1981.(46 FR 540).

The Proposed AmendmentAccordingly, the FAA proposes to

amend § 71.181 of Part 71 of the FederalAviation Regulations-as follows:.

In § 71.181 (46 FR 540) the followingtransition area is amended to read:Janesville, Wisconsin

Revoked.'This amendment is proposed under

the authority of Section 307(a), FederalAviation Act of 1958 (49 U.S.CA348(a));Sec. 6(c), Department of TransportationAct (49 US.C. 1655c)); Sec. 11.61 of theFederal Aviation Regulations (14 CFR11.61).

Noto.-The FAA has determined that thisproposed regulation only involves anestablished body of technical regulations forwhich frequent and routine amendments arenecessary to keep them operationally current.It. therefore-(1) is not a "majorule underExecutive Order 12291; (2) is nota"significant nile" under DOT RegulatoryPolicies and Procedures (44 FR 11034;February 26.1979); (3) does not warrantpreparation of a regulatory evaluation as theanticipated impact is so minimal; (4] isappropriate to have a comment period of lessthan 45 diys; and (5) at promulgation, willnot have a significant economic impact on asubstantial number of small entities underthe criteria of the Regulatory FlexihilityAct.

Issued In Des Plaines, Illinois, on July 28.1981.Wayne J. Barlow,Director, Great LakesReson.[1.a0c. -=F1 rld 8-7-m&45 a=iBILUNG CODE 4310-13,1M

" 40535

40536 " Federal Register / Vol. 46, No. 153 -/ Monday, August 10, 1981 / Proposed Rules

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 52

[A-7-FRL 1904-8]

Approval and Promulgation ofImplementation Plans; State ofMissouri

AGENCY: Environmental ProtectionAgency (EPA),

-ACTION: Notice of Availability.

SUMMARY: The purpose of this notice isto advise the public that the State ofMissouri has submitted-amendments toits State Implementation Plan (SIP). Theamendments involve regulatory changesaffecting the prevention of significantdeterioration (PSD) of air quality andnew source review in nonattainmentareas. EPA is reviewing the State'ssubmission and intends to issue a noticeof proposed rulemaking after the reviewis complete.ADDRESSES: Copies of the Statesubmission are available for inspectionduring normal business hours at thefollowing locations:Environmental Protection Agency, Air,

Noise and Radiation Branch, 324 Eastlth Street, Kansas City, Missouri64106.

Environmental Protection Agency,Public Information Reference Unit, 401M Street SW., Room 2900,Washington, D.C. 20460.

Missouri Department of NaturalResources, 2010 Missouri Boulevard,Jefferson City, Missouri 65101.

" FOR FURTHER'INFORMATION CONTACT.Wayne G. Leidwanger at (816) 374-3791,(FTS) 758-3791.SUPPLEMENTARY INFORMATION: OnAugust 7, 1980, EPA promulgatedamended regulations for the preventionof significant deterioration (PSD) of airquality, including regulatory changesaffecting new source review innonattamment areas (45 FR 52676). SIPrevisions to address these cha'nges.weredue nine months after this promulgation.

On June 15, 1981, the State of Missourisubmitted revisions to Rules 10 CSR 10-6.020, Definitions, and40 CSR 10-6.060,Permits Required, to address therequirements of EPA's regulatorychanges published on August 7 EPA isadvising the public that the State hassubmitted these revisions to its rules.EPA is reviewing the material todetermine if it complies with therequirements of the Clean Air Act. Anotice of proposed rulemaking will beissued after EPA completes a review ofthe submission..

Dated: July 29,1981.William W.-Rice,Acting RegionalAdmimistrator.IFR Do. 81-23247 Filed 8-7-61: &-45 aml

BILULNG CODE 6560-38-M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[Docket No. 80-739]

Frequency Allocations and RadioTreaty Matters General-Rules andRegulationAGENCY: Federal CommunicationsCommission.ACTION: Announcement of third noticeof inquiry.

SUMMARY: The Commission is solicitingpublic comments, through a series ofdocuments in this proceeding (Docket80-739), on national implementation ofthe Final Acts of the 1979 WqrldAdministrative Radio Conference. ThisThird-Notice of Inquiry considersfrequency allocations for the portion ofradio spectrum from 1215 MHz-through40.5 GHz.DATES: Comments must be received onor before September 8, 1981, and replieson or before September 23, 1981.ADDRESS: Federal CommunicationsCommisdion, 1919f"M" Street NW.,Washington, D.C. 20554.FOR FURTHER INFORMATION CONTACT.Mr. Fred Thomas, Office of Science andTechnology, 1919 "M" Street NW.,Washington, D.C: 20554, (202) 653-8171.SUPPLEMENTARY INFORMATION:July 23, 1981.Report No. 16492

Action m Docket Case-Further InquiryBegun for Implementation of 1979WARC Agreements

-The Commission has instituted thethird in a series of inquiries (46 FR 3060,January 3, 1981; 46 FR 31693, June 17,1981) to solicit comments in preparationfor implementation of the Final Acts ofthe 1979 World Administrative RadioConference (WARC).

This inquiry involves proposedrevisions to the definitions and the tableof frequency allocations from 1215 MHzthrough 40.5 GHz contained'in Part 2 ofthe rules.

The preceding notices of inquiryproposed changes in the allocation tablebelow 1215 MHz and future notices willdeal with the rest of the spectrum andtechnical standards.

Adoption of these changes will enablethe Commission to incorporate the Final

Acts into its rules quickly if the Treaty Isratified by the Senate,

The Final Acts of the 1979 WARCbecome effective internationally onJanuary 1, 1982, for thoseadministrations that have ratified theTreaty. Therefore, the Commissionnoted, the FCC's rules must be amendedto reflect the changes adopted in theTreaty.

For more information contact WilliamTorak (202) 632-7025 or Fred Thomas(202) 653-8171.

Action by the Commission July 10,1981, by Third VJotice of Inquiry (FCC81-323). Commissioners Fowler(Chairman), Quello, Washburn, Fogartyand Jones with Commissioner Dawsonabstaining from voting.William J. Tncanco,Secretary, Federal CommunicationsCommission.. Note. Due to the effort to reduce publishingcosts, the Notice of inquiry will not beprinted herein. However, copies may beobtained from the FCC Press Office, Rm, 202,1919 M StL NW., Washington, D.C. 20554,IFR Doe. 81-23152 Filed 8-7-81: 8:45 arml

BILLING CODE 6712-01-M

47 CFR Parts 2, 22, 73 and 74

[Docket No. 81-460; RM-2364; FCC 81-318]

Reallocation,of UHF-TV BroadcastChannel 17 for Common Carrier FixedRelay and Control Operations In theState of HawaiiAGENCY: Federal CommunicationsCommission.ACTION: Proposed rule,

SUMMARY: RadioCall, Inc., a commoncarrier operating in Hawaii, has askedthe FCC to make UHF-TV Channel 17frequencies (488-494 MHz) available forcontrol and repeater operations In thatState. Petitioner points out that Channel17 is not "assigned" in Hawaii and istherefore unlikely to be used by thebroadcast services in that State. TheCommission previously deniedRadioCall's request, but RadioCall hasfiled new information with theCommission and asked that its petitionbe reconsidered. The FCC hereinproposes to reallocate Channel 17 InHawaii'so that radio common carriers Inthat State will be able to offer the publicinter-island paging and portabletelephone service.DATES: Comments must be received onor before August 31, 1981, and replies onor before September 15, 1981,ADDRESS: Federal CommunicationsCommission, 1919 M Street NW.,Washington, D.C. 20554,


FOR FURTHER-INFORMATION CONTACT.Maureen Cesaitis, Office of Science andTechnology,-Washmgton, D.C. 20554,(202] 653-8164, Room 7310.SUPPLEMENTARY INFORMATION:-

Adoted: July 16,1981.Released: July-31, 1981.

By the CommissimCommissioner Dawsonabstaining from voting.

In the Matter of Amendment of Parts 2of the Commission's Rules governingFrequency Allocations, 22 of theCommission's Rules governing thePublic Mobile Radio Services, 73 of theCommission's Rules goverming the RadioBroadcast Services, and 74 governingExperimental, Auxiliary, and SpecialBfoadcast, and Other ProgramDistribution Services to reallocate UHF-TV Broadcast Channel 17 for commoncarrer fixed relay and controloperations in the State of Hawaii, GENDocket No. 81-460 RM-2364.Summary

1. RadioCall, Inc. (RadioCall) haspetitioned the Commission to reconsiderthe action taken in its MemorandumOpinion and Order, FCC 80-146,released'April 18, 1980, in the above-captioned proceeding. Although itcontinues to believe that it made, theright decisionrin denying RadioCal'spetition, RM-2364, basdd on the recordin that proceeding, the Commission nowfeels that the re-allocation requested byRadioCall may indeed be in the publicinterest. As will be explained later inthis Notice, the Commission hasreceived new information fromRadioCallboth in, its Petition forReconsideration and in. other -

supplemental material filed with theCommission, which shows a need forspectrum relief among Hawaiiancommon carriers who wish to offermter-island paging and portabletelephone service.

Background

2. On December 22,1971, RadioCallfiled a petition for rule making (RM-1894, Docket 19943] requesting that theDomestic Public Land Mobile RadioService (DPLMRSJ and the MaritimeServices be allowed access to all unused.frequencies in the-76-108 MHz spectrumfor fixedrelay,' and control operationsm the State of Hawaii. Most of thisspectrum which includes VHF-TVChannels-5 and 6 and the FM band hasbeen allocated for infer-islandcommuications 2and was being.used

A "Fixed Relay" station is a fixed station usedfor the reception and retransmission of the signalsof another station or stations.

'-See Part 2, Section 2.10M. footnote NG21 of theCommssion's Rules and Regulations.

by the Hawaiian Telephone Company.3The Commission released a Notice ofProposed Rule Making (NPRM) onFebruary 24,1914, proposing to makeavailable five 20 kHz channels in the'107-108 MHz segment. Neither thepetitioner nor any of the other partiesfiling comments favored the proposal.Therefore, m response to RadioCalrswithdrawal of the petition, the FCCterminated the proceeding by Order onSeptember 28,1976. Meanwhile,RadioCall had filed late commentsrequesting that the five channelsspecified in the NPRM be madeavailable for its one-.way pagingoperations on the islafid of Oahu. Thislatter request was rejected in theCommission's Order because thepetitioner had filed a withdrawal of hispetition and was seeking spectrum reliefelsewhere.

3. On April 8,1974, RadioCall filed anew petition, RM-2364, (hereinafter the"petition") requesting that UHF-TVChannel 17 be reallocated to the DPLMRand the Maritime Services for fixedrelay and control operations in the Stateof.Hawaii. Subsequently, on April 22,1975, petitioner amended his petition bydeleting the Maritime Services portionof the request. Based on the informationit had before it, the Commission deniedRadioCall's petition, as amended, by aMemorandum, Opmion and Order(Order) released April 18,1980 (FCC 80-146). On'May 19,1980, RadioCall filed aPetition for Reconsideration(Reconsideration), stating that its needis for inter-island i.e. over watercommumcations, and for that reason thebands already allocated to control andrepeater operations are eithereconomically or technically unsuitable.RadioCall further states that althoughthere is no type-accepted equipmentpresently available'lnr the 490 MHzregion of the spectrum, there is in factreadily available equipment designedfor operation in the 470-512 MHz bandwhich can be easily and inexpensivelymodified for wideband operation.Petititioner is confident that thesemodifications can be performed by itstechnical staff.' TV Channels nowassigned to Hawaiian communitiesrestrict the use of Channel 17 to areaswhere the likelihood of demand for itsuse is remote.5 In any event there are

3Hawiian Tel no longer uses these channels, andon November 24.100 the Commission released aNotice of Proposed Rule Making [1M-3467. Docket80-710) which proposes reallocaftng the bands 70-88 and 98-108 MHz tn the Broadcast Services InHawaiL

4 RadioCall's Petilion for Reconsideration. pp. 4-5.8.

3 For specific assignments, see § 7L50 of theRules.

other Channels available for assignmentin these areas that could meet demandsthat may arise. However, if theCommission adopts the new rulesproposed in BC Docket 78-253, Channel17 could conceivably be made availablefor low power use.

4. On October 20.1980, RadioCall filedsupplemental information concerning itsintended use of Channel 17 i HawaiiThis information was submitted at theCommission's request pursuant todiscussions between petitioner andCommission staff. In reconsidering itsaction in RM-234, the Commission hastaken into account all of the above-captioned history of RadioCall'srequests and in particular the last twofilings which elucidate the very realproblem encountered by Hawi/an RadioCommon Carriers (RCC's) attempting toprovide inter-island paging and mobiletelephone service linked by means ofthe frequencies normally available forDPLMRS control and repeat operations.

Discussion

5. No comments or replies were filed.in response to RadioCall's Petition, RM-2364, or its Petition for Reconsideration.If any party wishes to expressopposition to or support for thereallocation of UHF-TV Channel 17 inthe State of Hawaii. there will again bean opportunity to do so during thecomment and reply.comment periodsfollowing the issuance of this Notice.

6. In its Memorandum, Opinion andOrder Denying RadioCall's petition, the-Commission stated that there was amplespectrum available to conduct commoncarrier control and repeater operationsin the three frequency bands presentlyallocated for that purpose. TheCommission did recognize. however.that some of these frequencies would beunavailable to Hawaiian RCC's such asRadioCall. For example, the 74 MHzbank (72-76] is unavailable for RCC orPrivate Land Mobile use in the vicinityof VHF-TV transmitters operating onChannels 4 or 5. Sifice Channel 4 isoccupied in Honolulu. the 74 MHz bandis clearly precluded. Likewise. the 460MHz band (450-460] is allocated forbase and mobile stations and isavailable for control and repeateroperations only on a secondary basisand not in the vicinity of denselypopulated areas (300.000 or more], suchas Honolulu. The 2100 MHz bands(2110-2130 and 2160-2180] are availablewithout any of these restrictions, andthe Commission therefore urged theHawaiian RCC's to make use of the 2100MHz allocation. The FCC emphasizedthe light loading of these microwavebands. The Order also mentioned the

40537

Federal Register [ Vol. 46, No. 153 / Monday, August 10, 1981 / Proposed Rules

lack of 470-512 MHz type acceptedequipment which RCC's could use ifChannel 17 were in fact reallocated.Lastly, the Commission stated its newand stricter policy of examining each2100 MHz RCC application for proof thatthe amount of bandwidth requested wasindeed the minimum necessary for theparticular operation. (RadioCall, in itsPetition, contended that the widebandwidth associated with 2100 MHzequipment was wasteful of spectrum forcontrol and repeater purposes).

7 In its Reconsideration, RadioCalldoes not dispute any of theCommission's assertions. InsteadRadioCall bases its request on thepremise that commission action was"based on certain critical assumptionswhich are not applicable toRadioCall'sspecific proposal." 6In light of the newinformation before us, we now agree.Formerly, the Commission assumed thatRadioCall was attempting to build aconventional control and repeateroperation linking together the stations ofany given island. Now RadioCallinforms us that it is wishing to linkfacilities on the islands of Kauai, Oahu,Maui, and Hawaii, each 80 to 100 milesfrom the nearest of the other three.,Therefore we agreewith RadioCall'sview that to,use 2100 MHz equipment tocommunicate these distances over waterwould be prohibitively expensive:

8. Insofar as unavailability of 470-512MHz equipment is concerned,RadioCall's s6lution is to perform "in-house" modifications to Motorola's MR-100 transmitter equipment. Petitioner isconfident that with certain minorchanges this'hardware caninexpensively fulfill his needs, aftersecuring new type acceptance onthemodified equipment. RadioCall'scustomized equipment approach alsomoots the spectrum efficiency issuediscussed in the Order since'RadioCallwill have the opportunity to design theappropriate channel width to transmitthe desired information.

9. The Commission has also madeinformal telephone inquiries regardingRadioCall's leasing of wireline from thelocal telephone company, HawaiianTelephone, a wholly owned subsidiaryof the General Telephone Company. Thelatter company has confirmedRadioCall's claim that leasing wirelinein Hawaii to link the RCC's would beprohibitively expensive.

Conclusions10. The Commission has reconsidered

its action in denying RadioCall's petitionand feels that based on the newinformation it would indeed serve the

gRadioCall. supra, p. 4. 17.

public interest in Hawaii if it were-toconsider reallocating the frequencyband 488-494 MHz for common carriercontrol and repeater operations m thatState. However, the radio commoncarriers can expect no protectio otherthan that presently provided for in theRules from any authorized televisionoperations which might later be licensedon adjacent Channels 16 and 18.

11. Pursuant to Section 605 of theRegulatory Flexibility Act (Public Law96-354, September 19,1980, 94 STAT1164; 5 U.S.C. 601 et seq.), theCommission certifies that the actionproposed herein will not have asignificant economic impact on asubstantial number of small entities.While RCC's will clearly benefit we notethat there are only a few RCC's servingthe Hawaiian Islands. Use of Channel 17for standard broadcast service iseffectively precluded (see paragraph 3,supra) and in any event only onelicensee would be able to, takeadvantage of Channel 17 were itavailable. Although Channel 17 might beuseful for'low power operations asproposed in Docket 78-253, it is clear -

that many other channels might be soemployed equally. The effect of nothaving Channel 17 available for lowpower operations would be minimal.

Proposal.1

12. Accordingly, the Commission isissuing this Notice of Proposed RuleMaking for reallocation of the 488-494MHz band (UHF-TV Channel 17) to theFixed'Service in Hawaii by addingfootnote NG127 to the TableofFrequency Allocations, Section 2.106. /Any possible use of Channel 17 inHawaii resulting from adopting of lowpower television rules, BC Docket 78-253, would be precluded by this action.

13. The proposed amjendments toParts 2, 22, 73, and 74 of the Rules, as setforth in the Appendix, are issuedpursuant to the authority contained inSections 4(i) and 303 of the -Communications Act of 1934, asamended.

14.,For purposes of this non-restrictednotice and commentrulemakingproceeding, members of the public areadvised that exparte contacts arepermitted from the time the Commissionadopts anotice of proposed rulemakinguntil the time a public notice is issuedstating that a substantive disposition ofthe matter is to be considered at aforthcoming meeting or until a finalorder disposing of the matter is adoptedby the Commission, whichever is earlier.In general, an exparte presentation isany written or oral communication(other than formal written comments/pleadings and formal oral arguments)

between a person outside theCommission and a Commissioner or amember of the Commission's staff whichaddressed the merits of the proceeding.Any person who submits a written oxparte presentation must serve a copy ofthat presentation on the Commission'sSecretary for inclusion in the public file,Any person who makes an oral expertepresentation addressing matters notfully covered in any previously-filedwritten comments for the proceedingmust prepare a written summary of thatpresentation; on the day of oralpresentation, that written summary mustbe served on the Commission'sSecretary for inclusion in the public file,with a copy to the Commission officialreceiving the oral presentation. Each oxparte presentation described above-must state on its-face that the Secretaryhas been served, and must also state bydocket number the proceeding to whichit releases. See generally, Section 1.1231of the Commission's rules, 47 CFR1.1231.

15. It is ordered, that RadioCall'sPetition for Reconsideration (RM-2304)is granted. It is further ordered, that acopy of this Notice shall be sent to theChief Counsel for Advocacy of the SmallBusiness Administration.

16. Pursuant to applicable proceduresset forth in Section 1.415 of theCommission's Rules, interegted personsmay file comments on or before August31,1981, and reply comments on orbefore September 15, 1981. All relevantand timely comments will be consideredby the Commission before final action istaken in this proceeding. In reaching itsdecision, the Commission may take intoconsideration infdrmation and ideas notcontained in the comments, providedthat such information ot a writingindicating the nature and source.of suchinformation is placed in the public file,and provided that the fact of theCommission's reliance on suchinformation is noted in the Report andOrder.

17 In accordance with the provisionsof 1.419 of the Commission's Rules, anoriginal and five copies of allstatements, briefs or comments filedshall be furnished the commission.Responses will be available for publicinspection during business hours in theCommission's Public Reference Room inits headquarters in Washington, D,C,

18. For further information concerningprocedures to follow with respect to thisrulemaking proceeding, contact MaureenCesaitis (202 653-8154. A summary ofthe Commission's procedures governingex parte contacts in informal rulemakingis available from the Commission's

40538


Consumer Assistance Office, FCC,Washington, D.C. 20554, (202) 632-7000.(Sacs. 4.303, 307,48 Stat., as amended, 1066,1082,1083; 47 U.S.C. 154,303, 307)Federal Communiucations Commission.William J. Trcanco,Secretary.

APPENDIXIt is proposed to amend Parts 2, 22, 73

and 74 of Chapter I of Title 47 of theCode of Federal Regulations as follows:

PART 2-FREQUENCY ALLOCATION'AND RADIO TREATY MATTERS,GENERAL RULES AND REGULATIONS

In § 2.106, the Table of FrequencyAllocations is revised by addingfootnote designator NG127 in column 8to the band 470-512 MHz and by addingthe text of footnote NG127, in propernumerical sequence, following theTable, as shown below:

§ 2.106 Table of frequency allocations.

Federal Communications CommissionNature of"

Band ,Sece Class of Fre- N of(MHz) station quency station

7 8 9 10 11

470-512 Broad- Teevwson -- Broadcastingcasting broadcast- pubicland ing landmobile mobile,(NG6) base. -land(NG114) w-qnsorta-(NG127}. tion.

domestic,pubc

NG127 In Hawaii, the frequecy band.488-494 MHz is allocated exclusively to thefixed servicefor use by common carriercontrol and repeater stations for-point-to-point inter-island communcations only.

PART 22-PUBLIC MOBILE RADIOSERVICES

Section 22.501 is revised byadding paragraph (in) which reads asfollows:

§ 22.50 Frequencies;

(in) In lieu of a wireline circuit forcontrol of a specific base stationtransmitter from its required controltPoint or in lieu of wirelines for an audiocircuit to a base station control pointfrom a remotely located fixed receiverused for reception of mobile stationtransmissions, and-upon an affirmative

showing that ihie conditions set forth insubparagraphs (1) through (6) of thisparagraph are satisfied, point-to-pointinter-island control knd repeaterstations may be authorized in the Stateof Hawaii upon the frequency pairsindicated below:

TransamIler for recclyc, Roceic (or trans1tca)

488.250 491.250488.750 491.750489.250 492250489.750 492750490.250 4M3250490.750 49.70.

(1) All applicants for regularauthorization in this band shall beforefiling an application or majoramendment to a pending application,coordinate the proposed frequencyusage with existing users in the area andother applicants with previously filedapplications. All applicants, permitteesand licensees shall cooperate fully andmake reasonable efforts to resolvetechnical problems.

(2) Each applicant shall identify in itsapplication all entities with which thetechnical proposal was coordinated.

(3) If technical problems cannot beresolved, the Commission will assign asuitable frequency or designate theapplication for hearing.

(4) The following guidelines areapplicable to the coordinationprocedure:

(i) Coordination involves two separateelements: Notification andresponse.Both or either may be oral or in writtenform. To be acceptable for filing, allapplications and major technicalamendments must certify thatcoordination, including response, hasbeen completed. The name of thecarriers with which coordination wasaccomplished must be specified.

(ii) Notification must include relevanttechnical details of the proposal. Atminimum, this should include, asapplicable, the following:

(A] Transmitting station name.(B) Transmitting station coordinates.(C) Frequencies and polarizations to

be added or changed.(D) Transmitting equipment type, Its

stability, actual output power, andemission designator.

(E) Transmitting antenna type andmodel and, if required, a typical pattern'and maximum gain.

(F) Transmitting antenna height-aboveground level and ground elevationabove mean sea level.

(G) Receiving station name.(H) Receiving station coordinates.(I) Receiving antenna type and model

and, if required, a typical pattern andmaximum gain.

(J) Receiving antenna height aboveground level and ground elevationabove mean sea level.

K) Path ammuth and distance.(ill) Response to notification should be

made as quickly as possible, even if notechnical problems are anticipated.Every reasonable effort should be madeby all carriers to eliminate all problemsand conflicts. If no response tonotification is received within 30 days,the applicant will be deemed to havemade reasonable efforts to coordinateand may file hIs application without aresponse.

(iv) The 30-day notification period iscalculated from the date of receipt bythe carrier being notified. If notificationis by mail, this date may be ascertainedby: (A) The return receipt on certifiedmail( (B) the enclosure of a card to bedated and returned by the recipient, or(C) a conservative estimate of the timerequired for the mail to reach itsdestination. In the latter case, theestimated date when the 30-day periodwould expire should be stated in thenotification.

(v) All technical problems that cometo light during coordination must beresolved unless a statement is includedwith the application to the effect that the .applicant is unable or unwilling toresolve the conflict and briefly thereason therefor.

(vi) Where a number of technicalchanges become necessary for a systemduring the course of coordination, anattempt should be made to minimize thenumber of separate notifications forthese changes. Where the changes areincorporated into a completely revisednotice, the items that were changed fromthe previous notice should be identified.

(vii) Where subsequent changes arenot numerous or complex, the carderreceiving-the changed notificationshould make an effort to respond in lessthan 30 days. Where the notifyingcarrier believes a shorterresponse timeis reasonable and appropriate, it may behelpful for hu to so indicate in thenotice and perhaps suggest a responsedate.

(viii) If it is determined that asubsequent change could have noimpact on some carriers receiving theonginal notification, it is not necessaryto coordinate the change with suchcarrier. However, these carriers shouldbe advised of the change and of theopinion that coordination is not requiredfor said change.

(5) The effective radiated power of thecontrol and repeater station does notexceed 150 watts.

(6) The antenna beamwidth will notexceed 15°.

40539

Federal Register / Vol. 4 6 T No. 153 / Monday, August 10, 1981 / Proposed Rules

PART 73-RADIO BROADCASTSERVICES

Section 73.603 is amended by addingnew paragraph (d) to read as follows:

§ 73.603 Numerical designation oftelevision channels.

(d] In Hawaii, the frequency band488-494 MHz is allocated fornonbroadcast use. This frequency band(Channel 17) will not be assigned inHawaii for use by television broadcaststations.

PART 74-EXPERIMENTAL,AUXILIARY, AND SPECIALBROADCAST, AND OTHER PROGRAMDISTRIBUTION SERVICES

Section 74.702(d) is revised toread asfollows:

§ 74.702 Frequency assignment.*t / * *t * *

(d) Any one of the UHF channels from14 through 54 (except channel 37) mayalso be assigned to a UHF translatorstation meeting the mmnmum spacingrequirements of paragraph (c), of thissection, provided. that an adequateshowing is made that it is not possible toassign a UHF translator station on achannel from 55 through 69 in the area tobe served and meet the requirements ofparagraph (c) of this section, and thatthe highest available channel lathe 14-54 range has been selected. Channel 17is allocated for nonbroadcast use inHawaii and will not be assigned to aUHF translator in that State.

[FR Doe. 81-23mia Filed 8-7-81; &45 am]

BILLNG CODE 6712-01-M

DEPARTMENT OF TRANSPORTATION/ I

Research and Special ProgramsAdministration (

49 CFR Parts 100 Through 199 (Ch. I)

Transport of Radioactive Materials;Extension-of Deadline for Commentson Proposed Changes to InternationalRegulationsAGENCY: Materials TransportationBureau, Research and Special ProgramsAdmmistration, DOT.ACTION: Extension of time for publiccomment.

SUMMARY: This notice extends thepublic comment period on theInternational Atomic Energy Agency's(IAEA) proposed 1983 revision to its"Regulations for the Safe Transport ofRadioactive Materials, Safety Series No.6."

DATE: Comments should be received byAugust 21, 1981.ADDRESS: Send comments to DocketsBranch, Materials TransportationBureau, U.S. Department ofTransportation, Washington, D.C. 20590.Comments should be submitted m fivecopies. The Dockets Branch is located inRoom 8426 of the Nassif Building, 4007th Street, SW., Washington, D.C. 20590.Office hours are 8:30 a.m. to 5:00 p.m.,Monday through Friday. Telephone (202)426-3148.

FOR FURTHER INFORMATION CONTACT:MR. Rawl, Office of HazardousMaterials Regulation, MaterialsTransportationBureau, U.S. Departmentof Transportation, 400 Seventh Street,SW., Washington, -D.C. 20590, telephone202-426-2311.SUPPLEMENTARY INFORMATION: On May7, 1981 (46 FR 25491), IMTB publishednotice of the availability of a "FirstDraft Revision" of the IAEA"Regulations for the Safe Transport ofRadioactive Materials" whichisscheduled for adoption in 1983. Thisnotice ihcluded a request for publiccomment on this document.

After the notice was published, MTBreceived the "Second Draft Revision" ofthe IEAE regulations which consisted ofthe "First Draft Revision" complete withthe revised fissile material proposedrequirements. Tius more completesecond draft was subsequentlydistributed to requestors instead of theearlier first draft.

Due to the complexity of the proposedregulations, MTB believes that it isappropriate to provide additional timefor comments to be developed andreceived. Consequently,,the commentpefiod is extended until August 21, 1981.

Issuedin Washington, D.C. on August 3,1981.

J. T. Hornung,Acting Associate Director for HazardousMaterials Regulation, MaterialsTransportation Bureau.

IFR Doe. 81-3ZiiGBFiled 8-7-81; 845 mlBILLING CODE 4910-60-M

49 CFR Part 175[Docket No. HM-166J; Notice No. 81-5]

Carriage of Tear Gas Devices AboardAircraftAGENCY: Materials TransportationBureau (MTB), Research andSpecialPrograms Administration, DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: The Hazardous MaterialsRegulations (HMR) forbid the carnage oftear gas devices aboard passenger-

carrying aircraft. In response to requestsfrom the Federal AviationAdministration and the general public,the MTB proposes to relax thisprohibition m order to permit passengersand crewmembers to carry smallpersonal protection devices, containingtear gases or pepper extracts, in checkedbaggage.DATE: Comments must be received bySeptember 9, 1981.ADDRESS: Comments should identify thedocket and be addressed to thq DocketsBranch, Materials TransportationBureau, U.S. Department ofTransportation, Washington, D.C. 20590,Five copies are requested. The DocketsBranch is located in room 8426 of theNassif Building, 400 Seventh Street,S.W., Washington, D.C. Public docketsmay be reviewed between the hotirs 8:30a.m. and 5:00 p.m., Monday throughFriday.FOR FURTHER INFORMATION CONTACT:Edward T. Mazzullo, StandardsDivision, Office of Hazardous MaterialsRegulation, Materials TransportationBureau, Department of Transportation,400 Seventh street, S.W., Washington,D.C. 20590, (202)426-2075.SUPPLEMENTARY INFORMATION: Thepurpose of this proposed rulemaking Isto provide relief to the travelling pubiowith regard to the carnage aboardaircraft of personal protection devicescontaining tear gases. Small hand heldprotection devices containing smallamounts of tear gas and other Irritatingmaterials are becoming an increasingproblem at airports nationwide. Many ofthese devices are being discovered atairport screening points being carried bypassengers tfavelling by air who, Inmany. instances, are not aware that theHazardous Materials Regulations (HMR)prohibit the transportation of tear gases,including devices, on passenger-carryingaircraft.

The HMR have historically forbiddenthe carriage of tear gases on passenger-carrying aircraft because of the potentialhazard posed to passengers andcrewmembers in the event of a releaseof such materials. The effects of tear gason a person may include (dependent ontype, concentration and length ofexposure) a copious flow of tears,burning and involuntary closing of theeyes, stinging of the skin, irritation ofthe sinuses, coughing, respiratorydistress and panic. High concentrationsof certain tear gases are capable ofcausing nausea, vomiting and evendeath.

In recent years there has been aproliferation of hand held personalprotection devices intended for use by

I440540


the general public. The devices are, forthe most part, aerosol dispenserscontaining a tear gas or pepper extractdissolved in a solvent and charged witha propellent gas.The solution isdispersed in the form of a cloud, mist,droplets or stream, depending upondesign of the device. The tear gascomponent of the solution tends to be invery low concdntrations of 2 percent orless. Due to the relatively lowconcentrations and small sizes of thesedevices, it is believed that under certainconditions, they can be safely carriedahoard passenger-carrying aircraft.Therefore, in response to a number ofrequests, the MTB is proposing to relax-existing provisions of the HMR to permitthe transportation of small tear gasdevices aboard passenger-carryingaircraft under specified conditions whencarried by a passenger or crewmemberin checked baggage.

The proposed rule addresses tear gasdevices which are subject to the HMRas irritating materials and also devicescontaining pepper extracts which,although they do not meet the definitionin 49 CFR 173.380 for Irritating materials,are subject to the HMR when chargedwith a compressed gas. The proposedrule would permit a traveller to carryone device, capacity not to exceed 2fluid ounces, in his checked baggage ifthe device is packaged so as to preventaccidental activation. A limit of onedevice'of no more than-two fluid ouncescapacity is believed necessary ui orderto minumze the possibility of tear gasescaping from the baggage in which it ispackaged in the event that an accidentalrelease-occurs during flight. The meansby which the device must be packagedto prevent accidental activation has notbeen specified, in order to provideflexibility in packaging. Some of thedevices are normally carried m cases(designed to attach to belts or keychains) which of themselves protectagainst activation. In other instances,additional packaging may be necessaryto protect against activation of thedevice. The proposal is limited todevices carried by passengers andcrewmembers in their checked baggageto preclude commercial shipments ofsuch devices on passenger-carryingaircraft.

In consideration of the foregoing, 49CFR Part 175 would be amended asfollows:

In § 175.10, paragraph (a)(15) wouldbe added, as follows:

§ 175.10 Exceptions.

(a) * * *(15) Personal protection devices

consisting of tear gas or pepper extract

solutions in aerosol type containerscarried by crewmembers or passengersin checked baggage when-

(i) The capacity of the aerosol -contarner-does not exceed 2 flid ounces(3.61 cubic inches);

(ii) The device is packaged in amanner which will prevent itsaccidental activation; and

(iii) No more than one such device iscontained in any one item of checkedbaggage.* * * *

(49 U.S.C. 1803,1804,1808; 49 CFR 1.3, App.A to Part 1, and paragraph (a)(4) of AppendixA to Part 100)

Note.-The Materials TransportationBureau has determined that this documentwill not result in a "major rule" under theterms of Executive Order 12291 and DOTprocedures (44 FR 11034) nor require anenvironmental impact statement under theNational Environmental Policy Act (49 U.S.C.4321 et. seq.). A regulatory evaluation and anenvironmental assessment are available forreview in the Docket. I certify that thisproposed regulation, if published as a finalrule, will not have a significant economicimpact on a substantial number of smallentities.

Issued in Washington, D.C. on July 31,1981.Alan I. Roberts,Associate DirectorforHozardous MaterialsRegulation, Materials Transportation Bureau.[FR Doc. 81-232 Filed 8-7-81: &45 am)BILLING CODE 4910-60-M

National Highway Traffic Safety

Administration

49 CFR Part 575

[Docket No. 79-02; Notice 4]

Consumer Information RegulationsAGENCY: National Highway TrafficSafety Administration.ACTION: Notice of proposed rulemaking.

SUMMARy This notice proposesamendment of the ConsumerInformation Regulations to permitmanufacturers to modify initial pre-introduction submissions ofperformance data on new vehiclemodels. Under.the proposal,manufacturers would be permitted tomodify information previouslysubmitted to the agency, providednotification of the changes is filed withthe National Highway Traffic SafetyAdministration at least 30 days inadvance of the date of introduction ofthe subject vehicles and changes arenecessitated by unforeseeable designmodifications affecting performance.The proposal, which responds to apetition submitted by Ford MotorCompany, is intended to avoid undue

restriction of pre-introduction productchanges occurring shortly before the -new model year.DATES: Comments must be received onor before October 9,1981. Proposedeffective date: June 1,1982.ADDRESSES: Comments should refer tothe docket number and be submitted to:Docket Section, Room 5109, NassifBuilding, 400 Seventh Street, S.W.,Washington, D.C. 20590. Docket hoursare 8 a.m. to 4 p.m., Monday throughFriday.FOR FURTHER INFORMATION CONTAC".Steven Zaidman. Office of AutomotiveRatings, National Highway TrafficSafety Admniustration. 400 SeventhStreet, S.W., Washington, D.C. 20590,202-426-1740.SUPPLEMENTARY INFORMATION: TheConsumer Information Regulations (49CFR Part 575) provide consumers withinformation concerning various aspectsof motor vehicle and tire performance inorder to aid them in the purchase andoperation of vehicles and equipment. Inaddition to supplying information indealers' showrooms and m the vehiclesthemselves, manufacturers are requiredto submit data to the National HighwayTraffic Safety Administration (NHTSA)in advance of new model introduction.The advance submission enables theagency to compile information fromvarious manufacturers in a comparativeformat and disseminate the informationto purchasers of new vehicles.

In order to fulfill the objective ofproviding useful comparativeinformation to prospective purchasers intime to assist them in the purchase ofnew vehicles, it is important that theinformation compiled and distributedearly in the model year. To further thisgod], NHTSA amended § 575.6(d) of theConsumer Information Regulations (49CFR 575.6(d) effective June 1,1982 toadvance the deadline for submission ofinformation by manufacturers to theagency from at least 30 days prior tomodel introduction to at least 90 daysprior to that date (45 FR 47152; July 14.1980). The 30-day advance submissionperiod was retained for Uniform TireQuality Grading and for changesoccurring during the model year.

Ford Motor Company has petitionedNHTSA to modify § 575.6(d) to providea 30-day advance submission deadlinefor pre-introductioi amendments toinformation initially submitted prior tothe go-day advance submissiondeadline. Ford argues that thismodification is necessary to clarify therequirement and to avoid-inhibiting pre-introduction product improvements.Ford's petition was submitted-as a

40541


petition for reconsideration of NHTSA'sJuly 14 notice amending Part 574,However, the petition was not receivedby NHTSA until August 19, 1980, beyondthe 30-day limit established by agencyregulations (49 CFR 553.35) for petitionsfor reconsideration. For this reason, thepetition has been treated as a petitionfor rulemaking under Part 552 of Title 49of the regulations.

NHTSA believes. that therequirements of § 575:6(d) as amendedare clear that all information submittedprior to model introduction must besubmitted to the agency at least 90 daysbefore that information'is madeavailable to prospective purchasers.Pursuant to § 575.6(c), information mustbe made available to prospectivepurchasers not later than the day onwhich the manufacturer first authorizesthe subject vehicles to be put on publicdisplay and sold to consumers.' NHTSA believes that in most casesadequate planning will enablemanufacturers to develop accurateinformation in advance of the 90-4aysubmission deadline without mterferringwith model introduction schedules.However, the agency recognizes that insome cases component supply changesor unexpected test results or productiondifficulties may necessitate lastminutedesign modifications affecting theperformance characteristics covered bythe Consumer Information Regulations.A manufacturer in such a situationwould be faced with the choice ofdelaying needed changes or disruptingproduction schedules while sufficientadvance notice of the changes isprovided to the agency.

To avoid unnecessary burdens onindustry, NHTSA proposes to amend§ 575.6(d) of the Consumer InformationRegulation to permit modification of.initial submissions of performance data.Under the proposal, manufacturerswould be required to notify the agencyat least 30 days in advance of newmodel introduction that a change inpreviously submitted information onvehicle stopping distance, tire reserveload, or truck camper loading is requireddue to an unforeseeable design orcomponent modification on the subjectvehicle. NHT SA believes that thenumber of occasions in whichunforeseeable last.minute productchanges will require amendment ofpreviously submitted information will belimited and, tlierefore, can beincorporated in the consumerinformation. compilations withoutcausing delay or inaccuracy. To theextent Ford's petition is not granted by

this proposal, the petition is dened.NHTSA has evaluated this proposed

relieving of a restriction and found thatits effect would be to provide minor costsavings for the motor vehiclemanufacturers. Accordingly, the agencyhas determined that the proposal is nota major rule within the meaning ofExecutive Order12291 and is notsignificant for purposes of Departmentof Transportation policies andprocedures for internal reviewproposals. The agency has furtherdetermined that the cost savings are notlarge enough to warrant preparation of aregulatory evaluation under theprocedures. The agency has alsodetermined pursuant to the RegulatoryFlexibility Act that the proposal will notsignificantly affect small entities,because few, if any, motor vehiclemanufacturers can be considered smallentities within the meaning of thestatute. Finally, the agency hasconcluded that the environmentalconsequences of the proposed changewill be of such limited scope that theyclearly will not have a significant effecton the quality of the humanenvironment.PART 575-CONSUMERINFORMATION REGULATIONS

§ 575.6 [Amended]-In consideration of the foregoing, it is

proposed that 49 CFR 575.6 beamended:

I' By substitution of the words "(1)i)Except as provided in paragraph(d(1](ii) of this section, in" in place ofthe word "In" in the first sentence ofparagraph (d).

2. By addition of a new paragraph(d)(1)(i!) to read as follows:

(d)* * *

(1)(ii) Where an unforeseeable pre-

introduction modification in vehicledesign or equipment results in a changein vehicle performance for a -characteristic included in Subpart B ofthis part, a-manufacturer of motorvehicles may revise informationpreviously furnished under (d)(1)(iJ ofthis section by submission to theAdministrator of 10'copies of revisedinformation reflecting the performancechanges, at least 30 days beforeinformation on the subject vehicles isfirst-provided to prospective purchaserspursuant to paragraph-(c) of this section.* * * * *A

3. By addition of a new subparagraph

heading "(2)" before the secondsentence of paragraph (d).

Interested persons are invited tosubmit comments on the proposal. It Isrequested but not required that 10 copiesbe submitted.

All comments must be limited not toexceed 15 pages in length. Necessaryattachments maybe appended to thesesubmissions without regard to the 15-page limit. This limitation is intended toencourage commenters to detail theirprimary arguments in a concise fashion,

If a commenter wishes to submitcertain information under a claim ofconfidenliality, three copies of thecomplete submission, includingpurportedly confidential information,should be submitted to the ChiefCounsel, NHT.A, at the street addressgiven above, and seven copies fromwhich the purportedly confidentialinformation has been deleted should besubmitted to the Docket Section, Anyclaim of confidentiality must besupported by a statement demonstratingthat the information falls within 5 U.S.C.552(b)(4), and that disclosure of theinformation is likely to result insubstantial competitive damage;specifying the period during which theinformation must be withheld to avoidthat damage. and showing that earlierdisclosure would result in that damage.In addition, the commenter oi', in thecase of a corporation. a responsiblecorporate official authorized to speakfor the corporation must certify inwriting that each item for whichconfidential treatment is requested is infact confidential within the meaning ofsection 552(b)(4) and that a diligentsearch has been conducted by thecommenter or its.employees to assurethat none of the specified items haspreviously been disclosed or otherwisebecome available to the public.

All comments received before theclose of business on the commentclosing date indicated above will beconsidered, and will be available forexamnation in the docket at the aboveaddresi both before and after that date,To the extent possible, comments filedafter the closing date will also beconsidered. However, the rulemakingaction may proceed at any time afterthat date, and comments received afterthe closing date and too late forconsideration in regard to the action willbe treated as suggestions for futurerulemaking. NHTSA will continue tq filerelevant material as it becomesavailable in the docket after the closing

40542

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Proposed Rules 40543

date, and it is recommende4thatinterested persons continue to examinethe docket for new material.

Those persons desiring to be notified'upon receipt of their comments in therulemaking docket should enclose, intheenvelope with their comments, a selfaddressed stamped postcard. Uponreceiving the comments, the docketsupervisor will return the postcard bymail.(Secs. 103, 112.119, Pub. L 89-563. 80 Slal718 (15 U.S.C. 1392. 1401.1407); delegations ofauthority at 49 CFR 150 and 501.8)

Issued on: August 5, 1981.MichaelM. Finkelstem,Associate AdnuzustratorforRulezakn.k,.IFR Doc 1-23265 Filed 8-7-8u 845 am]


40544

Notices Federal Register

Vol'. 46, No. 153


This section of the FEDERAL REGISTERcontains documents other than rles orproposed rules that are applicable to thepublic. Notices of heanngs andInvestigations, committee meetings, agencydecisions and rulings, delegations ofauthority, filing of petitions andapplications and agency statements oforganization and functions are examplesof documents appeanng in this section.

ADVISORY COUNCIL ON HISTORICPRESERVATION

Murrells Inlet, Georgetown County,S.C.; Availability of Comment

Pursuant to Section 106 of theNational Historic Preservation Act and§ 800.6(d) of the regulations of theAdvisory Council on HistoricPreservation (Council), "Protection ofHistoric and Cultural Properties," a-Panel of the Council met on July 20 and21, 1981, to consider the proposal of aprivate developer to construct anentrance channel and commercialmarina complex in Murrells Inlet,Georgetown County, South Caiolina. Ithas been determined that thisundertaking, for which a permit from theU.S. Army Corps of Engineers,Charleston District has been requested,would adversely affect the Murrells InletHistoric District, a property included inthe National Registdr of Places. At thatmeeting, the Council Panel adoptedcomments which have been transmittedto'the Chief of Engineers, U.S. ArmyCorps of Engineers.

This ffotice, pursuant to 36 CFR800.6[d)(5), is to advise interestedparties that copies of these commentsare available upon request from theExecutive Director, Advisory Council onHistoric Preservation, 1522 K Street,N.W., Washington, D.C. -20005, 202-254-3495, ATTN: Don L. Klima.Robert R. Garvey, Jr.,Executive Director.IFR Doc. 81-23179 Filed 8-7-81:8:45 am]BILLING CODE 4310-10-M

DEPARTMENT OF AGRICULTURE

Federal Grain Inspection Service

Privacy Act of 1974; System ofRecordsAGENCY: Department of Agriculture,Federal Grain Inspection Service.

ACTION: Notification of new system ofrecords under the Privac Act of 1974.

SUMMARY: This system will enable theSafety and Health Office of the FederalGrain Inspection Service to assistemployees with processing claims foroccupational injury and illness underthe Federal Employees CompensationAct, as amended; submit, in accordancewith the Occupational Safety andHealth Act of 1970, an annual report ofall occupational injuries and illnesseswhich occur within the Agency to theDepartment of Labor for them toevaluate incidence of injuries and theincidence and nature of illnessesoccurring in the Federal Sector; todevelop statistics for analysis ofaccident and injury rates m the Agency.EFFECTIVE DATE: September 9, 1981.FOR FURTHER INFORMATION CONTACT:Burt C. Hawkins, Director,Administrative Services Division,Agricultural Marketing Service, 14th andIndependence Ave., Room 1090-S, SW.,Washington, D.C. 20250. Phone Number:(202) 447-3955.Richard E. Lyng,Acting Secretary ofAgriculture.August 4,1981.

The new system is as follows:

USDA/FGIS-5

SYSTEM NAME{Occupational injury/illness and-motor

vehicle accident case files for U.S.Department of Agriculture (USDA),Federal Grain Inspection Service (FGIS)employees.

SYSTEM LOCATION:USDA, FGIS,, Safety and Health

Office, Kansas City, Missouri.

CATEGORY OF INDIVIDUALS COVERED BY THESYSTEM:

Any FGIS employee who suffers anoccupational injury/illness or isinvolved in a motor vehicle accidentwhile in performance of official duties.

CATEGORIES OF RECORDS IN THE SYSTEM:All forms, correspondence and other

data pertinent to processing of illness/injury claims and motor vehicle accidentreports.

AUTHORITY FOR MAINTENANCE OF THESYSTEM:

The Occupational Safety and HealthAct of 1970 Pub. L. 91-596, Sec. 19, E.O.

11807 and E.O. 12196, FederalEmployees Compensation Act, asamended (5 U.S.C. 8101 et seq.), and 29CFR 1960.

ROUTINE USES OF RECORDS MAINTAINED INTHE SYSTEM, INCLUDING CATEGORIES OFUSERS AND THE PURPOSES OF SUCH USES:

Use of records will be limited to FOISemployees authorized to assistemployees with processing claims foroccupational injury and illness underthe'Federal Employees CompensationAct as amended; submit, in accordancewith the Occupational Safety andHealth Act of 1970, an annual report ofall occupational injury and illnesseswhich occur within the Agency to theDepartment of Labor for them toevaluate incidence of injuries and theincidence and nature of illnessesoccurring in the Federal Sector; and todevelop statistics for analysis ofaccident and injury rates in the Agency.

POLCIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM!

STORAGE:

Records are stored in individual filefolders at address listed above.

RETRIEVABILITY:

Records are indexed alphabetically bylast name of individual, by FGISRegional Office, and by calendar year.

SAFEGUARDS:

Records are maintained ingovernment office building, in lockedoffice or locked file cabinet.

RETENTION AND DISPOSAL*

Records are maintained inconformance with appropriate GeneralServices Administration disposalschedules as implemented by AMS/FGIS Instruction 270-1, RecordsManagement Program.

SYSTEM MANAGER(S) ADDRESS:

Director, Safety and Health Office,USDA, FGIS, Kansas City, Missouri.

NOTIFICATION PROCEDURE:

Aiy individual may requestinformation concerning their records bycontacting the system manager.

RECORD ACCESS PROCEDURES:

Any individual may obtaininformation as to the procedure forgaining access to a record In the system

-Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

that pertains to him/her from the systemmanager.

CONTESTING RECORD PROCEDURES'

Any individual may obtaininformation as to the procedure forcontesting a record in the system thatpertains to him/her from the systemmanager.

RECORD SOURCE CATEGORIES:

Information contained in the system isobtained from employees, theirsupervisors, physicians, and U.S.Department of Labor, Office of Workers'Compensation Programs (OWCP) claimforms and correspondence.IFR Doc;81-23194 Filed 8-7- &.S am]BILUNG CODE 3410-02-M

Soil Conservation Service

Campbell Creek Watershed, Okla;Intent To Prepare an EnvironmentalImpact StatementAGENCY. Soil.Conservation Service.USDA.ACTION: Notice of intent to prepare anenvironmental impact statement.

FOR FURTHER INFORMATION CONTACT:.Mr. Roland R. Willis, StateConservationist, Soil ConservationService, Agricultural Center Building,Farm Road and Brumley Street,Stillwater, Oklahoma 74074, telephonenumber 405-624-4360.'Notice: Pursuant to Section 102(2) (c)

of the National Environmental PolicyAct of 1969; the Council onEnvironmental Quality Guidelines (40CFR Part 1500); and the SoflConservatiofi Service Guidelines (7 CFRPart 650]; the Soil Conservation Service,U.S. Department of Agriculture, givesnotice that an environmental impactstatement is being prepared for theCampbell Creek Watershed, KingfisherCounty, Oklahoma.

This federally assisted action mayresult in significant local, regional, ornational impacts on the environment. Asa result, Mr. Roland R. Willis, StateConservationist, has determined that thepreparation and review of anenvironmental impact statement isneeded for this project.

A plan for watershed protection andflood prevention will be developed inresponse to a request for assistance bylocal sponsoring organizations under the.authority of Pub. L. 83-566.

A draft environmental impactstatement will be prepared andcirculated for review by agencies andthe public. The Soil ConservationService invites participation of agenciesand individuals with expertise or

interest in the preparation of the draftenvironmental impact statement. Thedraft environmentalimpact statementwill be developed by Mr. Roland R.Willis, State Conservationist.(Catalog of Federal Domestic AssistanceProgram No. 10.904, Watershed Protectionand Flood Prevention Program. Office ofManagement and Budget Circular A-5regarding State and local clearinghousesreview of Federal and federally assistedprogram and projects Is applicable)

Dated. July 23, 1981.David G. UngerAssociate ChiefIFR Doe. 81-M3i7 Fied -7-81: &'5 aml ,

BILLING CODE 3410-16-"

Lower Bayou Watershed, OkIa.; Intentto Prepare an Environmental ImpactStatement

AGENCY: Soil. Conservation Service.USDA.ACTION: Notice of intent to prepare anenvironmental impact statement.

FOR FURTHER INFORMATION CONTACT.Mr. Roland R.Willis, StateConservationist, Soil ConservationService, Agricultural Center Building,Farm Road and Brumley Street,Stillwater, Oklahoma 74074. telephone-number 405-624-4360.

Notice: Pursuant to Section 120(2)(C)of the National Environmental PolicyAct of 1969; the Council onEnvironmental Quality Guidelines (40CFR Part 1500); and the SoilConservation Service Guidelines (7 CFRPart 650); the Soil Conservation Service,U.S. Department of Agriculture, givesnqtice that an environmental impactstatement is being prepared forremaining work in the Lower BayouWatershed, Love County, Oklahoma.

This federally assisted action mayresult in significant local, regional, ornational impacts on the environment. Asa result, Mr. Roland R. Willis, StateConservationist, has determined that thepreparation and review of anenvironmental impact statement isneeded for this project.

The project concerns a plan forwatershed protection and floodprevention developed in -1963. Measuresplanned include land treatment,floodwater retarding structures, andchannel work. Some of the measureswere covered by a negative declarationpublished in December 1975. Theenvironmental evaluation will considerthe remaining measures andalternatives.

A draft environmental impactstatement will be prepared andcirculated for review by agencies and

the public. The Soil ConservationService invites participation of agenciesand individuals with expertise orinterest in the preparation of the draftenvironmental impact statementL Thedraft environmental impact statementwill be devefoped by Mr. Roland R.,Willis, State Conservationist.(Catalog of Federal Domestic AssistanceProgram No. 10.904. Watershed Protectionand Flood Prevention Program. Office ofManagement and Budget Circular A-95regarding State and local clearinghousereview of Federal and federally assistedprograms and projects is applicable)

Dated: July 23.1981.David G. Unger,Associate Chief[FR Dc. 8-=74 Fdlcd 8-7-: &45 amlBILLING CODE 3410-16-

Lowland Watershed, N.C.;Deauthorization of Federal FundingAGENCY: Soil Conservation Service,USDA.ACTION: Notice of deauthorization ofFederal funding.

FOR FURTHER INFORMATION CONTACT:.George C. Noms, Acting StateConservationist, Soil ConservationService, 310 New Bern Avenue. Room544, Federal OfficeBuilding. Raleigh.North Carolina 27611, telephone 919-755-4210.

Notice: Pursuant to the WatershedProtection ind Flood Prevention Act,Pub. L. 83-566, and the SoilConservation Service Guidelines (7 CFRPart 622). the Soil Conservation Servicegives notice of the deauthorization ofFederal funding for the LowlandWatershed project. Pamuico County,North Carolina, effective on May 26.1981.(Catalog of Federal Domestic AssistanceProgram No. 10..04. Watershed Protectionand Flood Prevention Program. Office ofManagement and Budget Circular No. A-95regarding State and local clearinghousereview of Federal and federally assistedprograms and projects is applicable)

Dated. July 27.1981.Joseph IV. Haas,Deputy CluefforNatural Resource Proects.[FR D= a-=7i Fled 3-7-M. MS am]BILLING CODE 3410-1-

Waterfall-Gliford Watershed, Okla.Intent to Prepare an EnvironmentalImpact StatementAGENCY: Soil Conservation Service,USDA.ACTION: Notice of intent to prepare anenvironmental impact statement.

40545

Federal Register / Vol. 46, 'No. 153 / Monday, August 10, 1981 / Notices

FOR FURTHER INFORMATION CONTACT.Mr. Roland R. Willis, StateConservationist, Soil ConservationService, Agricultural Center Building,Farm Road and Brumley Street,Stillwater, Oklahoma 74074, telephonenumber 405-624-4360. "

Notice: Pursuant to Section 102(2)(C)of the National Environmental PolicyAct of 1969; the Council onEnvironmental Quality Guidelines (40CFR Part 1500); and the SuilConservation Service Guidelines (7 CFRPart 650); the Soil Conservation Service,U.S, Department of Agriculture, givesnotice that an environmental impactstatement is being prepared forremaining work in the Waterfall-GilfordWatershed, McCurtain County,Oklahoma.

This federally assisted action mayresult in significant local, regional, ornational-impacts on the environment. Asa tesult, Mr. Roland-R. Willis, StateConservationist, has determined that thepreparation and review of anenvironmental impact statement isneeded for this project.

The project concerns a plan forwatershed protection and floodprevention developed m 1962. Measuresplanned include land-treatment,floodwater retarding structures; andchannel work. Some of the measureswerecovered by a negative declarationpublished in January 1975. Theenvironmental evaluation will considerthe remaining measures andalternatives.

A draft environmental impactstatement will be prepared andcirculated for review by agencies andthe public. The Soil ConservationService invites participation of agenciesand individuals with expertise orinterest in the preparation of the draftenvironmental impact statement. Thedraft environmental impact statementwill be developed by Mr. Roland R.Willis, State Copservationist.(Catalog of Federal Domestic AssistanceProgram No. 10.904, Watershed Protectionand Flood Prevention Program. Office ofManagement and Budget Circular A-95regarding State and local clearinghouse

review of Federal and federally assistedprograms and projects is applicable)

Dated: July 23, 1981.David G. Unger,Associate Chief.[FR Doc. 81-23177 Filed 8-7--81:8:45 aml


Wildhorse Creek Watershed, Okla.;Intent to Prepare an EnvironmentalImpact StatementAGENCY: Soil Conservation Service,USDA.ACTION: Notice of intent to prepare anenvironmental impact statement.

FOR FURTHER INFORMATION CONTACT:Mr. Roland R. Willis, StateConservationist, Soil ConservationService, Agricultural Center Building,Farm Road and Brumley Street,Stillwater, Oklahoma.74074, telephonenumber 405-624-4360.

Notice: Pursuant to Section 102(2)(C)of the National Environmental PolicyAct of 1969; the Council onEnvironmental Quality Guidelines (40CFR Part 1500); and the SoilConservation Service Guidelines (7 CFRPart 650]; the Soil Conservation Service,U.S. Department of Agriculture, givesnotice that an environmental impactstatement is being prepared forremaining work in the Wildhorse CreekWatershed, Stephens, Carvin, Carter,and Murray Counties, Oklahoma.

This federally assisted action mayresult m significant local, regional, ornational impacts on the environment. Asa result, Mr. Roland R. Willis, StateConservationist, has determined that thepreparation and review of an-environmental impact statement isneeded for this project.

The project concerns a plan forwatershed protection, flood prevention,municipal water supply, irrigation watersupply, and recreation developed in 1964on a subwatershed of the Washita Riverdrainage area. Measures plannedinclude land treatment, single andmultipurpose floodwater retardingstructures, and channel work. Some of

the measures were covered by anegative declaration published in March1973. The environmental evalution willconsider the remaining measures andalternatives.

A draft environmental impactstatement will be prepared andcirculated for review by agencies andthe public. The Soil ConservationService invites participation of agenciesand individuals with expertise orinterest in the preparation of the draftenvironmental impact statement. Thedraft environmental impact statementwill be developed by Mr. Roland R.Willis, State Conservationist.(Catalog of Federal Domestic AssistanceProgram No. 10.904, Watershed Protectionand Flood Prevention Program. Office ofManagement and Budget Circular A-95regarding State and local clearinghousereview of Federal and federally assistedprograms and projects Is applicable)

Dated: July 23, 1981.David G. Unger,Associate Chief.[FR Doc. 81-23178 Filed 8-7-81: 6:4 amlBILLING CODE 3410-16-M

CIVIL AERONAUTICS BOARD

Applications for Certificates of PublicConvenience and Necessity andForeign Air Carrier Permits Filed

In the matter of notice of applicationsfor certificates of public convenienceand necessity and foreign air carrierpermits filed under subpart Q of theBoard's procedural regulations. (See 14CFR 302.1701 et seq.]; week ended July31, 1981.Subpart Q Applications

The due date for answers, conformingapplication, or motions to modify scopeare set forth below for each application.Following the answer period the Boardmay process the application byexpedited procedures. Such proceduresmay consist of the adoption of a show-cause order, a tentative order, or inappropriate cases a final order withoutfurther proceedings.

Date filed DocketNo. Description

July 29, 1981 ............ . .. 39855 South Pacific Island Airways. Inc., c/o Haffer and Alterman. 1730 Rhode Island Avenue, NW., Washington. DC 20030.Application of South Pacific Island Airways, Inc. pursuant to Section 401 of the Act and Part 201 and Subpart 0 of the Board's

Economic Regulations. request a certificate of public convenienceaend necessity to provide scheduled, large atalt servicebetween and among the following points:

Honolulu. Hawai-Papeete. Tahiti-Honolulu, HawaiHonolulu. Hawa-Nandi. Fii-Honolulu, HawaiiPago Page, Amencan Samoa-Nandi. Fiji-Pago Pago. Amrencan Samoa

40546

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

Date tiled Docket DcrOiNo, eolc

Pago Pago. American Samoa-Tongatapu Torn ago Page. AmAetcan SamoaPago Pago. American Samoa-Rarotonga-Pago Pago. American Sm=Contornuig Appicaions miotions to moctly 5copo. and Anzves rmy bo tied by, Augwt 26. 1981.

Phyllis T. Kaylor,SecretaryIFIR Doc. 81-23198 Filed 8--7-81:8:45 amiBILLING CQDE 6320-1-M

[Docket 39870, Order 81-8-9]

New YorkaOttawa Proceedings; OrderInstituting Investigation

Adopted by the Civil AeronauticsBoard at its office in Washington, D.C.,on the 3d day of August 1981.

On July 17, 1981, representatives oftheUnited States and Canada jointlyannounced their intention to amend the_United States-Canada Air TransportAgreement to provide for a new NewYork-Ottawa route for beoth a UnitedStates and a Canadian carrier. TheAgreement will provide that theCanadian carrier may serve this route,only if a U.S. carrier does not inaugurateservice by January 1, 1982, or if-the U.S.career designated to serve offers lessthan five round-trip frequencies perweek for more than a 60-day period.'-Improved service is definitely

warranted in this market. Eastern, theU.S. carrier designated to operate a NewYork-Ottawa route, has declined toprovide service;2 Currently, travelers arerestricted-to time-consuming, circuitousinterline and intraline service whichsubstantially increases what should be arelatively short flight between these twopoints. While the distances from NewYork to Montreal and Ottawa arepractically the same, the current traveltime for a New York-Ottawa passengeris from 3% to 5 hours, as compared toslightly more than one hour for mostNew York-Montreal flights. Sinceimlementation of the proposed bilateralrights is essential to overcome theinconvenience and circuity of theexisting service, we find that selectionof a new carrier to operate a NewYork-

'The United States-Canada Agreement currentlyincludesU.S. Route A.3. which reads New York-Montreal/Ottawa. That route will be renumberedU.S. Route A.3[a). and the new New York-Ottawaroute will be numbered A.3(b). The amendment willalso provide for a Canada Route C.7 which can onlybe operated should the-U.S. career designated forRoute A.3[b) not satisfy the operationalrequirements discussed above.

2Eastern is currently designated for the NewYork-Montreal/Ottawa route, but provides ony NewYork-Montreal service. Under the terms of theamended agreement. designation of-a second US.carrier to provide New York-Ottawa service will notprejudice Eastern's authority to institutecompetitive operations to any point on this route.

Ottawa route is consistent with thepublic convenience and necessity.

Anticipating formal adoption of thisbilateral amendment, we have decidedto institute the New York-Ottawa-Proceeding to choose a carrier tooperated this route.3

To ensure that the authorized carrieris prepared to take advantage of thisnew right as soon as possible, we havedecided to process this case using 'nonoral hearing procedures. Should thecase require carrier selection, we willuse procedures similar to those used inthe Denver-London Service Case,Docket 37865 and the U.S.-People'sRepublic of China Service Proceeding.Docket 38629. 4 While we are generallyinclined to use oral hearing proceduresfor cases involving carrier selection, wefind that the need for an expediteddecision to allow the designated carrierto begin service before January 1, 1982outweighs any benefit derived from suchprocedures.

We intend to conduct this proceedingpursuant to the following scheduleshould carrier selectionbe requirediApplications: August 14. 1981.Information Response: August 19, 1981.Direct Exhibits; September 8.1981.Rebuttal Exhibits; September 18, 1981.Briefs: October 5,1981.

We will defer the question of whetherto allow oral argument until afterexhibits are received. In addition, wereserve the right to alter our proceduresand schedule should only oneapplication be received.

We request that the applicants submitdirect exhibits consistent with theevidence request attached as AppendixA.5 Any petitions for reconsiderationmust be filed within 10 days after theservice date of this order. Pursuant toRule 1709 of our Rules of Practice, anyperson may participate in this

"While we recognize that section 298 operatorsdo not require additional authority to operate thisroute, they must submit an application in thisproceeding to be considered for designation.

'We will delegate to the Associate Director forProceedings. Bureau of International Aviation, theauthority to issue any further procedural orders.except orders dealing with motions for an oralhearing.

"Appendices A and B filed as part of the originaldocument.

proceeding. Therefore, petitions forleave to intervene are not required. The_Docket Section will maintain a Servicelist. All applicants and other partiesshould serve copies of their respectiveexhibits and other pleadings on allpersons named in the Service List.sInaddition, a copy of the exhibits andother pleadings should be submitted tothe members and staff at the Boardlisted'in Appendix B. Parties should alsofile with the Docket Section two copiesof all exhibits, which will be placed inthe official docket.

Accordingly, 1. We institute the NewYork-Ottawa Proceeding. Docket 39870,and adopt nonoral hearing procedures.

2. The proceeding instituted inparagraph 1 shall include considerationof the following issues:

a. Which carrier or carers should beauthorized to engage in foreign airtransportation of persons, property andmail between New York, New .York andOttawa, Canada, I and

b. For the carrier or carriersauthorized to engage in service over thisroute, what terms, conditions, orlimitations, if any. should be attached tothat authority;

3. Application. motions to consolidateand petitions for reconsideration shallbe filed by August 14,1981;

4. Information responses shall beissued by August 19, 1981; directexhibits shall be submitted bySeptember 8,1981; rebuttal exhibits bySeptember 18, 1981; and briefs byOctober 5. 1981; 1

5. Copies of all exhibits should beserved on all applicants and personsnamed in the Service List.-as well as onthe Board members and staff listed inAppendix B;

6. We delegate to the AssociateDirtector for Proceedings, Bureau ofInternational Aviation, the authority toissue proceduralorders in thisproceeding. except for orders dealingwith motions for an oral hearing. Thisauthority may be redelegated; and

"The parties must comply with Rule 3(c] insubmitting the application and all motions, petitionsand othe pleadings. with the exception ofexhibits.

This Includes the Issues of carriers fitness andselection ofa back-up carrier.

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Federal Register / Vol. 46, No. -153 / Monday, August 10, 1981 / Notices

7. This order shall be served upon allcertificated air carriers, the UnitedStates Departments of State andTransportation, the Governor of NewYork, and the Port Authority of NewYork and New Jersey.

We shall publish this order in theFederal Register.

By the Civil Aeronautics Board.8?hyllis T. Kaylor,"ecretary.FR Dec. 81-3245 Filed 8-7-8U18.45 am]

31LUNG CODE 6320-01-M

Docket 39831; Order 81-7-160]

inited States-India; FaresProposed "

)y Air India, OrderAdopted by the Civil Aeronautics

3oard at its office in Washington, D.C.,)n the 24th day of July 1981.

On June 18,1981, Air India, pursuant:o an order of the Government of India,tiled tariff revisions proposing increasesn all fares between the United Statesmd India, for effectiveness August 1,L981.

We have decided-to suspend the-onditions governing four of theproposed fares: the first-cliss advance-purchase excursion fare; the 120-day-xcursion fare; the advance-purchase.xcursion fare; and the group inclusive-:our fare (Rules 227, 228, 229 and 425,-espectively). The first'two of the, fourFares, the rules and conditions ofwhichwere established by ordei of the3overnment of India, specify that theouting from the last point of departure

in the United States to the first point ofarrival m India (and vice versa) shall bevia the services of the same carrier. Thethird fare-the advance-purchase3xcursion fare-siipilates thattransportation from the last point ofleparture in the United States to theFirst point of arrival in India (and viceversa] shall be via single-plane servicef the same carrier. The fourth fare-the

,roup inclusive-tour fare-specifies thattransportation from the last point ofleparture from the Unites States to theFirst point of arrival in India (and viceversa) shall be without change of-arrier. The effect of the conditions is toJeny U.S. carrieri the opportunity ofparticipating on an interline basis inL.S.-India traffic using these fares,which include the most widely usedrares in the market.

Typically, the United States:;overnment permits all carriers a greatJeal of latitude in establishing their own,ares and, for this reason, we are-eluctant to suspend the conditions the

"All members concurred.

Government of India has orderedenforced. Our action is necessarybecause of the Government of India'srecent refusal-as evidenced in an orderdated November 20, 1980, and reiteratedthrough diplomatic channels-to alloW aU.S. carrier to sell and participate inthese fares to and from India on thegrounds that it does not provide directservice between the United States andIndia. It therefore appears that theGovernment of India intends to bar U.S.carriers from participation in U.S.-Indialow-fare traffic by insisting that carrierswishing to match Air India's fares maydo so only on a direct or intraline basis.1However, the U.S. carer involved hassold these fares in the market for manyyears; its tariffs on file with us do notand, according to our records, have notcontained the restrictions which theGovernment of India would impose; andthe Board has not approved any suchrestrictions for the carer.

It is the opinion of the United StatesGovernment that no airline should bedenied participation in any bona fidefare if willing interline partners areavailable:Furthermore, thp UnitedStates Government believes that underthe U.S.-India Air Transport Agreement,changes in fares and conditions shouldnot be accomplished through unilateralaction by either party. The United StatesGovernment ha no objection to AirIndia's restricting interline and otherprivileges for its own traffic and ownsystem. However U.S. carriers cannot berequired to accept such conditions in theabsence of approval by the U.S.aeronautical authorities.

Under thb International AirTransportation Competition Act of 1979,the Board is directed to protect theability of U.S. carriers to compete ininternational markets on an equal basiswith foreign carriers. We tentativelyfind that the Government of India hasimposed unjustifiable, unreasonable,and discriminatory restrictions oncarrier access to the U.S.-India marketby unilaterally refusing to permit thecharging of faris and related conditionscontained in tariffs properly filed andpublished with the Board. Therefore, wefind it in the public interest toinvestigate and suspend the offendingconditions in Air India's proposed tariffas specified in Appendix 1.2 We pointout that this action will not'have anyimmediate impact on the operations of

'All U.S. carriers other than Pan American wouldbe barred from offering such fares since none offerssingle-carrier service to/from India. Europeancarriers, on the.other hand, would apparently beable to participate in this traffic provided they serveboth the United States and India, as many do.2 Appendices I and Ii filed as part of the originaldocument.

Air India. It is, rather, our intention totake the occasion of this filing tomanifest our deep concern over thesituation which has emerged, and to callfor a prompt resolution of the problem,Based on these findings, we would haveample powers both to remove thesuspended conditions from themarketplace entirely and to take otherreciprocal actions, if necessary, In-themeantime, we would emphasize that thepertinent TWA tariffs, set forth inAppendix II, permitting that carrier tointerline on these fares, remain In fullforce and effect.

Accordingly, pursuant to 49 U.S.C.1159b, 1302, 1324(a), 1373, 1401 and1482(j) (1) and (3):

1. We shall institute an investigationto determine whether the provisions setforth in the attached Appendix I, and therules and regulations or practicesaffecting such provisions, are or will beunjust or unreasonable, unjustlydiscriminatory, unduly preferential,unduly prejudicial or other~ise unlawfulor contrary to the public Interest; and ifwe find them to be unlawful or contraryto the public interest, to actappropriately to prevent the use of suchprovisions;

2. Pending hearing and decision by theBoard, we suspend and defer the use ofthe tariff provisions in the attachedAppendix I, from August 1, 1901, to andincluding July 31,1982, unless otherwiseordered by the Board, and shall permitno changes to be made therein duringthe period of suspension except by orderor special permission of the Board.

3. Air India is directed to show causewhy the tentative findings set forth inthis order shall not be finalized, on orbefore August 15, 1981.

4. We shall submit this order to thePresidents and, unless disapproved bythe President within ten days, it shallbecome effective August 1, 1981,; and

5. We shall file copies of this order inthe aforesaid tariff and serve them onAii India and the Ambassador of Indiain Washington, D.C.

We shall publish this order in theFederal Register. '-

By the Civil Aeronautics Board. 4

Phillis T. Kaylor,.Secretary. ,

JFR Doec. 81-23240 Filed 8-7.-al. 8:45 uml


3WO submitted this order to the President on July

24,1981.4All members concurred,

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Eederal, Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

COMMISSION ON CIVIL RIGHTS

Georgia Advisory Committee; Agendaand Open Meeting

Notice is hereby given, pursuant to theprovisions of the Rules and Regulationsof the U:S. Commission on Civil Rights,that a meeting of the Georgia AdvisoryCommittee to the Commission willconvene at 2:30 p.m. and will end at 6:00p.m., on August 28, 1981, at the MarriottHotel-Downtown, the GrantRoom,Courtland and International Boulevard,.Atlanta, Georgia 30303. The purpose ofthis meeting is to-plan for an AdvisoryCommittee factfinding meeting onBigotry and Violence.

Persons desiring additionalinformation or planning a presentationto the Committee, should contact theChairperson, Mr. Clayton Sinclair, Jr.;5095 Dublin Drive, N.W., Atlanta,Georgia, (404) 349-3861 or the SouthernRegional Office; Citizens Trust BankBuilding,Room 362; 75 PiedmontAvenue, N.E. 30303.

The meeting-will be conductedpursuant to the provisions of the Rulesand Regulations of the Commission.

Dated at.Washington, D.C.. August 4, 1981.John I. Binkdey,Advisory Committee Management Officer.,IFR Doec. 81-23208 Filed 8-7-81:8:45 aml

BILUNG CODE 6335-01.-M

Michigan Advisory Committee; Agendaand Open-Meeting

Notice is hereby given, pursuant to theprovisions'of the Rules and Regulationsof the U.S. Commission on Civil Rights,that a meeting of the Michigan AdvisoryCommittee to the Commission willconvene at 5:00 p.m. and-will end at 9:00

-p.m., on August 27,1981, at the HowardJohnson Hotel (Downtown); 231Michigan Avenue; Detroit, Michigan48226. The purpose of this meeting is toreview the Affirmative Action projectand -he Loan Equality and Educationprojects.

Persons desiring additionalinformation or planning a presentationto the Committee, should contact theChairperson, Ms. Jo Ann W. Terry; 18922Fairfield;-Detroit, Michigan 48221; (313)

-. 342-9386, or the-Midwestern RegionalOffice; 230 SouthDearborn Street, 32ndFloor, Chicago, Illinois 60604; (312) 353-7479.

The meeting will be conductedpursuant to the provisions of the Rulesand Regulations of the Commission.

Dated at Washinton, D.C., August 5. 1981.John L Binkley,Advisory Committee Management Officer.

-IFR Doc.81-23207 Filed 8-7-81: 8.45 mlBILtING CODE 6335-."

Washington Advisory Committee;,Agenda and Open Meeting

Notice is hereby given, pursuant to theprovisions of the Rules and Regulationsof the U.S. Commission on Civil Rights.that a-meeting of the WashingtonAdvisory Committee to the Commissionwill convene at 6:30 p.m. and will end at8:00 p.m., on September 2, 1981, at1theFederal Building; Room 2866, 915 SecondAvenue, Seattle, Washington 98174. Thepurpose of this meeting is to review thedraft report of the Alaska-Washingtonstudy of seafood processing.

Persons desiring additionalinformation or planning a presentationto the Committee, should contact theChairperson, Ms. Katherine M. Bullitt,1125 Harvard Avenue, Seattle,Washington 58102, (206) 325-6353, or theNorthwestern Regional Office, 915Second Avenue, Room 2852, Seattle,Washington 98174, (216) 442-1246.

The meeting will be conductedpursuant to the provisions of the Rulesand Regulations of the Commission.

Dated at Washington. D.C., August 4.1981.John 1. Binkley,Advisory ConrnmiteeManagenent Officer.tFR Doe. 81-2320 Filed 8-7-81: &45 amlBILNG CODE 6335-01-LI

DEPARTMENT OF COMMERCE

International Trade Administration

Consolidated Decision on Applicationsfor Duty-Free Entry of ElectronMicroScopes

The following is a consolidateddecision on applications for duty-freeentry of electron microscopes pursuantto Section 6(c) of the Educational.Sciehitific and Cultural MaterialsImportation Act of 1966) Public Law 89-651, 80 Stat. 897) and the regtlationsissued thereunder as amended (15 CFR301). (See especially Section 301.11(e).)

A copy of the record pertaining toeach of the applications in thisconsolidated decision is available forpublic review between 8:301A.M. and5:00 P.M. in Room 2119 of theDepartment of Commerce Building, 14thand Constitution Avenue, N.W.,Washington, D.C. 20230.

Docket No. 81-00128. Applicant:Upstate Medical Center, OtolaryngologyLabs, 766 Irving Avenue, Syracuse, NewYork 13210. Article: Electron

Microscope, Model JEM 100S andAccessories. Manufacturer. JEOL Ltd.Japan. Intended use of article: SeeNotice on page 20585 in the FederalRegister of April 6,1981. Article ordered:November 24, 1980.

Docket No. 81-00129. Applicant-Boston University Medical Center.Department of Anatomy, 80 EastConcord Street. Boston, MA02118.Article: Electron Microscope.Model JEM 100S and Accessories.Manufacturer. JEOL Ltd., Japan.Intended use of article: See Notice onpage 20585 m'the Federal Register ofApril 6, 19l81. Article ofdered: December1Z 1980.

Docket No. 81-00130. Applicant:University of Minnesota. The HormelInstitute, 801 16th Avenue, N..., Austin,Minnesota 55912. Article: ElectronMicroscope. Model JEM 100S with SheetFilm Camera. Manufacturer. JEOL Ltd.,Japan. Intended use of article: SeeNotice on page 20585 in the FederalRegister of April 6,1981. Applicationreceived by Commissioner of Customs:February 4,1981.

Docket No. 81-00131. Applicant:Washington University, PurchasingOffice, Lindell and SkunkerBlvds., St.Lows, Missouri 63130. Article: ElectronMicroscope, Model JEM-200CX andAccessories. Manufacturer. JEOL Ltd..Japan. Intended use of article: SeeNotice on page 22248 in the FederalRegister of April 16,1981. Articleordered. January 29, 1981.

Docket No. 81-00137. Applicant:-Michigan State University. Departmentof Anatomy, East Lansing. Michigan48824. Article: Electron Microscope,Model JEM 100CX with fccessories.Manufacturer. JEOL Ltd., Japan.Intended use of article: See Notice onpage 20581 in the Federal Register ofApril 6, 1981. Article ordered: January26, 1981.

Docket No. 81-00138. Applicant:Massachusetts General Hospital.Blossom Street Receiving, Boston. MA02114. Article: Electron Microscope,Model EM 109 and Accessories.Manufacturer. Carl Zeiss, WestGermany. Intended use of article: SeeNotice on page 20581 in the FederalRegister of April 6,1981. Article ordered:August 25, 1980.

Docket No. 81-00144. Applicant:Arizona State University. Tempe. AZ85281. Article: Electron Microscope,Model EM 400 and Accessories.Manifacturer. Philips ElectronicInstruments, the Netherlands. Intendeduse of article: See Notice on page 22249in the Federal Register of April 16.1981.Article ordered: December 30, 1980.

40549


Docket No. 81-00145. Applicant: CaseWestern Reserve University, 2220 CircleDrive, Cleveland, OH 44106. ArticlerElectron Microscope, ModelJEM 100S.Manufacturer JEOL Ltd., Japan.Intended use of article: See Notice onpage 22249 in the Federal Register ofApril 16, 1981. Article ordered:December 23, 1980.

Docket No. 81-00152. Applicant. TheJohns-Hopkins University, TraylorBuilding 720, Charles and 34th Streets,Baltimore, Maryland 21218. Article:Electron Microscope, Model H-600-3and Rotation Holder, Model H-500-IR.Manufacturer: Hitachi ScientificInstruments, Ltd.,,Japan. Intended use ofarticle: See Notice on page 22248 in theFederal Register of April 16,1981.Article ordered: January 29, 1981.

Docket No. 81-00155. Applicant: NewYork University Medical School,Department of Biochemistry, 550 FirstAvenue, New York, New York 10016.Article: Electron Microscope, Model EMlOCA and Accessories. Manufacturer:Carl Zeiss, West Germany. Intended useof article: See Notice on page 22630 inthe Federal Register of ApriF20, 1981.Application received by Commissionerof Customs: March 4, 1981. ,

Docket No. 81-00162. Applicant:Martin LutherKing Hospital/CharlesDrew Medical School, Department ofPathology, 12021 S. Wilmington Avenue.Los Angeles, California 90059. Article:Electron Microscope, Model H-600.Manufacturer: Hitachi ScientificInstruments, Japan. Intended use ofarticle: See Notice on page 23093 in theFederal Register of April 23, 1981.Application received by Commissionerof Customs: March 12, 1981.

Docket No. 81-00166. Applicant:Jewish Hospital, 17 E. Chestnut,Louisville, KY 40202. Article: ElectronMicroscope, Model EM 109 with .\Accessories. Manufacturer: Carl Zeiss,West Germany. Intended use of article:See Notice on page 24222 in the FederalRegister of April 30, 1981. Articleordered: December 21, 1979.

Docket No. 81-00169. Applicant:University of Southwestern Louisiana,P.O. Box 41008, Lafayette, LA 70504.Article: Electron Microscope, Model H-600-3. Manufacturer: Hitachi ScientificInstruments, Ltd., Japan. Intended-use ofarticle: See Notice on page 23094 in theFederal Register of April 23,1981.Article ordered: March 12, 1981.

Commenls: No comments have beenreceived with respect to any of theforegoing applications.

Decision: Applications approved. Noinstrument or apparatus of equivalentscientific value to the foreign articles,for such purposes as these articles areintended to be used, was bing

manufactured in the United States at thetime the articles were ordered.

Reasons: Each foreign, article to whichthe-foregoing applications related is aconventional transmission electronmicroscope (CTEM). The description ofthe intended research and/oreducational use of each articleestablishes the fact that a comparableCTEM is pertinent to the purposes forwhich each is intended to be used. Weknow of no CTEM which was beingmanufactured in the United States eitherat the time of order of each articledescribed above or at the time of receiptof application by the U.S. CustomsService.

The Department of Commerce knowsof no other instrument or apparatus ofequivalent scientific value to any of theforeign articles to which the foregoingapplications relate, for such purposes asthese articles are intended to be used,which was being-manufactured in theUnited States either at the time of orderor at the time of receipt of applicationby the U.S. Customs Service.(Catalog of Federal Domestic AssistanceProgram No. 11.105, Importation of Duty-FreeEducational and ScientificMaterials)Frank W. Creel,Acting Director, Statutory Import ProgramsStaff.[FR Do. 81-23244 Filec 8-7-81; :45 amlBILLING CODE 3510-25-M

Tapered Roller Bearings and CertainComponents Thereof From Japan;Clarification of Scope of AntidumpingFindingAGENCY: International TradeAdministrati6h, Commerce.ACTION: Notice of clarification of scopeof antidumping finding.

SUMMARY: The Department ofCommerce is clarifying the scope of theantidumping finding on tapered rollerbearings and certain componentsthereof from Japan. Clarification isnecessary due to continued confusion asto the sizes and degree of completion oftapered roller bearings covered by thisfinding.EFFECTIVE DATE: August 10, 1981. N

FOR FURTHER INFORMATION CONTACT:J. Linnea Bucher or David R. Chapman,Office of Compliance, InternationalTrade Administration, Department ofCommerce, Washington, D.C. 20230(202-377-2704].SUPPLEMENTARY INFORMATION:

Procedural BackgroundOn August 18, 1976, the Treasury

Department published in the FederalRegister (41 FR 34974-5) an antidumping

finding with respect to tapered rollerbearings and certain componentsthereof from Japan. That finding (T.D.76-227) covered "tapered rollerbearings, including inner race or coneassemblies and outer races or cups,exported to and sold in the UnitedStates, either as a unit or separately,from Japan".

Clarifications

Two clarifications are necessarybecause of the continued confusioncaused by the inadequate descriptioncurrently provided in the definition oftapered roller bearings subject to T.D.76-227

The first clarification deals with thesize of tapered roller bearings coveredby this finding. The original antidunpingpetition identified 15 specific taperedroller bearings by part numbers. The listincluded no bearings over 4 inches indiameter. The scope of the investigationby the Treasury Department andInternational Trade Commission ("ITC")was not limited to the part numberslisted by the petitioner, but was limitedto bearings 4 inches or less in outsidediameter, In its "Determination ofLikelihood of Injury" (40 FR 233-34,January 29, 1975) the ITC summarizedthe scope of the investigation as follows:

These LTFV bearings, as well as the greatbulk of imports from Japan, are 4 inches orless in outside diameter and constitute animportant sales market for domesticallyproduced tapered roller bearings.

The Treasury Department determined thatfour cups and four cone assemblies (withoutside diameters of 4 inches or less) for usein tapered roller bearings, whether soldseparately or as a unit, are being, or arelikely to be, sold at less than fair value.

Nothing in the record indicates thatTreasury or the ITC investigated orconsidered investigating any bearingsover 4 inches in outside diameter.Therefore the Department is Includingthe term "4 inches or less in outsidediameter" in the definition of taperedroller bearings to describe moreaccurately the scope of the investigationand the administrative determination,

As a result, for purposes of the August18, 1976 antidumping finding, theDepartment of Commerce definestapered roller bearings and certaincomponents thereof as "tapered rollerbearings, 4 inches or less in outsidediameter when assembled,'Includinginner race or cone assemblies and outerraces or cups, exported to and sold inthe United States either as a unit orseparately."

The second clarification deals withthe degree of completion of importedtapered roller bearings, Neither the

40550

Federal Register / Vol. 46, No. 153 / Monday, August* 10, 1981 / Notices

petitionnor the fair value anvestigationwas Birected.at transactions involvingpartially manufactured merchandise. Acomplete laperedroller bearing consistsof a cone-or Inner Tace cage {rollerretamer), and rollerin one assembledunit, andiie cup or outer race. whhistheouter ring on whiich the rollers iurr.The cup and cone are designed for useas a unit, but are often-sold separately.

The unfinished tapered rollerbearingsat issue here are cups. cones, andretainers that have been forged andrough machined;That is. turned on alathe only.Theymust be furthermanufactured before they canbe sold,for use as lapered rollerbearings.

We understand hat The finishedmanufacturing, assembly inspection,and packing zosts incurred in.the United.States on flieseunfinished componentsof tapered roller bearings accountforapproximately 40.percent of the value ofthe fimshedinner race-assemblies andouter xaces. When indirect costs such asinterest andgeneral and administrativeexpenses are included.-the value addedin e U:S. exceeds 50 percent. Thisextensive transformation ismanufacturing xather than the mere.assembly or final stage processing of anessentially fimshedarticle.

'There are majoridifferences -mphysical characteristics, manner of sale,andause (orlackiofit) betweenfinishedand certam unfimshed tapered rollerbearings. The unfinished merchandise isnot sold.to the same -class of purchaseras completed.laperedroller bearings.and it is incapable of functioning.asataperedxoller-bearng or componentthereoL Therfore, the unfinished•components.of tapered roller bearingsdescribed above are not he same.class.or Mnd of merchandise as lapered rollerbearings and the Department does.notinclude them in the finding of dumping.

Gary N.Horlici,DeputyAssYstantSecrelaryfor ImportAdn-iistratdor.August4, 1981..[FR Doc.Z1-S-2Fed -7-- 8:45-am]

BILUNG CODE 3510-25,-M1

Maritime Adrniiristration

[Docket No.S-696]

Lykes Bros. Steamship Co, Inc.;Application

Notice-is herebygiven that LykesBros..Steamthip Co., In. -hasfiled anapplication dated June 23, -1981. toamend its present Operating-Differential-Subsidy Agreement Contract MA/MSB-451,'so as to add-theprivilege of

providing service between the US.Gulfand Panama on its subsidized TradeRoute 22, ne D-Orient Line service.Lykes is currently authorized to servePanama 6n up to.36 sailings annually onits Line F. West Coast South Americaservice [Trade Route No. 31], and hasrequested that the maximum of 36 serveas a combined maximum for U.S. Gulf/Panama service by vessels operating oneither Line D of lane.F.

The Line D -as described in-Lykes'operating subsidy contract provides forservice between UnitedStates Gulf ofMexico ports andports in the Far Eastand SoutheastAsia.

Lykes' Line F service is between U.S.Gulf ports and ports on the west coast ofSouth America. on up toa maximum of36 sailings per annum. Included in Lane Fis the privilege of serving ports on TheAtlantic coast of the Republic ofPanama and ports in the formerPanama.Canal Zone. This privilegeis theauthority 'vluch Lykes desires totransfer to Line D. with no increase in-the total mumber of calls at Panama byvessels operating on eitherlaneD orLine F.

Interested-parlies may inspect thisapplication inuthe'Office ofttheSecretary. Maritime Subsidy Board.Room 2099-B.'Departmentof CommerceBuilding. 14th and E:Streets NW,¥Washington. D.C. 20230.

Any 'person. :firm or corporationhaving any interest in such applicationand desiring to offerViews andcomments 'thereon for consideration bythe Maritime .SubsidyfBoard shouldsubmit them in writing, in triplicate, 'tothe'Secretary,lMaritime Subsidy Board.Washington, D.C. 20230 by the close ofbusiness on August 21,1981.

The Maritime-SubsidyBoard willconsider.hese views and comments and-lake such action with respect thereto asmay be deemed appropriate.(Calalog of Federal Domestic AssistanceProgram No. 11.504 Operating-DifferentialSubsidy (ODS))

By Orderof the Maritime Subsidy Board.Daled: July 31.1981.

Georgia Fouraras Stamas,AssistantSecrctoa.IFR Ool--i481fle-41.ft 45 am]

BILUNG CODE 35D-15-i-

National Oceanic and AtmosphericAdministration

North Carolina Coastal ManagementProgram; Record-of Decision

Notice is herebygiven that-the Officeof -Coastal ZoneManagement'[OCZM)has approved Amendment Number Oneto the North Carolina Coastal

Management Program (NCCMP.Theamendment incorporates threeplanngprocesses as partof the NCCMP whichare required by Section305(b)(7J. (8],and (9) of the Coastal Zone ManagementAct of 1972. as amended (CZMA]. Thesethree planning processes arefor

(1) Energy Facility Siting:(2) Shorefront Access andProtection:

and(3) Shoreline Erosion and MitigationOn April 6,1979, at 44 FR20780,

OCZM published notice of thepreparation and availability of the DraftEnvironmental Impact Statement (DEIS]concerning the proposed amendment tothe NCCMP Copies of the DEIS-werealso sent to interested Federal and Stateagencies, and otherinterested parties,and comments were invited. On April12 1979, at 44 ER 21841. OCZMgavenotice of the publiclhearing held toreceive comments on the DEIS on May8, 1979. in Raleigh, North Carolina. OnApril 18, 1980, at 45 FR26457 OCZMpublished notice of the issuance of theFinal Environmentallimpact Statement(EIS) on the proposed amendment tothe NCCMP. The FFS included asummary of all comments received onthe DEIS, OCZM's responses, andappropriate changes which were madeto the DEIS dfter consideration of thecommeits. The DEIS and FEIS reflectedOCZM's intent to approve theamendment based upon adeterminationthat the amendment satisfied therequrements of the CZMA. However.subsequent topublishing notice of theFEIS, OCZM neglected to prepare a setof findings and record of decision, andto give notice of theAssistantAdmirstratoer's approval of theamendment:to the.NCCMP.To remedythis oversight, onJuly 30,1981, theActing AssistantAdministrator for'Coastal Zone Management formallyapproved the amendment to theNCCMPby signing he Findings and the Recordof Decision which documents themahner m which the ameindment meets•the requrements of the CZM-and itsimplementing regulations as well as thhrequirements ofthe NationalEnvironmental Policy Act and --regulations of the Council onEnvironmental Quality, -and describesthe process by which the amendmenthas been approved. The Findingsacknowledge the single commentreceived on the FEIS. Approval of theamendment requires that Federalagencies must conduct theiractionsrelated -ot the amendmentin accordancewith the provisions ofSection;207-ofCZMA. Interestedpersons may obtaincopies -of the Acting AssistantAdministrater's Findings by contacting:

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John Phillips, South Atlantic RegionalManagers, Office of Coastal ZoneManagement, Page Building #1, 3300:Whitehaven Street, N.W., Washington,D.C. 20235, (202) 254-7494.

Dated: August 4, 1981.James Murley,Acting Director, Coastal Programs Office,Office of Coastal Zone Management.

Record of Decision; AmendmentNumber One to the North CarolinaCoastal Management Program

I Introduction and Summary ofDecision

The Assistant Administrator forCoastal Zone Management, NationalOceanic and AtmosphericAdministration (NOAA), approved theNorth Carolina Coastal ManagementProgran( (NCCMP) on September 1, 1978.The 1976 amendments to the CoastalZone Management Act of 1972 (CZMA)required that State coastal zonemanagement programs approved underthe CZMA must include three planningelements concerning the following:

(1) Shorefront Access and Protection:"A definition of the term 'beach' and a

planning process for. the protection of,and access to, public beaches and other,public coastal areas 6f environmental,recreational, historical, esthetic,ecological, or cultural value" (Section,305(b)(7)).

(2) Energy Facility Siting:"A planning process for energy

facilities likely to be located in, or whichmay significantly affect, the coastalzone, including, but not limited to, aprocess for anticipating and managingthe impacts from such facilities"(Section 305(b)(8)).,

(3) Shoreline Erosion and Mitigation:"A planning processe for (A) assessing

the effects of shoreline erosion (howevercaused), and (B)studying and evaluatingways to control, or lessen the impact of,such erosion, and to restore areasadversely affected by such erosion",(Section 305(b)(9)).

The 1976 amendments prescribed thatno State mangement program-wasrequired to provide for these planningprocesses before October 1, 1978.

In compliance with the CZMA andNOAA regulations at 15 CFR Part 923Subpart I, (Amendments to * * *Approved Programs) the North CarolinaOffice of'Coastal Management(NCOCM) submitted-a request to theAssistant Administrator to amend itsapproved program to incorporate thethree planning processes describedabove. The Office of Coastal ZoneManagement (OCZM) published noticeof the Draft Environmental ImpactStatement (DEIS) concerning the

proposed amendment on April 6, 1979, at44 FR 20780, and following the publichearing on the DEIS held in Raleigh,North Carolina, on May 8,1979, issuedits Final Environmental ImpactStatement (FEIS] on April 18, 1980, at 45FR 26457 Both the DEIS and the FEISreflected OCZM's intent to approve theamendment based upon a determinationthat the amendment satisfied therequirements of the CZMA.Subsequently, however, OCZMneglected to make findings, and preparea record of decision, and to publishnotice of the Assistant Administrator'sapproval of the amendment to theNCCMP as required by the CZMA, itsimplementing regulations, and theregulations of the Council onEnvironmental Quality (CEQ).According to CEQ regulations at 40 CFR1506.10(b)(2), the earliest date on whichthe Assistant Administrator could haveapproved the amendment to the NCCMPwas thirty days after publishing noticeof the filing of the FEIS with theEnvironmental Protection Agency. Sincethat date, both OCZM and the NCOCMhave treated the amendment asapproved. Further, OCZM has approvedand funded since September, 1980,NCOCM activities implementing thethree planning elements. These Findingsand the Record of Decision issued todaysatisfy the formal requirements ofamendment approval described above.

After a review of the amendmentrequest submitted by the NCOCM, theenvironmental documents prepared inconnection with the request and thecomments received on the Statesubmission, the DEIS and FEIS, I findthat the amendment meets allrequirements of the CZMA, NOAAregulations, the National EnvironmentalPolicy, Act (NEPA), and the regulationsof the Council on Environmental Quality(CEQ}. Therefore the amendment is,approved. The results of my review aresummarized below.

I FindingsSection 306(g) of the CZMA permits

coastal States to amend approvedcoastal management programs pursuantto the procedures describes in Section306(c). The findings required by theCZMA and NOAA regulations'beforethe Assistant Administrator mayapprove the amendment proposed bythe NCCMP may be found at 15 CFRPart 923, and are described below.Because it was decided that an EIS wasnecessary in order to approve theamendment to the NCCMP, a record ofdecision must be prepared, pursuant toCEQ regulations at 40 CFR 1505.2, at thetime the decision to approve theamendment is made. The record of

decision concerning the amendment Ishereby integrated into this approvaldocument.

A. Shorefront Access and Protection(Section 305(b)(7) of the CZMA).

(1) The planning process includes aprocedure for assessing public arearequiring access or protection (15 CFR923.24(c)(1)).

The Shorefront Access Inventoryprepared by the NCOCM in 1977established the availability of beachaccess, identified areas experiencingaccess problems at that time, andpredicted areas likely to experienceaccess problems in the short term.Continuing assessment of public areas isa responsbility of the NCOCM, which Itcarnes out in a manner consistent withthe policies and priorities established Inthe North Carolina State ComprehensiveOutdoor Recreation Plan (SCORP) andthe Water Resources Framework Study,and-other policies contained in theNCCMP, such as the approved policiesdealing with the designation of Areas ofEnvironmental Concern (AEC's). Thisplanning process is described in detailin Part I (A) of the FEIS, p. 13.

(2) The plann'ng process includes adefinition of the term "beach" and anidentification of public areas meetingthat definition (15 CFR 923.24(c)(2)).

The term "beach" is defined in theAEC policy guidelines found at Title 15of the North Carolina AdministrativeCode (NCAC), Section 7M,0302, as"areas extending from tho mean low tothe mean high water line and beyondthis line to where either the growth ofvegetation occurs, or a distinct changein slope or elevation occurs, or riparianowners have specifically and legallyrestricted access above the m6an highwater line." Thus, broadly speaking, allthe wet sands areas in North Carolinaare State-owned beaches, and suchareas are identified in the ShorefrontAccess Inventory prepared by theNCOCM, and in local land use plansprepared by local governments Inaccordance with provisions of theNCCMP The definition of the term"beach" and the identification of areasmeeting this definition may be found inPart II (A) of the FEIS, p. 18.

(3) The planning process articulatesenforceable State policies, legalauthorities, funding programs, and othertechniques pertaining to shorefentaccess and'protection (15 CFR923.24(c)(3)).

Enforceable State policies and legalauthorities upon which the planningprocess for shorefront access andprotection is based include theprotection policies contained in the AECregulatory guidelines (Subchapter 7H of

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Titlei5 of-th NCACJ and the accesspolicies contained in he North CarolinaSCORP and WaterResourcesFramework Study. The policiescontainedin these two documents mayultimately-be enforced through exerciseof the State's power of.eminent domain.The AEC guidelines are enforced bymeans of the xegulatory authoritygranted to the NCOCMby the.StateCoastal ArealvanagementAct (CAMA).In addition.-the Coastal ResourcesCommission (CRC) wuch, under CAMA,is the governing body of theNCOCM,has developed a setof policiespertaining to shorefront-access andprotection wiichincludes-policystatements concerning fundingtechniquesiand priorities. These policiesmay:be ;enforced.through the Governor'sExecutive Order as part of the NCCMPThese policies are discussed in Part 11(A) of the EIS, pp. 18-19.

B. Energy Facility Siting [Sectiona05[b)(8) of Ihe CZMA).

.(1) The planning process identifiesenergyfacilitie -which are likely tolocate in, -or-which may-significantly,affect the State's coastalzone 115 CFR923'13(b)[1)).

The NCOCMas identified seventypes of-facilities or-activities whfichhave been or may belocatedin, orsignificantly affect, the State's coastalzone:'[l) il terminals;'[2) tank faims;'(3)oil refineries;_14] deep water ports; (5)electic generating facilities; -16) DCSexploration and -levelopment; nd andpeat minig. See Part IU.B) of ,the FEIS,pp; 53-55.'he NCOCM xelies primarilyupon the State Utilities Commission to-determine Ihe.need to locate electricgeneratingfacilitiesand transmissionlines m or affecting the coastal-zone.The identification.of other:energyfacilities is made by the StateDepartment of Commerce.

.f2) Theplanning process includesprocedures for assessing .thesuitabilityof sites for such areas (15 CFR923.13(b](21).

North Carolina relies upon.severaltechniques to assess the-suitability -of,sites to support energy facilities. Formajor federal actions, environmentalreview of impacts [includingconsideration of alternative-sites) isaccomplihed in compliance mvith theNEPA and CEQ regulations as well asNorth Carolina's Environmental TmpactAssessment TEIA) process-establishedby State statute. In addition, thefeasibility of- specific-site locationisfurther considered during the-permit-issuance process.ro aid in makingsiting decisions, local land u e planningagencies are-directed to designate areassuitable for-industrial development. Siteassessment procedures are described in

detail in Part II (B) of the FES,jpp. 67-78.

(3) The planning process articulatesState policies and authorities formanaging .energy facilities and theirimpacts, including policies regardingconditions that may be imposed on sitelocation and facility development (15CFR923.13[b)(3).

The CRC has adopted general coastalenergy policies which requirethat thesiting of major energy facilities in NorthCarolina's coastal area be accomplishedm a manner "that allows -forprotectionof the environment and local andregional-socio-economic goals." Theplacementand operation of-suchfacilities must be consistent with"established State standards andregulations and shall comply with localland use plans and with guidelines forland uses in areas on environmentalconcern" (Part 1I (B) (3) of the FEIS).Further, the CRC has developed specificpolicies related to ihe siting of electricalgenerating facilities, petroleumrefineries, OCS facilities, and miningoperations. State authorities supporting-these policies include the State PublicUtilities Act; Land Policy Act; Oil'Pollution Control Act; Oil and GasConservation Act; Mining Act; WaterUse Act; and CAMA.1n addition, theState, through its permitaissuingagenciessuchas the.Department of,Natural Resources and CommunityDevelopment {DNRCD), retainssufficient authority toimpose zonditionson the siting and development of energyfacilities. Such permits include dredgeand fill permits, air quality permits,sediment and erosion control permits,and major CAMA development permitsissued by the-CRC. Details of thesecoastalenergy policies and related Statepermits required for siting-anddeveloping energy, facilities in NorthCarolina's coastallarea are found in PartH(B) (3) of he EIS, -pp. 79-99.

!(4) The planning process identifieshow interested and affected public andprivate parties maybeinvolved in theplanninrg process and discusses lhemeans for continuedconsideration ofthe national interest, in he planningand siting of energy facilities that arenecessary to meet more than-localrequirements (15 CFR 92313(b)(4)).

Participation by public and privateparties in the energy facility siting,planning process is provided throughNorth Carolina's environmental reviewprocedures established by State law(G.S. 143B-437), and where.majorFederal action is involved, through theenvironmental review proceduresrequired by NEPA and CEQegulations.Further, opportunities for public andprivate involvement in this planning

process exist at various stages in theissuance of the State and Federalpermits necessary to energy facility siteselection and development discussedabove. The national interest in energyfacility siting and developmentim NorthCarolina's coastal area is assured ofconsideration primarily through CRC'sauthority under CAMA (G.S. 113A-113(b)(7)) to designate a.AEC's areaswhich are or may be affected by energyfacilities. Such "key facilities" may berecognized as in the national interest,and regulated by the CRC rather than bylocal governments.The State UtilitiesCommission has the right of eminentdomain, and the State may alwaysexercise its powers of condemnation.See PartI (B) of the FEIS, p. 88, for-discussion of the means by which NorthCarolina provides for consideration ofthe national interest in energy facilitysiting and development.

C. Shorelne Fxosion and Migatdon(Section 305(b)(9) of the CZMA). (1) Theplanning process includes a methad forassessing the effects of shorelieerosion, and a methodfor evaluatingtechruquesfornitigating, controlling orrestoring areas ofparticular concern (15CFR 923.25(c)(]).

TheNCOCMhas made use ofnumerous pullic and private. Federaland State-studies conducted overmanyyears to assess the effects of-shorelineerosion. Much of this data has beencollected and incorporated into the StateWaterPlan. Estuarine shorelines havealso been studied to assess the effects oferosion.,Further investigations havebeen conducted by the Stite Sea GrantProgram. NCOCM and other Stateagencies.These as-well as other studiesare described in Part II (C] pp. 98-113 oftheFEIS.

North Carolina-elies -mainly-uponland use managementand othernonstructural controls to manageshoreline erosion andits effects.Through 'its authority to designateAEC's. the CRC has developedregulations governing the use anddevelopment of shoreline areas prone toerosiom beaches, dunes, inlet lands, andestuarine shorelines. The AEC-designation process permits the CRCand the NCOCM continually to evaluatethe techniques devised for controllingand restoring eroded areas, and torevise such techniques as necessary.These techniques are discussed in Part11 (C] of the FEIS, pp. 114-132.

(2) The planning process-articulatesState policies, legal authorities, fundingtechniques and other techniquespertainng to erosion, including policiesregarding preferencesfornon-structural,

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Federal Register / Vol. 46, NO"! 153 / Monday, August 10, 1981 / Notices

structural, and/or no controls (15 CFR923.25(c)(2]).

General shoreline erosion policies are,stated at pp. 127-132 of theFEIS. Legalauthorities necessary to implement the-State's shoreline erosion policies areidentified and discussed at p. 133.

,Various State agencies and their roles inshoreline erosion management aredescribed at pp. 134-35, and fundingtechniques are outlined at pp. 135-36.North Carolina has indicated itspreference to use non-structuralmeasures to control shorelipe erosion(Part II (C) of the FEIS, p. 127).II. Alternatives Considered in the FEIS

The amendment proposed by theNCOCM to its approved coastalmanagement program is required byCZMA. The alternatives identified in theFEIS which are available forconsideration by OCZM are: (1) Todelay or deny approval of thisamendient to the NCCMP if the policiesare not sufficient to meet therequirements of-the CZMA, as amended(Section 305(b)(7), (8), and (9)); or (2) Todelay or deny approval of a particularplanning element based upon potentialdeficiencies idbntified for that element.

The discussion of these alternatives inthe FEIS is incorporated by reference inthis record of decision. Neither one ofthe alternatives listed above wasdeemed preferable to the proposedaction, approval of the amendment tothe NCCMP

The factors which were balanced inthe decision-making process concernedthe adequacy of the three planningprocesses proposed by NCOCM tosatisfy the requirement of the CZMA, asamended, that all approved coastalmanagement programs include suchplanning processes. The FEIS preparedby the OCZM on the proposedamendment to the NCCMP found thatthe CRC has developed and adoptedspecific policies on energy facility siting,shoreline erosion control and mitigation,and shorefront access and protection.The only potential deficiency identifiedthrough OCZM's environfiental reviewof the proposed amendment concernedthe planning process for energy facilitysiting. However, OCZM concluded that

-the use of Federal consistencydeterminations following approval of theNCCMP, and the implementation of theCAMA permitting provisions sinceprogram approval has demonstratedthat the planning process for energyfacility siting is adequate.IV, Comments Received on FEIS

One important-comment was receivedon the FEIS prepared on the amendmentto the NCCMP from the Federal Energy

Regulatory Commission- (FERC},acknowledging the favorable treatmentof.FERC's earlier comments on the DEIS.All-comments received on the DEIS andresponses by OCZM are published inthe FEIS.

V Decision

Having made the findings set forthabove, and having concluded thattherequirements of the CZMA and itsimplementing regulations as well as therequirements of NEPA and the CEQregulations have been met, I approvethis amendment effective July 30, 1981.

(Federal Domestic Assistance Catalog No.11.419, Coastal Zonk Management ProgramAdministration)

William Matuszeski,Acting AssistantAdmmnstrator for CoastalZone Managment

[FR Doc. 81-23151 Filed 8-7-81; 845 am]


National Technical Information Service

Government-Owned Inventions;Availability for Licensing

The inventions listed below areowned by the U.S. Government and areavailable for domestic and, possibly,foreign licensing.

Copies of patents cited are availablefrom the Commissioner of Patents &Trademarks, Washington, D.C. 20231, for$.50 each. Requests for copies of patentsmust include the patent number.

Copies of patent applications cited areavailable from the National TechnicalInforndtion-Service (NTIS), Springfield,Virginia 22161 for $5.00 each ($10.00outside'North American Continent).Requests for copies of patentapplications must include the PAT-APPLnumber. Claims are deleted from patentapplicationr'copies sold to avoidpremature disclosure. Claims and othertechnical data will usually be madeavailable to serious prospective:licensees upon execution of a non-disclosure agreement.

Requests for information on thelicensing of particular inventions shouldbe directed to: Office of GovernmentInventions and Patents, U.S. Departmentof Commerce, P.O. Box 1423, Springfield,Virginia 22151.

Douglas J. Campion,Program Coordinator, Office of CovernmentInventions and Patents, National TechnicalInformation Service, U.S. Department ofCommerce.

Chief, Intellectual Prop. Division, OTJAG,Department of the Army, Room 2D 444,Pentagon, Washington, D.C. 20310 '

Patent Application 6,189,399: FreqtilencySelectable Q-Switched Laser, filed Sept. 22,1980.

Patent Application 6,193,225: Cover fildDown Mechanism; filed Oct. 2,1980.

Patent Application 0,194,730: HelerodyneIndicial Refractometer filed Oct. 7, 1980.

Patent Application 6,196,409: A Dual ChannelCorrelator for an FM CW Ranging Radar:filed Oct. 14, 1980

Patent Application 6,200,297' Trailer FrameBeam; filed Oct 4,1980.

Patent Application 6,200,832: System andMethod for Testing the Reaction of RaroEarth Ions: filed Oct. 28, 1980.

Patent Application 6,202,261: Thin Film Plane.Polarized Intensity Pickoff: filed Oct, 30,1980.

Patent Application 6,210,068: Heat ExchangerBase for a Portable Laser System, filedNov. 24, 1980.

Patent Application 6,216,416: IntergratlngAngular Accelerometer; filed Dec, 15, 1080,

Patent Application 6,217,349: ElectrostatloSafe Electric Match; filed Dec. 17, 1980,

Patent Application 6,217,881: Fluidic-Controlled Oxygen Intermittent DemandFlow Device; filed Dec. 18, 1980.

Patent Application 6,219,455: DopplerDiscrimination of Aircraft Targets: filedDec. 22, 1980.

Patent Application 6,220,485: ImpedanceTapered Dematron; filed Dec. 29, 1980,

Patent Applicaflon 6,221,953: AnodeMounting for Window Typo Gelger-Mueller Tube: filed Dec. 31, 1980,

Patent Application 6,241,785: Band InteraelingTunnel Heterojunction: filed Mar. 9, 1981.

U.S. Department of the Air Force, AF/JACP,1900 Half Street SW., Washington, D.C, 203Z4

Patent Application 6,219,397: Vacuum BlatAdapter for Bombs; filed Dec. 22, 1080.

Patent Application 6,222,845: CorrosionMonitoring System; filed Jan, 0, 1981,

Patent 4,255,478: CompositeStructures: filedMar. 14,1979, patented Mar. 10, 1981: notavailable NTIS.

Patent 4,258,578: Floated, Internally.Gimballed Platform Assembly; filed June 0,1978; patented Mar. 31, 1981: not availableNTIS.

U.S. Department of Agricultuxo, ProgramAgreements and Patent Branch,Administrative Service Division, FederalBuilding, Science and Education, Hyattsvlle,Md. 20782

Patent 4,259,362: Process for ImprovingBaking Properties of Unbledched Flour-filed Jan. 19,1979; patented Mar. 31, 1981:not available NTIS.

Patent 4,259,834: Synchronized Flail forTreatment of Forestry Residues: filed July26, 1979; patented Apr. 7, 1981; notavailable NTIS.

I40554


U.SlDepartment of Health and HumanServi6es, National Institutes of Health, Chief,Patent Branch, Westwood Building, Bethesda,Md. 20205.Patent 4,247,646: Laboratory Apparatus for

Cloning Mammalian Cells; filed Sept 12,1978; patented Jan. 27, 1981; not availableNTIS.

Patent 4,255,386: Method and Apparatus forDestroying Orgamc Matter to FacilitateTrace Inorganic Element Analysis; filedNov. 30.1978; patented Mar. 10,1981; notavailable NTIS.

U.S. Department of the Navy, Director, NavyPatent Program/Patent Counsel for the Navy,Office of Naval Research, Code 302,Arlington, Va. 22217

Patent Application 6171,567: ContrahelicallyLaid Torque Balanced Benthic Cable; filedJuly 23, 1980.

Patent Application 6,231,718: ConstrainedStore Ejector;, filed Feb. 5,1981.

[FR Doc. 81-23173 Filed 8-7-81: 8:45 am]BILLNG CODE 3510-04-i

Office of the Secretary

National Voluntary LaboratoryAccreditation Program; Report ofAccreditation Actions for July 1981

AGENCY: Assistant Secretary ofCommerce for Productivity, Technologyand Innovation.ACTION: Announcement of accreditationaction.

SUMMARY: The Department ofCommerce announces the granting ofaccreditation to the laboratory namedherein which was found competent toperform specific tests on freshlymxedfield concrete under the NationalVoluntary Laboratory AccreditationProgram-(NVLAP). This laboratory isaccredited only for the specific testsidentified in this notice. No otheraccreditation actions were taken during.this period.

Term.

This accreditation was granted for aterm begining on July 7,1981, and isvalid for one year, except that it may be-revoked before the expiration date dueto violation of the criteria or otherconditions of the laboratory's'accreditation, or otherwise terminatedat the request of the laboratory.FOR FURTHER INFORMATION CONTACT.Mr. John W. Lockei NVLAP Coordinator,Room 3876, U.S. Department ofCommerce, Washington, D.C. 20230,(202) 377-2054.SUPPLEMENTARY INFORMATION: Thegeneral and specific criteria used mmaking accreditation decisions werepublished on January 23,1980 (45 FR5572-5600).

Accreditation Action of July 7,1981The laboratory and the test methods

for which accreditation was granted are:Pittsburgh Testing Laboratory, Attn..Martin C. Falk, 850 Poplar Street,Pittsburgh, PA 15220, Phone: (412) 922-4000.

TestNVLAP moilod Short t1t(o= )$.iuo (d

code dosg&a ~ cbe

02MDI..AST1. W4" and Cug.Cncre.o TestC31. Speoa in fte Fiedd

02M03- ASTM Sarnp&ig Fresh CncretC172.

021P01-... A~tM slum~ of Pord"n Cerrert COncrete

0MIMI-.,.0. ASTM UM VWigt. YWed and Ak ConeatCISS. (Gavirmtoc) of Cce.

02/A0.. ASTM Ak Content of Frei co 8ked Con.C231. croto by tho Pre M4ethecd.

02/Sal.._. ASTM Cornpressheo Streogth of C&MtcaC39. Concroto Spoc'nsc.

02/A02__ ASTM Ak Content of Frm.'y IKteed Con.C173. cmot by the Veme4 Meh od.

Accredited LaboratoriesNinety-five laboratories are currently

accredited under NVLAP. NVLAPaccreditation shall in no way relieve thelaboratories from the neccessity ofobserving and being m compliance withany existing Federal, State, and localstatutes, ordinances, and regulationsthat may be applicable to the operationsof the laboratory, including consumerprotection and antitrust laws. For a listof NVLAP accredited laboratories,contact the NVLAP Coordinator at theNVLAP address.

Dated. August 4,1981.Robert B. Ellen,Acting Assistant Secretary forProductiviy,Technology, and Innovation.[FR Doe. 81-sir Flied 8-7-Wi: &45 =1jBILLNG CODE 3510-1341

DEPARTMENT OF DEFENSE

Army Corps of Engineers; Departmentof the Army 2

Pebble Creek and the Elkhorn River atScrlbner, Nebr.; Intent To Prepare aDraft Environmental Statement (DES)for a Proposed Flood Control ProjectAGENCY: U.S. Army Corps of Engineers,Omaha District.ACTION: Notice of intent to prepare aDES.

SUMMARY: 1. The proposed Federalaction is to provide flood control forScribner, Nebraska, near the ElkhornRiver and Pebble Creek.

2. Reasonable structural alternativesfor Scribner flood control are a tie-backlevee for Pebble Creek protection,partial ring levees for Pebble Creek and

some Elkhorn protection, and a ringlevee for Pebble Creek and Elkhornprotection. Any of these could entaileither hillside borrow or deep borrow. Areasonable nonstructural alternative is acombination of flood warning, floodfights, or temporary evacuation, floodinsurance, floodproormg, and zoning.

3. To date, public involvement hasincluded meetings and discussions withpublic entities, local planning agencies,and concerned citizens. A publicmeeting will be held in the fall of 1982.No significant issues have yet beenidentified. The project will also complywith the requirements of the HistoricPreservation Act, the EndangeredSpecies Act, the Fish and WildlifeCoordination Act, Section 404 of the1977 Clean Water Act. Executive Order11988 on flood plains, and ExecutiveOrder 11990 on wetlands.

4. A scopmg meeting for the DES willbe held on Wednesday, 26 August 1981,at 10:00 a.m. (CDT) in City Hall atScribner. The participation of the publicand all interested Government agenciesis invited.

5. The Omaha District estimates thatthe DES will be released for publicreview in May 1982.ADDRESS. Questions about the proposedaction, DES, or scoping meeting shouldbe directed to Richard Gorton; Chief,Environmental Analysis Branch, OmahaDistrict, CE, 6014 U.S. Post Office andCourthouse; Omaha, Nebraska 68102.Phone: (402) 221-4605.

Datecd July 31.1981.H. N. Thelen,Acting Cluef PlannmgDivistan.[FR De= i-MCO Filed 8-7-ft &45 amlBI,,N CODE 3710o6- -

Defense Logistics Agency

Privacy Act of 1974; Amendment of aSystem Notice

AGENCY: Defense Logistics Agency,DOD.

ACTION: Amendment of a system notice.

SUMMARY: The Defense LogisticsAgency proposes to amend the systemnotice for system S322.IODLA-LZentitled: "Defense Manpower DataCenter Data Base". The proposedamendment as well as the system noticeas amended are set forth below.

DATES: This amendment shall beeffective without further notice onSeptember 9,1981, unless comments arereceived which result in a contrarydetermination.

40555

Federal Register / VoL 46, No.1-53 f Monday, August 10, 1981 [ Notices

ADDRESSES: Send any comments to thesysteimmanager identified. in the notice.-FOR FURTHER INFORMATION CONTACT:Mr. Preston B. Speed, Chief,AdministrativeManagement Branch,(DLA-XAM), Defense Logistics Agency,HQ DLA, Cameron Station, Alexandria,VA 22314. Telephone (202] 274-6234.SUPPLEMENTARY INFORMATION: Thesystem notices for the Defense LogisticsAgency iystem of records subject to thePrivacy Act of 1974 Title 5 United StatesCode Section 552a (Pub. L. 93-579; 88Stat. 1896, et seq.), were published in theFederal Register at;FR Doc. 81-897 (46FR 6457) January 21.1981.

This change does not fall within thepurview of Title 5, United States CodeSubsection 552a(o) which requires thesubmission of altered system report.

August 5, 1981.M. S. Healy,OSD FederalRegister Liaison Officer,Washington I-eadquartersServices,Department ofDefense.

S322.10DLA-LZ

Roul'ne uses ofrecords maItafnedinthe system, including categories ofusersand the purposes of such uses.

Add as last paragraph: "To theDepartment of Labor, Veteran'sEmployment Service. Names andaddresses of disabled veterans anddisabled military-retirees may be-provided to the Department of Labor forconducting outreach programs havingthe purpose of providing employmentand training assistance to disabledindividuals."

S322:10DLA-LZ

SYSTEM NAME:

Defense Manpower Data Center DataBase

SYSTEM LOCATION:

Primary location: W.R. ChurchComputer Center, Navy PostgraduateSchool, Monterey, CA 93940.

Back-up locations for processing: AirForce Data Services Center. Room

.- 1D167, The Pentagon, Washington, D.C.20330.

U.S. Army Management SystemsSupport'Agency, Room BD972, ThePentagon, Washington, D.C. 20310.

National Military Command SystemsSupport Center. Room BE685, ThePentagon, Washington; D.C. 20331.

Back-up files maintained at twooffices of the Defense ManpowerCenter, 7th Floor, 300 N. Washington St.,Alexandria, VA 22314 and 2nd Floor,550 Caminoe El' Estero, Monterey, CA.93040.

Selected historic files are maintainedat Air Force.Data Services Center, Room113167, The Pentagon, Washington, D.C.pursuant to court order m IBM anti-trustcase. Thes iles will bie withdrawn fromcurrentlocationwhen legallypermissable.

Decentralized segments-militarypersonnel'centers of the services;selected civilian contractors withresearch contracts in manpower area;other Federal agencies.

CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM:

All officers and enlisted personnelwho served. on active duty from July 1.1968 and later; or who have been amember of a reserve component sinceJuly 1975; or are retired military;participants inProject00,000 andProject Transition and the evaluationcontrol groups for these programs, allindividuals examined to determineeligibility for military service at anArmed Forces Entrance and ExammmgStation from July 1, 1970, and later; DODcivilian employees or civilian employeesseparated since January 1,1971; allveterans who have utilized Vietnam-eraor GI Bill education and trainingentitlements, who visited a StateEmployment Service office since July 1,1971, or who participated in aDepartment of Labor special trainingprogram since July 1, 1971; allindividuals who ever participated maneducational program sponsoredby theU.S. Armed Forces Institute, allindividuals who participated in theArmed Forces Vocational AptitudeTesting Programs at the high schoollevel since September 1969, individualswho responded to various paidadvertising campaigns seekingenlistment information since July 1, 1973;participants in the Department of Healthand Human Services, NationalLongitudinal Survey, mdividudlsresponding to RecruitingAdvertisements since January 1978;survivors of retired military personnelwho are eligible for or currentlyreceiving disability payments ordisability income compensation from theVeterans Administration; survivingspouses of active or retired deceasedmilitary personnel; 100% disabledveterans and their survivors.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, Service Number, SelectiveServiceNumber, Social SecurityAccount Number, demographicinformation such as hometown, age, sex,race, and educational level; civilianoccupational information, militarypersonnel reformation such as rank,length of service, military occupation;

aptitude scores, post-service education,training, and employment informationfor veterans; participation in various In-service education and trainingprograms, military hospitalizationrecords.

AUTHORITY FOR MAINTAINANCE OF THESYSTEM:

10 U.S.C. 136. This statue provides forthe operation of the Office of Secretaryof Defense. The Defense ManpowerData operates under direct policygidance from the Office of theSecretary of Defense thus its recordkeeping functions are authorized by thoGeneral statute. Specifically subsection10 U.S.C. 136(b)(3) provides forestablishment of administrativeprocedures "to carry out the principlesand policies of the Secretary" to includeadministrative matters relating to amongother matters "program and statisticalreporting" (10 U.S.C, 136(b)(3](c)). This Isone of the primary functions of thissystem.


The purpose of the system of recordsis to provide a longitudinal statisticalanalysis capability for assessingmilitaiy manpower trends andevaluation programs impacting onmilitary personnel, potential enlistees,and veterans and to provide a singlecentral facility within the Department ofDefense for the identification of currentand former DoD civilian and militarypersonnel and their conditions ofService."

Defense Manpower Data Center-used to analyze accession patterns andtrends, promotion and occupationpatterns and trends, loss patterns andtrends, qualification rates, effectivenessof recruiting programs, participation Ineducation and training programs, forcecharacteristics, poqt-service experiencesof veterans, evaluation of militaryspecial pays and bonuses; evaluation ofspecial programs affecting militarypersonnel; to select sample populationfor surveys, to provide statistical data toOMB, GAO, the Military Services, DoDcivilian contractors, educationalinstitutions and other Federal agencies.

Personnel Research and PersonnelManagement activities of the MilitaryServices-uses are same as thosespecified above.

Veterans Administration,Management Sciences Staff, Reportsand Statistics Service, Office of theComptroller-used to select sample forsurveys asking veterans about the use ofveterans benefits and satisfaction with

40556


VA services, and to validate-eligibilityfor VA'benefits.

Office of Research and Statistics,Social Security Adminstration-usedfor statistical analyses of impact ofmilitary service and use of GI Billbenefits on long term earning.

DoD Civilian Contractors-used bycontractors performing research onmanpower problems for statisticalanalyses.

Aggregate data and/or individualrecords in the record system may betransferred to otherFederal agencieshaving legitimate use for suchinformation and applying appropriatesafeguards to protect data so provided.

Records miy be disclosed to the CivilService Commission concerning pay,benefits, retirement deductions; andother information necessary for -theCommission to carry out itsGovernment-wide personnelmanagement functions. -

Any record contained in the system ofrecords may be transferrd.to.any.othercomponent of the Department ofDefense having the need-to-know in theperformance of official business.

Name and address information offormer military pesonnel obtained fromthe Veterans Admuustration or theMilitary Department may be released toa number of DoD Components for use mattempting to recruit and reenlist priorservice personnel through direct contactmethods. These components are asfollows; U.S. Army RecruitingCommand; .U.S. Armed ForcesCommand; Navy Recruiting Command;Chief of Naval'Personnel; Chief of NavalReserve; U.S. Air Force RecruitingService; U.S. Air Force Tactical AirCommand; Headquarters, Air ForceReserve; National GuardBureau;Headquarters, U.S. Marne' Corps;District Directors, U.S. Marine Corps;Commanding General; 4th MarineDivision; Commanding General, 4thMarine Air Wing; Commandant, U.S.toast Guard.

Information on the name, rank, socialsecurity accounting number, dutystation, birth date, retirement date, andretirement annuity may be disclosed tothe Department of Health and HumanServices orfhe-Department of Educationfor the following purposes:

To the Department of Education, DoE,for the purpose of identifying individualswho appear to be in default on theirguaranteed student loans so as to permitthe DoEto take action, whereappropriate, to accelerate recoveries ofdefaulted loans.

To the.Bureau of SupplementalSecurity Income, Social SecurityAdministration, DIIHS, in order to verifyand adjust as necessary payments made

to active and retired military membersunder the Supplemental Security IncomeProgram.

To the Office of the Inspector General.DHHS, for the purpose of identifyingand investigating DoD employees(military and civilian) who may beimproperly receiving funds under theAid for Families of Dependent Childrenprogram.

To the Office of Child SupportEnforcement, Department of Health andHuman Services, pursuant to Pub. L 93-647, for the purpose of assisting statechild support enforcement offices inlocating absent parents in order toestablish and/or enforce child supportobligations.

To the Director of the SelectiveService System for use in wartime oremergency mobilization and formobilization planning.

To the Veterans Administration foranalysis of the costs to the individual ofmilitary service connected disabilities.

To the Department of Labor, *Veterans'Employment Service. Names andaddresses of disabled veterans anddisabled military retirees may beprovided to the Department of Labor forconductingoutreach programs havingthe purpose of providing employmentand training assistance to disabledindividuals.

POuCIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Magnetic computer tape.

RETRIEVABIUT'.

Retrievable by name, SSAN, age,occupation, or any other data elementcontained in system.

SAFEGUARD:

Primary location- at W. R. ChurchComputer Center, tapes are stored m alocked cage in machine room, which is acontrolled access area; tapes can bephysically accessed only by computercenter personnel and can be mountedfor processing only if the appropriatesecurity code is provided.

At back-up locations in Alexandria,VA and Monterey, CA tapes are storedin rooms protected with cypher locks,buildings are locked after hours, andonly properly cleared and authorizedpersonnel have access.

The Air Force Data Services Center,the U.S. Army Management SystemsSupport Agency, and the NationalCommand Systems Support Center areall TOP SECRET facilities.

RETENTION AND DISPOSAL=

Files constitute a historical data baseand are permanent.

SYSTEM MANAGER(S) AND ADDRESS:

Deputy Chief, Defense ManpowerData Center (DMDC). 550 Camino ElEstero, Monterey, CA 93940.


Information may be obtained from:Deputy Chief, Defense Manpower DataCenter, 550 Camino El Estero, Monterey,CA 93940. Telephone: Area Code 408/646-2951.

RECORD ACCESS PROCEDURMS:

Requests from individuals should beaddressed to Deputy Chief, DefenseManpower Data Center (DMDC), 550Camino El Estero.Monterey, CA 93940.

Written requests for informationshould contain the full name, SocialSecurity Account Number, date of birth,and current address and telephonenumber of the individual.

For personal visits, the individualshould be able to provide someacceptable identification-such asdriver's license, or military or other IDcard.

CONTESTING RECORD PROCEDURES.

The agency's rules for access torecords and for contesting contents andappealing initial determinations by theindividual concerned may be obtainedfrom the SYSTEM MANAGER.


The Military Services, the VeteransAdministration, the Department ofEducation, Department of Health andHuman Services, from individuals viasurvey questionnaires, the Departmentof Labor, the Civil Service Commission.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONSOF THE ACT:

None.|FR Doc 8-2=6 F& 8-7-8:&45 am|BILLIG CODE 3620-01l-U

Department of the Navy

Privacy Act of 1974; Addition of NewSystem of RecordsAGENCY: Department of the Navy, DOD.ACTION: Addition of one new system ofrecords.

SUMMARY: The Department of-the Navyproposes to add one new system ofrecords to its inventory of systems ofrecords subject to the Privacy Act of1974. The system notice for the systemof records is set forth below.

40557


DATE: The proposed action will beeffective withoot further notice on-September 9, 1981, unless comments arereceived which would result in acontrary determination.ADDRESSES: Any comments, to include,written data, views or argumentsconcerning the action proposed, shouldbe addressed to the system manageridentified in the system notice.FOR FURTHER INFORMATION CONTACT:

Mrs. Gwendolyn R. Aitken, Privacy ActCoordinator, Office of the Chief ofNaval Operations (OP-09B1P],Department of the-Navy, The Pentagon,Washington, D.C. 20350. Telephone. 202/694-2004.

SUPPLEMENTARY INFORMATION: TheDepartment of the Navy inventory ofsystems of records notfces as prescribedby the Privacy Act, Title 5, United States

- Code, Section 552a (Pub. L. 93-579; 88Stat. 1896, et seq.) have been publishedin the Federal Register at:

FR Doc. 81-897 (4&FR'6696) January 21,1981.

FR Doc. 81-3277 (46FR 9693) January 29.1981.

FR Doc. 81-10892 (46 FR 21226] April 9,1981.

FR Doc. 81-13603 (46 FR 25337) May 6,1981.FR Doc. 81-14976 (46 FR 27370) May 19,

1981.FR Doc. 81-16065 (46 FR 28893] May 29,

1981.FR Doc. 81-17204 (46 FR 30680) June 10,

1981.FR Doc. 81-19041( 46 FI 33070) June 26,

1981.

A new system report as requiled by 5U.S.C. 552a(o) was submitted for thissystem of records on July 8,1981.

M. S. Healy, IOSD FederaIRegister Liaison Officer,Washington Headquarters Services,Department of Defense.August 5,1981.

N1900-2

SYSTEM NAME:

Navy Individual Service ReviewBoard Proceedings (ISRB)

SYSTEM LOCATION:

Commander, Naval Military PersonnelCommand, Department of the Navy,Washington,, DC 20370.

CATEGORIES OF INDIVIDUALS COVERED BYTHESYSTEM:

Individuals who have applied fordischarge from the United States Navywho claim membership in a group whichhas been determined tol-ave performedactive military service with the UnitedStates Navy.


The file contains the individual'sapplication for discharge, supportingdocumentation, copies ofcorrespondence between the individualand the Navy ISRB and othercorrespondence concerning the case.


Public Law 95-202


The file is used in conjunction withthe consideration of the individual'sapplication for discharge and anysubsequent application by theindividual. The file is used by theindividual, the counsel for theindividual, his/her designatedrepresentative, by those acting on behalfof the individual, and by the Navy ISRB.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OFRECORDS IN THE SYSTEM:

STORAGE:

Paper records in file folders and cross-referenced index cards.

RETRIEVABILITY:

The records are filed by name.

SAFEGUARDS:

The files are kept within the NavalMilitary Personnel Command offices.Access during business hours iscontrolled by Command personnel.Records not in use are maintained in aroom which is locked during non-dutyhours. The Command is secured at theclose of business and the building inwhich the command is located has

-limited access controlled by securityguards.

RETENTION AND DISPOSAL

Applications which are approved willnecessitate creation of a service recordwhich is part of the Navy PersonnelRecords System. Remaining records areretained in the Naval Military PersonnelCommand for two years and thendestroyed. Cross-reference index cardsare retained permanently in the NavalMilitary Personnel Command.


Commander, naval Military PeisonnelCommand, Department of the Navy,Washington, DC 20370

NOTIFICATION PROCEDURES:

Informationmay be obtained from theCommander, Naval Military PersonnelCommand (NMPC-3), Department of theNavy, Washington, DC 20370.

RECORD ACCESS PROCEDURES-

The agency's rules for access torecords may be obtained from theSystem Manager.

f CONTESTING RECORD PROCEDURES:

The agency's rules for contestingcontents and appealing initialdeterminations by the individualconcerned may be obtained from theSystem Manager.


Information contained in the files Isobtained from the individual or thoseacting on 'the individual's behalf, fromother military records and from theDepartment of Defense Civilian/MilitaryService Review Board.

SYSTEMS EXEMPTED FROM CERTAINPROVISIONS OF THE ACT:

None.[FR Doc. 8-23257 Filed 8-7-M". 8:45 amJBILLING CODE 3810-71-M

Department of the Navy (MarineCorps)

Privacy Act of 1974; Notice of a NewSystem of Records

AGENCY: Department of the Navy(Marine Corps).ACTION: Notice of a new system ofrecords.

SUMMARY: The U.S. Marine Corps isadding a new system of records to itsinventory of systems of records subjectto the Privacy Act. This new system Isidentified as MMN0047 entitled,"Officer Slate System" The recordsystem notice is set forth below.DATES: The system shall be effective asproposed without further notice onSeptember 9, 1981, unless comments arereceivedwhich would result in acontrary determination.ADDRESSES- Send any comments to. theSystem Manager identified in the systemnotice.FOR FURTHER INFORMATION CONTACT:Mrs. B. L. Thompson, Privacy ActCoordinator, Headquarters, U.S. MarineCorps, Washington, D.C. 20380,telephoner 202/694-1452.SUPPLEMENTARY INFORMATION: The U.S.Marine Corps systems notice for recordssystems subject to the Privacy Act of1974, Title 5, United States Code Section552a (Pub. L. 93-579, 88 Stat. 1896, etseq.) were published in the FederalRegister at:

FR Doc. 81-897(40 FR 6839) January 21,1981.

FR Doc. 81-14113 (46 FR 26094) May 11.1981.

40558

Federal Register /f

Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

A new system report as required by 5U.S.C. 552a(o) was submitted for thissystem of records onJuly 8,1981.August 5,1981.M. S. Healy,OSD Federal Regaister Liason Officer,Washington Headquarters Services,Lepartment of Defense.

MMN00047

SYSTEM NAME:

Officer Slate System

SYSTEM LOCATION:

Officer Assignment Branch, PersonnelManagement Division, Headquarters,U.S. Marine Corps (Code MMOA), \

Washington, D.C. 20380


Active duty officers and enlistedpersonnel selected for warrant officerwhose active duty component code is 11thru 13, C1 thru C6; and CIL


The Officer Slate File containsassignment data pertinent to eachindividual officer's future assignmentand sufficient data relative to hispresent assignment to determine thebillet to which the officer is assigned.


10 U.S.C. 5031, Secretary of the Navy:responsibilities.


Headquarters, U.S. Marine Corps-Used by the Officer Assignmentmonitors to record data relative to anindividual officers' present billet andfuture assignments. Monitors recordassignment data such as estimated datesof departure from present command,estimated dates of arrival to futurecommands, and other pertinentinformation which will affect an officers'next duty assignment. This file is used toproduce internal reports necessary.toensure that Marine Corps commandswill be properly staffed with the officergrades and skills in the quantityrequired to perform their missions. Tinsfile is also utilized to extract the datanecessary to issue Permanent Change ofStation Orders (PCS Orders) onindividual officers.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored on magnetic-disks

and back-up generations are stored onmagnetic tape. Back-up tapes aremaintained for approxinately one weekand then erased.

RETRIEVABILITY:

Records are accessed by socialsecurity number.

SAFEGUARDS:

a. Hard wired termimnals whichoperateon an on-line interactive modesupport this system. System informationis protected by the following softwarefeatures: user account number useridentification number, password, andthe file is in a "restricted" status for useby the Officer Assignment Branch only.

b. Access to the building in winch theterminals and computer system islocated is protected by a securityagency and requires bositiveidentification for admission. Access tothe terminals is under the control ofauthorized personnel during workinghours. Office spaces in which theterminals are located are locked afterworking hours, and checked in the,evenig by the designated Staff Dutyofficer at Headquarter, U.S. MarineCorps.

RETENTION AND DISPOSAL:

Records are retained for the period anofficer is on active duty. Officersreporting to active duty are added to thefile automatically and those officersbeing transferred to other than activeduty status are deleted from the fileautomatically. This process occurs onceeach week to coincide with the updatingof the Manpower Management System.Back-up generations are retained forapproximately one week in the event asystems failure/error requires the file berestored. After this time the back-uptape is erased.


* The Commandant of the Marine Corps(Code MMOA)

Headquarters, U.S. Marine CorpsWashington, D.C. 20380Telephone: (202) 694-3078


Inquiries should be directed to theSystem Manager at the addressindicated.


Requestes from individuals should beaddressed to: The Commandant of theMarine Corps (Code MMOA),Headquarters, U.S. Marine Corps,Federal Office Building 9, Washington,D.C. 20380

Written requests for informationshould contain the full name of theindividual, date andplace of birth,social s~curity number and signature.

For pers6nal visits, the individualshould be able to provide militaryidentification to ensure that theindividual is the subject of the inquiry

An active duty officer may obtainfuture assignment data on himselfbytelephone by contacting his assignmentmonitor and providing sufficientInformation to properly identify himselfto his assignment monitor.

CON STING RECORD PROCEDURES:

The agency's rules for contestingcontents, and appealing initialdetermination by the individualconcerned may be obtainedfrom thesystem manager.


Information in the system is obtainedfrom the officer's command, theindividual officer concerned, officerassignment monitor and the ManpowerManagement System.

SYSTEMS EXEMPTED FROM CERTAINPROVISIONS OF THE ACT:.

None.IFRDoc. e-znia lt -7-=&f45 aJBILLNG CODE 3310-71-,


Per Diem, Travel and TransportationAllowance Committee

AGENCY. Per Diem. Travel andTransportation Allowance Committee,DOD.ACTION: Publication of changes inperdiem rates.

SUMMARY. The Per Diem. Travel andTransportation Allowance Committee ispublishing Civilian Personnel PeiDiemBulletin Number 106. This bulletin listschanges in per diem rates prescribed forU.S. Government employeees for officialtravel in Alaska. Hawaii. Puerto Ricoand possessions of the United States.Bulletin Number 106 is being publishedin the Federal Register to assure thattravelers are paid per diem at the mostcurrent rates.EFFECTIVE DATE: August 4,1981.

SUPPLEMENTARY INFORMATION: This

document gives notice of changes m perdiem rates prescribed by the Per Diem.Travel and Transportation AllowanceCommittee for non-foreign areas outsidethe continental United States.

I • III I40559


Distribution of Civilian Per DiemBulletins by mail was discontinuedeffective June 1, 1979. Per Diem Bulletinspublished periodically in the FederalRegister now constitute the onlynotification of changes in per diem ratesto agencies and establishments outsidethe Department of Defense.

The text of the Bulletin follows:

Civilian Personnel Per Diem BulletinNumber 106To the heads of executive departments

and establishments.Subject: Table of maximum per diem

rates in lieu of subsistence forUnited States Government civilianofficers and employees for officialtravel in Alaska,Hawaii, theCommonwealth of Puerto Rico andpossessions of the United States.

1. This bulletin is issued inaccordance with Memorandum forHeads of Executive Departments andEstablishments from the DeputySecretary of Defense August 17, 1966,"Executive Order 11294, August 4, 1966Delegating Certain Authority of thePresident to Establish Maximum PerDiem Rates for Government CivilianPersonnel in Travel.Status," in whichthis Committee is directed to exercisethe authority of the President (5 U.S.C.5702(d)(2)) delegated to theSecretary ofDefense for Alaska, Hawaii, the'Commonwealth of Puerto Rico, theCanal Zone, and possesions of theUnited States, When appropriate and inaccordance, with regulations issued bycompetent authority, lesser rates may beprescribed.

2. The maximum per diem ratesshown in the following table arecontinued from the preceding BulletinNumber 105 except in the case identifiedby an asterisk which rates are effectiveon the date of this Bulleitn. The date ofthis Bulletin shall be the date the lastsignature is affixed hereto.

3. Each Department or Establishmentsubject to these rates shall takeappropriate action to disseminate thecontents of this Bulletin to theappropriate headquarters and fieldagencies affected thereby.

4. The maximum per diem ratesreferred to in this Bulletin are:

MaximmnLocality rate

S12.60140.0072.00

169.0093.0090.0069.00

Locality

Deadhorsa ....... .. . ...DillinghamDutch Harbor ...................................Bielson AFB_...... ..... ....

Elmendof .....................FaJ ~ s .. ................. .. ........... .Fort e dson .................................Fort WJuneau .......... . ...

Ketchyn ..................................

Skso unt .... . ............................

Kotzebue_... . . .. . .Murphy Dm . .... . .....

Noma........ ... ......................

Ul oe ...... ... ... .... ..

Pmete ncn....................

SAther

M day ....................

May6ll toB Dec .. ............................

Sitka-Meort Egcme..........Skagway ... . . .. . .. ' .-....Spruce Cape

Dec.1 to. ay.... ............... .........

Valdez-. . . . . . .... . .

.All .t. ... ..............................

Dec. 16to May ...

May 16 to Dec.

Pne IncluingFor A.e... ).............

Dec. 16 to May.. . ..........

Dom .6toMay.............. ..May 16 to Dec.

Sant uann-dn anun CAs Gurdc

ueteo c:Dec. 16 to May 15...................

May 16 to Dec.15. . . ......

APtoer(k6 ot lmNS

grolnd oadstDec. 16 to May15 ..............May 16 to Dec.

Deo. 16 to May15... .. . ...May 16 to Dec.15.. . ........

SanJua B inhertn-an uan Cst Geuarduntrs yn):

Dec. 16 to May 1 . ... ......May 16 to Dec. 1 .......

AMoter locali otiUe en ... ) .. .......

Dec. 1 to pr 5................May 1 to ov. ........

Wake tsland z_All other loaie-

Maxmmum DEPARTMENT OF ENERGYrate

94.00103.0082.0090.0072.0090.0072.0090.0083.0082.00

1020097.0090.0097.00

102.0097.0082.0094.0011.0097.0082.0082.00

102.00102.0085.0079.0082.0071.0065.0067.00

84.0065.0016.7512.60

102.0075.00

102.0075.00

102.0075.00

102.0075.0060.00

102.0075.00

102.0075.00

102.0075.0063.00

128.0074.0015.0020.00

I Commercta fac8ies are not avaiabtie. This pe( diem ratecovers charges for meals in available fanclees plus anadditional allowance for inkidental expenses and -ill beincreased by the amount pa d for Government quarters bythe traveler.

=Commerca! faotie3 are not availabl. OnDly Government-owned and contractor operated quarters and mess areavailable at this locally. This per diem rate is the amountnecessary to deray the cost of lodging. meals and incidentalexpenses.

M. S. Healy,

OSD Federal Register Liaison Officer,Washington Headquarters Services,Department of Defense.

August 5,1981.[FR Doc. 81-23217 Filed 84-81; :45ailBILUNG CODE 3810-01-M

Economic Regulatory Administration

[Docket Nos. 53146-3B03-01-64 and 53146-3803-02-84]

Virginia Electric and Power Co.,(Portsmouth Generating Station, Units1 and 2); Rescission of ESECAProhibition OrdersAGENCY: Economic RegulatoryAdministration, DOE.ACTION: Notice of Rescission of ESECAProhibition Orders.

SUMMARY: The Economic RegulatoryAdministration (ERA) of the Departmentof Energy (DOE) I hereby gives noticethat on August 3, 1981, DOE rescindedthe Prohibition Orders issued on June 30,1975, to the Virginia Electric and PowerCompany (VEPCO), PortsmouthGenerating Station, Units 1 and 2,(Portsmouth I and 2) Docket Nos 531403803 01 84 and 53146 3803 02 84. TheProhibition Orders had been Issuedpursuant to Section 2 of the EnergySupply and Environmental CoordinationAct of 1974 (ESECA) 2. Revocation of theorders is under the provisions Section2(f) of ESECA and in accordance withthe implementing regulations containedin 10 CFR 303.130(b). The PortsmouthProhibition Orders, if made effective byissuance of Notices of Effectiveness,would have prohibited the above-namedpowerplants from burning natural gas orpetroleum products as their primaryenergy source.

" SUPPLEMENTARY INFORMATION: In theintervening period since June 30, 1975,when the Federal Energy Administration(FEA) issued Prohibition Orders forPortsmouth Generating Station, Units 1,2, 3, and 4, which if made effective bythe issuance of a Notice of Effectiveness(NOE) would have prohibited thesepowerplants from burning petroleumproducts or natural gas as their primary

Effective October 1,1977, the responsibility forimplementing ESECA was transferred by ExecutiveOrder No. 12009 from the Federal EnergyAdministration to the Department of Energypursuant to the Department of Energy OrganizationAct (42 U.S.C. 7101 et seq.).

'Energy Supply and Environmental CoordinationAct of 1974, Pub. L. 93-319 (15 U.S.C. 791 etseq.), asamended by Pub. L 94-163, Pub. L 95-70. Pub. L, 05-91, Pub. L 95--9 andPub. L 95-020; Federal EnergyAdministration Act of 1974, Pub. L 93-275 (15 U.S.C,et seq.], as amended by Pub. L 94-332, Pub. L. 94 -385, Pub. L 95-70 and Pub. L 95--91: Department ofEnergy Organization Act, Pub. L 93-1 (42 U.S,C.71M7 et seq.) as amended by Pub. L 95-509, Pub. L95-619. Pub. L 95-620 and Pub. L 95-0211Powerplant and Industrial Fuel Use Act of 1978,Pub. L 95-020( 42 U.S.C. 8301 of seq.); E.O. 11790, 39FR 23185 (June 25, 1974D E.O. 1200. 42 FR 40207(September 13.1977).

40560

Alas, Ada . ........................................................Anaktvuk Pass ............................................Anchorage .......... ..............................Barrw ............................ ................Beoth l ... . ..... ................................

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 1 Notices

energy source, Portsmouth Units 3 and 4have committed to convert to coal andUnits 1 and 2 have been placedin a coldreserve. Since being placed in coldreserve, Units 1 and 2 have not beenused for the production of power due toan apparent management decision thatit was not cost beneficial to continue touse the units with either oil, gas or coal.In addition, based on VEPCO's latest 15year forecast of system-wide capacityand demand, the Company hasrepresented that the units will only beused for emergency purposes and arepresently scheduled for retirement in1992.3 For these reasons, it appears'thatthere is no reasonable likelihood thatthese units will be operated at asufficient capacity factor to warrantconversioh to coal: Accordingly, ERAfeels that the issuance of a Notice ofEffectiveness for these units would nottend to further the objectives of ESECA.Because of these changed circumstancesunder 10 CFR 303.136(c), ERA herebyrescinds the previously-issuedprohibition orders for Units 1 and 2 maccordance with 10 CFR 303.130(b);

In its "Notice of Intention to RescindESECA Prohibition Orders" published inthe Federal Register on June 25, 1981 (46FR 32932), DOE gave notice of itsintention to rescind the ProhibitionOrders issued to the above-namedpowerplants and invited writtencomments on the proposed action. Noadverse comments were received duringthe period allotted for submission ofwritten comments and no issues wereraised or called to DOE's attentionwhich would have caused DOE toterminate the rescisson action.

The Rescission Orders for PortsmouthUnits I and 2 were served on Mr. W. W.Berry, President, Virginia Electric andPower Company, Post Office Box 26666,Richmond, Virginiua 23261, by registeredmail on August 3,1981. Copies of theRescission Orders will be on display forany interested persons in Room B-120,2000 M Street, N.W., Washington, D.C.20461, from 1:00 to 4:30 p.m., Mondaythrough Friday of each week. Copieswill also be available at-the DOE RegionIll Office, 1421 Cherry Street, 10th Floor,Philadelphia, Pennsylvania 19102, Tel.(215) 597-9067 and in the Freedom ofInformation Reading Room, Room IE-190, Forrestal Building, 1000Independence Avenue, S.W.,Washington, D.C. 20585, between thehours of 8:15 a.m. and 4:15 p.m., Mondaythrough Friday.

Any person aggrieved by the

3Letters from Dr. Moms Brelimer to ERA (July 27,1981) andletter from James M. Rinaca to James R.Caverly [June 1.1979). The Units originally wentcommercial in 1951 and 1953 respectively and wouldhave reqired 35-37 months for the mstaUation ofelectrostatic precipitators. Letter from Daniel J.Snyder of EPA to Frank Zarb July 26,1976).

Rescission Orders may file an appealwith the DOE Office of Hearngs andAppeals (previously the Office ofExceptions and Appeals) in accordancewith10 CFR Part 303, Subpart R. Theappeal shall be filed within 30 days afterservice of the Rescission Orders. Serviceby registered mail is complete uponmailing. There will not have beendeemed to be an exhaustion ofadministrative remedies until an appealhas been filed pursuant to Subpart Hand the appellate proceeding iscompleted by the issuanee of an ordergranting or denying the appeal.FURTHER INFORMATION: Any questionsregarding this rescission action shouldbe directed to DOE as follows:

Steven A. Frank, Office of FuelsConversion, Economic RegulatoryAdministration, Department of Energy,Case Control Unit (ESECA), Mail StopRoom 3214, 2000 M Street NW.,Washington, D.C. 20461, TeL (202) 653--4184.

L Dow Davis IV, Office of GeneralCounsel, Department of Energy,Forrestal Building, Room 6B-178,Washington, D.C. 20585, TeL (202) 252-

,2967.Written questions should be identified

on the envelope and in thecorrespondence with the designation"Rescission of Portsmouth GeneratingStation, Powerplants 1 and 2 ProhibitionOrders, Docket Nos. 53146-3803-01-84,53146-3803-02-84."

Issued in Washington. D.C., August 3.2981.Robert L. Davies,Director, Office of Fuels Conversion,Economic RegulatoryAdministration.(FR Do. 8-,3157 Filed 8-7-8: 8:45 am]BILUNG CODE 6450-01,M

Federal Energy Regulatory

Commission

[Docket No. ST81-336-000]

Black Warrior Pipeline Co. Applicationof Approval of RatesAugust 6,1981.

Take notice that on June 30,1981,Black Warrior Pipeline Company(Applicant], P.O. Box 2563, Birmingham,Alabama 35202, filed in Docket No.ST81-336-000 an application pursuant toPart 284 of the Commission'sRegulations for approval of its rates forthe transportation of natural gas onbehalf of Southern Natural GasCompany (Southern), all as more fullyset forth in the application which is onfile with the Commission and open topublic inspection.

Applicant states that pursuant to aletter agreement dated June 16,1981, ithas agreed to transport on behalf ofSouthern gas produced from the Dabbs

#4 well and the Dabbs-Richardson#.6-2well both located in the Corinne Field,Monroe County, Mississippi, and from -any additional well in the Connne Fieldthat Applicant and Southern mutuallyagree in writing to include in thetransportation agreement. Applicantfurther states that transportation fromthese wells would be pursuant to thesame terms and conditions as set out inthe gas transportation agreementbetween Applicant-and Southern datedApril 24,1979.

Applicant proposes that thetransportation charge applied to theaggregate of volumes transported underthe April 24 transportation agreementand under the June 16 letter agreementwould be:

(1) A monthly demand charge of $2.08per Mcf based on a contract demandvolume of 25,000 Mcf per day.

(2) A commodity charge of $.08 perMcf for all quantities of gas redeliveredon any day up to the contract demandquantity.

(3) An overrun charge of $.08 per Mcffor all quantities of gas redelivered onany day in excess of the contractdemand quantity.

Applicant states that these rates arethe same charges that were found to befair and equitable for the same serviceand approved by the Commission onAugust 31,1979, in Docket No. CP79-295wherein the Commission authorizedlong-term transportation service underthe aforementioned gas transportationagreement between Applicant andSouthern dated August 24,1979.

Applicant indicates that the demandcharge that was authorized in DocketNo. CP79-295 is based on an estimatedannual cost of service ichreflects a10 percent straight line depreciation ratebased upon the life of the estimatedreserves In the Corinne Field. It is saidthat new wells in the Corinne Field fromwhich Applicant would transport gas forSouthern pursuant to the June 16,1981,letter agrdement have been or will bedrilled to develop these reserve.

Any person desiring to be heard ortomake any protest with reference to saidapplication shodld on or before August27,1981, file with the Federal EnergyRegulatory Commission, Washington,D.C. 20426, a petition to intervene or aprotest in accordance with therequirements of the Commission's Rulesof Practice and Procedure (18 CFR 1.8 or1.10). All protests filed with theCommission will be considered by it indetermining the appropriate action to betaken but will not serve to make theprotestants parties to a proceeding. Anyperson wishing to become a party to aproceeding or to participate, as a party inany hearing therein must file a petition

40561


to intervene in accordance with theCommission's Rules.Kenneth F. Plumb,Secretary.IFR Doc. 81-23Z1S Filed 8-7-rn: 8:45 am)

BILLNG CODE 64501-M

[Project NO. 4982-000]

City of Rohnert Park, California;Application for Preliminady PermitAugust 6,1981.

Take notice that the City of RohnertPark (Applicant) filed on June 25,1981,an application for preliminary permit[pursuant to the Federal Power Act, 16U.S.C. 791(a)-825(e)] for Project No.4982 known as the Slide Creek,Humboldt Project located on Slide Creekin Humboldt County, California. Theapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.Robert A. Lewis, City of Rohnert Park,6750 Commerce Blvd., Rohnert Park, CA95427

Project Description-The projectwould consist of: (1) a 100-foot long, 5-foot high diversion structure; (2) a 4,000-foot long diversion conduit; (3) a 1,400-foot long penstock; (4) a powerhousewith a total rated capacity of 3,350 kW;and (5) an 11-mile long transmissionline. The average annual energygeneration is estimated to be 13.2million kwh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant is seeking a 36-month permitto study the feasibility of constructingand operating the proposed project.

Competing Applications-Thisapplication was filed as a competingapplication to the Slide Creek,Humboldt Project No. 4394 filed onMarch 23, 1981, by ConsolidatedHydroelectric, Inc., under 18 CFR 4.33(1980). Public notice of the filing of theinitial application has already beengiven and the due date for filingcompeting application or notices ofIntent has passed. Therefore, no furthercompeting applications or notices ofintent to file competing applications willbe accepted for filing.

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from theApplicant.) If an agency does not filecomments within the time set below, itwill be presumed to have no comments.

Comments, Protests, or Petitions ToIntervene-Anyone may submit

comments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly tliose who file a petition tointervene in accordance with theCommissions'Rules may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before September 3, 1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","PROTEST", or "PETITION TO -INTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,N.E., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E:Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of the notice.Kenneth F. Plumb,Secretary.FR Doec. 81-23219 Fled 8-7-81; 845 am]

BILUNG CODE 6450-65-M

[Project No. 4993-000]

City of Rohnert Park, California;Application for Preliminary PermitAugust 7, 1981.

Take notice that the City of RohnertPark (Applicant] filed on June 24, 1981,an application for preliminary permit[pursuant to the Federal Power Act, 16U.S.C. 791(a)-825(r]] for Prdject No. 4993known as the Big East Fork CanyonCreek, Trinity Project, located on BigEast Fork Canyon Creek in TrinityCounty, Califoria. The application is on.file with the Commission and isavailable for public inspection,Correspondence with the Applicantshould be directed to: Mr. Robert A.Lewis, City of Rohnert Park, 6750Commerce Blvd., Rohnert Park, CA95427

Project Description-The projectwould consist of: (1) a 48-foot long,5-foot high diversion structure; (2) a5,400-foot long diversion conduit; (3) a1,000-foot long penstock; (4) apowerhouse with a total rated capacity

of 1,220 kW; and (5) a 0.5-mile longtransmission line. The average annualenergy generation is estimated to be 4.6million kWh.

Proposed Scope of Studies underPermit-A preliminary permit, If issued,does not authorize construction, TheApplicant is seeking a 36-month permitto study the feasiblility of constructingand operating the proposed project,

Competing Applications-Thisapplication was filed as a competingapplication to the Big East Fork CanyonCreek, Trinity Project No. 4326 filed onMarch 12, 1981, by ConsolidatedHydroelectric, Inc. under 18 CFR 4.33(1980). Public notice of the filing of theinitial application has already beengiven and the due date for filing

-competing application or notices ofintent has passed, Therefore, no furthercompeting applidations or notices ofintent to file competing applications willbe accepted for filing.

Agency Comments-Federal, State,and local agencies are Invited to submitcomments on the described application,(A copy of the application may beobtained by agencies directly from theApplicant.) If an agency does not filecomments within the time set below, itwill be presumed to have no comments.

Comments, Protests, or Petitions to'Intervene-Anyone may submitcomments, a proteat, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980),In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protest, or petition to Intervene must bereceived on or before September 4, 1981,

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","PROTEST", or "PET1TION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,N.E., Washington, D.C. 20420. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB, at the above address.'Acopy of any petition to intervene mustalso be served upon each representative

40562


of the Applicant specified m the firstparagraph of the notice.Kenneth F. Plumb,Secretary.[FR Doec. 81-232Z0 Filed 8-7--81: 8:45 am]

BILLiNG CODE 645045-M


City of Rohnert Park, California;Application for Preliminary PermitAugust 7,1981.

Take notice that the City of RohnertPark (Applicant) filed on Tune 24, 1981,an application for preliminary permit[pursuant to the Federal Power Act, 16U.S.C. 791(a]-825(r)] for Project No.4994 known as the Big French Creek,Trinity Project located on Big FrenchCreek m Trinity County, California. Theapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.Robert A. Lewis, City of Rohnert Park,6750 Commerce Blvd., Rohnert Park,California 95427

Project Description-The proposedproject would consist of- (1) a 5-foothigh, 185-foot long diversion structure;(2] a 66-inch diameter, 7,600-foot longdiversion conduit; (3) a 49-inch diameter,650-foot longpenstock, and (4) apowerhouse containing generating unitswith a total rated capacity of 2,700 kW.The Applicant estimates that theaverage annual energy output would be10.8 million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction.Applicant has reqdested a 36-monthpermit to prepare a definitive projectreport mcluding preliminary designs,results of geological, environmental, andeconomic feasibility studies. The cost ofthe above activities, along withpreparation of an environmental impactreport, obtaining agreements with theFederal, State, and local agencies,preparing a license application,conducting final field surveys, andpreparing designs is estimated by theApplicant to be $100,000.

Competing Applications-This- application was filed as a competing

application to the Big French Creek,Trinity Project No. 4406 filed on March30, 1981, by Consolidated Hydroelectric,Inc. under 18 CFR 4.33 (1980). Publicnotice of the filing of the initialapplication has already been given andthe due date for filing competing

-application or notices of intent haspassed. Therefore, no further competingapplications or notices of intent to file

competing applications will be acceptedfor filing.


Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene m accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before September 4,1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,N.E., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Comnnssion,Room 208 RB'at the above address. Acopy of any petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of the notice.Kenneth F. Plumb,Secretary.[FR Do=. 81-23 21 Filed 8-7-81; 8:45 am|BILLING CODE 6450-85-M


City of Rohnert Park, California;Application for Preliminary Permit[August 7. 1981.)

Take notice that the City of RohnertPark (Applicant) filed on June 25, 1981,an application for preliminary permit[pursuant to the Federal Power Act. 16U.S.C. 791(a)-825(r)] for Project No.4984 known as the Lower Yellow Creek,Plumes Power Project located on YellowCreek in Plumas County, California. Theapplication is on file with theCommission and is available for public

inspection. Correspondence with theApplicant should be directed to: Mr.Robert A. Lewis, City of Rohnert Park,6750 Commerce Blvd.. Rohnert Park.California 95427.

Project Description--The proposedproject would consist of: (1) a 5-foothigh, 148-foot long diversion structure;(2) a 61-inch diameter, 14,900-foot longdiversion' conduit; (3) a 40-inch diameter,1,200-foot long penstock, and (4) apowerhouse containing generating unitswith a combined rated capacity of 4,800kW. The Applicant estimates that theannual average energy output would be31.5 million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction.Applicant has requested a 36-monthpermit to prepare a definitive projectreport including preliminary designs,results of geological. environmental, andeconomic feasibility studies. The cost ofthe above activities, along withpreparation of an environmental impactreport, obtaining agreements withFederal, State, and local agencies,preparing a license application.conducting final field surveys, andpreparing designs is estimated by theApplicant to be $100,000.

Competing Applications-Thisapplication was filed as a competingapplication to the Lower Yellow Creek,Plumas Project No. 4363 filed on March18,1981, by Consolidated Hydroelectric,Inc. under 18 CFR 4.33 (1980). Publicnotice of the filing of the initialapplication has already been given andthe due date for filing competingapplications or notices of intent haspassed. Therefore, no further competingapplications or notices of intent to filecompeting applications will he acceptedfor filing.

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application.( (A copy of the application may beobtained by agencies directly from theApplicant.) If an agency does not filecomments within the time set below, itwill be presumed to have no comments.

Comments, Protests, or Petitions ToIntervene-Anyone-may submitcomments, a protest, or a petition tointervene m accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (19801.In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,

40563

Federal Register / Vol. 46, No., 153 / Monday, August 10, 1981 / Notices

protest, or petition to intervene must bereceived on or before September 4, 1981.

Filing and Service of ResponsiveDocuments-Any comments, protests, orpetitions to intervene must bear in allcapital letters the title "COMMENTS","PROTEST", or "PETITION TOINTERVENE", as applicable. Any ofthese filing must also state that it ismade in response to this notice ofapplication for-preliminary permit forProject No. 4984. Any comments,protests, or petitions to intervene mustbe filed by providing the original andthose copies required by theCommission's regulations to: Kenneth F.Plumb, Secretary, Federal EnergyRegulatory Commission,,825 NorthCapitol Street, NE., Washington, D.C.20426. An additional copy must be sentto; Fred E, Springer, Chief, ApplicationsBranch. Division of HydropowerLicensing, Federal Energy RegulatoryCommission, 825 North Capitol Street,NE., Room 208 RB Building, Washington,D.C. 20426. A copy of any petition .tointervene must also be served upon eachrepresentative of the Applicant specifiedin the first paragraph of this notice.Kenneth F. Plumb,Secretary.1141t Doe. 81-32=2 Filed 8-7-81; 8:45 amiBILMUG CODE 6450-85-M


City of Rohnert Park, California;Application for Preliminary PermitAugust 0, 1981.

Take notice that the City of RohnertPark (Applicant) filed on June 25,1981,an application for preliminary permit[pursuant to the Federal Power Act, 16U.S.C. 791(a)-825(r)] for Project No.4980 known as the North ForkSacramento River, Siskiyou Projectlocated on North Fork Sacramento Riverin Siskiyou County, California. Theapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.Robert A.'Lewis, City of Rohnert Park,6750 Commerce Blvd., Rohnert Park, CA95427

Project Description-The projectwould conisist of: (1) a 60-foot long, 5-foot high diversion structure; (2) a 3,500-foot long diversion conduit; (3) a 850-foot long penstock; (4) a powerhousewith a total rated capacity of 1,500 kW;and (5) a 3.5-mile long transmission line.The average annual energy generation isestimated to be 6.0 million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. The

Applicant is seeking a 36-month permitto study the feasibility of constructingand operating the proposed project.

Competing Applications-Thisapplication was filed as a competingapplication to the North ForkSacramento River, Siskiyou Project No.4393 filed on March 23, 1981, byConsolidated Ijydroelectnc, Inc. under18 CFR 4.33 (1980). Public notice of thefiling of the initial application hasalready been given and the due date forfiling competing application or notices ofintent has passed. Therefore, no furthercompeting applications or notices ofintent to file competing applications willbe accepted for filing.

Agency Comments-Federal, State,.and local agencies are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from theApplicant.) If an gency does not filecomments within the time set below, itwill be presumed to have no comments.

Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiveand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules-may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before September 3, 1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","PROTESTS", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission's-regulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol-Street,N.E., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commssion,Room 208 RB at the above address. Acopy of any petition to intervene mustalso be served upon each representativeof the applicant specified in the firstparagraph of the notice.Kennetli F. Plumb,Secretary.-*FR Doc. B1-23z33 Filed 8-7-81; 8:45 aml

BILMNG CODE 6450-85-M


City of Rohnert Park, California;Application for Preliminary PermitAugust 6. 1981.

Take notice that the City of RohnertPark (Applicant) filed on June 25, 1981,an application for preliminary permit[pursuant to the Federal Power Act, 10U.S.C. 791(a)-825(r)] for Project No.4981 known as the Middle Fork AppleGate River, Siskiyou Project located onMiddle Fork Apple Gate River InSiskiyou County, California, Theapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.Robert A. Lewis, City of Rohnert Park,6750 Commerce Blvd,, Rohnert Park, CA95427.

Project Description-The projectwould consist of: (1) a 56-foot long, 5.foot high diversion structure (2) a13,100-foot long diversion conduit, (3) a1,550-foot long penstock; (4) apowerhouse with a total rated capacityof 2,400 kW; and (5) a 8-mile longtransmission line, The average annualenergy generation is estimated to be 9.3million kwh.

Proposed Scope of Studies UnderPermit-A preliminary permit, If issued,does not authorize construction, TheApplicant is seeking a 36-month permitto study the feasibility of constructingand qperating the proposed project.

Competing Applications-Thisapplication was filed as a competingapplication tri the Middle Fork AppleGate River, Sisklyou Project No, 4418filed on March 25, 1981, by ConsolidatedHydroelectric, Inc., under 18 CFR 4.33(1980). Public notice of the filing of theinitial application has already beengiven and the due date for filingcompeting application or notices ofintent has passed. Therefore, no furthercompeting applications or notices ofintent to file, competing applications willbe accepted for filing.

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from theApplicant.) If an agency does not filecomments within the time set below, Itwill be presumed to have no comments.

Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1,8 or 1,10 (1980).In determing the appropriate action totake, the Commission will consider allprotests or other comments filed, but

I I40564


only those who file a petition tointervene m accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protest, or betition to intervene must bereceived on or before September 3, 1981.

Filing and Service ofResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the onginal and thosecopies recfuiredby the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryComnussion, 825 North Capitol Street,N.E. Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB at the above-address. Acopy of any petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of the notice.Kenneth F. Plumb,Secretary[FR Dec. 81-23234 Filed 8-7-81; 8:45 am)



City of Rohnert Park, Calif.;Application for Preliminary PermitAugust 6,1981.

Take notice that the City of RohnertPark, California (Applicant] filed onJune 24,1981, an application forpreliminary permit [pursuant to theFederal PowerAct, 16 U.S.C. 791(a)-825(r)] for Project No. 4990 to be knownas the Cold Creek, Glenn Power Projectlocated on Cold Creek m Glenn andMendocino Counties, California. Theapplication is on file wiith theCommission-and is available for publicinspection. Correspondence with theApplicant should be directed to; Mr.Robert A. Lewis, City of Rohnert Park,6750 Commerce Boulevard, RohnertPark, CA 95427

Project Description-The projectwould consist of five separate facilities:

Site 1 would consist of: (1] a 146-footlong, 5-foot high diversion structure; (2)a 6,800-foot long diversion channel; (3) a600-foot long penstock; and (4) apowerhouse to contain a generating unitwith a rated capacity of 3,800 kW.

Site 2 would consist of: (1) a 190-footlong, 5-foot high diversion structure; (2)a 3,800-foot long diversion channel; (3) a450-foot lIong-penstock and (4] a "

powerhouse to contain a generating unitwith a rated capacity of 3,700 kW.

Site 3 would consist of- (1) a 118-footlong, 5-foot high diversion structure; (2)a 5,500-foot long diversion channel; (3) a1,560-foot long penstock, and (4) apowerhouse to contain a singlegenerating-unit with a rated capacity of4,800 kW.

Site 4 would consist of: (1) a 142-footlong, 5-foot high diversion structure; (2)a 5,300-foot long diversion channel; (3) a800-foot long penstock; and (4) apowerhouse to contain a singlegenerating unit with a rated capacity of4,800 kW.

Site 5 would consist of: (1) a 193-footlong, 5-foot high diversion structure; (2)a 2,250-foot long diversion channel; (3] a950-foot long penstock; and (4) apowerhouse to contain a singlegenerating unit with a rated capacity of4,700 kW; and (5) a new 12.5-kVtransmission line connecting the fivefacilities and extending 16 miles east ofthe facilities.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant is seeking a 36-month permitto study the feasibility of constructingand operating the proposed project.

Competing Applications-Thmsapplication was filed as a competingapplication to the Cold Creek, GlennProject No. 4415 filed on March 25,1981,by Consolidated Hydroelectric, Inc.,under 18 CFR 4.33 (1980). Public noticeof the filing of the Initial application hasalready been given and the due date forriling competing application or notices ofintent has passed. Therefore, no furthercompeting applications or notices ofintent to file competing applications willbe accepted for filing.


Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommissions' Rules may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before September 3. 1981.

Filing and Service of ResponsibleDocuments-Any filings must bear in allcapital letters the title "COMMENTS,"PROTEST', or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,NE., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,825 North Capitol Street, NE, Room 208RB at the above address. A copy of anypetition to intervene must also be servedupon each representative of theApplicant specified in the firstpara'graph of the notice.Kenneth F. Plumb,Secretary.FR Dor- 81-23235 Fied 8-7-81: &45 am)

BILLING CODE 6450-4&-M


City of Rohnert Park, Calif4Application for Preliminary PermitAugust 6, 1981.

Take notice that the City of RohnertPark (Applicant) filed on.June 24, 1981,an application for preliminary permitIpursuant to the Federal Power Act, 16U.S.C. 791a}-825(r)] for Project No.4992 known as the Grouse Creek,Humboldt Project located on GrouseCreek uiHumboldt County, California.The application is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.Robert A. Lewis, City of Rohnert Park,6750 Commerce Boulevard, RohnertPark, California 95427.

Project Description-The projectwould consist of two facilities. TheUpper Facility would consist of: (1) a31-foot long, 5-foot high diversionstructure; (2) an 8,400-foot long diversionconduit; (3) a 1,300-foot long penstock,(4) a powerhouse with a total ratedcapacity of 1,000 kW: and (5) a 1.5-milelong transmission line. The LowerFacility would consist of: (1] a 96-footlong, 5-foot high diversion structure; (2)a 10,200-foot long diversion conduit; (3)a 800-foot long penstock, (4) apowerhouse with a total rated'capacityof 2,400 kW; and (5) a 0.5-mile longtransmission line.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. The

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Federal Register / VoL 46, No. 153 1 Monday. August 10, 1981 ] Notices

Applicant is seeking a 36-month permitto study the feasibility of constructingand operating the proposed project.

Competing Applications-Thisapplication was filed as a competingapplication to the Grouse Creek,Humboldt Project No. 4419 filed onMarch 25,1981. by ConsolidatedHydroelectric, Inc. under 18a CFR 4.33(1980). Public notice of the filing of theinitial application has already beengiven and the due date for filingcompeting applications or notices ofintert has passed. Therefore, no furthercompeting applications or notices ofintent to file competing applications willbe accepted for filing.

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from-theApplicant.) If an agency doe not filecomments within the time set below, itwill be presumed to have no comments.

Comments, Protests/or Petitions Tohatervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance -with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 11980).In determing the appropriate action totake, the Commission will -consider allprotests or other comments filed, butonly, those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protest, or petition'to intervene must bereceived on or before September 3, 1981.

Filing and Service of Respon iveDocuments-Any comments, protests, orpetitions to intervene must bear in all

.capital letters the title "COMMENTS"."PROTEST", or "PETITION TOINTERVENE", as applicable. Any ofthese filings must also state that it ismade in response to tlus notice ofapplication for preliminary permit forProject No. 4992. Any comments,protests, or petitions to intervene mustbe filed by providing the original andthose copies required by theCommission's regulations to: Kenrmeth F.Plumb, Secretary Federal EnergyRegulatory Commission, 825 NorthCapitol Street, NE., Washington, D.C.20426. An additional copy must be sentto: Fred E. Springer, Chief, ApplicationsBranch, Division of Hydropower -Licensing, Federal Energy RegulatoryCommission, 825 North Capitol Street,NE., Room 208 RB Building, Washington,D.C. 20426. A copy of any petition tointervene must also be served upon each

representative of the Applicant specifiedin the first paragraph of this notice.Kenneth F, Plumb,Secretary.

JFR Doc.5i-==ZFiled 3-7-f &4,5 am]BILUING CODE,545045-U


City of Pans, Ky.; Application ForPreliminary PermitAugust 7. 1981.

Take notice that the City of Pans.Kentucky fApplicant) filed onMay 19,1981, an application for preliminarypermit pursuant to the Federal PowerAct, 16 U.S.C. 791(a)--825fr)J for ProjectNo. 4693 known as the Kentucky RiverLock and Dam No. 8 located on theKentucky River in jessamine andGarrard Counties, Kentucky. Theapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.Kerby Burton, W. M. ILewis andAssociates, Inc., P.O. Box 1383,Portsmouth, Ohio 45662.

Project Description-The proposedproject would consist ofl 1) a proposedpowerhouse, located at the west end ofthe existing dam, containing twogenerating units rated at 10.4 MW eachfor a total installed capacity of 20.8 MW;(2j a proposed 1.5-miles, 69 kVtransmission line; and (3] appurtenant .facilities. Applicant would utilize anexisting dam owned by the U.S. ArmyCorps of Engineers and the Applicant'sfacilities would be located mostly onU.S. lands.

Applicant estimates that the averageannual energy output for the projectwould be 59.3 GWh.

ProposedScope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction.Applicant seeks issuance of apreliminary permit for a period of 24months to study the engineering,economic, and environmental feasibilityof the project, and prepare preliinnaryand final design plans. In addition,Federal, State, and local governmentagencies would be consulted concerningthe environmental effects of the project.

Applicant estimates the cost of hestudies would be $75,000.

Competing Applications-Thisapplication was filed as a competingapplication, to the Kentucky River Lockand Dam No. 8 Projects Nos. 3643, 3677,and 4281, filed on November 3, 1980,November .5, 1980, and March 2, 1981,respectively, by Continental HydroCorporation, Dam Eight Development,Lid, and ENERGENICS SYSTEMS, INC.,

under 18 CFR 4.33 (1980), Public noticeof the filing of the initial application hasalready been given and the due date forfiling -competing applications or noticesof intent has passed. Therefdre, nofurther competing applications ornotices of intent to file competingapplications will be accepted for filing.

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application,(A copy of the application may beobtained by agencies directly from theApplicant). If an agency does not file.comments within the time set below, Itwill be presumed to have no comments.

Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 18 or 1,10 (1080),In determining the appropriate action totake, the Commission will consider allprotests orother comments filed, butonly-those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any commn1s,protest, or petition to intervene must bereceived on or before September 4,19081.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS"i"PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary Federal Energy RegulatoryCommission, £25 North Capital Street,NE., Washington, D.C. 20420. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any petition to intervene mustalso be served upon eachrepresentativeof the Applicantspecified in the firstparagraph of flus notice.Kenneth F. Plumb,Secretary.[FR Doc. 81-23223 Filed 8-7-81:8:45 am]BILLING -CODE 6450-85-M

[Prolect No..5018-000]

Digital Equipment Corp.; Applicationfor Preliminary PermitAugust 6.1981.

Take notice that Digital EquipmentCorporation (Applicant) filed on June 20,1981 an application for preliminarypermit [pursuant to the Federal Power

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Federal Register / Vol. 46, No. 153 / Monday, August 10,1981 / Notices

Act, 16 U.S.C. 791(a]L--825(r)] for ProjectNo. 5018 known as the-mill Pond Projectlocated on the Assabet River in theTown of Maynard, Middlesex County,Massachusetts. The application is on filewith the Commission and is availablefor public inspection. Correspondencewith the Applicant should be directedto: Mr. Jason M. Co'tell, President, JasonM. Cortell and Associates Inc., 244Second Avenue, Waltham,Massachusetts 02154.

Project Description-The proposedproject would consist of the followingexisting facilities: (1) a 3-foot high, 100-foot long diversion dam; (2] a reservoirwith negligible storage capacity; (3) a1,750:foot long diversion canal; (4) a 10-foot high, 40-foot long mill pond dam; (5)a 12 acre mill pond with a storagecapacity of 130-acre-feet; (6) a mill pondoutlet structure; (7) a 49-foot longpenstock; [8) a powerhouse containing anew or reconditioned turbine-generatorwith a total rated capacity of 414 kW; (9)a 300-foot long sluiceway; and (1b]appurtenant facilities. The project wouldgenerate up to 1,400,000 kWh annually.Energy would be utilized by theApplicant for its on-site manufacturing.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. Thework proposed under the preliminarypermit would include economic analysis,preparation of preliminary engineeringplans, and a study of environmentalimpacts. Based on results of thesestudies, Applicant would decidewhether to proceed with more detailedstudies and the preparation of anapplication for license to construct andoperate the project. Applicant estimatesthat the cost of the work to beperformed under the preliminary permitwould be up to $72,000.

CompetingApplications-Anyonedesring to file a competing applicationmust-submit to the Commission, on orbefore October 9, 1981, either thecompeting application itself [See 18 CFR§ 4.33(a] and [d)(1980)] or a notice ofintent [See 18 CFR § 4.33(b) and(c)(1980)] to file a competing application.Submission of a timely notice of intentallows an interested person to file anacceptable competing application nolater than the time specified in § 4.33(c).


Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition to

intervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before October 9,1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COM)4MENTS","NOTICE OF INTENT TO FILECOMPETING APPLICATION""COMPETING APPLICATION"."PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,NE., Washington, D.C. 20426. Anadditional copy must be senf to: Fred E.Springer, Chief, Applications Banch,Division of Hydropower licensing,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any notice of intent, competingapplication, or petition to Intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of this notice.Kenneth F. Plumb,Secretary.IFR Doc. 81-2337 Filied &-7-81; 8:45 *m)BILNG CODE 6455-os-M


Donald E. Doss and Kenneth R.Whitmire; Application for PreliminaryPermitAugust 6. 1981.

Take notice that Donald E. Doss andKenneth R. Whitmire [Applicant) filedon June 29,1981, an application forpreliminary permit [pursuant to theFederal Power Act, 16 U.S.C. 791(a)--825(r)] for Project No. 4568 known asJerusalem Creek Power Project locatedon the Jerusalem Creek in ShastaCounty, California. The application is onfile with the Commission and isavailable for public inspection.Correspondence with the Applicantshould be directed to: Oscar Larson &Associates, P.O. Box 3806. Eureka,California 95501.

Project Description-The proposedproject would consist of: (1) an existing6-foot high diversion structure; (2) an

existing 2.3-mile long ditch; (3) a new1,650-foot long. 24-inch diameterpenstock serving-(4) a powerhouse tocontain one turbine-generating unit witha rated capacity of 900 kW; and (5)approximately 3.5 miles of 12-kVtransmission line to connect to apexisting Pacific Gas and ElectricCompany line.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant seeks issuance of a 24-monthto study the feasibility of constructingand operating the project.

Competing Applications-Anyonedesiring to file a competing applicationmust submit to the Commission, on orbefore October 9,1981, either thecompeting application itself [See 18 CFR4.33(a) and (d)(1980)] or a notice ofintent [See 18 CFR 4.33(b) and (c) (1980}1to file a competing application.Subnussion of a timely notice of intentallows an interested person 1o file anacceptable competing application nolater than the time specified m § 4.33(c).


Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or intervene in accordance withthe Comnssion's Rules may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before October 9,1981.

Filing and Service of ResponsiveDocuments-Any filings mustbear in allcapital letters the title "COMMENTS","NOTICE OF INTENT TO FILECOMPETING APPLICATION","COMPETING APPLICATION","PROTEST", or "PETITION TOINTERVENE", as applicable, and the -Project Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commssion'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,NE., Washington. D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,

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Federal Register I Vol. .46, No. -153 1 Monday, August 10, 1981 / Notices

Room 208 RB at the .aboveaddress. Acopy of any notice of intent, competingapplication, or petition to intervene mustalso be served upon each representativeof the Applicant specified m the firstparagraph of this notice.Kenneth F. Plumb,Secretary.IFR Doec. 81-2323 Filed 8-7-1:8:45 am]

BILLING COE 6450-5-U

[Project No. 4766-D00]

Energenics Systems, lnc.; Applicationfor Preliminary PermitAugust 9. 1981.

Take notice that Energenics Systems.Inc. (Applicant) filed on June 2. 1981 anapplication for preliminary permit[pursuant to the Federal Power Act. 16U.S.C.-791(a)--825(r)] for Project No.4760 known as the EL 68-Station135+76.24 Hydro-electric Projectlocated on the East Low Canal M AdamsCounty, Washington. The application ison file with the Commission and isavailable for public inspection.Correspondence with the Applicantshould be directed to:Mr. Thomas H.Clarke Jr., President EnergeiicsSystems. Inc, 1.727 Q Street, N.W..Washington, D.C. 20009.

Project Description-The projectwould consist of: (1) a gated intakestructure with trashracks; (2) a surfacepenstock: (3) a short tailrace; and (4) apower plant to contain one generatingunit with a rated capacity of 350 kW.The average annual energy output is 1.1million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant seeks issuance of apreliminary permit for a period of 36months dunng which it would conductengineering, environmental andeconomic feasibility studies and consultwith Federal. State and local agencies toprepare an application for an FERClicense. No new roads will be needed toconduct these studies. The estimatedcost of the proposed feasibility studiesand preparing an application for anFERC License is $30,000.

Competing Applications-Anyonedesiring to file a competing applicationmust submit to the Commission, on orbefore October.9,1981. either the -competing application itself (See 18 CFR4.33(a) and (d)(1980)] or a notice ofintent [See 18 CFR 4.33(b) and (c)(1980)]to file a competing application.Submission of a timely notice of intentallows an interested person to file anacceptable competing application nolater than the time specified m § ,4.33(c).

Agency Comments-Federal, State,and localagencies are invited to submitcomments on the described application.JA copy of the application may beobtained by agencies directly from theApplicant.j Ian agency does not filecomments within the time set below, itwill be presumed to have no-comments.

Comments, Protests, or Petitions Tointerene-Anyone may submitcomments, a protest, or a petition tointervene m accordance -with therequirements of the Rules of Practiceand -Procedure, 18 CFR .8 or L10 {1980).In determining the appropriate action totake, the Commission will consider allprotests or other cominents filed, butonly those who file a petition tointervene in accordance with theCommissions' Rules may become apartyto the proceeding. Any comments,protest, or petition to intervene must bereceived on or before October 9,198L

Filing andSe ice of ResponsiveDocuments--Any filings must bear mallcapital letters the title "COMMENTS"."NOTICEOF INTENT TO FILECOMPETING APPLICATION","COMPETING APPLICATION""PROTEST". or "PETITION TOINTERVENE". as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and those,copies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary. Federal Energy RegulatoryCommission, 825 North Capitol'Street.N.E., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Lcensing,Federal Energy Regulatory Cormmssion,Room 208 RB at the above address. Acopy of any notice of intent, competingapplication, or petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of this notice.Kenneth F Plumb,Secretary:(15A D=c 8i1-= 29 FA e -7-Bt ZA 5 Zmj

BILLING 0nE .ASi - -M


Hollingsworth and Vose Co.;Application "or Preliminary PermitAugust 6. 198L

Take notice that Hollingsworth andVose Company [Applicant) filed on May22. 1981. an application for preliminarypermit [pursuant to the Federal PowerAct, 16 U.S.C. 791(a)-8-Z5{r)] forJrojectNo. 4717 known as the West GrotonProject located on Squannacook River anthe Towns of Groton and Shirley.,

Middlesex County, Massachusetts, Theapplication is on file with theCommission and as available for publicinspection. Correspondence with theApplicant.should be directed to: MrRoland Kuehn, Hollingsworth und VoseCompany. 112 Washington Street, EastWalpole, Massachusetts 02032.

Project Description-The proposedproject would-consist of= (2) an existing14-foot high, 90-foot long, stone masonryand concrete dam; (2}a reservoir withnegligible storage capactity and asurface arep of 17 lo 20 acres; ,(3) anesting 68 to 79-inch high, 50 to 75-inchwide, 67-foot long rectangular penstock;(4) a new powerhouse containing asingle 320 kW turbine-generator unit: f5)a tailrace channel; (6) a transmissionline; and (7) appurtenant facilities. TheApplicant owns the project property.The output from the project would besold to Fitchburg Gas and ElectricCompany.

ProposedScope ofStudies'lnderPermit-A preliminary permit, if issued,does not authorizeconstruction. Thework proposed under the preliminarypermit would include economic analysis,preparation otpreliminary engineeringplans, and a study of environmentalimpacts. Based oon results of thesestudies, Applicant would decidewhether to proceed with more -detailedstudieg and the preparation of anapplication for license to construct andoperate the project. The cost of thestudies under the preliminary permit 'asbeen estimated by the Applicant lo be$01,000.

Competing Applications-Anyonedesiring to file a competing applicationmust submit to the Commission, on orbefore October 9,1981, either thecompeting application itself jSee 18 CFR4.33 Ia) and (d) 11980)] or a notice ofintent (See 18 CFR 4.33 1b) and (c)(1980)] to file a competing application.Submission of a timelynotice of Intentallows an interested person to rle anacceptable competing application nolater than the time specified in § 4.33c).

AgencyComments-Federal, State,and local agencaes are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from theApplicanL)if an agency does not filecomments within the time set below, Itwill be presumed to have no comments.

Comments, Protests, orPeitilons ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequrements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining'the appropriate action totake, the Commission &lll consider all

40568


protests or other comments filed, butonly those who file a petition tointervene in accordance with theComission's Rules may become aparty to the proceeding. Any comments,protest, or petition to intervene must bereceived on or before October 9,1981.

Filing and Service of ResponsiveDocuments-Any filings must-bear in allcapital letters the title "COMMENTS","NOTICE OFINTENT TO FILECOMPETING APPLICATION","COMPETING APPLICATION","PROTEST"', or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies reqmred by the Commission'sregulations to: Kenneth F. Plumb.Secrefary, Federal Energy RegulatoryComnumssion, 825 North Capitol Street,NE., Washington, D.C. 20426. Anadditional copy must be sent to: FredE.Springer, Chief, Applications Branch,Division of Hydropower Liceiising,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any notice of infent, competingapplication, or petition to intervene mustalso be served upon eaclirepresentativeof the Applicantspecified in the firstparagraph of this notice.Kenneth F. Plumb,Secretary.IFR Dac. 81-23240 Filed 8-7-M;8:45 am]BILUNGICODE 6450-85-M


Homestake Consulting & Investments,Inc., Notice of Application forPreliminary PermitAugust 7,1981.

Take notice that HomestakeConsulting & Investments, Inc.(Applicant) filed on une 2,1981, anapplication for preliminary permit[pursuant to the Federal Power Act, 16U.S.C. 791 (a}-825(r)] for Project No.4774 known as the Upper East RiverHydroelectric Project located on MiddleFork of EastRiver in Bonner County,Idaho. The application is on file with the

'Commission and is available for publicinspection. Correspondence with theApplicant-should be directed to: Mr.William H. Delp II, Independent PowerDevelopers, Inc., P.O. Box 1467, Noxon,Montana 59853.

Project Desciption-The proposedproject would consist of: (1) a three-foothigh diversion bamer, (2) an intakeorifice; (3) a settling tank; (4] a 2,600-footlong, 16-inch diameter penstock; (5) apowerhouse with total installed capacityof 75 kVi and (6) a 35,800-foot long

underground transmssion lineinterconnecting with an existingNorthern Lights, Inc. transmission line.The Applicant estimates that theaverage annual output would be 0.36million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant seeks issuance of a.preliminary permit for a period of 36months during which itwould conductengineering, hydrological andenvironmental studies; conduct surveys;and prepare FERC license application.No new roads are requlred forconducting these studies. The Applicantestimates that the cost of completingstudies is $3,750.' Competing Applications-Anyone

desiring to file a competing applicationmust submit to the Commission, on orbefore October 13, 1981, either thecompeting application itself [See 18 CFR4.33(a) and (d) (1980)] or a notice ofintent [See 18 CFR 4.33(b) and (c) (1980)]to file a competing application.Submission of a timely notice of intentallows an interested person to rile anacceptable competing application nolater than the time specified in § 4.33(c).

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from theApplicant.) If an agency does not filecomments within the time set below'itwill be presumed to have no comments.

Comments Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequiremenis of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commssion will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protests, or petitions to intervene mustbe received on or before October 13,1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","NOTICE OF INTENT TO FILECOMPETING APPLICATION","COMPETING APPLICATION","PROTEST"', or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy Regulatory

Commissioli, 825 North Capitol Street,NY_., Washington. D.Q. 2042. Anadditional copy must be sent to: Frea E.Springer, Chief, Applications Branch.Division of Hydropower Licensing,Federal Energy Regulatory Commission.Room 208 RB at the above address. Acopy of any notice of intent. competingapplication, or petition to intervene mustalso be servedupon each representafiveof the Applicant specified in the firstparagraph of the notice.Kenneth F. Plumb,Secretary.IFR Me, ai-234 Fled 8-7-81: &45 amlBILU'G CODE 6450-85-l


Homestake Consulting & Investments,1nc4 Application for Preliminary PermitAugust 7,1981.

Take notice that HomestakeConsulting & Investments, Inc.(Applicant) filed on June 2,1981, anapplication for preliminary permit[pursuant to the Federal Power Act 16U.S.C. 791(a-825(r}l for Project No.4773 known as the Uleda CreekHydroelectric Project located on UledaCreek in Bonner County. Idaho. Thiapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.William H. Delp II. Independent PowerDevelopers, Inc.. P.O. Box 1467. NoxonMontana 59853.

Project Description-The proposedproject would consist of: (1) a three-foothigh diversion bamer (2) an intakeorifice; (3) a settling tank; (4) a 5,700-footlong, 16-inch diameter penstock; (5] apowerhouse with total installed capacityof 200 kW; and (6) a 29,200-foot longunderground transmission lineinterconnecting with an existingNorthern Lights. Inc. transmission line.The Applicant estimates that theaverage annual output would be 0.73million kwh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued.does not authorize construction. TheApplicant seeks issuance of apreliminary permit for a period of 36months during which it would conductengineering, hydrological andenvironmental studies; conduct surveys;and prepare FERC license application.No new roads are required forconducting these studies. The Applicantestimates that the cost of completingstudies is S2,750.

Competing Applications-Anyonedesiring to file a competing applicationmust submit to the Commission, on or

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Federal Register / Vol. 46, No. 153 /' Monday, August 10, 1981 / Notices

before October 13, 1981, either thecompeting application itself [See 18 CFR4.33(a) and (d) (1980)] or or a notice ofintent [See 18 CFR 4.33(b] and (c)(1980)]to file a competing application.Submission of a timely notice of intentallows and interested person to file anacceptable competing application nolater than the time specified in § 4.33(c).


Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980).In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition toIntervene in accordance with theCommission's Rules may become aparty to the proceeding, Any comments,protests, or petitions to intervene mustbe received on or before October 13,1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","NOTICE OF INTENT TO FILECOMPETING APPLICATION","COMPETING APPLICATION","PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any of-the above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,N.E., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any notice of intent, competingapplication, or petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of this notice.Kenneth F. Plumb,Secretary.[FR Doe,. 01-232Z5 Flied 8-7-81:8:45 amI

BILUNG CODE 6450-85-M


Homestake Consulting & Investments,Inc.; Application for Preliminary Permit

August 7, 1981.

Take notice that HomestakeConsulting & Investments, Inc.(Applicant) filed on June 2,1981, anapplication for preliminary permit[pursuant to the FederalPower Act, 16U.S.C. 791(a)--825(r)] for Project No.4772 known as the Chicopee CreekHydroelectric Project located onChicopee Creek rn Bonner County,Idaho. The application is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.William H. Delp II, Independent PowerDevelopers, Inc., P.O. Box 1467, Noxon,Montana 59853.

Project Dbscription-The proposedproject would consist of: (1) a three-foothigh diversion barmer, (2) an intakeorifice; (3) a settling tank;,(4) a 1900-footlong, 12-inch diameter penstock; (5) a.powerhouse with total installed capacityof 100 kW; and (6) a 28,600-foot longunderground transmission lineinterconnecting with an existingNorthern Lights, Inc. transmission line.TheApplicant estimates that theaverage annual output would be 0.36million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant seeks issuance of apreliminary permit for a period of 36months during which it would conductengineering, hydrological andenvironmental studies; conduct surveys;and prepare FERC license application.No new roads are required forconducting these studies. The Applicantestimates that the cost of completingstudies is $2,950.

Competing Applications-Anyonedesiring to file a competing applicationmust submit to the Commission, on orbefore October 13,1981, either thecompeting application itself [See 18 CFR4.33 (a) and (d) (1980)] or a notice ofintent [see 18 CFR 4.33 (b) and (c) (1980)]to file a competing application.Submission of a timely notice of intentallows an interested person to file anacceptable competing application nolater than the time specified in § 4.33(c).


Comments, Protests, or Petitions ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene in, accordance with therequirements of the Rules'of Practlceand Procedure, 18 CFR 1.8 or 1.10 (1980),In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene r' accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protests, or petitions to intervene mustbe received on or before October 13,1981,

Filing and Service of ResponsiveDocuments-Any filings must bear In allcapital letters the title "COMMENTS","NOTICE OF INTENT TO FILECOMPETING APPLICATION","COMPETING APPLICATION","PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice, Any ofthe above nained documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F. Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,N.E., Washington, D.C. 20426. Anadditional copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any notice of intent, competingapplication, or petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of this notice,Kenneth F. Plumb,Secretary.[FR Doc. 81-23226 Fled 13-7-81 1:45 amIBILIUUG CODE 6450-S5-M

[Project No. 4771-000]Homestake Consulting & Investments,

Inc.; Application for Preliminary Permit

August 7,1981.Take notice that Homestake

Consulting & Invest nqnts, Inc.(Applicant) filed on June 2, 1981, anapplication for preliminary permit[pursuant to the Federal Power Act, 10U.S.C. 791(a)-825(r)] for Project No. 4771known as the Tarlac Creek Hydro-electric Project located on Tarlac Creekin Bonner County, Idaho. Theapplication is on file with theCommission and is available for publicinspection. Correspondence with theApplicant should be directed to: Mr.William H. Delp II, Independent Power

40570


Developers, Inc., P.O. Box 1467, Noxon,Montana 59853.

Project Description-The proposedproject would consist of: (1) a 3-foot highdiversion barrier, (2] an intake orifice;(3) a settling tank, (41 a 4,300-foot long,12-inch diameter penstock; (5] apowerhouse with total installed capacityof 100 kW; and (6] a 21,000 foot-long.underground transmission lineinterconnecting with an existingNorthern Lights, Inc. traninussion line.The Applicant estimates that theaverage annual output would be 0.35million kWh.

Proposed Scope of Studies UnderPermit-A preliminary permit, if issued,does not authorize construction. TheApplicant seeks issuance of apreliminary permit for a period of 36months during which it would conductengineering, hydrological and"environmental studies; conduct surveys;and prepare FERC license application.No new roads are required forconducting these studies. The Applicantestimates that the cost of completingstudies is $2,750.

Competing Applications-Anyonedesiring to file a competing applicationmust submit to the Commission, on orbefore October 13, 1981, either thecompeting application itself [See 18 CFR4.33 (a) and (d)(1980)] or a notice of-intent [See 18 CFR 4.33 (b) and (c)(1980)]to file a competing application.Subnssion of a timely notice of intentallows an interested person to file anacceptable competing application nolater than the time specified in § 4.33(c).

Agency Comments-Federal, State,and local agencies are invited to submitcomments on the described application.(A copy of the application may beobtained by agencies directly from theApplicant) If an agency does not filecomments within the time set below, itwill be presumed to have no comments.

Comments, Protests, or Petitions- ToIntervene-Anyone may submitcomments, a protest, or a petition tointervene m accordance with therequirements of the Rules of Practiceand Procedure, 18 CFR 1.8 or 1.10 (1980].In determining the appropriate action totake, the Commission will consider allprotests or other comments filed, butonly those who file a petition tointervene in accordance with theCommission's Rules may become aparty to the proceeding. Any comments,protests, or p-etitions to intervene mustbe received on or before October 13,1981.

Filing and Service of ResponsiveDocuments-Any filings must bear in allcapital letters the title "COMMENTS","NOTICE OF INTENT TO FILECOMPETING APPLICATION ' ,

"COMPETING APPLICATION","PROTEST", or "PETITION TOINTERVENE", as applicable, and theProject Number of this notice. Any ofthe above named documents must befiled by providing the original and thosecopies required by the Commission'sregulations to: Kenneth F Plumb,Secretary, Federal Energy RegulatoryCommission, 825 North Capitol Street,N.E., Washington, D.C. 2042. Anadditional'copy must be sent to: Fred E.Springer, Chief, Applications Branch,Division of Hydropower Licensing,Federal Energy Regulatory Commission,Room 208 RB at the above address. Acopy of any notice of intent, competing

.application, or petition to intervene mustalso be served upon each representativeof the Applicant specified in the firstparagraph of this notice.Kenneth F; Plumb,Secretary.FR Doc. 68-2= Fied 8-7-81; 45 a=SILUNG CODE 645085-

[Docket No. ST81-251-0011

Liberty Natural'Gas Co4.Appllcationfor Approval of Rates

August 6,1981.Take notice that on June 24,1981,

Liberty Natural Gas Company(Applicant), 906 Capital Bank Building,5307 East Mbckingbird Lane, Dallas,Texas 75206, filed in Docket No. ST81-251-001 an application for approvalpursuant to Part 284 of the CommissionRegulations of rates to be charged forthe transportation of natural gas onbehalf of Tennessee Gas PipelineCompany, a Division of Tenneco Inc.(Tennessee) and United Gas Pipe LineCompany (United), all as more fully setforth in the application which is on filewith the Commission and open to publicinspection.

Applicant proposes to transport thenatural gas for United and Tennesseevia its Linc System wich was placed in.service on March 30,1981, primarily totransport sweet natural gas forIntratexGas Company (Intratex), an intrastatepipeline company. It is stated that thegas would be transported for Tennesseeand United pursuant to gastransportation agreements dated March18, 1981, and March 27,1981,respectively. It is further stated that forboth Tennessee and United, Applicanthas elected to use the same rate fortransportation services that it negotiatedwith Intratex 18.0 cents per million Bturedelivered at the southern terminus ofthe Linc System subject to adjustment.

Applicant avers that it also owns andoperates approximately 5 miles of 4-inch

and 6-inch pipeline and related facilitiesthat are used to gather gas purchased byTennessee at the wellhead for deliveryto the Linc System under the agreementwith Tennessee. Applicant states that itcharges Tennessee 4.0 cents per millionBtu for all gas gathered and delivered tothe linc System for furthertransportation subject to adjustment.

Applicant proposes to charge 18.0cents per million Btu from March 31,1981, to June 30,1981, and 19.80 centsper million Btu for the period from July1,1981, through June 30,1982, for all gastransported through the Linc System andredelivered at its southern terminus toOasis Pipe Line Company and 4.0 centsper million Btu for all gas gathered atthe wellhead for Tennessee for deliveryto the Linc System for furthertransportation.

Applicant asserts that its cost ofgathering gas for Tennessee is 10.35cents per million Btu and that its cost oftransporting gas for Intratex, Tennesseeand United in the Linc System is 22.01cents per million Btu.

Any person desiring to be heard or iomake any protest with reference to saidapplication should on or before August27,1981, file with the Federal EnergyRegulatory Commission, Washington.D.C. 20426, a petition to intervene or aprotest in accordance with therequirements of the Comnision's Rulesof Practice and Procedure (18 CFR 1.8 or1.10). All protests filed with theCommission will be considered by it indetermining the appropriate action to betaken but will not serve to make theprotestants parties to the proceeding.Any person wishing to become a partyto a proceeding or to participate asaparty in any hearing therein must file apetition to intervene in accordance withthe Comnmssion's Rules.Kenneth F. Plumb,Secretary.IFR D= 8235 Filed 87-81:&43 am)BILLM COoE 6450-M,

[Drocket No. CP81-422-000]

Locust Ridge Gas Co.; Application

August 6. 1981.Take notice that on July 17,1981,

Locust Ridge Gas Company (Applicant],Southwest Freeway, Suite 320, Houston,Texas 77027, filed in Docket No. CP81-422-000 an application pursuant toSection 7 of the Natural Gas Act andSection 157.7(g) of the Regulationsthereunder (18 CFR 157.7(g)) for acertificate of public convenience andnecessity authorizing the construction,and for permission and approval toabandon for the 12-month period

40571


commencing the date of the order andoperation of various field compressionand related metering and appurtenantfacilities, all as more fully set forth inthe application which is on file with theCommission and open to publicinspection.

The stated purpose of this budget-typeapplication is to enable Applicant to actwith reasonable dispatch in constructingand abandoning facilities which wouldnot result in. changing Applicant'ssystem salable capacity or sevice fromthat authorized prior to the filing of theinstant application.

Applicant states that the total cost ofthe proposed construction andabandonment under Section 157.7(g)would not exceed $935,000 which wouldbe financed through use of internally-generated funds and borrowing.Applicant, therefore, requests waiver ofthe tolal cost limitations of $500,000.Applibant states that construction costshave increased due to inflation.

Any person desiring to be heard or tomake any protest with reference to saidapplication should on or before August27, 1981, file with the Federal EnergyRegulatory Commission, Washington,D.C. 20426, a petition to intervene or aprotest in accordance with therequirements of the Commission's Rulesof Practice and Procedure (18 CFR 1.8 or1.10) and the Regulations under theNatural Gas Act (18 CFR 157.10). Allprotests filed with the Commission willbe considered by it in determining theappropriate action to be taken but willnot serve to make the protestantsparties to the proceeding. Any personwishing to become a party to aproceeding or to participate as a party inany hearing therein must file a petitionto intervene in accordance with-theCommission's Rules.

Take further notice that; pursuant tothe authority contained in and subject tothe jurisdiction conferred upon theFederal Energy Regulatory Commissionby Sections 7 and 15 of the Natural GasAct and the Commilsion's Rules ofPractice and Procedure, a hearing willbe held without further notice before theCommission or its designee on thisapplication if no petition to intervene isfiled within the time required herein, ifthe Commission on its own-review of thematter finds that a grant of thecertificate and permission and approvalfor the proposed abandonment arerequired by the public convenience andnecessity. If a petition for leave tointervene is timely filed, or if theCommission on its own motion believesthat a formal hearing is required, furthernotice of such hearing will be dulygiven.

Under the procedure herein providedfor, unless otherwise advised, it will beunnecessary for Applicant to appear orbe represented at the hearing.Kenneth F. Plumb,Secretary.IFR Doc. 8-232 Fied 8-7--; SA5 amlBI=KN CODE 5496-05-M

[Docket No. CP81-423-000]

Locust Ridge Gas Co.; ApplicationAugust 6,1981.

Take notice that on July 17, 1981,Locust Ridge Gas Company (Applicant),4100 Southwest Freeway, Suite 320,Houston, Texas 77027, filed in DocketNo. CP81-423-000 an applicationpursuant to Section 7(c) of the NaturalGas Act and § 157.7(c) of theRegulations thereunder (18 CFR 157.7(c)for a certificate of public convenienceand necessity authorizing the.construction, during the 12-month periodcommencing the date the order issues,and operation of facilities to makemiscellaneous rearrangements on itssystem, all as more fully set forth in theapplication which is on file with theCommission and open to publicinspection.

The stated purpose of this budget-typeapplication is to augment Applicant'sability to act with reasonable dispatchin making miscellaneousrearrangements which would not resultm any material change in thetransportation and sales servicepresently rendered by Applicant.-, Applicant states that the total cost ofthe proposed facilities would not exceed$289,640 which would be financedthrough use of internally-generatedfunds and borrowing. Applicant,therefore, requests waiver of the totalcost limitation of $100,000. Applicantstates that construction costs haveincreased due to inflation.

Any person desiring to be heard or tomake any protest with reference to saidapplication should on or before August27, 1981, file with the Federal EnergyRegulatory Comnussion, Washington,D.C. 20426, a petition to intervene or aprotest in accordance with therequirements of the Commission's Rulesof Practice and Procedure (18 CFR 1.8 or1.10) and the Regulations under theNatural Gas Act (18 CFR 157.10). Allprotests filed with the Commission willbe considered by it in determining theappropriate action to be taken but willnot serve to make the protestantsparties to the proceeding. Any personwishing to become a party to aproceeding or to participate as a party inany hearing therein must file a petition

I I

40572

to intervene in accordance with theCommission's Rules.

Take further notice that, pursuant tothe authority contained In and subject tojurisdiction conferred upon the FederalEnergy Regulatory Commission bySections 7 and 15 of the Natural Gas Actand the Commission's Rules of Practiceand Procedure, a hearing will be heldwithout further notice before theCommission or its designee on thisapplication if no petition to intervene isfiled within the time required herein, ifthe Commission on its own review of thematter finds that a grant of thecertificate is required by the publicconvenience and necessity. If a petitionfor leave to Intervene is timely filed, or ifthe Commission on its own motionbelieves that a formal hearing isrequired, further notice of such hearingwill be duly given.

Under the procedure herein providedfor, unless otherwise advised, it will beunnecessary for Applicant to appear orbe represented at the hearing.Kenneth F. Plumb,Secretary.wrF Doe. o--2323o Fid -7-i; &40: am]BILLING CODE 450-8"

[Project No. 4609-0001

New Hampshire Wood Products Co.,Inc.; Application for Exemption fromLicensing of a Small HydroelectricProject of 5 Megawatts or LessAugust 8, 1981.

Take notice that the New HampshireWood Products Comparny, Inc., filedwith the Federal Energy RegulatoryCommission on April 30, 1981, anapplication for exemption for itsAmmonoosuc River Dam Project No.4609-000 from all or part of Part I of theFederal Power Act pursuant to 18 CFRPart 4 subpart K (1980) implementing inpart section 408 of the Energy SecurityAct of 1 98 0.1 The proposed projectwould be located on the AmmonoosuoRiver in Grafton County, NewHampshire. Correspondence with theApplicant should be directed to: Mr.Charles M. Diamond, New HampshireWood Products Company, Inc., Box A,Bath, New Hampshire 03740.

Project Description--The projectwould consist of the following.existingworks: (1) the Ammonoosuc River Dam,having a height of 25 feet and a length of365 feet; (2) a 24-acre reservoir; (3) apowerhouse with an installed capacity

'Pub. Law 96-294,94 Stat. 611. Section 408 of theESA amends inoralla, Sectlons 405 and 400 of thePublic Utility Regulatory Policies Act of 197 (10U.S.C. § §2705 and 2708).

Federal Register / VoL 46, No. 153 / Monday, August 10, 1981 / Notices

of 300 kW (currently inoperative); and(4) appurtenant works

The project has been out of operationsince 1969. The Applicant proposes torehabilitate the dam and-generaingequipment.

The project would have an averageannual net generation of approximately1,700,000 kWh per year. Project energywould be sold to the Central VermontElectric Company.

Purpose of Exemption-Anexemption, if issued, gives the Exempteepriority of control, development andoperation of the project under the termsof the exemption from licensing, andprotects the Exemptee from permit orlicense applicants that would seek totake or develop the project.

Agency Comments-Federal, State,and local agencies that receive thisnotice- through direct mailing from theCommission are invited to submitcomments on the described applicationfor preliminary permit (A copy of theapplication may be obtained directlyfrom the Applicant.) Comments shouldbe confined to substantive issuesrelevant to the issuance of a permit andconsistent with thepurpose of a permitas described in this notice. No otherformal request for comments will bemade. If an agency does not filecomments within 60 days of the date ofissuance of this notice, it will bepresumed to have no comments.

Competing Applications-Anyqualified license applicant desiring tofile a competing application must submitto the Commission, on or beforeSeptember 18, 1981, either a competinglicense application that proposes todevelop atleast 7.5 megawatts in thatproject, or a notice of intent to file sucha license application. Submission of atimely-notice of intent allows aninterested person to file the competinglicense-application no later than January18,1982. Applications for a preliminary

•permit will not be accepted. A notice ofintent must conform with therequirements of 18 CFR 4.33(b) and (c)(1980). A competing license applicationmust conform with-the requirements of18 CFR 4.33(a) and (d) (1980).

Comments, Protests, or Petitions ToIntervene-Anyone desiring to be heardor to make any protests about thisapplication should file a petition tointervene-or a protest with theCommi sion; in accordance with therequirements of its Rules of Practice andProcedure, 18 CFR 1,8 or § 1.10 (1980).Comments not in the nature of a protestmay also be submitted by conforming tothe procedures specified in § 1.10 forprotests. In determining the appropriateaction to take,.the Commission will

consider all protests or other commentsfiled, but a person who merely files aprotest or comments does not become aparty to the proceeding. To become aparty, or to participate m any hearn, aperson must file a petition to intervenein accordance with the Commssion'sRules. Any comments, protest, orpetition to intervene must be receivedon or before September 18, 1981.

Filing and Service ofResponsiveDocuments-Any comments, protests, orpetitions to intervene must bear m allcapital letters the title "COMMENTS"."PROTEST", or "PETITION TOINTERVENE", as applicable. Any ofthese filings must also state that it ismade in response to this notice ofapplication for preliminary permit forProject No. 4609. Any comments,protests, or petitions to intervene mustbe filed by providing the original andthose copies required by theCommission's regulations to: Kenneth F.Plumb,,Secretary, Federal.EnergyRegulatory Commission, 825 NorthCapitol Street. NE., Washington, D.C.20426. An additional copy must be sentto: Fred E. Springer, Chief, ApplicationsBranch, Division of HydropowerLicensing, Federal Energy RegulatoryCommission, 825 North Capitol Street,NE., Room 208 RB Building, Washington,D.C. 20426. A copy of any petition tointervene must also be served upon eachrepresentative of the Applicant specifiedin the first paragraph of this notice.Kenneth F. Plumb,Secretary.[FR Doc. 81-=12 Filed 8-7-Mr8-45 m]BILLING CODE 645045-M

[Docket No. CP81-405-000]

Tennessee Gas Pipeline Co. a Divisionof Tenneco lnc4 ApplicationAugust 6, 1981.

Take notice that on July 8.1981,Tennessee Gas Pipeline Company, aDivision of Tenneco Inc. (Applicant),P.O. Box 2511, Houston, Texas 77001,filed in Docket No. CP81-405-00 anapplication pursuant to Section 7(c) ofthe Natural Gas Act for a certificate ofpublic convemence and necessityauthorizing the construction andoperation of certain pipeline and-appurtenant facilities in GuernseyCounty, Ohio, all as more fully set forthin the application which is on file withthe Commission and open to publicinspection.

Applicant proposes to construct andoperate approximately 10.8 miles of 6%-inch O.D. pipeline extending from a

point on Towner Petroleum Company's(Towner) gathering system toApplicant's mainline system nearMLV210 + 7.0. and a 1,200 horsepowercompressor station in Section 18,Madison Township, Guernsey County,Ohio. Applicant further proposes toinstall and operate certain appurtenantfacilities. It is stated that the estimatedtotal cost of all of the proposed facilitiesis approximately $4,477,000 which costswould be financed initially from generalfunds and/or borrowings underApplicants revolving credit agreements.

Applicant states that the installationof the proposed facilities would make45,200.000 Mcf of dry gas reserveshaving a deliverability of up to 8,800 Mcfper day available to Applicant's system.It is stated that the reserves in. theGuernsey and South Richland Fields inNoble and Guernsey Counties, Oio, arecommitted to Applicant under a contractwith Towner.

Applicant asserts that the gas whichwould become available upon thecompletion of the above-referencedfacilities would aid Applicant inmaintaining adequate and reliablenatural gas service to its customers.

Any person desiring to be heard ortomake any protestwith reference to saidapplication should on or before August27,1981, file with the Federal EnergyRegulatory Commission, Washington,D.C. 20426, a petition to intervene or aprotest in accordance with therequirements of the Commission!s Rulesof Practice and Procedure (18 CFR1.8 or1.10) and the Regulations under theNatural Gas Act (18 CFR 157.10). Allprotests filed with the Commission willbe considered by it in determining theappropriate action to be taken but willnot serve to make the protestantsparties to the proceeding. Any personwishinf'to become a party to aproceeding or to participate as a party inany hearing therein must file a petitionto intervene in accordance with theCommission's Rules.

Take further notice that. pursuant tothe authority contained in and subject tothe jurisdiction conferred upon theFederal Energy Regulatory Commissionby Sections 7 and 15 of the Natural GasAct and the Commission's Rules ofPractice and Procedure, a hearing willbe held without further notice before theCommission or its designee on thisapplication if no petition to intervene isfiled within the time reqmred herein, ifthe Commission on its own review of thematter finds that a grant of thecertificate is required by the publicconvenience and necessity. If a petitionfor leave to intervene is timely filed, or if

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Federal Register / Vol. 46, No 153 / Menday, August 10, 1981 / Notices

the Commission on its own motionbelieves that a formal hearing isrequired, further notice of such hearingwill be duly given.

Under the procedure herein providedfor, unless otherwise advised, it will beunnecessary for Applicant to appear orbe represented at the hearing.Kenneth F. Plumb,Secretary.(FR Doc. 81-03231 Filed B-7-81: &45 aml

BILWIJ CODE 6450-85-M

[Docket No. ER81-633-000]

Washington Water Power Co., Filing

Auspst 3,1981, AThe filing Company submits the

following-Take notice that on July 27, 1981, The

Washington Water Power Company-(Washington) tendered for filing copiesof a service schedule dated June 1, 1980,between Washington and SouthernCalifornia Edison Company (Edison),which applies to the exchange ofcapacity between the two companies.Washington shall provide summercapacity to Edison and receive fromEdison and equal amount of wintercapacity. Any energy associated witbthe capacity deliveries remaining as ofMarch 1 of any year shall be deliveredby the owing party within three months.

Washington requests that therequiiements of prior notice be waivedand the effective date be maderetroactive to June 1, 1980, adding thatthere would be no effect uponpurchasers under other rate schedules.

-Any person desiring to be heard or toprotest said filing should file a petitionto intervene or protest with the FederalEnergy Regulatory Commission, 825 -North Capitol Street, N.E., Washington,D.C. 20426, in accordance with §§ 1.8and'1.10 of the Commission's Rules ofPractice and Procedure (18 CFR 1.8,1.10). All such petitions or protestsshould be filed on or before August 24,1981. Protests will be considered by theComnussion in determining theappropriate action to be taken, but willnot serve to make protestants parties tothe proceeding, Any person wishing tobecome a party must file a petition tointervene. Copies of this filing are on filewith the Commission and are availablefor public inspection.Kenneth F. Plumb,Secretary.[FR noc. 81-W232 Filed 8-7-8;&45 am].


Western Area Power Administration

Announcement of ProposedGuidelines and Acceptance Criteria forCustomer Conservation andRenewable Energy Programs andComment Forum

AGENCY: Western Area PowerAdministration, DOE.ACTION: Proposed guidelines and noticeof public comment forum.

SUMMARY: The Western Area PowerAdministration (Western) is developingGuidelines and Acceptance Criteria forCustomer Conservation and RenewableEnergy Programs. Western's majorobjectives are increased energyproduction from renewable resources,reduced dependence on foreign oil,improved efficiency m energyutilization, and reduced energyconsumption..

The overall program approachrecognizes individual customer needsand capabilities and will acknowledgepresent and past accomplishments m theareas of conservation and renewableenergy. Customers are given primaryresponsibility for developing andimplementing programs to meet energyproduction and energy conservationgoals. The proposed Guidelines andAcceptance Criteria will beimplemented through contract articles orother formal agreements betweenWestern and its customers.

The customer's program submissionmust supply a description of the specificprogram content, which is a listing ofproposed activities. Western willprovide a list of suggested activities forcustomer consideration.

Western will give full or partial creditfor programs required by other entitiesthat meet the requirements of thisprogram.

Acceptance criteria for the customerprograms are based on the customer'sclassification (i.e., cooperative, investor-owned utility, etc.). The customer'sprogram will be evaluated as a wholebut will be required to contain a

nmmum number of program activities.Customers may offer substitutes forlisted activities if problems develop orcircumstances warrant. Western willalso provide technical assistance toresolve programmatic problems.

Western's review process forcustomer submissions will consistof thefollowing elements:

1. Publishing final "Guidelines andAcceptance Criteria."

2. Providing technical assistance to'customers.

3. Customer program submissionwithin I year after a contract or letteragreement signed.

4. Review of customer submissions,5. Answer customer questions and

provide necessary assistance.6. Review accepted programs.Western, will also Include the option

for customers to appeal programacceptability.

A public comment forum is scheduledto be held to allow interested persons anopportunity to make oral or writtencomments regarding the proposedGuidelines and Acceptance Criteria,DATES: A public comment forum will beheld on August 27, 1981, beginning at 9a.m. in room 269, Main Post OfficeBuilding, 1823 Stout Street, Denver,Colorado 80202.

Written comments must be receivedby September 9, 1981 to be assured ofconsideration. Written comments shouldbe sent to the appropriate Western AreaOffice or to the address below.ADDRESS: To submit written commentsand for further information concerningthe proposed Guidelines andAcceptance Criteria or the publiccomment forum, contact: Mr. Joe D, Hall,Conservation Officer, Western AreaPower Administration, Department ofEnergy, P.O. Box 3402, Golden, CO80401, (303) 231-7440.SUPPLEMENTARY INFORMATION

Authority

The rules are being developedpursuant to Western's authority grantedunder the Department of EnergyOrganization Act (42 U.S.C, 7101 ot seq.)and under Reclamation law, Act ofCongress approved June 17, 190Z (32Stat, 388) and acts amendatory thereofor supplementary thereto, in particularsection 9(c) of the Reclamation ProjectAct of 1939 (43 U.S.C. 485h(c)).

Determination Under Executive Order12291

Pursuant t6 Executive Order 12291 ofFebruary 17, 1981, (46 FR 13193,February 19, 1981) each agency is todetermine whether a rule it intends topropose is a "major rule." Western hasdetermined that for purposes ofExecutive Order 12291, the proposedGuidelines and Acceptance Criteria forCustomer Conservation and RenewableEnergy Programs is not a major rulebecause:

1. It will not have an annual effect onthe economy of $100 million or more;

2. It will not result in a major increasein cost or prices for consumers,individual industries, Federal, State, or

I I40574


local government agencies, orgeographic regions; or

3. It will not have significant adverseeffects on competition, employment,investment, productivity, innovation, oron the ability of United States-basedenterprises to compete with foreign-based enterprises in domestic or exportmarkets.

This rule has been exempted fromsections 3,4, and 7 of Execitive Order12291. However, this proposedfulemakng was submitted to the Officeof Management and budgetprior topublication in the Federal Register.

Regulatory Flexibility Analysis

Pursuant to the Regulatory FlexibilityAct of 1980 (5 U.S.C. 601 et seq.), eachagency, when required by,5 U.S.C..topublish a proposed rule is furtherrequired to prepare andmake availablefor public comment an initial regulatoryflexibility analysis to describe theimpact of the proposed rule on smallentities. Western has determined that (1)a substantial number of small entitieswill not be affected as Western'scustomers represent a relatively smallnumber of entities in the United States,and (2) the impacts of this program willnot cause an adverse economic impacton the participating customers or smallentities located within their serviceareas. The requirements of the Act canbe waived if the head of the agencycertifies that the rule will not, if_promulgated, have a significanteconomic impact on a substantialnumber of small entities. For the reasonscited above, the Administrator ofWestern hereby bertifies by signing thisnotice that the pioposed Guidelines andAcceptance Criteria will not, ifpromulgated, have a significanteconomic impact on a substantialnumber of-small entities. A copy of thisnotice is being provided to the ChiefCounsel of the Small BusinessAdnuistration.

National Environmental Policy Act

Pursuant to the provisions of theNational Environmental Policy Act of1970 (42 U.S.C. 4321 et seq.), all agenciesof the Federal Government shall includein every recommendation or report onproposals for legislation and other majorFederal actions significantly affectingthe quality of the human environment adetailed statement by the responsibleofficial.

It appears to Western that theproposed Guidelines and AcceptanceCriteria will not, of themselves, causesignificant direct environmentalimpactsor adversely affect the quality of thehuman environment.

Paperwork Reduction ActPursuant to the provisions of the

Paperwork Reduction Act of 1980,Western is seeking clearance for thecollection of information under theserules from the Office of Managementand Budget and the Department 6fEnergy, Energy InformationAdmimstration. A copy of theseproposed rules has been sent to theOffice of Management and Budget priorto publication in the Federal Register.

Guidelines and Acceptance Criteria-Customer Conservation and RenewableEnergy Programs

ObjectivesThese guidelines are provided by the

Western Area Power Administration(Western) to set forth the approach,responsibilities, program content, andreview and acceptance process forcustomer development andimplementation of conservation andrenewable energy programs.

Such customer programs, coupledwith Western's own conservation andrenewable energy efforts, are intendedto help achieve one or more of thefollowing objectives:

o Increased energy production fromrenewable resources.

* Reduced United States dependenceon imported oil.

o Improved efficiency in energyutilization.

o Reduced energy consumption.

ApproachWestern's overall program approach

recognizes the different needs andabilities of each of its customers.acknowledges past and presentaccomplishments in the areas ofconservation and renewable energydevelopment, and involves acooperative effort in developing andimplementing individual customerprograms. It isWestern's intent thatthese program requirements do notcause undue hardship or bureaucraticred tape for its customers. Toaccomplish this goal, Western is usingthe approach of having each customerselect and implement those programactivities that it believes will helpachieve the above-stated objectives.

ResponsibilitiesWestern's customers have primary

responsibility for developing andimplementing programs to increaseenergy production via renewableresources and/or to directly encourageconsumers to conserve energy. Animportant step in meeting thisresponsibility is preparation of aprogram document that describes the

initiatives and/or activities that thecustomer organization is already doingor will undertake.

Western's basic requiremenftis thateach customer which benefits from along-term allocation of Federal powerwill have its own ongoing conservationand renewable energy program. If such a-program is already developed andincludes the specified minimum numberof activities from the listing in appendixA, Western will review the customer'sprogram for acceptance. If not, aprogram should be developed forsubmission to Western that meets theneeds of the particular customerorganization. Western will providetechnical assistance as requested forsuch program development within itscapabilities.

Western also recognizes that some ofits customers may already beresponding to a variety of Federal, Stateand other programs that apply toconservation and renewable energydevelopment. In order to avoidduplication of effort, customers mayreceive full or partial program credit(s)for ongoing activities.

Western will review and may modifyits "Guidelines and AcceptanceCriteria" document on its own behalf orupon receipt of formal customerrequests. Western's review and possiblemodification would occur at intervals ofnot less than 3 years. Such modificationswould be fully coordinated withWestern's customers and, if determinedto be necessairy, would be processedthrough public participation procedures.

Program Content

The most important element of acustomer's program documentsubmission is the description of specificprogram conteit. Such content isessentially a listing of ongong orproposed activities that, as a set,describe the customer's total program.Western suggests consideration of thefollowing items as part of thisdescription:

a. Statements adopted by the -customer's governing body regardingformal conservation and/or renewableenergy policies and objectives.

b. Designated contact person(s) withinthe customer's organization who isresponsible for program developmentand implementation.

c. Ongoing customer programactivities directed at increasmg the useof renewable energy resources,increasing the efficient utilization ofenergy, or reducing the growth of energyconsumption (see appendix A).

d. Customer plans and/or schedulesfor continuing the above-stated

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Federal Register J Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

activities and/or initiating newactivities (see appendix A).

e. Customer methods for determiningsuccessful program accomplishment,

f. Documents prepared for otherFederal, State, and/or local agenciesthat could be submitted in lieu of orsupplemental to Western's requestedinformation.

g. Adequacy of assistance beingreceived from other Federal, State, and/or local agencies and organizations.Also, specific areas where a customerfeels that assistance is needed from,Western.

h. Additional data/information that acustomer desires to be included as partof its program description.

Suggested Program Reporting Format

\ The example report formats providedIn appendix B are suggested forcustomer use in describing theirprogram. These formats are intended toallow customers to briefly describe thegeneral nature and direction of theirprogram, as well as their specificprogram content. Western recognizesthat some customers are alreadysubmitting reports to othergovernmental agencies pertaining totheir ongoing conservation andrenewable energy activities. If acustomer's existing reporting formatsalready include the desired informationdescribing their program, such formatsmay be substituted for those suggestedin appendix B. Customers are expectedto verify continuation and progressregarding previously accepted programactivities and repprt significant changesin their program content.

Acceptance Criteria

Customer program acceptance criteriaare defined as a set of m mumprogram activities that will be reviewedby Western in its acceptance process ofa customer's conservation andrenewable energy program; submitted inaccordance with applicable contractualarticles and/or other formal agreements.Program development andimplementation prior to execution ofsuch articles or formal agreements isencouraged, but is not mandatory. Acustomer's program will'be reviewed asa whole, based on an indicated goodfaith effort. However, in order to providean objective basis for consistency,Western requires that a customer'sprogram include a minimum number of'ongonmg/planned program activitiesselected from the listing in appendix Aas follows:

Type of customerI

MinI-mum

number01

activi-ties

coperatives . - 3Munia.paeitiess_ 3Public UtIfity Dtct..________ 3FederaflState Agences........ -...... 3Investor-Owned Utlities-.. _ 3Parent-Type Entities and the Distribution Men.

bers (I.e., Generation and Transmission Whole-salers and ther Members, etr) 3

Imgation DLstcts .. . -

Notes:&The term "cistomer" refers to an entity that has a irmn

power contract and its member systems, f any. that recerethe benefits of Federal power.

'Three (3) activbtes U an Imgation District performs mutt1-pIe utility, functions (i.e., residential servce, other utility re-sparosibiles. etc.).

If customers believe that they havesufficient justification (i.e., economic,technical, net benefits, costeffectiveness, etc.) to warrantconsideration by Western, they mayoffer substitutions to the activities listedin appendix A, request deferred activityimplementation, or request programcredit(s). Western will provide technicalassistance to resolve individualproblems.

Program activities accepted byWestern will be unplemented andremain in effect until customer initiatedchanges are requested and subsequentlyaccepted by Western.

Western's Review.andAcceptanceProcess

The process for publication, submittal,and review of draft and/or finalconservation and renewable energyprograms will be as follows:

a. Western will publish final customer"Guidelines and Acceptance Criteria" mthe near future after due considerationof comments to this draft.

b. Within its capabilities, Westernwill provide technical assistance uponrequest to help customers prepare andimplemnent their programs in accordancewith-published "Guidelines andAcceptance Criteria."

c. Customers will submit theirprogrirns to the appropriate WesternArea Office within 1 year after acontract or letter agreement is signed.

d. Western will review customerprogram submissions in accordancewith Acceptance Criteria within 3months of receipt and decide on overallprogram acceptability. This process mayinclude oral or written communicationand possible visits to a customer'sheadquarters or other program activitylocations.

e. During the entire customer programdevelopment submission, andacceptance cycle; Western will beavailable to answer customer questionsand provide assistance to expedite

program development, acceptance, andimplementation.

f.rWestern will work cooperatively ona continuing basis as customersimplement their accepted programs toreduce the need for reports andpaperwork. Accepted programs aresubject to onsite reviews uponreasonable notice by Western (ie., 2weeks or more).

Administrative Appeal Procedures

If a customer disagrees withWestern's determination of theacceptability of its submitted program,progress reports, requested programchanges, or other items, the customermay request reconsideration by filing awritten appeal with the appropriateWestern Area Office. Appeals may besubmitted any time that such adisagreement should occur. They shouldbe specific as to the nature of thedisagreement, the reasons why thecustomer disagrees, and any otherpertinent facts which the customer feelsshould be brought to Western'sattention. If a customer's disagreementcannot be resolved at the Western AreaOffice level, appeal may then be madeto the Administrator of Western.

Appendix A-Customer Conservation andRenewable Energy Activity Listing

The following list df programactivities or initiatives is provided forcustomer consideration as Western-accepted program activities, Variousnumbers of these activities must beincluded as part of a customer's programbased on classification as a particulartype of customer as previously stated Inthe Acceptance Criteria. Selected,activities may come from a signedcategory or a combination thereof,Category "A"Energy Conservation Activities* Home energy conservation programs;

which may include such technologies as:Boiler, Furnace, AC retrofittingWeatherization (home or utility)

Storm windows/doorsInsulation of air ducts, boilers, pipes, etc,Heat reflective/absorbing window/floot

material, etc.Clock thermostatsElectrical or mechanical Ignition systemsHeat pumps" Energy audits" Load management devices/systems" Scrap and waste reclamation" Waste heat recovery" Lighting redesign and management" Power-factor correction" Electric motor replacement" Rephasing operations to reduce energy

consumption" Cogeneration projects

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Federal Register / Vol. 46, No. 153'/ Monday, August 10, 1981 / Notices

" Improved boiler and equipmentmaintenance

" Better sizing of boilers and/or equipment" Installation of energy storage equipment" Information dissemination programs" Economic assessment studies for

conservation* Development of energy efficiency awards

.program" Equipment inspection programs" Building plan review/service programs" Conseration grants* Conservation demonstration projects" Installation arrangements/assistance* Upgrading of transmission lines and/or

substation equipment" Information programs" Techmcal assistance to consumers" Listing services for suppliers/lenders" Other energy conservation activities

Category "B"

Renewable Energy Activities" Solar thermal/photovoltacis projects" Active solar installations" Passive solar installations" Small/large-scale wind turbine -

installations" Biomass/refuse-denved fuels projects" Small-scale hydroelectric projects" Geothermal projects" Wind measurement/recording equipment" Interconnection services to remote

renewable resource facilities- Purchase of electicity from renewable

resource facilitiesCooperative renewable resourcddevelopment projects

• Other renewable resource'projects

Category "C"

Other Program Activities r" Customer rn-house program activities" Loan arrangements/assistance" Attendance at conservatin and/or

renewable energy training" Purchase of customer-generated renewable

energy I" Sale of surplus power to displace

petroleum fuels (resource coordination)" Rate restructuring/adjustments" Area-wide resource assessments" Agricultural unprovements which conserve

energy such as:Irrigation pump utilizati6n/schedulingIrrigation pump testing or efficiency

imporvementsDitch lining and pipingLaser land levelingPumpback systemsAlternate energy saving water sourcesField irrigation system improvementsOther applicable energy saving measures

Appendix B-Suggested Reporting Format

Western Area PowerAdministrationCustomer Program Content Conservation andRenewable Energy ProgramI. Name of Customer -

Address-Contact Person(s):Phone Number(s):

11. Brief narrative, description of your overallprogram policy, objectives, implementationmethods, and milestones (Note: Narrative

continuation and/or additional matenalsmay be attached at your discretion.)

IlL. What is the followup method(s) used todetermine the successful accomplishmentof your conservation and renewable energyprogram?

IV. Identify below any other documents ormaterials that are included with thiscorrespondence for Western's review andacceptance of your program:- Policy Statement(s)- Document Submittals to Other

Agencies- Request for Western Assistance- Request for Credit(s) for Ongoing

Activities-Customer Profile1

- Identification of Other Assistance- Declaration of Program Limitations-"--Other Data (State Document Titles)

V. From the activity listing In appendix A ofWester's "Guidelines and AcceptanceCriteria," list each conservation andrenewable energy program activity thatyou wish to include in your program forreview and acceptance by Western.Identify the program activity, location, andimplementation date.

VI. Include additional pertinent informationfor each activity listed in item V above, orattach additional pages or documentationas you deem appropriate to briefly describeyour organization's ongoing and/orplanned efforts regarding individualactivity development and Implementation.Issued at Golden, Colorado, July 24,1981

Robert L McPhail,Administrator.IFR Dom. 8i-MZ43 Filed 8-7-81: &45 =1BILWNG CODE 6450-01-M

FEDERAL COMMUNICATIONSCOMMISSION[Gen. Do. 80-398]

Inquiry Relating to the Commission'sPreparations for the 1983 Region 2Administrative Radio Conference

AGENCY: Federal CommunicationsCommission..ACTION: Notice of inquiry; extension ofcomment and reply comment period.

SUMMARY. This Order extends the duedate in the Second Notice of Inquiry inGeneral Docket 80-398 in response to apetition.

The Second Notice solicits furtherpublic comment in the Commission'spreparations for an ITU conference forthe planning of the 12 GHzbroadcasting-satellite service in theAmericas.DATES: Comments are due by August 7,1981 and replies by September 8,1981.ADDRESS: Federal CommunicationsCommunication, 1919 M Street, N.W.Washington, D.C. 20554.

1 Customer Profile means pertln tformationthat gives a general description of your organization(Le., Annual Report. FPC Form 1, etc.).

FOR FURTHER INFORMATION CONTACT:Edward R. Jacobs, Office of Science andTechnology, (202) 653-8102, Room'7002.SUPPLEMENTARY INFORMATION. Due tothe effort to minimize publishing costs,the Commission did not publish theSecond Notice of Inquiry in the FederalRegister, however, an announcementregarding its availability through theCommission's Press Office waspublished 6-8-81; 46 FR.30392. Thosewho obtained copies of the full text ofthe Second Notice of Inquiry shouldassociate the extend dates herein withthat document.

ORDERReleased: July 23,1981..Adopted. July 21,1981.

In the Matter of an Inquiry relating-to,preparations for the 1983 Region 2Adnimistrative Radio Conference of theInternational Telecommunication Unionfor the Planning of the BroadcastingSatellite Service in the 12 GHz Band andthe Associated Uplinks, Gen Docket No.80-398.

By the Chief Scientist.

1. On May 21,1981, the Commissionadopted a Second Notice of Inquiry Inthe above styled proceeding, FCC 81-248. The date for filing comments wasestablished as July 24,1981, and thereply comment date was August 24,1981.

2. On July 16,1981, a petition was filedon behalf of CBS, Inc. seeking to extendthe comment deadline until August 7,1981. No motion was made in respect tothe reply comment date. CBS, Inc. pointsout that there are currently twoCommission proceedings dealing withthe broadcasting-satellite service. Theyare the instant proceeding and GeneralDocket 80-603. CBS, Inc. furthercorrectly points out that the Notice ofProposed Policy Statement andRulemaking in Docket 80-603 (FCC 81-181) required that comments be filed byJuly 1,1981 on the domestic policyaspects of DRS, (with reply commentsdue July .16,1981) and additionally setJuly 10, 1981 as the deadline forcomments on the STC DBS filing, as well-as the deadline for the filing ofapplications for DBS systems to beconsidered concurrently with that ofSTC. CBS, Inc. states its engineeringstaff would not be able to make thedetailed contribution to Docket 80-398that it could if more time were allowed.They believe that others maybe in asimilar position and that all may benefitif the Commission were to grant a twoweek extension.

3. The arguments put forth by CBS,Inc., for a two week extension of the

40577


comment deadline in this proceeding-appear to be quite reasonable. In viewof fact that a number of entities (at leastfourteen) have filed for authorization ofDBS systems in response to Docket 80-60-3, it is quite likely that a number of,these could quite benefically use anadditional period of time in which toprepare their comments in this instantproceeding. Therefore, a two weekextension for the filing of comments isgranted. Additionally the August 24,1981 date for filing of reply comments isextended two weeks. Comments arenow due on August 7, 1981 and replycomments are due on September 8,1981.

4. It should be stressed that theCommission is proceeding in this Docketon a very restricted time-table in orderto prepare proposals to the 1983 Region2 DBS Conference. Inordinate delays inour preparations ae not acceptable. It ishoped that the two week extensionsprovided above will help to amelioratethe Conflicts that arose with the Docket80-603 proceeding. Any furtherextensions for reason of that conflictalone cannot be granted.

Accordingly, It is ordered that thesubject petition, to the extent hereinspceified, it granted.S. 1. Lukasik,Chief Scientist.[FR Doe. 81-23182 Filed 0-7-81:8:45 amJBILLNG CODE 6712-01-M

FEDERAL EMERGENCYMANAGEMENT AGENCY[Docket FEMA-REP-2-NY-1]

New York Radiological EmergencyPreparedness PlanAGENCY: Federal EmergencyManagement Agency.ACTIO4:- Notice of receipt of plan.

SUMMARY: For continued operation ofnuclear power plants, the NuclearRegulatory Commission requiresapproved licensee and State and localgovernments' radiological emergencyresponse plans. Since FEMA has aresponsibility for reviewing the Stateand local government plans, the State ofNew York has submitted its radiologicalemergency plans to the FEMA Regionaloffice. These plans support nuclearpower plants which impact on NewYork and include those of localgovernments near the Niagara MohawkPower Corporation'i Nine-Mile PointNuclear Station, and he PowerAuthority of the State of New York'sJames A. Fitzpatrick Nuclear PowerPlant, both located in Oswego County,New York at Nine-Mile Point site.DATE PLANS RECEIVED. July 21,1981.

FOR FURTHER INFORMATION CONTACT.Plans and Preparedness Division,Region II, 26 Federal Plaza, New York,New York 10278, Telephone: (212) 264-4900.

Notice: In support of the Federalrequirement for emergency responseplans, FEMA has proposed a Ruledescribing its procedures for review andapproval of State and localgovernment's radiological emergencyresponse plans. Pursuant to thisproposed FEMA Rule (44 CFR Part350.8), "Review and Approval of StateRadiological Emergency Plans andPreparedness", 45 FR 42341, the StateRadiological Emergency Plan for theState of New York was received brtheFederal Emergency ManagementAgency Region 11 office.

Included are plans for Oswego Countywhich is partially within the plumeexposure pathway emergency planningzone.

Copies of the Plan *are available forreview at the FEMA Region II Office, orthey will be made available uponrequest in accordance with the feeschedule for FEMA Freedom ofInformation Act requests, as set out insubpart C of 44 CFR Part 5. There are1,435 pages in the document;reproduction fees are $.10 per page,payable with the request for copy.

Comments on the Plan may besubmitted in writing to the RegionalDirector at the above address on orbefore September 9,1981.

FEMA Proposed Rule 44 CFR 350.10also calls for a public meeting prior tothe submission of plans by the RegionalOffice to Headquarters for approvaldetermination. Details of this meetingwill be announced in the OswegoPalladium Times, Oswego Messenger,Syracuse Morning Post Standard andthe Syracuse Afternoon Herald fourna7,at least two weeks prior to thescheduled meeting. Local radio andtelevision stations will be requested toannounce the meeting.July 29,1981.Vincent Forde,Acting Regonal Director.[FR Doc. 6-23198 Filed 8-7-61: 8:45 am]

BILLNG CODE 6718:01.-M

FEDERAL MAR!TIME COMMISSION

Application of the Commonwealth ofthe Northern Mariana Islands forSection 35 Relief From Certain TariffFiling Requirements, Order DenyingPetition

This matter was instituted by thefiling of a Petition For Issuance ofRulemaking by the Commonwealth of

the Northern Mariana Islands(Commonwealth) on March 17, 1981. ANotice of Filing of Petition waspublished in the Federal Register onMarch 20,1981. Replies to the Petitionwere filed by Guam Freight Forwardersand Consolidators (Guam Forwarders)and the Saipan Shipping Co,, Inc.(Saiships).

In its Petition the Commonwealth firstnotes the determination made by theCommission's staff that, effectiveJanurary 9, 1978, all companies holdingthemselves out as common carriersserving the United States/NorthernMarianas trade are subject to thedomestic offshore tariff filingrequirements of the Commission. TheCommonwealth "does not necessarilyagree" with this determination butrequests that, if it is correct, theCommission should exempt thesecarriers from the domestic offshore tarifffiling requirements pursuant to section35 of the Shipping Act, 1916 (40 U.S.C.833a) and, in lieu thereof, allow thecamers.to file-foreign commerce tariftsand a yearly balance sheet/Income andloss statement.

The Commonwealth argues that,because of the small volume of cargomoving in the trade, the domestic tarifffiling requirements are burdensome andunjustified. It states that there are fourcarriers currently serving this trade, twoproviding direct service from the U.S,West Coast (Philippmes, Micronesia &Orient Navigation Company and NauruPacific Line) and two providingtransshipment services from Guam(Oceania Lines, Inc. and SaipanShipping Company, Inc.). TheCommonwealth submits that theexemption sought would neither beunjustly discriminatory nor detrimentalto commerce, nor would it impaireffective FMC regulation. TheCommonwealth attached to Its Petition"a proposed rule" exempting carriersserving the U.S./Northern Marianastrade from General Orders 5, 11 and 38on condition that such carriers adhere tothe tariff filing requirements of section18(b) and General Order 13 and file withthe Commission an annual balancesheet and Income and loss statement,

Guam Forwarders opposes thePetition. It states that the trade isvolatile, with cariers frequently enteringand leaving the trade, to the detrimentof consumers and the Commonwealth,Guam Forwarders views domestic tarifffiling requirements as a method ofexcluding "fly-by-night" operators fromthe trade and ensuring stable service,and therefore urges that the full scope ofthe Commission's regulatoryrequirements be imposed,

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Federal Register / Vol. 46. No. 153 / Monday, August 10, 1981 / Notices

Saiships, a carrier operating in theGuam/Northern Marianas trade,supports the Petition. It characterizesthe trade-as a one-way supply servicefor the Commonwealth and alleges thatthe combined cargo carryings of the twolines providing transshipment servicesfrom Guam amounted to approximately29,465 tons in 1980. Saiships states that.it would have to add one account andone clerk to the existing fiveadministrative employees assigned tothis service if it is required to complywith the domestic tariff filing provisions.This would allegedly increase itsadministrative services costs by 22percent, and result in higher consumerprices in a trade that is already plagued.by high costs and carrier failure.Saiships also contends that because theforeign flag carners providing the directservice to the mainland do not have tocomply with the domestic tariff filingrequirements, the reporting burdenpresently unposed on Saiships isdiscrin'matory.

DiscussionAfter careful consideration of all

submissions filed m this matter, theCommission has determned to deny thePetition. The Commission has not beenpresented with a record upon which itcould conclude that the requestedexemption meets the requirements ofsection 35 of the Shipping Act. Both thePetition and Replies are unverifieddocuments containing minimal factualallegations and broad conclusorystatements. Morever, the Petition doesnot seek a true exemption from domestictariff filing requirements but rather theinstitution of a hybrid foreign/domestictariff filing and financial reportingsystem. No precedent or other authorityfor such action is cited. Morever, noexplanation is provided why existingCommission regulations are inadequateto alleviate the alleged burdensomenessof the domestic tariff filing requirements.

However, the Commission recogmzesthat shipping conditions in the U.S./Northern Marianas trade may differfrom those existing in other domesticoffshore trades. These differences maywarrant granting the carriers servingthis tradepartial relief from theCommission's tariff filing and financial,reporting regulations. General Orders 5,11 and 38 each contain spceificprovisions, which, if utilized by thecarriers, could afford relief appropriateto individual situations. A briefexplanation of these provisions is

'Section 35 is intended to apply in situationswhere it finds that "such, exemption vil notsubstantially impair effective regulation by theFederal Maritime Commission. be unjustlydiscrimanatory. or be detrmental to Commerce."

provided'below as guidance to theaffected carners. Applications for reliefunder the provisions will be consideredon their individual merits.

A review of the Commission's recordsreveals that the Philippines. Micronesia& Orient Navigation Company (PM&O)has on file one sixty-page tariffapplicable to this trade (FMC No. 1).Nauru Pacific Line (NPL) one thirty-pagetariff (FMC No. 2), Oceana Lines, Inc.(OLI) a thirty-page tariff (FMC No. 1)and a thirty-five page tariff (FMC No. 2),and Saiships one thirty-five page tariff(FMC No. 7).-'The Commission's Bureauof Tariffs advises that the maximumcost of publishing a new tariff isapproximately $20.00 per page.Publishing a modification of a tariff isless expensive. If the carners applied forand were granted special perussion.pursuant'to 46 CFR 531.18, to file theirexisting foreign format tariffs asdomestic tariffs, the Bureau of Tariffsadvises us that only the title page ofeach tariff and the tariff page namingports served would have to be revised.This should not create shipper confusionsihce the difference between foreign anddomestic tariff format requirements isminmaL The remaining pages of eachtariff cold be made to conform to ourdomestic tariff format as each page isrevised by the carrier in the normalcourse of business. Our Bureau ofTariffs is available for technical advicein this area.

The burden on the, subject carrersresulting from the domestic financialreporting requirements is also difficult toascertain due to insufficient data.However, because this would appear tobe a small volume trade, it is possiblethat the public benefits to be derived.from the financial reportingrequirements are outweighed by theburden they would impose on the fewcarriers in the trade. The Commission'sGeneral Order 11 provides a procedurewhereby carners whose revenues do notexceed $5,000,000 and whose traderevenues amount to 25 percedt or less oftotal trade revenue may. uponapplication, obtairna waiver from theprescribed reporting requirements andin lieu thereof file a balance sheet andincome statement, 46 CFR 512.2(e). Thisis essentially the.relief sought by theCommonwealth m'its Petition. Whetherone or more of the carriers in theNorthern Marianas Trades qualifies for

2Saishlps' contention that carriers serving thedirect U.S./Northern Marianas trade would not besubject to domestic tariff filing requirements Iswithout merit. All carriers serving elither the directtrade or u transshipmeil trado to or frem anotherdomestic offshore jurisdiction are required tocomply with domestic tariff filing requirements.

such a waiver cannot be determined onthe present record.

Another provision which might beinvoked is 46 CFR 512.2(d), which allowscarners to apply for relief from the G.O_11 domestic financial reporting -requirements upon a showing of goodcause and after opportunity for commentby affected interests. Similarly, thecarriers may apply for relief from theG.O. 5 reporting requirements pursuantto 46 CFR 511.6.

Therefore, it is ordered, That thePetition For Rulemaking of theCommonwealth of the Northern MarianaIslands is denied. By The CommissionJuly 27,1981.Francis C. Hurney,Secretary.[FR Dec. e-iFild 8-7-81: &45 am|BNLWNG COOE S730-01-M

DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Alcohol, Drug Abuse, and MentalHealth Administration

National Advisory Bodies; MeetingsIn accordance with Section 10(a)(2) of

the Federal Advisory Committee Act (5U.S.C. Appendix I). announcement ismade of the following national advisorybodies scheduled to assemble during themonth of September 1981.National Advisory Mental HealthCouncil .September 14-16Conference Rooms G and H, Parklawn

Building5600 Fishers Lane, Rockville.Maryland

20857Open-September 14; 9:30 a.m.Closed-OtherwiseContact- Ms. Helen W. Garrett.

Committee Management Officer,Room 9-95 Parklawn Building. 5600Fishers Lane, Rockville, Maryland20857 (301) 443-4333Purpose: The National Advisory

Mental Health Council advises theSecretary of Health and HumanServices, the Administrator, Alcohol,Drug Abuse, and Mental HealthAdministration, and the Director,National Institute of Mental Health.regarding policies and programs of theDepartment in the field of mental health.The Council reviews applications forgrants-in-aid relating to research,training and services in the field ofmental health and makesrecommendations to the Secretary withrespect to approval of applications for,and amount of. these grants.

40579


Agenda: On September 14, themeeting will be open for discussion andNIMH policy issues and will includecurrent administrative, legislative, andprogram developments-attendance bythe public for the open session will belimited to space available. Otherwise,the Council will conduct a final reviewof applications for assistance and will'not be open to the public in accordancewith the determination by the ActingAdministrator, Alcohol, Drug Abuse,and Mental Health Administration,pursuant to the provisions of 5 U.S.C.,552b(c)(6), and Section 10(d) of Pub. L.92-463 (5 U.S.C. Appendix I).National Advisory Council on DrugAbuseSeptember 22-23: 9:00 a.m.Conference Room 6, Building 31-CNational Institutes of Health9000 Rockville Pike, Bethesda, Maryland

20205 , 1Open-September 22; 9:00 a.m. to 12:00

Noon, September 23; 10:30 a.m. to 1:00'p.m.

Closed-September 22; 1:00 p.m. to 5:00p.m., September 23; 8:30 a.m. to 10:30a.m.Contact: Ms. Pamela J. Thurber,

Executive Secretary, Room'10-05Parklawn Building, 5600 Fishers Lane,Rockville, Maryland 20857 (301) 443-6480

Purpose: The National AdvisoryCouncil on Drug Abuse advises andmakes recommendations to theSecretary of Health and HumanServices, the Administrator, Alcohol,-Drug Abuse, and Mental HealthAdministration, and the Director,National Institute on Drug Abuse, on thedevelopment of new initiatives andpriorities and efficient administration ofdrug, abuse research, training,demonstration, prevention, andcommunity services programs. TheCouncil also gives advice on policiesand priorities for drug abuse grants andcontracts, and reviews and makesrecommendations on- grant applications.

Agenda: On September 22 from 9 a.m.to 12 Noon, and September 23 from 10:30a.m. to I p.m., the sessions will be open.to the public for discussion of programdevelopments and policy issues. OnSeptember 22 from I p.m. to 5 p.m. andSeptember 23 from 8:30 a.m. to 10:30a.m.1 the sessions will be closed to thepublic for the final review of grantapplications -for Federal assistancb inaccordance with the determination bythe Acting Administrator, Alcohol, DrugAbuse, and Mental'HealthAdministration, pursuant to proisionsof 5 U.S.C., 552b(c)(6), and Section 10(d)of Pub. L. 92-463 (5 U.S.C. Appendix I).

National Advisory Council on AlcoholAbuse and AlcoholismSeptember 24-25; 9:30 a.m.Conference Room 4A, Building 31-ANational Institutes of Health9000 Rockville Pike, Bethesda, Maryland

20205Open-September 24Closed-September 25Contact: Mr. James Vaughan, Room

16C-06,.Parklawn Building, 5600Fishers Lane, Rockville, Maryland20857 (301) 443-3887Purpose: The Council advises the

Secretary of Health and Human Servicesregarding policy_ direction and programissues of national significance in thearea of alcohol abuse and alcoholism.The Council reviews all grantapplications submitted, evaluates theseapplications in terms of scientific meritand coherence with Departmentpolicies, and makes recommendations tothe Secretary with respect to approvaland amount of award.

Agenda: On September 24, the Councilwill discuss current budget, legislativeand program activites On September25, the Council will conduct final reviewof grant applications for Federalassistance and this session will not beopen to the public in accordance withthe determination by the ActingAdministrator, Alcohol, Drug Abuse,and Mental Health Administration,pursuant to the provisions of 5 U.S.C.,552b(c)(6), and Section 10(d) of Pub. L.92-463 (5 U.S.C. Appendix I).

Mental Health Small Grant ReviewCommitteeSeptember 24-26; 1:30 p.m.Shoreham Americana HotelRooms E-730 and E-8302500 Calvert Street, N.W., Washington,

D.C. 20008Open-September 24; 1:30-2:20 p.m.Closed--OtherwiseContact: Ms. LaVerl P Klein, Room 9-

104, Parklawn Building, 5600 FishersLane, Rockville, Maryland 20857 (301)443-4843'Purpose: The Committee is charged

with the initial review, based on thescientific and technical merit ofapplications submitted to the NationalInstitute of Mental Health for Federalassistance of activities for research inall disciplines p.ertainihg to alcohol, drugabuse, and mental health, includingpsychology, sociology, anthropology,psychiatry, and the biological sciences,and makes recommendations to theNational Advisory Councils of therespective Institutes for final review.

Agenda: From 1:30-2:30 p.m.,September 24, the meeting will be openfor discussion of administrative

announcements and programdevelopments. Otherwise, theCommittee will beperforming Initialreview of grant applications for Federalassistance and will not be open to thepublic in accordance with thedetermination by the ActingAdministrator, Alcohol, Drug Abuse,and Mental Health Administration,pursuant to the provisions of 5 U.S,C.,552b(c)(6), and Section 10(d) of Pub, L.92-463 (5 U.S.C. Appendix 1).

Substantive information may beobtained from the contact person listedabove. Summaries of the meetings androsters of Council and Committeemembers may be obtained as follows:NIMH: Ms. Helen W. Garrett,Committde Managefiient Officer, Room9-95, Parklawn Building 5600 FishersLane, Rockville, Maryland 20851 (301)443-4333. NIDA: Ms. Lucy Stevens,Committee Mangement Officer, Room10-42, Parklawn Building, 5600 FishersLane, Rockville, Maryland 20857 (301)443-2620. NIAAA: Ms. Iris O'Brien,Acting Committee Management Officer,Roorh 16C-26, Parklawn Building, 5600Fishers Lane, Rockville, Maryland 20857(301) 443-6106.

Dated: August 4, 1981.Elizabeth A. Connoly,Committee Management Officer, Alcohol,Drug Abuse, andMentalHeolthAdmnistration.(FR Doc. 81-23161 Filed -.7-81:845 am)BILUNG coOE 4110-88-M

Public Health Service

Office of the Assistant Secretary forHealth; Privacy Act of 1974

AGENCY: Department of Health andHuman Services; Public Health Service.ACTION: Notification of an alteredsystem of records 09-37-0001, "Office ofthe Assistant Secretary for HealthCorrespondence Control System," HHS/OASH/OM.

SUMMARY: The categories of individualsin the system are being expanded toinclude persons who contact officials Inthe Office of the Assistant Secretary ofHealth, in addition to those who contactthe Assistant Secretary himself; twofurther system managers are beingadded policy coordinationresponsibility is being assigned to theOffice of Management, and associatedchanges, such as modification of the titleof the system, to that indicated, are alsobeing made. PHS invites interestedpersons to submit comments on theproposed alterations on or beforeSeptember 8, 1981.

40580


DATES: PHS has sent a Report of AlteredSystem to Congress-and to the Office ofManagement and Budget on July 31,1981. The revisions to the system ofrecords Will be effective 60 days fromthe date submitted to OMB unless PHSreceives comments which would resultm a contrary determination.ADDRESS: Comments should beaddressed to the following official:Director, Office of Organization andManagement Systems/OM/PHS, Room17-53, Parklawn Building, 5600 FishersLane, Rockville, MD 20857

Comments received will be availablefor review toRoom 17-81 at the aboveaddress from 8:30 a.m. until 5:00 p.m.,Monday through Friday.FOR FURTHER INFORMATION CONTACT.Dorothea E. de Zafra, PHS Privacy ActOfficer, Room 17-81, Parklawn Building,5600 Fishers Lane, Rockville, MD 20857,Telephone: (301) 443-2004.SUPPLEMENTARY INFORMATION: Ratherthan create one or more new PrivacyAct systems of records pertaining tocorrespondence control records m theOffice of the Assistant Secretary forHealth, P14S has decided to alter anexisting system of records so that it willbecome an umbrella system. Thealterations proposed above are designedto accomplish this purpose and to assureeffective policy coordination among therespective -system managers. Records-will not be entered into a single,comprehensive data base. The routineuses of the existing system of recordswill remain the same.

The system notice was last publishedin the Federal Register on December 22,1980 (Vol. 45, No. 247), page 84522, as09-37-0001, "Assistant Secretary forHealth Correspondence ControlSystem," HHS/OASH/ES. It isrepublished in, its entirety below toincorporate the proposed alterations.Additional changes, not requiring aReport of Altered System, to reflectcurrent policy requirements and periodicupdating have also been made. Themost significant of these changes is theaddition of a statement under the recordaccess procedures section of the systemnotice to provide for the-verification ofthe identity of individuals who seekaccess to records m the system.

Dated: July 31,1981.Alair Townsend,DeputyAssistant Secretaryfor Health-Operatibns andDirector Office ofManagement/PHS.

09-37-0001

SYSTEM NAME:- Office of the Assistant Secretary for

Health Correspondence Control System.HHS/OASH/OM.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Public Health Service ExecutiveSecretariat

Room 17 B-03, 5000 Fishers LaneRockville, MD 20857National Center for Health StatisticsRoom 2-19,3700 East-West HighwayHyattsville, MD 20782National Center for Health Services

ResearchRoom 8-41, 3700 East-West HighwayHyattsville, MD 20782andFederal Records Center4205 Suitland RoadWashington, D.C. 20409


Individuals who have contacted eitherthe Assistant Secretary for Health, theSurgeon General, a Deputy AssistantSecretary, or a PHS Staff OfficeDirector, or have been contacted inwriting by one of these officals.

CATEGORIES OF RECORDS IN THE SYSTME

Hard copies of the actualcorrespondence, and computer or wordprocessor printout andtape or diskcontrol system records of thatcorrespondence.


5 U.S.C. 30l.

PURPOSE(S)

To control and track allcorrespondence documents addressedor directed to the Assistant Secretaryfor Health or his subordinates asindicated above, as well as documentsinitiated by them, in order to assuretimely and appropriate attention.


Disclosure may be made to acongressional office from the record ofan individual in response to an inquiryfrom the congressional office made atthe request of that individual.


STORAGE:

Correspondence records aremaintained in hard copy. Controlrecords are maintained on computer orword processor printout, tape, and disk.

RETRIEVABIUTY:

Hard copy records are indexedalphabetically by name of addressee

and date of outgoing correspondence; orby name of sender and date of incomingcorrespondence; or by subjecL Recordsmay be also be cross-referenced.

SAFEGUARDS:

Hard copy records are maintained infile cabinets that are lockable, or inrooms which are locked after officehours. During office hours, acces to hardcopy records is limited to authorizedpersonnel. Access to the computerizedsubsystem is limited to specificindividuals (correspondence assistants)through the use of passwords. Theseprocedures are in accordance withchapter 45-13 in the Department'sGeneral Adnimistration Manualsupplementary chapter PHS.hfr 45-13,and with Part 6 of the Department's ADPsystems manual.


Records may be retired to a FederalRecords Center and subsequentlydisposed of in accordance with the-OASH records control schedule. Therecords control schedule maybeobtained by writing to the appropriateSystem Manager at the address for thatofficial which is indicated under systemlocation above.

SYSu MANAGER(S) AND ADOPE=Sm

Director, Public Health ServiceExecutive Secretariat (address asabove); Director, National Center forHealth Statistics (address as above];Director. National Center for HealthServices Research (address as above).

Policy coordination is provided by:PHS Privacy Act OfficerOffice of ManagementRoom 17-81 Parklawn Building5600 Fishers LaneRockville. MD 20857

•NOTIFICATION PROCEDURE:Inquiries should indicate the name of

the individual with whom the Office ofthe Assistant Secretary for Healthcorresponded, the date of the incomingcorrespondence, if any, and the date ofthe outgoing correspondence. Inquiresshould be addressed to the appropriateSystem Manager listed above, not to thepolicy coordination official.

RECORD ACCESS PROCEDURES

Same as notification procedures.Requesters must state that they are who,they claun to be, and understandthatobtaining information under falsepretenses is subject to a maximumstatutory penalty of 5,000.00 dollars.

CONTESTING RECORD AND PROCEDURES:

Contact the appropriate SystemManager at the address for that official

40581

Federal Register / Vol. 46, No. 153 / Monday, August 10,-1981 / Notices

specified under System Location above,and reasonably identify the record,specify the information to be contested,the corrective action sought, and the'reason for seeking the correction.


Records are derived from incomingcorrespondence to, and the outgoingcorrespondence of, the AssistantSecretary for Health or his subordinatesas indicated above.

SYSTEMS EXEMPTED FROM CERTAINPROVISIONS OF THE ACT.

None.1FR Doc. 81-23166 Filed 8-7-81: 845 am]

BIWLNG CODE 4110-85

Privacy Act of 1974; New SystemNoticeAGENCY: Department of Health andHuman Services; Public Health Service.ACTION: Notification of a proposed newsystem of records, "Records of Subjectsin Health Education Studies," HHS/CDC/CHPE, 09-20-0160.

SUMMARY: In accordance with therequirements of the Privacy Act, thePublic Health Service (PHS) ispublishing notice of a proposal to,establish a new system of records topermit collection of information relatedto the evaluation and development ofhealth education programs. Theinformation acquired will be used todevelop health education curricula andprograms for disease prevention andcontrol. The system of records will bemaintained by the Center for HealthPromotion and Education (CHPE),Centers forDisease Coritrol (CDC). PHSinviteb interested persons to submitcomments on.the proposed routine useon or before September 8,1981.DATES: PHS has seht a report of the newsystem to the Congress and to the Officeof Management and Budget (OMB) onJuly 31, 1981. The system of records willbe effective 60 days from the datesubmitted to OMB unless PHS receivescomments on the routine uses whichwould result in a contrarydetermination.ADDRESS: Comments should beaddressed to: Director, Research andEvaluation, Center for Health Promotionand Education, Centers for DiseaseControl; Building 14, Room 10, Atlanta,Georgia 30333.

Comments.received will be availablefor inspection at that address from 8:00a.m. to 4:30 p.m. Monday through Friday.FOR FURTHER INFORMATION CONTACT.Sara S. Owens, Privacy Act Officer,Centers for Disease Control, 1600 Clifton

Road, Room B-68, Atlanta, Georgia30333, (404) 329-3121.SUPPLEMENTARY INFORMATION: Thepurpose of this system is to assist in thedevelopment and evaluation of theSchool Health Curriculum Program(SHCP) and related health educationcurricula and programs for diseaseprevention and control throughout thenation. It is intended that,'following theevaluation of these health educationprograms, the Centers for DiseaseControl will make improvements m thecurricula which are available toparticipating schools. For example,approximately 120 schools currentlyparticipate in the School HealthCurriculum Program and would receivefrom CDC upgraded curricula, as thehealth education studies andevaluations determine 1he need forspecific revisions and improvements.The use of human subjects for researchand evaluation of existing healtheducation programs requires theestablishment and maintenance ofsubject "pools." Case-control studies ofstudents will require that the system ofrecords be developed in a way thatallows for periodic follow-up interviews,and'scientific testing and validation ofpreviously gathered data.-The -evaluation of the health educationprograms and specific curricula requiresindividually identifiable data in additionto statistical data. The individuallyidentifiable information is necessary todetermine the impact of the SHCP andrelated programs after the trainingperiod on health behavior, attitudes, andknowledge of the participants. Followupinterviews with specific respondents,'including students and teachers, maygive researchers important data on therationale for accepting or rejectingrecommended health norms andpractices. A variety of individuals arecovered by this system of records.Included are students and teachersinvolved in health education programsand students selected as control groupsin each participating school.

Name, assigned number, school name,and year tested are some of the indices-used to retrieve records from thissystem. Other retrieval methods areutilized as individual research dictates.

Two or more safeguards will beselected from the following list, asappropriate to the type of records to besecured: locked buildings, locked file,rooms, locked file cabinets, lockedcomputer room and computer tapevaults, 24-hour guard service, andlimited access only to authorizedpersonnel.

CHPE has examined a number ofalternative meafis of accomplishing this,

investigation, including the option tomaintain no Privacy Act system ofrecords. The Center concluded thatmaintenance of a system of records tsnecessary for the investigation, and thatthe relatively minor risk to personalprivacy involved in furnishing CHPEresearchers with individual identifiers Isoutweighed by the potentialimprovement in health programs whichwill be derived from the research.

The records will be retained for usesolely within the agency unless releasesare made in conjunction with the routineuses stated in the system notice, orwhich are otherwise permitted underSection 552a(b) of-the Privacy Act. Theproposed disclosures outlined In theroutine use section will allow the Centerto effectively perform the proposedresearch, and ensure that no releasesare made without the individual'spermission for purposes which are notthe same or compatible with those forwhich the information is originallycollected.

Dated: July 31, 1981.Alair Townsend,DeputyAssistant Secretary for HealthOperations and Director, Office ofManagement/PHS.

09-20-0160

SYSTEM NAME:

Records of Subjects In HealthEducation Studies-HHS/CDC/CHPE

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Center for Health Promotion andEducation

Center for Disease ControlBuilding 14,-Room 10Atlanta, Georgia 30333A list of contractor Sites is available

upon request to the System Manager.


Students and teachers who participatein studies designed to obtain data ontheir knowledge, attitudes, and reportedbehavior related to a variety of healthproblems and/or other potentialpreventable conditions of public healthsignificance; also included are controlgroup participants.


Responses to questionnaires bystudents and teachers regarding coursecontent, health knowledge, attitude andbehavior, site visit data, organizationaldata regarding health education inschool curriculum, medical histories,demographic data of the student

40582


population as well as identification datafor follow-up purposes.


Public Health Service Act, Sec. 301Research and Investigations (42 U.S.C.241).

PIJRPOSE(S).

This record system enables CDCofficials to develop and evaluateexisting.health education curricula andprograms for disease prevention andcontiol, and communicate newknowledge to the health community forthe implementation of such programs.

ROUTINE USES OF RECORDS MAINTAINED INTHE SYSTEM, INCWDING CATEGORIES OFUSERS AND THE PURPOSES OF SUCH USES:

1. Disclosure may be made to CDC-contractors in the conduct of researchstudies covered by this system noticeand m the preparation of scientificreports, in order to accomplish the

-stated purpose of the system.The -recipients will be required to maintainPrivacy Act safeguards with respect tosuch records.

2. Disclosure may be made tocongressional office from the record ofan individual in response to an inquiryfrom the congressional office made atthe request of that individual.


STORAGM

. Computer tapes and file folders.

RETRIEVABUTY:

Name of individual, identificationnumber, school name and year testedare some of the indices used to retrieverecords from this system.

SAFEGUARDS:

24-hour guard §ervice in buildings,locked buildings, locked file rooms,locked computer rooms and tape vaults,password protection of computerizedrecords, limited access to onlyauthorized personnel. Designatedresearchers and their clerical staff ateauthorizedpersonnel. Two or more ofthese safeguards are'used for all recordscovered by this system notice. Theparticular safeguards used are selectedas appropriate for the type of recordscovered by each individual study. Forcomputerized records, safeguards are inaccordance with HHS/ADP SystemSecurity Manual, Part 6. The safeguards'described for nonautomated records arein accordance with Chapter 45-13 in theGeneral-Admistration Manual; and thesupplementary PHS chapter.


Source documents for computerdisposed of when no longer needed byprogram official. Personal identifiersmay be deleted from records when nolonger needed in the study asdetermined by the system manager, andas provided in the signed consent form,as appropriate.

SYSTEM MANAGER(S) AND ADDRESS:Director, Research and EvaluationCenter for Health Promotion and

EducationCenters for Disease ControlBldg. 14-Room 10Atlanta, Georgia 30333

NOTIFICATION PROCEDURE

An individual may learn if a recordexists about himself or herself bycontacting the System Manager at theaddress above. Requesters In personmust provide positive identification.Individuals who do not appear in personmust either (1) submit a notarizedrequest to verify their identity, or (2)must certify that they are the individualswhom they claim to be and that theyunderstand that the knowing and willfulrequest for or acquisition of a recordpertaining to an individual under falsepretenses is a criminal offense under thePrivacy Act subject to a $5,000 fine.

In addition, an individual whorequests notification of, or access to, a -

medical record shall at the time therequest is made, designate in writing aresponsible representative who will bewilling to review the record and informthe subject individual of its contents atthe representative's discretion.

A parent or guardian who requestsnotification of, or access to. a child'smedical record shall designate a familyphiysician or other health professional(other than a family member) to whomthe record, if any, will be sent. Theparentor guardian must verifyrelationship to the child by means of abirth certificate or court order, as wellas verify that he or she is who he or sheclaims to be.

Finally, all of the followinginformation must be provided whenrequesting notification: (1) full name; (2).approximate dates of the contact withthe Centers for Disease Controlrepresentative; (3) nature of the study orquestionnaire in whIch the requesterparticipated; (4) nature of the materialdesired.


Same as notification procedures.

CONTESTING RECORD PROCEDURES:.

Contadtthe system manager andreasonably identify the record, specify

the information to be contested, andstate the corrective action sought.


Individuals, and participating publicand private schools which maintainrecords on enrolled students.

SYSTEMS EXEMPTED FROM CERTAINPROVISIONS OF THE ACT.

None.[FR DM- C3 5-7-8: &43 aJSILUNG CODE 41i0-06-

Notification of a New System ofRecordsAGENCY. Department of Health andHuman Services; Public Service.ACTION: Notification of a new system of-records: 09-30-0037, "Psychotherapy ofOpiate-Dependent Individuals," HHS/ADAMHA/NIDA.

SUMMARY: In accordance with therequirements of the Privacy Act. thePublic Health Service (PHS) ispublishing a notice of a "found" systemof records entitled "Psychotherapy ofOpiate-Dependent Individuals," HHS/ADAMHA/NIDA, in the Alcohol, DrugAbuse, and Mental HealthAdministration; National Institute onDrug Abuse (NIDA). The purposes of thesystem are: (1) to provide a data basefor research leading to a better'knowledge and understariding of thepsychiatric status of opiate-dependentindividuals, and (2) to determine theefficacy of psychotherapy as part of atreatment program for such individuals.PHS invites interested parties to submitcomments on the proposed routine useson or before September 9,1981.DATES PHS has sent a Report of a NewSystem of Records to the Congress andthe Office of Management and Budgeton July 31,1981. PHS has requested thatOMB grant a waiver of the usualrequirement that a system of records notbe put into effect until 60 days after thereport is sent to OMB and Congress. Ifthis waiver is granted, PHS will publisha notice to that effect in the FederalRegister.ADDRESS: Comments should beaddressed to the Privacy Act Officer,Office of Extramural Project Review,National Institute on Drug Abuse,Parkiawn Building, Room 10-42 5600Fishers Lane, Rockville, Maryland 20857.Comments received will be available forInspection in Room 10-42, from 8:00 a.m.to 4:30 p.m., Monday through Friday, atthe same address.FOR FURTHER INFORMATION CONTACTrRebecca S. Ashery, D.S.W., ProjectOfficer, National Institute on Drug

40583


Abuse, 5600 Fishers Lane, Room 10A-31,Rockville, Maryland 20857, telephone301-443-4100.SUPPLEMENTARY INFORMATION: Theserecords are being treated as a "found"system of records maintained under anactive contract. The Department ofHealth and Human Services isreexamining the applicability of thePrivacy Act to records maintained by-organizations under contract with theDepartment. It is recognized that theproposal to apply the provisions of thePrivacy Act to these records may laterbe found to provide broader coveragethan is required by the Act.

Researchers employed by anorganization under contract to NIDAcollect data voluntarily provided bypatients in a participating drug abusetreatment program which is offered byand located in the Philadelphia VeteransAdminstration Hospital. The contractorwill maintain these records until t letermination of the contract. Noindividually identifiable data will beprovided to NIDA. The contractor usespersonally identifiable information onlyto locate the subjects or former subjectsto request their participation in thefollowup interviews, and to matchfollowup data with the correctindividual's previous patient recorddata. Tins data will be processed by thecontractor to provide aggregateinformation to NIDA on the efficacy ofthree types of manual-guidedpsyclhotherapy of opiate-dependentpersons, as contrasted to standard drugabuse counseling; and to constitute adata base for research concerning thepsychiatric status of opiate-dependentindividuals.

Routine uses areproposed. Oneroutine use provides for disclosure forspecific research that is compatible with.the purpose of the system. Anotherroutine use provides for-ilisclosure to acongressional office at the written'request of the individual, which is inaccordance with the Privacy Act. Useand/or disclosure under a routine usewill be limited by, and permitted only inaccordance with, the protectionsprovided by the statutory and regulatoryrestrictions for the'confidentiality ofrecords of drug and alcohol patients andresearch subjects. (See discussion ofsafeguards following and in the notice.)

Because much of the data collected,such as drug use, income, psychiatric

- diagnosis, psychological symptoms, andcriminal activity, are sensitive andconfidential, special safeguards havebeen established. Certificates ofconfidentiality have been issued underSection 303(a) of Public Health ServiceAct (42 U.S.C. 242at4)). This

authorization enables persons engagedin research on mental health, includingresearch on.the use and effect ofpsychoactive drugs, to protect theprivacy of research subjects bywithholding the names or otheridentifying characteristics from allpersons not connected with the conduct

- of the research. Persons so authorizedmay not be compelled in any Federal,State, or local civil, criminal,adminstrative, legislative, or otherproceedings to identify such individuals.In addition, these records are subject to42 CFR Part 2, the Confidentiality ofAlcohol and Drug Abuse PatientRecords Regulations (42 CFR2.56),which state:

Where the content of patient records hasbeen'disclosed pursuant to [these regulations]for the purpose of conducting scientificreserch, * * * mformation contained thereinwhich would directly or indirectly identifyany patient may notbe disclose4by therecipient thereof eithervoluntarily or inresponse to any legal process whetherFederal or State.

The safeguards described above andin the system notice have been reviewedand approved by the contractor'sInstitutional Review Board inaccordance with 45 CFR Part 46 on theprotection of human subjects. Webelieve that, with these safeguards, theprivacy of research subjects and theconfidentiality-of the data are well-protected. The potential benefits to thepublic of this data collection 'in order toimprove drug abuse treatment programsoutweight the slight possibility ofadverse effects to any individual causedby record disclosure.

Dated: July 31,1981.Alair Townsend,DeputyAssistant Secretary for HealthOperations and Director, Office ofManagemenL

09-30-0037

SYSTEM NAME:

Psychotherapy of Opiate-DependentIndividuals, HHS/ADAMHA/NIDA.

SECURITY CLASSIFICATION.

None.

SYSTEM LOCATION:

Drug-Dependence Treatment andResearch Center, PhiladelphiaVeterans Administration Hospital(116D), University and WoodlandAvenues, Philadelphia, Pennsylvania19104.

University of Pennsylvania, 39th Streetand Woodland Avenue, Philadelphia,Pennsylvania 19104. 1-


Research subjects are adult clientsadmitted to a participating drug abusetreatment program offered by andlocated in the Philadelphia VeteransAdministration Hospital, betweenSeptember 30, 1977, and September 29,1981.


Name and address of study subjectsand their responses to interviewinstruments and tests In the followingareas: sociodemographic characteristics;psychiatric diagnosis; symptom, socialfunctioning, and personality measures.Information on the drug abuse treatmentand psychotherapy provided, andtherapists' evaluations, are alsoincluded.


Drug Abuse Office and TreatmentAct, Sections (410 and 503 (21 U.S.C.1177 and 1193)); Public Health Act,Section 301 (42 U.S.C. 241)

PURPOSE OF THE SYSTEM:

The system was created to provide adata base to be used by NIDA forresearch leading to a better knowledgeand understanding of the psychiatricstatus of opiate-dependent Individualsand to determine the efficacy ofpsychotherapy as part of a treatmentprogram for such individuals. We do notanticipate any disclosure of individuallyidentifiable information to other personsor orgaizations within the Departmentof Health and Human Services. Should arequest for disclosure occur within theDepartment, such as provided bySection 3(b) of the Privacy Act,disclosure would not be permittedexcept in accogdance withconfidentiality'regulations.

ROUTINE USES OF RECORDS MAINTAINED INTHE SYSTEM,,INCLUDING CATEGORIES OFUSERS AND THE PURPOSES OF SUCH USES:

1. A record may be disclosed for aresearch purpose, when the Department:

(a) Has determined that the use ordisclosure does not violate legal orpolicy limitations under which therecord was provided, collected, orobtained;

(b) Has determined that the researchpurpose (1) cannot be reasonablyaccomplished unless the record Isprovided in individually identifiableform, and (2) warrants the risk to theprivacy of the individual that additionalexposure of the record might bring;

(c) Has required the recipient to (1)establish reasonable administrative,technical, and physical safeguards to

4058440584


prevent unauthorized use or disclosureof the record, (2) remove or destroy theinformation that identifies the individualat the earliest time at which removal ordestruction can be accomplishedconsistent with the purpose of theresearch project, unless the recipient haspresented adequate justification of aresearch or health nature for retainingsuch information, and (3) make nofurther use or disclosure of the recordexcept: (A) in emergency circumstancesaffecting the health or safety of anyindividual, (B)-for use-in anotherresearch project, under these sameconditions, and with writtenauthorization of the Department, (C) fordisclosure to a-properly identifiedperson for -the purpose of an auditrelated to the research project, ifinformation that would enable researchsubjects to be identified is removed ordestroyed at the earliest opportunityconsistent with the purpose of the audit,or () when required by law;

2.-Disclosure may be made to acongressional office from the record ofan individual in response to a writteninquiry from the congressional officemade at the written request of thatindividual.

POLICIES AND PRACTICES FOR STORING,ACCESSINb, RETAINING, AND DISPOSING OFRECORDS IN THE SYSTEM.

STORAGE:

Records are maintained on interviewforms, audiotapes, keypunch cards,magnetic tapes, and discs.

RETRIEVABILITY.

Research records and locationalinformation for followup are maintainedm numerical order by assigned clientnumber. A list is also maintained byname and assigned client number forcross reference.

SAFEGUARDS:-

An authorization under Section 303 (a)of the Public Health Service Act asamended (42 U.S.C. 242a (a),implemented by confidentialityregulations (42 CFR Part 2a), has beenissued to the contractor to assure thatthe contractor may not be compelled inany legal proceeding to identify theresearch subjects. The confidential-records maintained are also subject tothe -protective restrictions of theconfidentiality provision of the DrugAbuse Office and Treatment Act asamended (21 U.S.C. 1175 implementedby 42-CFR Part 2), covering drug abusepatient records.

Project documentation, includingcross reference list, completed interviewforms, audiotapes, and computerizeddata files, is maintained under strict

controls In a secure room at thecontractors' facilities to ensure dataintegrity and confidentiality. The list,interview forms and audiotapes arestored in a locked and secure workspace until data Is entered on magneticmedia and verified. Then, the forms andcross reference list are destroyed byburning or shredding, and audiotapesare erased. After study source .documents are disposed of, noconnection can be made betweencomputer file data and the individual.Magnetic tapes and discs are kept in avault area. During all stages ofprocessing and storage, senior projectpersonnel control access to and removaland replacement of all documents fromspecified working and storage areas.Access is permitted only upon thewritten authority of the PrincipalInvestigator or Co-PrncipalInvestigators. The contractor hasdeveloped an extensive computerfacilities security system wluch is usedby programmers to protect computeraccounLcodes and data from access byunauthorized users.

The safeguards described in thepreceding paragraph are in accordancewith HHS General AdministrationManual, Chapter 45-13 and ChapterPHS. hf: 45-13, and with the HHSSystems Manual, Part 6, "ADP SystemsSecurity."


After all data collection andprocessing are complete (which will beno later than four years afterdate ofrecording), personal identifiers andsource documents will be destroyed.

SYSTEM MANAGERM

Project Officer, Psychotherapy ofOpiate-Dependent Individuals, ServicesResearch Branch, Division of ResourceDevelopment, National Institute on DrugAbuse, 5800 Fishers Lane, Room 10A-31,Rockville, Maryland 20857.


To determine If a record exists, ivriteto the System Manager at the addressabove. An individual may learn if arecord exists about himself or herselfupon written request with notarizedsignature. The-request should include, ifkilown: Name of the researcher, name ofthe study, location of the research site,approximate date of data collection, anyalias used by individual, and assignedclient number.


Same as Notification Procedures.Requesters should also reasonablyspecify the record contents being sought.

An individual who request anotification of. or access to,-a medicalrecord, shall. at the time the request ismade, designate inwriting a responsiblerepresentative who will be willing toreview the record and inform the subjectindividual of its contents at therepresentative's discretion.CONTESTING RECORD PROCEDLJRES

Contact the official at the addressspecified under Notification Proceduresabove and reasonably identify the

.record, specify the information beingcontested, and state the correctiveaction soughtRECORD SOURCE CATECRiES.

Research subjects, patients, drugtreatment programs, clinical evaluators,counselors, psychiatrists,psychotherapists, family members,research assistants, pharmacies,hospitals.SYSTEMS EXEMPTED FROM CERTAINPROVISIONS OF 1HE ACT

None.[FR Do. M-z=z nled -7-81: &43 a.n4BILMo COOE 4119,-8"

Health Resources Administration

Application Announcement for Grantsfor Graduate Training In FamilyMedicine

The Bureau of Health Professions,Health Resources Administration.announces that applications for FiscalYear 1982. Grants for Graduate Trainingin Family Medicine are now beingaccepted under the authority of section786(a) of the Public Health Service Act.

Section 786(a) of the Public HealthService Act authorizes the award ofgrants to public or nonprofit privatehospitals, schools of medicine orosteopathy, and other public or privatenonprofit entities to assist in meeting thecost of planning, developing andoperating or participating m approvedgraduate training programs in the fieldof family medicine. In addition, section786(a) authorizes assistance in meetingthe cost of supporting trainees in suchprograms who plan to specialize or workin the practice of family medicine.

To receive support, programs mustmeet the requirements of FinalRegulations, published in the FederalRegister on October 10, 1980, 42 CFR.Part 57, Vol. 45).

In the funding of approvedapplications, -preference will be given toprojects in which:

(1) Substantial training experience isIn settings which exemplifyInterdependent utilization of physicians

40585

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 /'Notices

and physician assistants or nursepractitioners; and/or

(2) Substantial portions of the projectare conducted m a health manpowershortage area(s) designated undersection 332 of the Public Health ServiceAct, or in an Area Health EducationCenter, funded, at least in part, undersection 781 of the Act.

Requests for application materials andquestions regarding grants policy shouldbe directed to: Grants ManagementOfficer (1315), Bureau of HealihProfessions, Health ResourcesAdministration, Center Building, Room4-27, 3700 East-West Highway,Hyattsville, Maryland 20782; Phone:(301) 436-6564.

Questions regarding the programmaticaspects of these grants should bedirected to: Primary Care EducationBranch, Division of Medicine, Bureau ofHealth Professions, Health ResourcesAdministration, Center Building, Room3-30, 3700 East-West Highway,Hyattsville, Maryland 20782; Phone:(301) 436-6583.

To be considered for Fiscal Year 1982funding, applications must be receivedby the Grants Management Officer,Bureau of Health Professions, BRA, atthe above address no later than jSeptember 8,1981.

Fiscal Year 1982 materials are beingmade available without final action onHealth Professions legislation and therelated Fiscal Year 1982 budget.Therefore, adjustments and otherchanges may be necessary at a laterdate.

This program is listed at 13.379 m theCatalog of Federal Domestic Assistance.Applications submitted in response tothis announcement are not subject toreview by State and areawideclearinghouses under the procedures mthe Office of Management and BudgetCircular A-95.

Note that § 57.1608 of the program-regulations provides for compliancewith the requirements of Title XV of thePublic Health ServiQe Act relating toreview and approval of grantapplications by health systems agencies.Applicants for Fiscal Year 1982 support,however, will not be subject to thisrequirement unless specificallyrequested to do so by a health systemsagency.

Dated: August 4, 1981..Robert Graham,Acting Administrator.IFR Bor. 81-Z3izS Filed 8-7-81: 8:45 am]

BILWNG CODE 4110-83-M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AA-8096-1, AA-8096-3]

Alaska Native Claims SelectionThis decision approves ANCSA Sec.

12(c) lands in the area of Icy Bay forconveyance to Chugach Natives, Inc.

On November 13, 1974, and onDecember 18,1975, Chugach Natives,Inc. filed selection applications AA-8096-1 and AA-8096-3, respectively, asamended, under the provisions of Sec.12(c) of the Alaska Native ClaimsSettlement Act (ANCSA) of December18, 1971 (85 Stat. 688, 701; 43 U.S.C. 1601,1611(c) (1976)), for the surface andsubsurface estates of certain landswithdrawn pursuant to Sec. 11(a)(3) ofANCSA.

Section 11 of the amendment to the-Alaska Native Claims Settlement Act(ANCSA) of January 2,1976 (89 Stat.1145, 1150; 43 U.S.C. 1613 (1976)),provides that the boundary between thesoutheastern and Chugach regions shall'be the 141st meridian.

On February 10, 1981, the Secretary ofthe Interior and Chugach Natives, Inc.,entered into an amended. Stipulationand Agreement in partial settlement ofChugach Natives, Inc., v. Cecil Andrus,Civil Action No. 75-2113, D.D.C.Paragraph 9 of the Stipulation andAgreement provides for theIdentification by Chugach Natives, Inc.,of lands it desires conveyance topursuant to Section 12 of the ANCSA.Paragraph 9 also provides that inpnoritizing lands to which it desiresconveyance, Chugach Natives, Inc., willnot delete lands identified forconveyance within the "Icy Bay"

deficiency area as described in Section11(h) of the amended Stipulation andAgreement.

Subparagraph (a) of 43 U.S.C. 2652.3provides that "whenever a regionalselection is made in any township, theregional corporation shall select allavailable lands in that township."Paragraph 10 of the amended Stipulationand Agreement contains the waiver bythe Secretary of the Interior of theprovisions of 43 CFR 2652.3(c).

These lands do not include any lawfulentry perfected under or beingmaintained in compliance with lawsleading to acquisition of title.

In view of the foregoing, the surfaceand subsurface estates of the followingdescribed lands, selected pursuant toSec. 12(c) of ANCSA, aggregatingapproximately 47,749 acres, areconsidered proper for acquisition byChugach Natives, Inc., and are hereby

approved for conveyance pursuant toSec. 14(e) of ANCSA:Copper River Meridian, Alaska (Unsurvoyed)T. 23 S., R. 23 E.

Sees. 13,14, and 15 (fractional);Sees. 21 to 24 (fractional), Inclusive,Sec. 25;Secs. 26, 27, and 28 (fractional);Seas. 34 and 35 (fractional);Sec. 36.Containing approximately 3,730 acres,

T. 24 S., R. 23 E.Seas. 1, 2, and 3 (fractional).Containing approximately 845 acres.

T. 23 S., R. 24 E.Seas. I and 2;Secs. 3 to 0 (fractional), inclusive;Sees. 7 (fractional), excluding Native

Allotments AA-7030 Parcel B, AA-7016Parcel D, and AA-7948 Parcel A;

Secs. 8 (fractional), excluding Nativeallotments-AA-7616 Parcel D, AA-7030Parcel B, AA-8349, and AA-7048 ParcelA;

Sees. 9 and 10 (fractional);Secs. 11 to 16, inclusive;Sec. 17 (fractional), excluding Native

allotments AA-8349, AA-0344, and AA-7949;

See. 18 (fractional), excluding Nativeallotment AA-7948 Parcel B;

Sees. 19 to 36, inclusive.Containing approximately 18,138 acres,

T. 24 S., R. 24 E.Seas. 1, 2, and 3;Sec. 4 (fractional];Sec. 5 excluding Native allotment AA-6343;Sec. 6 (fractional), excluding Native

allotment AA-6343;Secs. 7 to 10 (fractional), Inclusive;Seas. 11 and 12;Seas. 13,14,15, and 24 (fractional).Containing approximately 6,740 acres.

T, 23 S., R. 25 E. ,Seas. 19, 30, 31, and 32.Containing approximately 2,613 acres.

T. 24 S., R. 25 E.Seas. 3 to 11, inclusive;Seas. 13 to 17, inclusive:Seas. 18,19, and 20 (fractional];Seas. 21 to 25, inclusive;Seas. 26 to 29 (fractional), inclusive:Seas. 35 and 30 (fractional).Containing approximately 15, 298 acres.

T. 25 S., R. 25 E.Sec.'1 (fractional).Containing approximately 40 acres,

T. 25 S., R. 26 E.Sea. 5 (fractional), all west of longitude

141°00' W.,Sec. 6 (fractional).Containing approximately 345 acres.Aggregating approximately 47,749 acres,

The lands excluded in the abovedescription are not being approved forconveyance at this time and have beenexcluded for one or more of thefollowing reasons: Lands are no longerunder Federal jurisdiction; lands areunder applications pending furtheradjudication; lands are pending adetermination under Section 3(e) ofANCSA, or lands were previously

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rejected by decision. Lands within U.S.Surveys which are excluded aredescribed separately m this decision ifthey are available for conveyence. -These exclusions do not constitute arejection of the selection application,unless specifically so stated.

No inland water bodies weredetermined to be navigable within thearea to be conveyed.

All other named and unnamed waterbodies within the area to be conveyedwere considered. Based on existingevidence, they were determined to benonnavigable.

the grant of the above-described landsshall be subject to:

1. Issuance of a patent confirming theboundary description of the unsurveyedlands heremabove granted afterapproval and filing by the Bureau ofLand Management of the official plat ofsurvey covering such lands;

2. Valid existing rights therein, if-any,including but not limited to thosecreated by any lease (including a leaseissued under Sec. 6(g) of the AlaskaStatehood Act of July 7,1958 (72 Stat339, 341; 48 U.S.C. Ch. 2, Sec. 6(g))),contract, permit, right-of-way, oreasement, and the right of the lessee.contractee, permittee, or grantee to thecomplete enjoyment-of all rights,privileges, and benefits thereby grantedto him. Further, pursuant to Sec. 17(b)(2)of the Alaska Native Clains SettlenientAct of December 18, 1971 (43 U.S.C.1601,1616(b)(2)) (ANCSA), any validexisting right recogmzed by ANCSAshall continue to have whatever right ofaccess as is now provided for underexisting law;, and

3. Requirements of Sec. 11 of theamendment to the Alaska Native ClaimsSettlement Act (ANCSA) of January 2,1976 (89 Stat. 1145, 1150; 43 U.S.C. 1613),that the Regional Corporation for theChugach region shall accord to. theNatives enrolled to the Village ofYakutat the same rights and privilegesto use any lands which may beconveyed to the Regional Corporation inthe vicmity of Icy Bay for such purposesas such Natives have traditionally made -thereof, as the Regional Corporationaccords to its own shareholders.

It is estimated Chugach Natives, Inc.is entitled to conveyence of a minimumof approximately 333,558 acres of landselected pursuant to Sec. 12(c) ofANCSA. Together with the lands heremapproved, approximately 47,749 acres ofthis entitlement have been approved forconveyance; the remaining entitlementwill be conveyed at a later date.

There are numerous water bodies andwaterways which are tidally influenced.The extent of tidal influence will bedetermined at the time of survey.

In accordance with Departmentregulation 43 CFR 2650.7(d), notice ofthis decision is being published once inthe Federal Register and once a week,for four (4) consecutive weeks, in theCordova Times.

Any party claiming property interestin lands affected by this decision, anagency of the Federal government, orRegional Corporation may appeal thedecision to the Alaska Native ClannsAppeal Board, provided, however,pursuant to Public Law 96-487, thisdecision constitutes the finaladumstrative determination of theDepartment of the Interior concerningnavigability of water bodies.

Appeals should be filed with AlaskaNative Claims Appeal Board, P.O. Box2433, Anchorage, Alaska 99510, with acopy served upon both the Bureau ofLand Management, Alsaka State Office,701 C Street. Box 13, Anchorage, Alaska99513, and the Regional Solicitor, Officeof the Solicitor, 510 L Street, Suite 408,Anchorage, Alaska 99501. The timelimits for filing an appeal are:

1. Parties receiving service of thisdecision shall have 30 days from thereceipt of this decision to file an appeal

2. Unknown parties, parties unable tobe located after r~asonable efforts havebeen expended to locate, and partieswho failed or refused to sign the returnreceipt shall have until September 9,1981 to file an appeal.

Any party known or unknown who isadversely affected by this decision shallbe deemed to have waived those rightswhich were adversely affected unless anappeal is timely filed with the AlaskaNative Claims Appeal Board.

The conveyance issued for the surfaceand subsurface estates of the landsdescribed above shall contain thefollowing reservation to the UnitedStates:

Pursuant to Sec. 17(b) of the AlaskaNative Claims Settlement Act ofDecember 18, 1971 (85 Stat. 688, 708; 43U.S.C. 1601, 1616(b)), the followingpublic easement, referenced byeasement identification number (EIN) onthe easement maps attached to thisdocument, copies of which will be foundin case file AA-12818, Is reserved to theUnited States. All easements are subjectto applicable Federal, State, orMumcipal corporation regulation. Thefollowing Is a listing of uses allowed foreach type of easement. Any uses whichare not specifically listed are prohibited.

One Acre Site-The uses allowed fora site easement are: vehicle parking(e.g., aircraft, boats, ATV's,snowmobiles, cars, trucks), temporarycamping, and loading or unloading.Temporary camping, loading, orunloading shall be limited to 24 hours.

(EIN 15 C5) A one (1) acre siteeasement upland of the mean high tideline m Sec. 18, T. 23 S., R. 24 E., CopperRiver Meridian. on the south shore of IcyBay.

To avoid summary dismissal of theappeal, there must be strict compliancewith the regulations governing suchappeals. Further information on themanner of and requirements for filing anappeal may be obtained from the Bureauof Land Management. 701 C Street. Box13, Anchorage, Alaska 99513.

If an appeal is taken, the party to-beserved with a copy of the notice ofappeal is: Chugach Natives, Inc., 903West Northern lights Blvd., Suite 201.Anchorage, Alaska 99503.Barbara A. Lange,Acting Chief, Branch ofAdjudi cation.[FR D=c 81-Ziio FiIL.d 8-4u &t45 anal

SILNG COOE 4310."-U

[C-332351Invitation for Coal Exploration License;

Colorado Westmoreland, Inc.Colorado Westmoreland, Inc. hereby

invites all interested parties toparticipate on a pro rata cost sharingbasis in its coal exploration programconcerning Federally owned coalunderlying the following-described landin Delta County, Colorado:T. 13 S.. R 91 W, Cth P.I.

Sec. 5: All:Sec. 6: All:Scc. 7: Lots 1-2 E . E NIV4;Sec. 8: All;Sec. 17 E. N NW :Sec. 18: NNEV4 SW NE , NW SEV.

SSEY:Sec. 19: Lots 1-3, NEW. SEV4NWY:Sec. 20: Lots 1-3.

T. 13 S.. R92 W., 6th P.M.,Sec. 1: Al-Sec. 2iAl-Sec. 3: All;Sec. 10. All:Sec. 11: All.Sec. 12: Lots 1-8.10--14. SW SW ;Sec. 13: Lots 2. 7-10. NIV ;Sec. 14: Al:Sec. 15: Ali;Sec. 22: NVi, NS%. SWV4SWV4:Sec. 23: N%, N S . SV SE Y.A total of 9,873.8a acres.

A detailed description of the proposeddrilling program is available for reviewduring normal business hours m thefollowingoffices (under Serial NumberC-33235: Bureau of Land Management.2000 Arapahoe Street. Denver, Colorado80205, and the Burbau of LandManagement. 338 South 10th Street.Montrose, Colorado 81401.

This notice of invitation will bepublished In the Delta County

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8 Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

Independent newspaper once each weekfor two (2) consecutive weeks beginningthe week of August 6, 1981, and in theFederal Register. Any party electing toparticipate in this exploration programmust sent written notice to both theBureau of Land Management andColorado Westmoreland, Inc. no laterthan thirty (30) days after publication ofthis invitation in the Federal Register.The written notice should be sent to thefollowing addresses: ColoradoWestmoreland, Inc., Attention:Christopher K. Seglem, 9034 East EasterPlace, Suite 205, Englewood, Colorado8011g, and the Bureau of LandManagement, Colorado State Office,Attention: Alvah Q. Whitledge, TeamLeader, Montrose, Branch ofAdjudication, 2000 Arapahoe Street,Denver, Colorado 80205.

The foregoing notice will probably bepublished in the Federal Registerpursuant to Title 43 of the Code ofFederal Regulations, § 3410.2-1(d(1).,during the second full week in August,1981.Alvah Q. Whitledge,Leader, Montrose Team, Branch ofAdjudicatio.7.[FR Doc. 81-23242 Filed 8-7-81; 8.45 amj

BILLING CODE 4310-84,-M

New Mexico Generating Station,Environmental Impact Statement,Preparation SupplementAGENCY: Bureau of Land Management;Interior.ACTION: Revise the project proposal ofPublic Service Company of New Mexicoto delete the construction of a 500 kVtransmission line from the generatingstation to the Los Angeles Basin,Calif oia.

SUMMARY: A notice of intent to preparean Environmental Impact Statement(EIS) on a proposed 2000 megawatt coal-fired generating station in San JuanCounty, New Mexico, the New MexicoGenerating Station (NMGS], waspublished in the Federal Register onNovember 15, 1980 (45 FR 74998). Aproject amendment was announced inthe Federal Register on June 2,1981 (46FR 29544), to include the construction ofa 500 kV transmission line from theplant site to the Los Angeles Basin,California, referred to as the out-of-statetransmission (OST) portion of theproject.

The Public Service Company of NewMexico has withdrawn the applicationfor the OST. This notice, therefor6,deletes the OST portion of the proposal.

The EIS will include the plant, a waterpipeline to provide cooling water, two

500 kV lines serving Albuquerque, NewMexico, and the possible developmentof either a construction camp or smalltownsite. -

Both 100-year floodplains andwetland-riparian habitat may beimpacted by the proposal.

Scoping has occurred for the originalelements of the proposal.AODRESS: Bureau of Land Management,New Mexico State Office, P.O. Box 1449,Sante Fe, New Mexico.FOR FURTHER INFORMATION CONTACT:Leslie Cone, Bureau of LandManagement, New Mexico State Office,P.O. Box 1449, Santa Fe, New Mexico,87501, (505) 988-6467, FTS 476-6467Ed Hastey,Associate Director, Bureau of LandManagement.August 5,1981.FR Doc. 81-23260 Filed 8--81:8:45 am)BILLING CODE 4310-4-M

Bureau of Reclamation

Contract Negotiations With the Townof Somerton, Arizona; Intent ToNegotiate a Water Service Contract

The Departmenf of Interior, throughthe Bureau of Reclamation, intends toinitiate negotiations with the town orSomerton, Arizona, and the YumaCounty Water Users' Association(Association] of Yuma Arizona, for acontract providing water service to thetown of Somerton. The Arizona WaterCommission approved the proposed useof Colorado River water and requestedthat the Secretary negotiate a contractwith Somerton for that purpose. The -proposed contract with Somerton andthe Association would be for permanentservice in accordance with the BoulderCanyon Project Act (45 Stat. 1057), andthe Act of February 25, 1920 (41 Stat.451), for furmshing water formiscellaneous purposes.

Ground-water wells presently supplythe town's needs but, because ofdeteriorating water quality, the townrequested an allocation of 750 acre-feetper year of Colorado River water. Thewater would be diverted at ImperialDam and delivered through YumaProject facilities. As the water Wouldalso pass through the All-AmericanCanal, approval of the proposedcontract by Imperial Irrigation Districtwill be required.-The town plans toconstruct water treatment facilities andinstall water measuring meters. The ratecharged by the United States would be$0.25 per acre-foot of Colorado Riverwater diverted, as provided in thecontract between the United States andthe State of Arizona, executed February

9, 1944. That rate is subject toadjustment after 1987, when theconstruction costs of Boulder Dam areexpected to be fully repaid. In addition,an appropriate portion of the operationand maintenance costs associated withdelivery of the water by the Associationwill.be included in the water charges.

All meetings scheduled by the Bureauwith officials of the town of Somertonfor the purpose of discussing the termsand conditions for the proposed contractwill be open to the general public asobservers. Advance notice of meetingswill be furnished to those parties whohave submitted a written request fornotification at least 1 week prior to ascheduled session. The public Is Invitedto submit written comments on the formof the proposed contract for a 30-dayperiod after the completed contract draftis made available to the public.However, unless significant publicinterest in the negotiations Is generatedby this notice and local news releases,the availability of the proposed form ofthe contract for public review andcomment may not be formerly publishedthrough the Federal Register or othermedia.

Written comments and requests forinformation should be directed to theRegional Director, Bureau ofReclamation, Attention" Code 440, P.O.Box 427, Boulder City, Nevada 89005.Also, information may be requested ofMrs. Lois Casey by telephone, (806) 378-5430. All written correspondenceconcerning the proposed contract will bemade available to the public pursuant tothe Freedom of Information Act (80 Stat.383), as amended.

Dated: August 4, 1981.J. 0. Church,Acting Assistant Commissioner ofReclamation.IFR Doc. 81-23153 Filed 8-7-1: 8AS am)BILUNG CODE 4310-39-M

Geological SurveyValuation of Federal Coal Used for in

Situ Gasification

AGENCY: Geological Survey, Interior.ACTION: Request for public comment.

SUMMARY: The Geological Survey hasrecently received information whichindicates interest In projects to convertcoal to low and medium btu gas by insitu processes and has learned that oneproposor, World Energy Corporation,has requested financial assistance fromthe Synthetic Fuels Corporation. Thisinterest in situ gasification Is ofsignificance to the Geological Survey

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Federal Register I VoL 46, No. 153 / Monday, August 10, 1981 / Notices

because some of the coal used for in situgasificationis likely to come fromFederal leases for which the GeologicalSurvey has certain responsibilities. Inparticular, the Geological Survey isresponsible for valuing Federally ownedcoal for purposes of calculating royaltiesand for purposes of leasing to privateparties for development Our reason forrequesting public comments on how thecoal should be valued is that in situgasified coal cannot be valued m theusual fashion, which is the sale price fob-the mine. The Geological Survey willtherefore accept comments on thevaluation of coal for in situ gasificationand notes that the followmgvaluationmethods are among those that havebeen suggested:

1. Value based on comparable coalused for distant steam electric facilities.

2. Value based on comparable coalused for on-site steam-electric facilities.

3. Value based on comparable coalused for gasification or liquification in asurface facility.

4. A valuation system based-on theallocated cost of coal produced andused in the in situ facility.

5. A net back from the market valuesystem based on the value of the lowand medium btu gas: and/or finalproducts excluding noncoal costs suchas advanced processing and -.transportation.

6. A valuation system similar to one inwhich the btus of gas produced are.valued at the cost in cents/btu ofregional steam coal With an adjustmentfor in situ conversion efficiency.

Comments should take into accountthe specific factors relating to the -valuation of Federal in situ coalincluding but not limited to thefollowing:

1. The value of in situ coal forgasification may defer from steam coalbecause btu content, depth, and otheracceptable characteristics may bedifferent. In fact, no steam coal marketfor such coal may exist.

2. In situ gas is often intended fordifferent markets than current coalmarkets and thus will have differenttransport costs, final values, and inplace values.

3. The low and medium btu gasproduced, maybe hard to value and thevaluation of final products such asmethane, methanol, electricity, orgasoline may be difficult.

4. A utility type cost based valuationof in situ coal may be difficult becausethe allocation and accounting systemsused may be arbitrary or otherwisecontroversial.

5. Calculation of the amount of coalused in an in situ bum may be difficult.

6. Any methane in the coal leases may

be owned by the oil and gas lessee.7. Large blocks of coal are required

which in turn may imply the need forfurther sales, exchanges or cooperativeagreement by the Federal Government.

8. Federal royalty rates on coal usedfor synthetic purposes have not yet beendetermined and have no minimum bystatute.

9. Many plans for above groundgasification are reportedly proceedingand their relation to in situ projects isnot clear.

10. Valuations using btu equivalentsteanri coal costs for valuing the gasproduced require selection of conversionfactors between low or medium btu gas,in situ coal and regional coalequivalents.

11. In addition to the above, theGeological Survey would appreciatereceiving comments indicating theamount of industry interest in in situgasification as well as descriptions andlocations for facilities. Moreover.discussion of the current state oftechnical and commercial feasibility ofsuch projects would be helpful.DAE: Comments should be received nolater than October 9, 1981.ADDRESS-. If information submitted isconsidered to be proprietary, theinformation should be s'labeled assuch in the first page of the writtencomment. The U.S. Geological Surveywill treat this information asconfidential if authorized by theexemption provisions of the Freedom ofInformation Act. Interested personsshould submit their views andcomments in writing to: Deputy DivLsion.Chief, Onshore Minerals Regulation.Conservation Division. 12201 SunriseValley Drive, MS 650, National Center,Reston. Virginia 22092.FOR FURTHER INFORMATION CONTACT.Erick V. Kaarlela, Chief, Branch ofEconomic Evaluation, Onshore MineralsRegulation. Conservation Division. 12201Sunrise Valley Drive., MS 650, NationalCenter, RestonVirgima 22092, Tel 703-850-6822.

Dated. July 31,1981.Wright C. Sheldon.AcLingDeputyDivsion Chwffor OnshoreMinerals Regulation, Conservation DivisOi.[FR Doe. 81-,"o FLed 8.-7. a4 t=!BILLING CODE 4310-31-M

INTERSTATE COMMERCE

COMMISSION

[Docket No. AB-1 (Sub-No. 127F)l

Chicago and North WesternTransportation Co.; Abandonment InRice County, MN; Findings

Notice is hereby given pursuant to 49U.S.C. 10903 that by Certificate and

Decision, a finding, which isadministratively final, was made by theCommission. Review Board Number 3.stating that, subject to the conditions forthe protection of railway employeesprescribed by the Commission in OregonShort Line IL Co.-AbandonmentCoshen, 360 LCLC. 91 (1979). the presentand future public convenience andnecessity permit the abandonment bythe Chicago and North WesternTransportation Company of a line ofrailroad known as the Northfield-Dundas line extending from railroadmilepost 58.1 near Northfield to railroadmilepost 55.7 near Dundas, a distance of2.4 miles. m Rice Conty, MN. Acertificate of public convenience andnecessity permitting abandonment wasissued to the Chicago andNorthWestern Transportation Company.Since no Investigations was instituted,the requirements of § 1121.38(b) of theRegulations that publication of notice ofabandonment decisions in the FederalRegister be made only after such adecision becomes administratively finalwas waived.

Upon receipt by the carrier of anactual offer of financial assistance, thecarrier shall make available to theofferor the records, accounts, appraisals,working papers, and other documentsused in preparing Exhibit I (§ 1121.45 ofthe Regulations). Such documents shallbe made available during regularbusiness hours at a time and placemutually agreeable to the parties.

The offer must be filed with theCommission and served concurrently onthe applicant, with copies to Ms. EllenHanson, Room 5417. InterstateCommerce Commission. Washington.DC 20423, no later than 10 days frompublication of this Notice. The offer, asfiled, shall contain information requiredpursuant to § 1121.38(b) (2) and (3) of theRegulations. If no such offer is received,the certificate of public convenience andnecessity authorizing abandonmentshall become effective 30 days from theservice date of the certificate.Agatha L ergenovich.

SecretaryIFR Doe.-isira Fxi -M1&45 amIBILLING CODE 7035-01-U

[Ex Parte No. 387 (Sub-No. 41)]

Lamollle Valley Railroad Co.Exemption for Contract Tariff ICC-LVRC C-0001AGENCY Interstate CommerceCommission.ACTION: Notice of provisionalexemption.

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40590 Federal Register I Vol. 46, No. 153 I Monday, August 10, 1981 I Notices

SUMMARY: Petitioner is granted aprovisional exemption under 49 U.S.C.10505 from the notice requirements of 49U.S.C. 10713(e). Its contemporaneouslyfiled contract tariff will become effectiveon one day's notice. This exemptionmay be revoked if protests are filedwithin 15 days of publication m theFederal Register.FOR FURTHER INFORMATION CONTACT.Jane F Mackall, (202),275-7656.SUPPLEMENTARY INFORMATION: LamoilleValley Railroad Company (LVRC) fileda petition on July 24, 1981, seeking anexemption.under 49 U.S.C. 10505 fromthe statutory notice provisions of 49U.S.C. 10713(e). It requests that weadvance the effective date of itscontemporaneously filed contract tariffICC-LVRC-C-0001, now August 24,1981, so that the effective date would beon one day's notice.

The contract covers the storage of St.Regis Paper Company's (St. Regis)excess printing paper at Morrisville, VTby LVRC. St. Regis operates a majorprinting paper plant at Bucksport, MEwhich produces approximately 1,100tons of finished paper per day. Realizingthat the supply of paper would soonexceed the plant's total storagecapacity, St. Regis negotiated withLVRC to secure additional storagespace. It entered intor a rail servicecontract with LVRC providing for thestorage of its excess paper, over a 30day period, on LVRC's surplus freightcars.

There is no provision for waiving thesection 10713(e) requirement that'contracts must be filed to becomeeffective on not less than 30 nor morethan 60 days' notice. CF. former section10762(d)(1). However, we may addressthe same relief under our section 10505exemption authority and we do so here.

We believe that the circumstances mthis instance justify an exemption. Adenial.of the petition could lead to theclosure of the Bucksport plant becausethe supply of finished paper will soonexceed total storage capacity. Moreover,there is no indication that LVRC'sobligation to provide service toiothershippers will be impaired by itsperformance under the contract. Thesurplus cars LVRC will provide arepresently idle and are not committed toother rail service. These cars will beloaded at the Bucksport plant and thenmoved onto LVRC's track for storage. Inthese circumstances, authorizauon of aprovisibnal exemption is warranted, andLVRC's contrast tariff JCC-LVRC-C-0001 may become effective on one day'snotice.

We will apply the followingconditions which have been imposed insunilar exemption proceedings:

If the Commission permits the contract tobecome effective on one day's notice, thisfact neither shall be construed to mean thatthis is a Commission approved contract forpurposes of 49 U.S.C. 10713(g) nor shall itserve to deprive the Commission ofjurisdiction to institute a proceeding on itsown initiative or on complaint, to review thiscontract and to disapprove it.

Subject to compliance with theseconditions, under 49 U.S.C. 10505(a) wefind that the 30 day notice requirementin this instance is not necessary to carryout the transportation policy of 49 U.S.C.10101a and is not needed to protectshippers from abuse of market power.Further, we will consider revoking theseexemptions under 49 U.S.C. 10505(c) ifprotests are filed within 15 days ofpublication in the Federal Register.

This action will not significantly affectthe quality of the human environment orthe conservation of energy resources.(49 U.S.C. 10505)

Decided: August 3,1981.By the Commission, DivisionL1,

Commissioners Clapp, Trantum, and Taylor.Commissioner Taylor did not participate.Agatha L. Mergenovich,Secretary.[FR Doc. 81-23183 Filed 8-7-i: 8:45 am]BILLING CODE 7035-01-M

[Docket No. AB-3 (Sub-No. 26F)]

Missouri Pacific Railroad Co.;Abandonment in Caddo Parish, La;Findings

Notice is hereby given pursuant to 49U.S.C. 10903 that by a Certificate andDecision, a finding, which isadministratively final, was made by theCommission, Review Board Number 3,stating that, subject to the conditions forthe protection of railway employeesprescribed by the Commission in OregonShort Line R. Co.-AbandonmentGoshen, 360 I.C.C. 91 (1979), the presentand future public convenience andnecessity permit the abandonment bythe Missouri Pacific Railroad Companyof a part of the line of railroad known asthe Hosston Subdivision extending fromrailroad milepost 9.4, near Good Roads,LA to milepost 35.1, the end of the line,near Hosston, LA, a distance of 25.7miles, in Caddo Parish, LA. A certificateof public convemence and necessitypermitting abandonment was issued tothe Missouri Pacific Railroad Company.Since no investigation was instituted,the requirement of § 1121.38(b) of theRegulations that publication of notice ofabandonment decisions in the Federal

Register be made only after such adecision becomes administratively finalwas waived.

Upon receipt by the carrier of anactual offer of financial assistance, thecarrier shall make available to -theofferor the records, accounts, appraisals,working papers, and other documentsused in preparing Exhibit I (§ 1121,45 ofthe Regulations). Such documents shallbe made available duringregularbusiness hours at a time and placemutually agreeable to the parties.

The offer must be filed with theCommission and served concurrently onthe applicant, with copies to Ms. EllenHanson, Room 5417, InterstateCommerce Commission, Washington,DC 20423, no later than 10 days frompublication of this Notice. The offer, asfiled, shall contain information requiredpursuant to § 1121.38(b)(2) and (3) of theRegulations. If no such offer is received,the certificate of public convenience andnecessity authorizing abandonmentshall become effective 30 days from theservice date of the certificate.Agatha L Mergenovich,Secretary.[FR Dc. 81-23187 Filed 8-7-81: 0:46 am)BILLING CODE 7035-01-M

[Volume No. 181

Motor Carriers; Applications, AlternateRoute Deviations, and IntrastateApplications

Republications of Grants of OperatingRights Authority Prior to Certification

The following grants of operatingrights authorities are republished byorder of the Commission to Indicate abroadened grant of authority over thatpreviously noticed in the FederalRegister.

An original and one copy of a petitionfor leave to intervene in the proceedingmust be filed with the Commissionwithin 30 days after the date of thisFederal Register notice. Such pleadingshall comply with Special Rule 247(e) ofthe Commission's General Rules ofPractice (49 CFR 1100.247) addressingspecifically the issue(s) indicated as thepurpose for republication, and includingcopies of intervenor's conflictingauthorities and a concise statement ofmtervenor's interest in the proceedingsetting forth in detail the precise mannerin which it has been prejudiced by lackof notice of the authority granted. Acopy of the pleading shall be servedconcurrently upon the carrier'srepresentative, or carrier if norepresentative is named.

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices40590


MC 1423 (Sub-i) (republication), filed-December 6,1979. published in the FR ofApril 22,1980. and rep'ublished thisissue. Applicant- MELNI BUS SERVICE.INC., 29 RiverRoad, Chatham, NJ 07928.Representative: S. Harrison Kahn, Jr.,Suite 733, Investment Building,Washington,).C. 20005. A decision-ofthe Commission, Review Board 2,decided July 21,1981, and served July-.1981, finds that the present and futurepublic convemence and necessityrequire operations by applicant ininterstate or foreign commerce, overregular routes, as a common carrier, bymotor vehicle transportingpassengersand theirbaggage, in the same vehiclewith passengers, and express andnewspapers, between Madison, NJ, andNew York, NY: from Danforth Road andPark Avenue, Madison, NJ, to MainStreet, then over Green Village Road toShunpike Road, then over Green VillageRoad to Hickory Place, then overHickory Place to Southern Boulevard,then over Southern Boulevard toShunpike Road, then over ShunpikeRoad to Chatham Township Line at NoeAvenue, then over Noe Avenue toWatchung Avenue, then over WatchungAvenue to-Summit Line at Ciba, thenover River Road, Summit. NJ, toKennedy Boulevard, then over KennedyBoulevard to Canoe Brook Road, thenover New Jersey Hwy 24 to NewarkInternational Airport, then over the NewJersey Turnpike, Interstate Hwy 95, tothe Lincoln Tunnel, then through theLincoln Tunnel to the New York PortAuthority Terminal at New York. NY,and return over the same route, servingthe intermediate points of Green Village,New Vernon, Chatham, ChathamTownship,-and Summit, NJ; thatapplicant is R, willing, and ableproperly to perform the granted serviceand to conform to the requirements ofTitle 49, Subtitle IV, U.S. Code, and theCommission's regulations. The purposeof this republication is to broaden thescope of authority.

MC150272 (republication), filedMarch 3,1980, published in the FR ofApril 22,1980, and republished thisissue. Applicant: J.J.T. TRUCKINGCORP., 77-25 170th Street, Flushing, NY11366. Representative: Roy A. Jacobs,550 Mamaroneck Avenue, Harrison, NY10528. A decision of the Commission,ReviewBoard1, decided May'21, 1981,and served June 11,1981, finds that thepresent and future public convemence t

and necessity require operations byapplicant in interstate or foreigncommerce, over irregular routes, as acommon carrier, by motor vehicle,transporting brick, tile, sand, block,concrete products, cement, androofing

aggregate (except in bulk), betweenNew York. NY, on the one hand, and, onthe other, points in Connecticut. NewJersey, and New York; that applicant isfit, willing, and able properly to performthe granted service and to conform tothe requirements of Title 49, Subtitle IV.U.S. Code, and the Commission'sregulations. The purpose of thisrepublication is to broaden the scope ofauthority.

MC 153798 (republication). filedJanuary 27,1981, published in the FRissue of February 18,1981, andrepublished this Issue. Applicant AAASPECIAL DISPATCH. INC., P.O. Box75124 AMF, Cincinnati, OH 45275.Representative: Stephen D. Strauss, 2613Carew Tower, Cincinnati, OH 45202. AnDecision of the Commission, ReviewBoard 3, decided May 28,1981, andserved June 22.1981. finds that thepresent and future public convience andnecessity require operations byapplicant minterstate or foreigncommerce as a common carrier, bymotor vehicle, over irregular routes, Inthe transportation ofgeneralcommodities (except classed A and Bexplosives), between points in Butler,Clermont. Hamilton, Warren and ,Montgomery Counties, OH, Campbell,Kenton. Boone, Pendleton. GrantHarrison, and Scott CoUnties, KY, andDearborn County IN, on the one hand.and, on the other, points in the UnitedStates (except Alaska, Hawaii, Idaho.Maine, Montana, New Hampshire, New.Mexico, NorthDakota, Rhode Island,South Daktoa, Vermont, and Wyoming),that applicant is fit, willing, and ableproperly to perform such service and toconform to the requirements of theInterstate Commerce Act and theCommission's rules and regulations. Thepurpose of the republication is toindicate applicant's actual grant ofauthority.

MOTOR CARRIER ALTERNATEROUTE DEVIATIONS

The following letter-notices to operateover deviation routes for operatingconvenience only have been filed withthe Commission under the DeviationRules-Motor Carrier of Passengers (49CFR 1042.2(c)(9)).

Protests against the use of anyproposed deviation route hereindescribed may be filed with theCommission in the manner and formprovided in such rules at any time, butwill not operate to stay commencementof the proposed operations unless filedwithin 30 days from the date of thisFederal Registger notice.

Each applicant states that there willbe nosignificnat effect on either the

quality of the human environment orenergy policy and conservation.

MOTOR CARRIERS OF PASSENGERS

MC 1515 (Deviation No. 760),GREYHOUND LINES, INC., GreyhoundTower, Phoenix' AZ 85077, filed June 4,1981. Carrier prdposet to operate as acommon carrier, by motor vehicle, ofpassengers and their baggage andexpress and newspapers, in the samevehicle with passengers, over adeviation route as follows: FromManistique, MI over MI Hwy 94 toShingleton, MI, and return over the sameroute for operating convenience only.The notice indicates that the carrier ispresently authorized to transportpassengers and the same property overa pertinent service route as follows:From Manistique, MI over US Hwy 2 toRapid River, MI, then over US Hwy 41 tojunction MI Hwy 94 (portions of whichare also designated MI Hwy 28], thenover MI Hwy 94 to Shingleton, MI, andreturn over the same route.

MC 2890 (Deviation No. 99),AMERICAN BUSLINES, INC., 1501 S.Central Ave., Los Angeles, CA 90021,filed June 22,1981. Carrier'srepresentative: George Hanthorn, 1500Jackson SL, Rm. 415, Dallas, TX 75201.Carrierproposes to operate as acommon carrier, by motor vehicle, ofpassengers and their baggage, andexpress and newspapers in the samevehicle with passengers, over adeviation route as follows: FromCleveland, OH, over Interstate Hwy 90to junction Interstate Hwy 80, then overInterstate Hwys 80/90 to junctionInterstate Hwy 280, then over InterstateHwy 280 to Toledo, OH, and retun overthe same route for operatingconvenience only. The notice indicatesthat the carrier is presently authorizedto transport passengers and the sameproperty over a pertient service route asfollows: From Cleveland OH, over OHHwy 254. then over OH Hwy 254 tojunction OH Hwy 57. then over OH 57 toLorain, OH, then over OH Hwy 2 toToledo, OH, and return over the sameroute.

MC 57298 (Deviation No. 1),TRAILWAYS TEXAS, INC., 315Continental Ave., Dallas, TX 75207 filedJune 1, 1981. Applicant's representative:George W. Hanthorn, 1500 Jackson St.,Rm. 415, Dallas, TX 75201. Carrierproposes to operate as a commoncarrier, by motor vehicle, of passengers,and their baggage and express andnewspopers, in the same vehicle withpassengers, over a deviation route asfollows: From junction US Hwy 281 and

t Interstate Hwy 37 (north of Three

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Rivers, TX) over Interstate Hwy 37 toSan Antonio, TX, and return over thesame route for operating convenienceonly, with the right of access whereverthere is an interchange at a junctionwith applicafit's presently certificatedroutes, The notice indicates that thecarrier is presently authorized totransport passengers and the sameproperty over a pertinent service routeas follows: From junction US Hwy 281and Interstate Hwy 37 (north of ThreeRivers, TX) over US Hwy 281 to SanAntonio, TX and return over the sameroute.

MOTOR CARRIER INTRASTATEAPPLICATION(S)

The following application(s) for motorcommon carrier authority to operate inintrastate commerce seek concurrentmotor carrier authorization in interstateor foreign commerce within the limits ofthe intrastate authority sought, pursuantto Section 10931 (formerly Section206(a)(6)) of the Interstate CommerceAct. These applications are governed bySpecial Rule 245 of the Commission'sGeneral Rules of Practice (49 CFR1100.245), which provides, among otherthings, that protests and requests forinformation concerning the time andplace of State Commission hearings orother proceedings, any subsequentchanges therein, and any other relatedmatters shall be directed to the StateCommission with which the applicationis filed and shall not be addrqssed to orfiled with the Interstate CommerceCommission.

South Carolina Docket No. 81-221-T,filed June 25, 1981. Applicant:CHARLESTON CARTAGE CO., INC.,d.b.a. AIR FREIGHT DELIVERY, P.O.Box 558, West Columbia, SC 29171.Representative: William L. Ogletree, mI1,President, Charleston Cartage Co., Inc.,d.b.a. Air Freight Delivery, P.O. Box 558,West Columbia, SC 29171. Certificate ofPublic Convenience and Necessitysought to operate a freight service, asfollows: Transportation of: Commoditiesin general (usual exceptions): Betweenpoints and places m South Carolina,except Abbeville, Anderson, Chester,Cherokee, Greenville, Lancaster,Laurens, Oconee, Pickens, Spartanburg,Union, and York Counties. Restricted:So as not to permit the transportation ofcoin, currency, platinum, jewelry, orprecious stones, in armored vehiclesunder the protection of armed guards.Restricted: So that tractor trailer truckscannot be used under this authority.Restricted: So that no pick up ordelivery service will be performed forretail stores, departmentstores,specialty shops, or warehouses and

branches of such stores. Intrastate,interstate and foreign commerceauthority sought. Hearing: Date, timeand place not yet fixed. Requests forprocedural information should beaddressed to South Carolina PublicService Commission, P.O. Drawer 11649,Columbia, SC 29211, and should not bedirected to the Interstate Commerce-Commission.

By the Commission.Agatha L. Mergenovich,Secretary.IFIR Doc. 81-23189 Filed 8-7-1; 8:45 am]


[Volume No. 137]

Motor Carriers; Permanent Authoritydecisions; Restriction Removals,Decision-Notice

Decided: August 5,1981.The following restriction removal

applications, filed after December 28,1980, are governed by 49 CFR Part 1137.Part 1137 was published m the FederalRegister of December 31, 1980, at 45 FR86747.

Persons wishing to file a comment toan application must follow the rulesunder 49 CFR 1137.12. A copy of anyapplication can-be obtained from anyapplicant upon request and payment toapplicant of $10.00.

Amendments to the restrictionremoval applications are not allowed.Some of the applications may have beenmodified prior to publication to conformto the special provisions applicable torestriction removal.

FindingsWe find, preliminarily, that each

applicant has demonstrated that itsrequested removal of restrictions orbroademng of unduly narrow authorityis consistent with 49 U.S.C. 10922(h).

In the absence of comments filedwithin 25 days of publication of thisdecision-notice, appropriate reformedauthority will be issued to eachapplicant. Prior to beginning operationsunder the newly issued authority,compliance must be made with thenormal statutory and regulatoryrequirements for common and contractcarriers.

By the Commission, Restriction RemovalBoard, Members Sporn, EwMing, and Shaffer.Agatha L. Mergenovich,Secretary.

MC 8457 (Sub-13JX, filed July 21, 1981.Applicant: MILWAUKIE TRANSFER &FUEL CO., P.O. Box 522, Clackamas, OR97015. Representative: Lawrence VSmart, Jr., 419 NW 23rd Ave., Portland,OR 97210. Applicant seeks to remove

restrictions in its lead and Sub-Nos, 2, 5,8, 1oF and 11F certificates to (1) broadenthe commodity descriptions from (a)general commodities (with usualexceptions and those Injurious orcontaminating to other lading) to"general commodities, except classes Aand B explosives", in the lead, (b)laminated wood products (exceptplywood sheets), and timbers, trusses,and beams, fabricated or unfabricatedand hardware used in the inqtallation of,and moving in connection with suchcommodities to "lumber and woodproducts and metal products", in Sub-No. 2, (c) precast concrete products to"clay, concrete, glass or stone products",in Sub-No. 5, (d) prestressed concreteand concrete products to "clay,concrete, glass or stone products", InSub-No. 8, (e) iron and steel articles" to"metal products", in Sub-No. 10F, and (f0heating, ventilating and air conditioningequipment to "metal products andmachinery", in Sub-No. 11F; (2) replacefacilities or city-wide authority withcounty-wide authority: (a) Milwaukle,OR and points within three milesthereof, with Clackamas and MultnomahCounties, OR, in the lead, (b) plantslte ator near Clackamas, OR, with ClackamasCounty, OR, in Sub-Nos. 2 and 5, and (c)Portland, OR, with Mulnomah,Washington, Clackamas and ColumbiaCounties, OR and Clark County, WA;and (3) authorize radial authority toreplace existing one-way authority.

MC 8771 (Sub-80)X, filed July 28, 1901.Applicant: S M TRANSPORT INC., P.O.Box 41, Camp Hill, PA 17011.Representative: John R, Sims, Jr., RobertB. Walker, 915-Pennsylvania Bldg., 425-13th St. N.W., Washington, D.C. 20004.Applicant seeks to remove restrictionsin part of its Sub-No. 76X certificate tobroaden the commodity description fromelectrical antipollution systems andmechanical antipollution systems to"metal products and machinery."

MC 61440 (Sub-215)X, filed July 24,1981. Applicant: LEE WAY MOTORFREIGHT, INC., 3401 N.W. 63rd Strpet,Oklahoma City, OK 73116.Representative: Richard H. Champlin,Esq., P.O. Box 12750, Oklahoma City,OK 73157 Applicant seeks to removerestrictions in its lead and Sub-Nos, 30,37, 42, 43, 44, 46, 47, 48, 52, 53, 54, 50, 57,58, 59, 60, 63, 65, 66, 67, 70, 74, 70, 79, 84,86, 87, 88, 89, 92, 93, 94, 96, 97, 99, 100,102, 103, 105, 108, 110, 111, 116, 118, 119,120, 122, 123, 125, 126, 128, 129, 131, 132,134, 135, 136, 137, 138, 140, 142, 143, 144,145, 147, 148, 149, 151, 153, 154, 155, 157,159, 161, 162F, 163F, 164,165F, 166F,167F, 168F, 170F, 172)F, 178F, 170F 180FB181F, 182F, 183F, 185F, 187F, 190, 191F,

I I40592


192F, 193F, 194F, 196F, 198F, 199F, and203F-certificates to (1) remove allexceptions to its general commoditiesauthority, except classes A and Bexplosives wherever they appear ineach certificate; (2) allow service at allintermediate points on its regular-routeauthorities; (3) authorize round-tripauthority where only one-way exists; (4)delete :exceptions to "in tank vehicles","commodities in bulk" and size orweight; (5) change specified facilities atColumbiana, AL to Shelby County, ALin Sub-No. 194F;-(6) eliminate facilitieslimitation in Sub-No. 199F; and (7)remove miscellaneous restrictions suchas "restricted to delivery only"; "pickuponly"; "restricted to pick up of specifiedcommodities destined to specificpoints"; "foruse as a connecting routeonly"; "for purposes of joinder only";"restricted against rendition of servicebetween specified points"; "originatingat and destined to" specified points;"-'restricted to traffic moving from, to, orthrough specified points";."serving aspecified point for the purpose ofinterlining"; "tacking, interchanging andinterling" restrictions; and "restrictedagainst service between specified off-route points"

MC 86247 (Sub-32)X, filed July 23,1981. Applicant: L C. L.INTERNATIONAL CARRIERS LTD.,1333 College Avenue, Windsor, Ontario,Canada. Representative: Martin J.Leavitt, 22375 HaggertyRoad, P.O. Box400, Northville, MI 48167 Applicantseeks to remove restrictions in its Sub-Nos. 26F, 27, 28F and 29F certificates to(1) broaden the commodity descriptionfrom dry commodities in bulk to"commodities in bulk" and from scrapmetal to "metal products', in Sub-No.26F; from lime and limestone products to"clay, concrete, glass or stone products",in Sub-No. 27; from silica sand,magnesite and refractory sand to "oresand minerals", in Sub-No 28F and fromsteel bars and billets to "metal articles"and frfom used refractory brick to "clay,concrete, glass and stone products", inSub-No. 29F, (2) remove the "in-bulk"and "in dump vehicles" restrictions, inSub-Nos. 27, 28F and 29F, (3) expandnamed ports of entry in MI to all ports ofentry in MI, in all subs, (4) removerestrictions to foreign commerce only, inSub-Nos. 27, 28F and 29F, (5) replaceone-way authority with radial authority,in Sub-No. 27 and (6) broaden theterritorial description by substitutingcounty-wide authority for city-wideauthority as follows: Eaton County, MI[for Charlotte, MI), in Sub-No. 27;LaSalle County, IL (for Ottawa, IL], inSub-No. 28F, and Cook County, IL (for

Chicago, IL) and Lake County, IN (forGary, IN, in Sub-No. 29F.

*MC 95876 (Sub-404)X, filed July 17,1981. Applicant: ANDERSONTRUCKING SERVICE, 203 Cooper Ave.N., St. Cloud, MN 56301. Representative:Stephen F. Grinnell, 1600 TCF Tower,Minneapolis, MN 55402. Applicant seeksto remove restrictions in its Sub-No.370F certificate to (1) remove the "inbulk" restriction, (2) repalce one-wayauthority with radial authority and (3)broaden the territorial description bysubstituting county-wide authority forcity-wide authority and facilities asfollows: Racine, Maralhon and KenoshaCounties, WI (for facilities at or nearRacine and Wausau, WI; Virgo County,IN (for facilities at or near Terre Haute,IN; Des Moines and Scott Counties, IAand Rock Island and HindersonCounties, IL (for facilities at or nearBurlington and Bettendorf, IA) andSedgwick County (for facilities at ornear Wichita, KS).

MC 110166 (Sub-30)X, filed July 23,1981. Applicant: TENNESSEECAROLINA TRANSPORTATION, INC.-P.O. Box 100943; Nashville, TN 37210.Representative: Albert L. Johnson (sameaddress as applicant). Applicant seeksto remove restrictions in Its lead andSub-Nos. 10,17,22, 27F and 28Xcertificates to (1) broaden thecommodity 'description from generalcommodities (with exceptions) to"general commodities (except classes Aand B explosives)"; and (2) authorizeservice at all intermediate points on itsdescribed regular routes between pointsin GA, IL, IN, KS, KY, NC, SC, and TN.in all certificates.

MC 111856 (Sub-17)X, filed July 21,1981. Applicant: CHOCTAWTRANSPORT, INC., 800 Bay BridgeRoad, Pnchar4, AL 36610.Representative: John C. Bradley, Suite1301,1600 Wilson Boulevard, Arlington,VA 22209. Applicant seeks to removerestrictions- in its Sub-Nos. 6, gF, 11F,12F, 14F, and 15F certificates to (A)broaden the commodity descriptions to(1) "general commodities, except classesA and B explosives", from generalcommodities, with usual exceptions, inSub-Nos. 11F and 12F, (2) "chemicalsand related products", from agriculturalchemicals, in bulk, in containers, in Sub-No. 6, (3) "pulp, paperjand relatedproducts", from paper and paperproducts, in Sub-No. OF, (4) "wood pulpand such commodities as are producedor dealt in by manufactirers of paper,paper products and plastic articles,plastic lined metal containers, metalcontainers and metal container ends, inSub-No. 14F, and (5) "chemicals andrelated products, textile mill products,

lumber and wood products, and pulp,paper and related products", from suchcommodities as are dealt in or used bymanufacturers of chemicals, textiles,wood products, and paper and paperproducts, In Sub-No. 15F; [B) broadenthe territorial description to authorizeservice at all intermediate points on itsdescribed regular route between Mobileand Chatam, AL, in Sub-No. 12F; (C]broaden the off-route point authority tocounty-wide authority: (1] Century andCantonment, FL to Escambia County,FL, in Sub-No. 11F, and (2) BladonSprings, Frankville, Kenton and SLStephens, AL, to Choctaw andWashington Counties, AL, in Sub-No.12F, (partl]): and Lisman andRiderwood, AL, to Choctaw County AL,in Sub-No. 12F, (part 3); (D) eliminatethe facilities restriction. in Sub-No. 6; (Eleliminate the restriction limiting serviceto the transportation of traffic having animmediately subsequent movement bywater, in Sub-No. 6; (F) eliminate the"commodities in bulk" restriction inSub-No. 14F; and (G) authorize radialauthority to replace existing one-wayservice between Le Moyne, AL andMobile, AL, n Sub-No. 6.

MC 124170 (Sub-178), filed July 20,1981. Applicant: FROSTWAYS, INC.,3000 Chrysler Service Drive, Detroit, MI48207. Representative; William J. Boyd,2021 Midwest Road, Suite 205, OakBrook, IL 60521. Applicant seeks toremove restrictions in its Sub-Nos. 128Fand 135F certificates to (1) broaden thecommodity description from meats,meat products and meat byproducts,and articles distributed by meat-packinghouses, in Sub-No. 128F and fromfoodstuffs, in Sub-No. 135F to "foocdandrelated products", (2) remove the"except hides and commodities in bulk!"restriction in Sub-No. 128F, (3) removethe "in vehicles equipped withmechanical refrigeration" restrction. inSub-No. 135F, (4) remove the originatingat and/or destined to restrictions in Sub-Nos. IZF and 135F, (5) replace one-wayauthority with radial authority and (6]broaden the tefritonal description bysubstituting county-wide authority forcity-wide authority and facilities asfollows: Defiance, Mianm and FultonCounties, OH (for Defiance, Troy andArchbold, OH), Franklin County, OH(for facilities at or near Columbus, OH.

MC 125996 (Sub-101)X, filed July 16,1081. Applicant: GOLDENTRANSPORTATION,1INC., P.O. Box26908, Salt Lake City, UT 84125.Representative: Stanley C. Olsen, Jr.,5200 Willson Road, Ste. 307, Edina, MN55424. Applicant seeks to removerestrictions from its Sub-Nos. 50F, 5OF

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and 72F certificates to (1) broadencommodity descriptions to 'food andrelated products" from (a) meat, meatproducts, meat by-products, and articlesdistributed by meat packinghouses inSub-No. 5OF; (b) foodstuffs and pet foodsin Sub-No. 56F; and (c) frozen potatoproducts in Sub-No. 72F; and to "general.commodities (except classes A and Bexplosives)" from general commoditieswith the usual exceptions in Sub-No. 56;(2) remove facilities limitation in Sub-No. 50F and replace Crete, NE; withSaline County, NE; (3) change city tocounty-wide authority (a) m Sub-No. 56from Des Moines, IA to Polk County, IAand (b) from Nampa, ID, Hermiston, ORand Connell'and Moses Lake, WA toCanyon County, ID, Umatilla County,OR and Franklin and Grant Counties,WA rn Sub-No. 72, (4) remove the mixedloads restriction m Sub-No. 56, (5)-remove the restriction limitingtransportation to traffic moving fromand to named facilities at named pointsand the restriction to shipments movingon freight forwarders' bills of lading inSub-No. 56; (6) remove the "originatingat and destined to" named pointsrestriction in Sub-No. 50, (7) remove theexcept hides and commodities r bulkrestriction in Sub-No. 50, and (8) changeone-way to radial authority.

MC 128400 (Sub-3)X, filed July 23,1981. Applicant: ZINKE DRAY LINE,INC., 109 East Albert Street, Portage, WI53901. Representative: Richard A.Westley, 4506 Regent Street, Suite 100,P.O. Box 5086, MadisonF WI 53705.Applicant seeks to remove restrictionsin its Sub-No. 1F certificate to (1)broaden the commodity description fromgeneral commodities (with exceptions)to "general commodities (except classesA and B explosives)", (2) broaden theterritorial description by substitutingcounty-wide authority for city-wideauthority Columbia County, W (forPortage, WI) and (3)'eliannate therestriction limiting service to thetransportation of traffic having a prior orsubsequent movement by rail.

MC 142464 (Sub-8)X, filed July 28,1981. Applicant: JOHN M.CHRISTOPHER, 3444 McCarty Lane,Lafayette, IN 47905. Representative:Robert W. Loser, 1101 Chamber ofCommerce Bldg., 320 N. Meridian St.,Indianapolis, IN 46204. Applicant seeksto remove restrictions in its Sub-No. 1permit to (1) broaden the commoditydescription from iron and-steel articles(except in dump trucks) to "metalproducts" and (2) broaden the territorialdescription to between points in the U.S.under continuing contract(s) with anamed shipper.

MC 142879 (Sub-1)X, filed July 20,1981. Applicant: C & C CONTRACTCARRIERS, INC., 1345 Mayson TurnerRd. NW., Atlanta, GA 30314.Representative: Guy H. Postell, Suite713, 3384 Peachtree Rd. NE., Atlanta, GA30326. Applicant seeks to removerestrictions in its lead permit,authorizing the transportation of (a)such merchandise as is sold, used ordealt in by building supply houses(except commodities in bulk), and (b)pallets, by broadening the territorialscope to between points in the U.S.,under continmng contract(s) with namedshippers.

MC 145950 (Sub-93)X, filed April 23,1981, previously noticed in the Federal-Register of May 6,1981, republished'ascorrected this issue. Applicant:BAYWOOD TRANSPORT, INC., 2611University Parks Drive, Waco, TX 76706.Representative: E. Stephen Heisley, 805McLachlen Bank Building, 666 EleventhStreet, N.W., Washington, DC 20001.Applicant seeks to remove restrictionsfrom its Sub-Nos. 1F, 14F, 1SF 22F, 27F,37F, 40F, 50F, 52F, 53F, 54F, 5SF, 56F, 64Fand 84F certificates to (1) broaden thecommodity description from specifiedfoodstuffs and foodstuffs to "food andrelated products" m Sub-Nos. 11F,,14F,15F, 27F, 37F, 5OF, 52F,.53F, 54F, 56F, 64F,and 84F; from soy products, paste andflour products and dairy based products'to "food and related products" m part(1) (b) of Sub-No. 22F; from glasscontainers and fiberboard materials to"clay, concrete, glass or stone productsand pulp, paper and related products" inSub-No. 40F; from foodstuffs and paperand paper products to "food and relatedproducts. and pulp, paper and relatedproducts" in Sub-No. 55F; (2) remove thefacilities limitations m Sub-Nos. 11F,14F, 15F, 22F, 27F, 40F, 5OF, 52F, 53F, 54F,55F, 56F, and 64F; (3) replace specificpoint authority with countywideauthority as follows Elizabeth, NJ withEssex, Hudson, Union, and MiddlesexCounties, NJ and Richmond County, NY,Denver, CO with Denver, Adams,Arapahoe, Douglas,Jefferson, andBoulder Counties, CO, Arlington, TXwith Dallas and Tarrant Counties, TX,Waco, TX with McLennan County, TX,Salt Lake City, UT with Salt Lake,Davis, and Morgan Counties, UT,Vernon, CA with Los Angeles County,CA, Milpitas, CA with Santa ClaraCounty, CA, Detroit, MI with Macomb,Oakland, Wayne and Monroe Counties,MI, Foxboro, MA with Norfolk County,MA, Morrow, GA, with Clayton County,GA, and Albany, GA, with Doughertyand Lee Counties, GA in Sub-Nos. 14and 15; San Diego, CA with San DiegoCounty, CA, Sparks, NV with Washoe

County, NV, Denver, CO, with Denver,Adams, Arapahoe, Douglas, Jeffersonand Boulder Counties, CO, Flagstaff, AZwith Cocomno County, AZ, OklahomaCity, OK with Oklahoma and ClevelandCounties, OK, in Sub-No. 22; Ontario,CA with San Bernardino and LosAngeles Counties, CA, in Sub-No. 27;Tampa, FL with Hillsborough, Pinellasand Phisco Counties, FL in Sub-No. 37;Waco, TX with McLennan County, TXin Sub-No. 40; Sherman, TX withGrayson County, TX in Sub-No. SOF;Fresno, CA with Fresno County, CA InSub-No. 52F; Humboldt, TN with Gibson,County, TN m Sub-No. 53F Ft. Worth,TX with Tarrant County, TX in Sub-No.54F; Dallas, TX with Dallas, Tarrant,Denton, Collin, Rockwall and KaufmanCounties, TX, Lithonia with De KalbCounty, GAin Sub-No. 55F: Mayvillewith Dodge County, WI in Sub-No. 57F;Oak Creek with Milwaukee and RacineCounties, WI in Sub-No. 64F; Mobilewith Mobile and Baldwin Counties, AL,Gulfport with Harrison County, MS,Charleston with Charleston, Berkeleyand Dorchester Counties, SC, andGalveston with Galveston County, TX InSub-No. 84F; (4) remove all restrictionson the commodity descriptions such as"except commodities in bulk, and invehicles equipped with mechanicalrefrigeration" wherever they appear Ineach of the above numbered certificates:(5) eliminate the restrictions againstservice to "AK and HI" wherever theyappear in eqch of the above numberedcertificates; (6) remove the "originatingat and/or destined to" restrictionswherever they qppear in each of theabove numbered certificates; (7) removethe restriction limiting service to thetransportation of traffic having a priormovement by water in Sub-No. 37F and84F; and (8) expand its one-wayauthority to radial authority betweencombinations of points throughout theU.S. The purpose of this republication isto correct the broadening of specificpoint authority to county-wide authorityin part (3) above.

MC 146290 (Sub-12)X, filed July 17,1981. Applicant: DON THREDETRUCKING COMPANY, 1777 ArnoldIndustrial Highway, Concord, CA 94520,Representative: Eldon M. Johnson, 650California Street, Suite 2808, SanFrancisco, CA 94108: Applicant seeks toremove restrictions from its Sub-Nos. IF,3F, 5F and 6F permits to broaden theterritorial description to between pointsin the U.S., under continuing contractswith named shippers in all Subs.

MC 147142 (Sub-1)X, filed July 21,1981. Applicant: MERIC TRUCKING $LEASING CORP., 300 Winston Drive,

I I I

40594


Cliffside Park, NJ 07010. Representative:Kenneth M. Piken, Queens Office Tower,95-25 Queens Boulevard, Rego Park, NY11374. Applicant seeks to removerestrictions in its lead permit to (1)broaden the commodity description fromexpanded foam, plastic articles andmaterials used m the manufacture anddistribution of expanded foam (exceptcommodities in bulk) to "commodities asare delt m or'used by manufacturers ofplastic and plastic articles andchemicals", and (2) broaden theterritorial description to between pointsm the U.S. under continuing contract(s)with a named shipper.

MC 148705 (Sub-6)X, filedJuly 22,1981. Applicant: TWIN CONTINENTALTRANSPORT CORPORATION, 5738Olson Highway, Minneapolis, MN 55422.Representative: Stephen F. Grinnell,1600 TCF Tower, Minneapolis, MN55402. Applicant seeks to removerestrictions in its Sub-No. 2F certiicateto (1) broaden the commoditydescription from meats, meat products,meat byproducts, and articlesdistributed by meat-packing houses to"food and related products" and (2)authorize county-wide authority toreplace existing city-wide authority:Washington, Douglas, and SarpyCounties, NE and Pottawattame andMills Counties, IA (for Omaha, NE);Dodge County, NE (for Fremont, NE);Minnehaha, Turner and LincolnCounties, SD and Lyone County, IA (forSioux Falls, SD); Cook, Will, DuPageand Lake Counties, IL and Lake andPorter Counties, IN (for Chicago, IL);Woodbury and Plymouth Counties, IA,Uion County, SD and Dakota County-NE (for Sioux City, IA).

MC 150578 (Sub-23)X, filed July 24,1981. Applicant: STEVENSTRANSPORT, a division of STEVENSFOODS, INC, 2944 Motley Drive, Suite302, Mesquite, TX 75150. Representative:Michael Richey (same as above).Applicant seeks to remove restrictionsin its Sub-Nos. 6F, 9F and 1OFcertificates to broaden the commoditydescription from meats, meat products,meat byporducts, and articlesdistributed by meat-packing houses inSub-Nos. 6F and 9F, and from alcoholicbeverages and wine in Sub-No. 10F, to"food and related products"IFR Doc. 81-23184-Fled 8-7-81:8:45 azn]

6nLMMG CODE 7035-01-"

Motor Carrier Temporary Authority

Application

Important NoticeThe following are notices of filing of

applications for temporary authority"

under Section 10928 of the InterstateCommerce Act and in accordance withthe provisions of 49 CFR 1131.3. Theserules provide that an original'and two(2) copies of protests to an applicationmay be filed with the Regional Officenamed in the Federal Registerpublication no later than the 15thcalendar day after the date the notice ofthe filing of the applications is publishedin the Federal Register. One copy of theprotest must be served on the applicant,or its authorized representative, if any,and the protestant.must certify that suchservice has been made. The protest mustidentify the operating authority uponwhich it is predicated, specifying the"MC" docket and "Sub" number andquoting the particular portion ofauthority upon which it relies. Also, the.protestant shall specify the service itcan and will provide and the amountand-type of equipment it will makeavailable for use in connection with theservice contemplated by the TAapplication. The weight accorded aprotest shall be governed by thecompleteness and pertinence of theprotestant's information.

Except as otherwise specificallynoted, each applicant states that therewill be no significant effect on thequality of the human environmentresulting from approval of itsapplication.

A copy of the application is on file,and can be examined at the ICCRegional Office to which protests are tobe transmitted.

Note.-All applications seek authority tooperate as a common carrier over Irregularroutes except as otherwise noted.

Motor Carriers of PropertyNotice No. F-143

The following applications were filedin region I. Send protests to: InterstateCommerce Commission. RegionalAuthority Center, 150 Causeway StreetRoom 501, Boston, MA 02114.

MC 75543 (Sub-I-2TA), filed July 28,1981, Applicant: VALLERIE'STRANSPORTATION SERVICE, INC.,465 Connecticut Avenue, Norwalk, CT06852. Representative: Raymond R.Vallerie, c/o Vallerle's Transportation.P.O. Box 880, Norwalk, CT 05852.General commodities (except those ofunusual value, Classes A & Bexplosives, household goods as definedby the Commission, -commodities inbulk, and those requiring specialequipment) between (1) Norwalk, CTand Wayne, Lackawanna, Pike, Luzerne,Monroe, Carbon, Northampton,Schuylkill, Lehigh, Lebanon, Berks,Bucks, Montgomery, Philiadelphia,Lancaster. Chester. and Delaware

Counties. PA (2) between Norwalk, CTand New Castle and Kent Counties DE(3) between Norwalk. CT andBennington and Windham Counties, VT(4) between Norwalk. CT and Cheshire,Merrimack, Hillsborough. Strafford. andRockingham Counties. NH. Supportingshipper(s): Warner-Lambert Co.. 201Tabor Rd., Morris Plains, NJ 07950,Jenkins Bros., I Frank St., Fatifield. CT06430; MK Laboratories. Inc., 424Grasmere Ave., Fairfield. CT 06430,Federal Business Products, Inc.,Pinewood Industrial Park. P.O. Box 689,Tomngton, CT 06790; UARCO, Inc.. 5Bridge St., Deep River, CT 06417.

MC 152663 (Sub-I-ITA), filed July 27,1981. Applicant: ISC TRANSYSTEMS,INC., 100 Jericho Quadrangel. Jericho,NY 11753. Representative: Larsh B.Mewhmney. Esq., Moore, Berson,Lifflander & Mewhinney 555 MadisonAvenue, New York. NY 10022. Contractcorner irregular routes: MetalProductsas defined in STCC Code Nos. 33 and 34between all points in the U.S. (exceptAK and HI). under continuingcontract(s) with Laribee Wire, Inc.Farmingdale, NY. Supporting shipper(s):Laribee Wire. Inc., 101 Central Ave..Farnungdale, NY 11735.

MC 148893 (Sub-1-11TA). filed July 27,1981. Applicant: WREN TRUCKING.INC., 1989 Harlem Road. Buffalo. NY14212. Representative: James E. Brown.36 Brunswick Road, Depew, NY 14043.Machinery, machine parts and machinetools between all points m4he.LS.(except AK and HI). Supporting shipper.Roberts Machinery Corporation, 5361East River Road, Grand Island, NY14072.

MC 148893 (Sub-1-10TA), filed July 27,1981. Applicant: WREN TRUCKING,INC., 1989 Harlem Road, Buffalo, NY14212. Representative: James E. Brown,36 Brunswick Road, Depew, NY 14043.Industriol mochnery and eqwpmentbetween points in the U.S. (except AKand HI). restricted to traffic originatingat or destined to the facilities and/orcustomers of Syracuse Supply ofSyracuse, NY. Supporting shipper.Syracuse Supply Company. P.O. Box4814. Syracuse, NY 13221.

MC 14972 (Sub-1-2TA) filed July 27,1981. Applicant- INTER-COASTAL,INC., 131 Beaverbrook Road, Lin6olnPark, NJ 07035. Representative: AlanKahn, 1430 Land Title Bldg.,Philadelphia, PA 19110 Contract corerirregular routes: Food and relatedproducts and personal care productsbetween points in the U.S. undercontinuing contract(s) with LeverBrothers Company of New York, NY.Supporting shipper. Lever Brothers

40595


Company, 390 Park Avenue, New York,NY 10022..

MC 134806 (Sub-1-14TA), filed July 27,1981. Applicant: B-D-R TRANSPORT,INC., P.O. Box 1277, Vernon Drive,Brattleboro, VT 05301. Representative:Edward T. Love, 4401 East WestHighway, Suite 404, Bethesda, MD20814. Contract carrier: irregular routes:Wood-burning stoves made of iron, and!or steel, and/or soapstone, andaccessories, from Morrisville, VT topoints in AZ, CA, CO, ID, MT, NV, MN,OR, UT, WA, and WY, under continuingcontract(s) with Hearthstone Corp.,Morrisville, VT. Supporting shipper:Hearthstone Corp., RFD #1, Morrisville,VT 05661.

MC 134806 (Sub-1-15TA), filed July 28,1981. Applicant: B-D-R TRANSPORT,INC., P.O. Box 1277, Vernon Drive,Brattleboro, VT 05301. Representative:Edward T. Love, 4401 East WestHighway, Suite 404, Bethesda, MD20814. Contract carrier: irregular routes:Footwear, from Newmarket, NH, topoints in AZ, CA, CO, ID, MT, NV, NM,OR, UT, WA, and WY, under continuingcontract(s) with The TimberlandCompany of Newmarket, NH.Supporting shipper: The TimberlandCompany, P.O. Box 370, Main Street,Newmarket, NH 03857

MC 128866 (Sub,1-2TA), filed July 28,1981. Applicant: B & B TRUCKING, INC.,P.O. Box 128,9 Brade Lane, Cherry Hill,NJ 08034. Representative: James A.Caulfield, 4801 Massachusetts Avenue,N.W., Washington, DC 20016. Contractcarner: irregular routes: Frozen foods,pre-packaged ready-to-eat frozen foodsbetween points in the U.S. undercontinuing contract with Banquet FoodsCorporation of St. Lotus, MO. Supportingshipper: Banquet Foods Corporation, 100North Broadway, St. Louis, MO 63102. -

MC 138861 (Sub-1-25TA], filed July 28,1981. Applicant: C-LINE INC., 303Jefferson Blvd., Warwick, RI 02888.Representative: Ronald N. Cobert, 1730M Street, N.W., Suite 501, Washington,DC 20036. Contract carrier: Irregularroutes: Chemicals from Quality, GA,Watkins Glen, NY, Memphis andNashville, TN and Portsmouth, VA, toWarwick, RI, under continuingcontract(s) with T. H. Baylis Company,Inc., Warwick, RI. Supporting shipper: T.H. Baylis Company, Inc., 61 GlenhamAvenue, Warwick RI 02886.

MC 151337 (Sub-1-ITA), filed July 24,1981. Applicant: PROFIT BY AIR, INC.,P.O. Box 388, Valley Stream, NY 11528.Representative: Edward D. Greenberg,Galland, Kharasch, Calkins & Short,P.C., 1054 Thirty-first Street, N.W.,Washington, DC' 20007 Generalcommodities (except Class A and B

explosives and hazardous wastes)between points in the US. Supportingshipper(s): There are 15 statements insupport of this application which maybe examined at the Regional Office ofthe ICC in Boston, MA.

MC 98832"(Sub-l-lTA), filed July 23,1981. Applicant: THE HARBORTRANSPORTATION CO., INC., 30Waterfront Street, New Haven, CT06511. Representative: Sidney L.Goldstein, 109 Church St., New Haven,CT 06510. General commodities, (exceptClass A and B explosives andhazardous waste) between points mNew London County, CT, on the onehand, and, on the other hand, points inCT, MA, RI, and Duchess, Putnam,Westchester and Albany Counties, NY.Supporting shipper. New HavenTerilnal, Inc., 30 Waterfront St., NewHaven, CT 06511.

MC 151193 (Sub-1-21TA), filed July 23,1981. Applicant: PAULS TRUCKINGCORPORATION, 3 Commerce Drive,Cranford, NJ 07016. Representative:Michael A. Beam (same as applicant).Contract carrier: irregular routes:General commodities (exceptcommodities in bulk, household goodsas defined by the Commission,hazardous, waste, explosives, articles ofunusual value and articles, because ofsize or weight, require specialequipment) from NY, to CA, FL, IL, LA,MO, MN, NV, OR, TX, UT and WA,under continuing contract(s) withInterstate Express Inc., Brooklyn, NY.Supporting shipper: Interstate ExpressInc., 120 Apollo Street, Brooklyn, NY11222.

MC 143575 (Sub-1-2TA), filed July 24,1981. Applicant: CENTRAL TRANSITLINES, INC., 115 Passaic Street,Rochelle Park, NJ 07662. Representative:Chandler L. van Orman, Wheeler &Wheeler, 1729 H Street, NW.,Washington, DC 20006. Passengers andtheir baggage in special and charteroperations between Philadelphia, PAand points in its commercial zoze, on theone hand, and, on the other, points inAtlantic and Cape May Counties, NJ.Supporting shipper(s): There are 7statements in support of this applicationwhich may be examined at the RegionalOffice of the I.C.C. in Boston, MA.

MC 157290 (Sub-1-ITA), filed July 24,1981. Applicant: LYON INDUSTRIES,INC. 21 Orchard Place, East Hanover, NJ07936. Representative: George A. Olsen,P.O. Box 357, Gladstone, NJ 07934.Contract carrier: irregular routes: Metaland metal products, from Sparrow Point,MD; Lackawanna, NY; Martins Ferry,Mingo Junction, and Steubenville, OH;Aliquippa, Allenport, and Sharon, PA;and Follensbee and Weirton, WV, to

points in Bergen County, NJ undercontinuing contract(s) with Shaffer StoolCorp., Parsippany, NJ. Supportingshipper: Shaffer Steel Corp., 1300 Route46, Parsippany, NJ 07054.

MC 142603 (Sub-1-23TA), filed July 21,1981. Applicant: CONTRACTCARRIRES OF AMERICA, INC, P.O.Box 179,1071 Dwight St., Springfield,MA 01101. Representati Ve: Susan E.Mitchell (same as applicant). Contractcarrier: irregular routes: Metalproductsand waste or scrap materials notidentified by industry producingbetween all points in MI, PA, MO, IL,OH, TX and IN, under continuingcontract(s) with Resources Alloys &Metals, Detroit, MI. Supporting shipper:Resources Alloys & Metals, 1891'Trombly Street, Detroit, MI 48211.

MC 133660 (Sub-1-3TA), filed July 24,1981. Applicant: PAUL JONES, INC., 847Flora Street, Elizabeth, NJ 07201.Representative: Robert B. Pepper, 180Woodbridge Avenue, Highland Park, NJ08904. Chemicals, chemical compounds,equipment, materials and supplies usedin the manufacture and sale thereof,except m bulk between points in IL, NJand TX on the one hand, and, on theother, points in the U.S. except AK andHI. Supporting shipper: Drew ChemicalCorporation, One Drew Chemical Plaza,Boonton, NJ 07005.

MC 144710 (Stib-1-2TA), filed July 23,1981. Applicant: MONROE'CONTRACTORS EQUIPMENT, INC.,1640 Penfield Road, Rochester, NY14625. Representative: S. MichaelRichards, P.O. Box 225, Webster, NY14580. Heavy merchandise, whichbecause of their size or weight requirethe use of special handling orequipment, between points in New Yorkon and west of Interstate Hwy. 81 on theone hand, and, on the other, all points inthe U.S. Supporting shippers: PfaudlerCo. Div. of Sybron Corp., 1000 WestAvenue, Rochester, NY 14611: IndianCreek Products, Ltd., 2112 Empire Blvd,PO Box 225, Webster, NY 14580.

The following applications were filedin region 2: Send protests to: ICC, 'Federal Reserve Bank Building, 101 N.7th St., Rm. 620, Philadelphia, Pa 19100.

MC 146820 (Sub-Il-11TA), filed July29, 1981. Applicant: B & G TRUCKING,INC., P.O. Box 581, Worthington, OH43085. Representative: James M. Burtch,100 E. Broad St., Columbus, OH 43215.Contract: Irregular, plastic and plasticarticles, between Franklin, IN: Dundee,MI; Columbus, OH and Geotgetown, KY,on the one hand, and, on the other,points in MI, PA, OH, KY, WV, IL, IN,MN, MI, WI, MS, MO, AR, LA and MD,for 270 days. Supporting shipper: Hoover

40596


Universal, Route 2, Tn Port Rd.,Georgetown, KY 40324.

MC 150511 (Sub-1-9-TA), filed July29,1981. Applicant: BETTER HOMEDELIVERIES, INC., 3700 Park East Dr.,Cleveland, OH 44122. Representative: J.A. Kundtz, 1100 National City BankBldg., Cleveland, OH 44114. Contractcarrier, irregular routes, transporting:Such merchandise as is dealt in byretail department stores, restricted toresidential deliveries, betweenBridgeport, NJ. on the one hand and, onthe other, points in DE and MD, andpoints in PA on and east of U.S. Hwy,15, under continuing contract(s) withAbraham & Straus, Div. of FederatedStores for 270 days. Supporting shipper.Abraham & Straus, 420 Fulton St.,Brooklyn, NY 11201.

MC 113106 (Sub-11-10-TA), filed July30, 1981. Applicant: THE BLUEDIAMOND COMPANY, 4401 E.Fairmount Ave., Baltimore, MlD21224.Representative: Chester A. Zyblut366 Executive Bldg., 1030 15th St. NW.,Washington, D.C. 20005. Carbonatedbeverages, from Silver Spring andCapitol Heights. MD, Richmond, Norfolkand Alexandria, VA, to Suffolk, Norfolk,Richmond, Fredericksburg andAlexandria, VA, Elizabeth City, NC, andSunbury, Lancaster, Harrisburg andCleona, PA, and points m theirrespective commerical zones, for 270days. an underlying ETA seeks 120 daysauthority. Supporting shipper: MiddleAtlantic Coca Cola, Inc., CapitolHeights, MD 20027.

MC 86690 (Sub-II-3-TA) filed July 29,1981. Applicant: BOND TRANSFERCOMPANY, INC., 1301 Towson St.,Baltimore, MD 21230. Representative:Leonard W. Smith, III (same asapplicant). Contract, irregular: Suchcommodities as are dealt in bywho7esale, retail, and chain grocery andfood houses, and materials, supplies andequipment used in the conduct of suchbusiness, between pts. in the U.S., undercontinuing contract with SafewayStores, Inc., Landover, MD, for 270 days.An underlying ETA seeks 120 daysauthority. Supporting shipper: SafewayStores, Inc., 1501 Cabin Branch Rd.,Landover, MD 20785.

MC 152509 (Sub-II-15-TA], filed July29,1981. Applicant: CONTRACTTRANSPORTATION SYSTEMS CO.,1370 Ontario St., P.O. Box 5856,Cleveland, OH 44101. Representative: J.L Nedrich (same as applicant). ContractIrregular- General commodities (exceptClasses A and B explosives, householdgoods as defined by the Commission,commodities of unusual value,commodities in bulk and those requiringthe use of special equipment). Between.

Cleveland, Oh., Somerset, Pa., Glendale,Az.-Dallas. Tx., Oklahoma City, Ok.,Henderson, NC., North Augusta, S.C.,and Knoxville Tn., on the one hand, andon the other, points in the U.S., undercontinuing contracts with Revco D.S.,Inc. for 270 days. An underlying ETAseeks 120 days authority. Supportingshippers): Revco D.S., Inc., 1925Enterprise Parkway, Twinsburg, OH44087

MC 152509 (Sub-Il-1o-TA), filed July29,1981. Applicant: CONTRACTTRANSPORTATION SYSTEM CO., 1370Ontario St, P.O. Box 5858, Cleveland,OH 44101. Representative: J. L Nednch(same as applicant). Contract Irregular.Machinery, chemicals, clay andcontainers, between points in Ga., I1.,Pa., N.J., N.Y., S.C., Tn., Wy., Oh., andWi., on the one hand and points i theU.S. on the other, under continuingcontracts with the Cary Company for270 days. Supporting shipper. The GaryCompany, 1555 Wnghtwood Court,Addison, IL. 60101.

MC 152509 (Sub-II-17-TA), filed July30, 1981. Applicant: CONTRACTTRANSPORTATION SYSTEM CO., 1370Ontario St., P.O. Box 5856, Cleveland,OH 44101. Representative: J. L Nedrich(same as. applicant). Contract Irregular.General commodities (except A and Bexplosives and household goods),between all points in the U.S. (exceptAK and HI) under continuing contractswith National TransportationConsultants, Inc. for 270 days.Supporting shipper NationalTransportation Consultants, 7650Cluppeqa Rd., Brecksville, OH 44141.

MC 145235 (Sub-I--4TA), filed July 29,1981. Applicant: DUTCH MAIDPRODUCE, INC., I.oute 2, Willard, Oh44870. Representative: David A. Turano.100 E. Broad SL, Columbus, OH 43215.(1) Wooden and plastic containers and(2) materials, equipment and suppliesused in the manufacture anddistribution of the commodities in (1)above (except commodities in bulk)between the facilities of General BoxCompany at pts in the U.S., on the onehand, and, on the other, pts in the U.S.(except AK and HI) for 270 days.Supporting shipper. General BoxCompany, 5451 Enterprise Blvd., Toledo.OH 43612.

MC 107012 (Sub-11-179 TA), filed July30.1981. Applicant: NORTHAMERICAN VAN LINES, INC., 5001U.S. Hwy 30 West, P.O. Box 988, FortWayne, IN 46801. Representative: DavidD. Bishop (same as applicant). Paperproducts from Flagstaff, AZ; LaPalma.CA; Pryor, OK, and St. Helens, OR, topoints in the U.S. for 270 days. Anunderlying ETA seeks 120 days

authority. Supporting shipper- OrchidsPaper Company. 5911 Fresca Drive,LaPalma, CA 90523.

Note:--Common control may be involved.MC 157395 (Sub-11:- TA], filed July 29.

1981. Applicant: If MELVINWILLIAMSON, Rt. 1. Box 128. Hurlo&k,MD 21643. Representative: Chester A.Zyblut, 366 Executive Bldg., 1030-15th St.NW., Washington. DC 20005. Lumber orwood products (except furniture).between Somerset, Carolina, Wicomuco,and Anne Arundel Counties, MD. andBaltimore, MD, and points in itscommercial zone, on the one hand. and,on the other, points m and east of MN,IA, MO. AR and TX, for 270 days. Anunderlying ETA seeks 120 daysauthority. Supporting shippers: Long LifeTreated Wood, Inc., Baltimore, MD21227. Great Northern Fence Co., Inc.,Central Islip, NY 11780. Reliance WoodPreserving Co., Federalsburg. MD 21632.Chesapeake Plywood Co., PocomokeCity, MD 21851.

The following applications were filedin Region 3. Send protests to ICC,Regional Authority Center, P.O. Box7600, Atlanta, GA 30357

MC 35807 (Sub-3.-4TA), filed July 24,1981. Applicant: WELLS FARGOARMORED SERVICE CORPORATION,P.O. Box 4313, Atlanta, GA 30302.Representative: FrancisJ. Mulcahy(same address as applicant]. Contract;irregular, coin, currency, securities andother valuables between Springfield,MO and Little Rock, AR. Supportingshipper. Boatmen's Union NationalBank. 117 Park Central Square,Springfield. MO 85805.

MC 121677 (Sub-3-ITA), filed July 24,1981. Applicant: WARREN COUNTYFREIGHT LINES, INC., 601 Red Rd.,McMinnville, TN 37110. Representative:Henry E. Seaton. 929 Pennsylvania Bldg.,425 13th SL, N.W., Washington, DC20004. Contract Carrier: IrregularRoutes: (1) Electric motors, parts, andequipment and (2) materals, suppliesand equipment used in the manufacture,sale and distribution of same, betweenpoints in the U.S. under continuingcontract(s) with Gould. Inc.. ElectricMotors Division. Supporting Shipper(s):Could, Inc., Electric Motors Division,1831 Chestnut St., St. Louis, MO 63116.

MC 151916 (Sub-3-3TA), filed July 24,1981. Applicant: BARON TRANSPORT.INC., One Perimeter Way. Suite 455.Atlanta. GA 30339. Representative:Eugene D. Anderson. 910 17th Street.N.W., Suile 428, Washington. DC 20006.Wine and Wine Concentrate fromAtlanta and Marshallville, CA to pointsm and East of IL, MO, OK, and TX.Supporting Shipper- Monarch Wine

40597


Company, 41 Sawtell Avenue, Atlanta,GA 30315.

MC 155816 (Sub-3-ITA), filed July 27,1981. Applicant: D & W TRUCKINGSERVICE, Route One Box 96B,Abbeville, AL 36310. Representative:WA¥ne Money (same as applicant).Lumber-Plywood and.Wood Productsbetween AL, GA, FL, MS, and TN.Supporting Shipper- St. Regis PaperCompany, Allied Operations, P.O. Box249 Abbeville, AL 36310, C & B PlywoodP.O. Box 546, Abbeville, AL 36310, GreatSodthern Wood Preserving, Inc., P.O.Box 458, Abbeville, AL 36310.

Note.-Applicant intends to tack iyithexisting authority MC-155816.

MC 107934 (Sub-3-12TA), filed July 28,1981. Applicant: BYRD MOTOR LINE,INC., P.O. Box 828, Lexington, NC 27292.Representative: John R. Sims, Jr., DennisDean Kirk; 915 Pennsylvania Bldg., 42513th Street, N.W., Washington, DC20004. Petroleum-and petroleumproducts, between SC, GA and NC.Supporting shipper(s): Hill Oil Co., Inc.,P.O. Box 367, Lexington, DC 27292.

MC 17000 (Sub-3-4TA), filed July 28,1981. Applicant: HOHENWALD TRUCKLINES, INC., P.O. Box 196, Hohenwald,TN 38462. Representative: Robert L.Baker, 619 United American BankBuilding, Nashville, TN 37219. GeneralCommodities (except classes A and Bexplosives), between Decaturville andScotts Hill, TN and their commercialzone on'the one hand, and, on the other,points in the U.S. rn and east of TX, OK,KS, MO, IL and WI. Applicant proposesto tack this authority with its Sub-26XCertificate and interline'at all servicepoints. Supporting shipper: KolpakIndustries, Inc., P.O. Box 217, Parsons,TN, 37647 A list of applicant's proposedinterline points may be examined at theAtlanta Regional Authority Center.

MC 17000 (Sub-3-5TA), filed July 28,1981. Applicant: HOHENWALD TRUCKLINES, INC., P.O. Box 196, Hohenwald,TN 38462. Representative: Robert L.Baker, 618 United American BankBuilding, Nashville, TN 37219. GeneralCommodities (except classes A and Bexplosives), between Hohenwald, Tenn.,and its commercial zone, on the onehand, and on the other, points in the U.S.in and east of TX, OK, KS, MO, IL, andWI. Applicant proposes to tack thisauthority with its Sub 26X certificateand interline at all service points. Thereare six supporting shipper statementsattached to this application. Thesupporting shipper statements and list ofapplicant's proposed interline pointsmay be examined at the AtlantaRegional Authority Center.

MC 154105 (Sub-3-6TA), filed July 28,1981. Applicant:-CARDINAL

CONTRACT CARRIERS, INC., P.O. Box1728, Concord, NC 28025.Representative: Frank E. Lord, Jr., P.O.Box 1728, Concord, NC 28025. Contract:Irregular: Cotton yarn, on beams fromThomaston, GA to Monroe, NC undercontinuing contract(s) withThomastonMills, Inc. of Thomaston, GA.Supporting shipper: Thomaston Mills,Inc., P.O. Box 311, Thomaston, GA30286.

MC 140902 (Sub-3-6TA), filed July 28,1981. Applicant: DPD, INC., 3600 N.W.82nd Avenue, Miami, FL 33166.Representative: Dale A. Tibbets (sameaddress as applicant). Contract.irregular; electronic equipment betweenPortland, OR (and its commercial zone)on the one hand, and, on the other,Chicago, IL and New York, NY (andtheir-commercial zones). Supportingshipper: Tektronix, Inc., Post Office Box1600, Beaverton, OR 97077

MC 85819 (Sub-3-ITA), filed July 28,1981. Applicant: GULF COAST MOTORLINE, INC., P.O. Box 145, St. Petersburg,FL 33731. Representative: AnsleyWatson, Jr., P.O. Box 1531, Tampa, FL33601. Common carrier, regular routes:Passengers and their baggage, andexpress and newspapers in the samevehicle with passengers, (1) betweenWeeki Wachee, FL, and Tallahassee, FL.from Weeki Wachee over U.S. Hwy 19to Capps, FL, then over U.S. Hwy 27 toTallahassee, and return over the sameroute, serving all intermediate points, (2)between Chiefland, FL, and Gainesville,FL. from Cluefland over U.S. Hwy Alt.27 to Bronson, F1, then over FL Hwy 24to Gainesville, and return over the sameroute, serving all intermediate points.Applicant intends to tack this authoritywith authority it presently holds in MC85819 and to interline'with other carriersat Tallahassee, Gainesville and St.Petersburg, FL. There are 38 supportingstatements attached to the application,which may be examined at the ICCRegional Office in Atlantic, GA.

MC 156615 (Sub-3-ITA), filed July 8,1981. Republication-originallypublished in Federal Register of July 20,1981, page 37361, volume 46, No. 138.Applicant: LAWSON LINES, INC., 170Hillsdale Drive, Fayetteville, GA 30214.Representative: John E. Lee (same asabove). Contract: Irregular: Materials,plastic film and sheeting material,equipment and supplies related theretoand items used in the sale, manufactureand distribution thereof between thefacilities of Borden Chemical Company,Division'of Borden, Inc., and all points inthe continental U.S. Supporting shipper:Borden Chemical Company, Division ofBorden, Inc., 1 Clark Street, NorthAndover, MA 01845.

MC 157305 (Sub-3-1TA), filed July 23,1981. Applicant: FREEDOM EXPRESS,INC., Battleship Parkway, P.O. Box 851,Spanish Fort, AL 36527. Representative:Robert T. Lawley, 300 Reisch Bldg.,Springfield, IL 62701. Contract, Irregular:Meat, food products, restaurantsupplies, in mechanically refrigeratedvehicles, from Chicago, IL to points InAL, CT, FL, GA, IN, IA, KS, KY, LA, MI,MN, MS, MO, NJ, OH, TN, TX and WI,Restricted to traffic moving undercontinuing contract with Rymer/MunicPacking Co., Inc. Supporting shipper:Rymer/Mumc Packing Co,, Inc., 4600 So.Packers Ave., Chicago, IL 60609.

MC 146496 (Sub-3--7TA), filed July 23,1981. Applicant: JOSEPH MOVING &STORAGE CO., INC., d.b.a. ST. JOSEPHMOTOR LINES, 5724 New PeachtreeRd., Chamblee, GA 30341.Representative: Thomas H. Davis, 5724New Peachtree Rd., Chamblee, GA30341. Contract., irregular: point andpaint relatedproducts (except in bulk,in tank vehicles) under continuingcontract or contracts with SherwinWilliams Company between points InAL, FL, GA, KY, LA, MS, NC, OH, SC,TN and WV. Supporting shipper:Sherwin Williams Compahy, 6795 SouthMain Street, Morrow, GA 30260,

MC 146496 (Sub-3-8TA), filed July 23,1981. Applicant: JOSEPH MOVING &STORAGE CO., INC., d.b.a. ST. JOSEPHMOTOR LINES, 524 New PeachtreeRd., Chamblee, GA 30341.Representative: Thomas H. Davis, 5724New Peachtree Rd., Chamblee, GA30341. Contract: irregular: (1) suchcommodities as are dealt in by retail,discount department or variety stores,(except in bulk), and (2) materials,equipment, and supplies used in theconduct of business by Rich way, adivision of Federated DepartmentStores, Inc., under continuing contract(s)with Richway between points in AL,MA, CT, RI, NH, AR, MS, LA, VA, IL,MI, OH, IN, KY, PA, NJ, DE, NY, MD,WV, TX, GA, NC, SC, TN and FL.Supporting shipper: Richway, a divisionof Federated Department Stores, Inc.,P.O. Box 50359, Atlanta, GA 30302,

MC 152763 (Sub-3-STA), filed July 23,1981. Applicant: EXPRESSCO, INC., 105Rhine Street, Madison, TN 37115,Representative: Roland M. Lowell, 618United Americap Bank Building,Nashville, TN 37219. Shoring ndscaffolding, between Nashville, TN, onthe one hand, and, on the other, pointsin the U.S. Supporting shipper: Anthes,Inc., Southern Division, 185 Warf Street,Nashville, TN 37217

MC 157193 (Sub-3-ITA), filed July 22,1981. Applicant: THE MUNZENRIEDER

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CORPORANION, dba. UNITED,FURNITURE SALES, P.Box280'.Pinellas Park,.FL 33565.F epresentative:Ansley Watson, Jr.,P.O. Box 1531,Tampa,. FL 3360Co ntract carrier,rregularroutes: afr filtem, insulationtubing, refrgerant olf and chemicals,and relatedfiltrafor products, between.St. Petersburg, FL, Charlotte, NC,Atlanta,-GA, Harahan, LA, and-Dallas,TX on the one han~fand,,on the other,pofnts irr the U.S. (exceptAK and HI)under continuing contract withPrecisfonaire,.lnc. Supportingshipper.Precislonaire; Inc., P.O. Box 7568, St.Petersburg; FL 33713.

MC146389 (Sub-3-ITA), filed July 23,.1981. ApplicantfRENO & SON, INC.,Route 1, Box 324, Warrior, AL 35180Representative: John W.'Cooper,Attorney at Law, P.O. Box 56, Mentone,AL. 35984. Contract carrier: irregular.Raw andFfnished Refractory Materials-between all points in the U.S. (exciptAK and HI) under contihumigcontractwith Inferno Refractory Corp.Supporting shipper. Inferno RefractoryCorp., Suite 200 E, 2102 Cahaba Road,Birmingham, AL 35223.

MC 157302 (Sub-3--TA), filed July 23,1981. Applicant:. OLD SOUTH FREIGHT'SERVICE, INC., 2805 Foster Avenue,Suite 202;Nashville, TN 37210.Representative: Stephen L. Edwards, 805Nashville Bank & Trust Bldg.'315 UnionStreet, Nashvillej TN 37201. Metalprodiucts between. Davidson County, TN,on the one hand, and,. on the other,points m the U.S. (except AK and HI].Supporting shipper- Allen Iron & SteelCo., Suite 202, 329 Main St., Franklin, TN370646

MC 75567 (Sub- -I-TA), filed July 23,1981. Applicant: SHAW WAREHOUSECO., INC., 2700 Second Avenue. South,Birmingham, AL 35233. Representative:James W.Porter 11, 1725-8 CityFederalBuilding Birmingham, AL 35203.General Commodities [Except A and B-Explosives], restricted to movements mrefrigerated equipment, to, fronr thebetween all points. and places m AL.Applicant intends to interline atBirmingham and Montgomery, AL.Supporting shippper: Southern BondedWarehouse, 1491 ML Zion.Road,Morrow, GA 30260

MC 157305 (Sub-3-2TA), filed July 23,1981. Applicant: FREEDOM EXPRESS,INC., Battleship-Parkway, P.O. Box 851,SpanishFort AL36527 Representative:Robert T. Lawley,.300 Reisch Bldg.,Springfield, IL 62701. Contract, irregular.Household appliances, luggage, out-doorpower-equipment lawn and gardentractors, garden tiller, attachments fortractors-and tillers,-chain saws, snowremoval equipment, accessories and

parts for said commodities, goods.materials andsupplies used in themanufacture and ditributiboir ofsaidcommodities,, between pointsin the U.S.Restricted to traffic movingundercontinuing contract with RoperCorporation. Supportingshipper RoperCorporation, Kankakee, IL.

MC 15730a [Sub-3-1TA), filed July 23,1981. Applicant: HARRY T. SMITH.d.b.a. HARRY T. SMITH TRUCKING,P.O. Box 88, IcardNC 28660.Representative. D. L Beeler, P.O. Box482, Franklin, TN 37064. Contractcarrier, irregular routesfurniture andfixtures andmaterials and supplies usedin the manufacture, sale, anddistribution offurniture and fixturesbetween Conover, NC, an the one hand,and, on the other, points in CA OR,WA, and AZ. Under continuingcontract(s) with Pemkay Furniture Co.,Inc. Supporting shipper: PemkayFurniture Co., Inc., P.O. Box 595,Conover, NC 28613.

MC134921 (Sub.3-1TA). filed July 23,.1981. Applicant MID-AMERICATRANSPORT, INC.. P.O. Box 370,Madisonville, KY 42431. Representative:Loues J. Amato, P.O. Box E, BowlingGreen, KY 42101. Contract carrier:irregular routes.Metal containers,container ends andpackaging materials.between Cincinnati, Off andMadisonvilleKY'under a continuingcontract with the Continental Group,Inc. Supporting shipper. ContinentalGroup, Inc., 11550 Mosteller Road,Cincinnati, OH 45241.

MC 110410 (Sub-3-4TA), filed July 21,1981. Applicant: BENTON BROTHERSFILM EXPRESS, INC., 723 Forrest Road,NE, Atlanta, GA 30312. Representative:Warren A. Gaff, 2008 ClarkTower, 5100Poplar Ave., Memphs, TN 38137.Printedmatter, between Simpsonville,SC, on the one hand, and, on the other,Jacksonville, FL Supporting shipper:.Triangle Publications, Inc., P.O. Box 500,Radnor, PA 19087

MC 142064 (Sub-3-3TA). filed July 23,1981. Applicant: CAROLINA CARPETCARRIERS, INC., P.O. Box 6,Williamston, SC 29697. Representative:Mitchell, King, Jr., Esq., P.O. Box 5711,Greenville, SC 2960& Contract carrierIrregular routes:general commodities(except classes A and B explosives)between points in the U.S. (except AKand HI) under continuing contract(s)with Parke-Davis Co., Inc. Supportingshipper. Parke-Davis Co., Inc., P.O. Box368, Greenwood, SC 29646.

MC 154382. (Sub-3-2TA), filedjuly 22,1981. Applicant: R WAY, INC., 107Ellison Street. Fountain. Inn, SCq 29644.

-Representative: Clyde W. Carver, P.O.Box 720434, Atlanta; GA 30328. (1)

Adhesives; liquid cements; washingcompounds. and liquid latex (except inbulk) from Simpsonville, SC Baltimore,MD; Dayton, OH; Santa Fe Springs, CA:and Philadelphia, PA to all points in theU.S., (2) materials anctsupplies used izthe manufacture and distribution ofabove namedcommodities from allpoints in the U.S. to Simpsonvlle, SC;Baltimore MDDayton, OH; Santa FeSprings, CA; and Philadelphia, PA; and,(3) syntheticfTber yarns betweenDanville, VAon the one hand, and, onthe other, points inTN, SC. NC, DE. NJ,NY, and PA. Supporting shippers:Brawer Bros., Inc., 250 Belmont Avenue,Haledon. NJ 07508; Para-Chem Southern,Inc., P.O. Box 12Z, Simpsonville, SC29681.

MC 107934 (Sub-3--I1TA], filed July 23,1981. Applicant: BYRD MOTOR LINE,INC., P.O. Box 828. Lexington. NC 27292.Representative: John R. Sims, Jr., DennisDean Kirk. 915 PennsylvaniaBldg., 425-13th Street, NW., Washington, DC 20004.Furniture and Fdtures, between pointsin and east of ND. SD. NE, KS, OK, andTX. on the one hand. and, on the other,points in NC and VA. Supportingshipper(s): Thomasvlle Furniture Ind.,Inc., 401 East Main Street, Thomasville,NC 27360.

MC 151822. (Sub-3--3TA. flied July 23,1981. Applicant: FREIGHT DIRECT,INC., P.O. Box 10707, 554 UniversityAve., SW, Atlanta. GA30310.Representative: J. David Odom. P.O. Box10707, Atlanta, GA 30310. Rubberpheumatic tires and relatedpraductsbetween Atlanta, GA and points in itscommercial zone, on the one hand. and,on the other, points in SC, NC, TN FL,AL and MS. Supporting shipper:.Expando Distribution WarehousingSystem, Inc., P.O. Box 10684, Atlanta,GA 30310.

MC 141187 (Sub-3-6TAI, filed July 22,1981. Applicant: BLUFFCITYTRANSPORTATION, INC, P.O. Box18391, Memphis, TN 38118.Representative: Clarence RL Haar (sameas above). Contract: irregular routes;Machinery and clay, concrete, glass,leather, metal, plastia rubber, stone andwoodproducts, between points intheUS, under a continuing contract(s) withNichols-Kusan, Inc, of Jacksonville, TX.Supporting shipper: Nichols-Kusan, Inc.,P.O. Box 1191, Jacksonville, TX 75766.

MC 146496 [Sub-S-gTA), filedJuly 23,1981. Applicant: JOSEPH MOVING &STORAGE CO., INC., d.b.a. ST.JOSEPHMOTOR LINES, 5724 Nev PeachtreeRd., Chamblee, GA 30341.Representative: Thomas H. Davis, 5724New PeachtreeRd., Chamblee, CA30341. Contract irregular general

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commodities (except classes A & Bexplosives), under continuing contractswith Handy City Division, W. R. Graceand Company, between points in AL, FL,GA, KY, MS, NC, SC, TN and VA.Supporting Shipper: Handy CityDivision, W. R. Grace and Company,2175 Parklake Dr., Atlanta, GA 30045.

MC 156883 (Sub-3-iTA), filed July 22,1981. Applicant: MARVIN SWAFFORD,Owner, 911 N. Sanctuary Road,Chattanooga, TN 37421. Representative:M. C. Ellis, Chattanooga Freight Bureau,Inc., 1001 Market Street, Chattanooga,TN 37402. Contract carrier; irregularroutes; sand and gravel, in bulk, fromChattanooga, TN to Trenton, GA undera continuing contract(s) with ConcreteService Company of Chattanooga, TN.Supporting shipper: Concrete ServiceCompany, Quintus Loop, P.O. Box 21381,Chattanooga, TN, 37421.

MC 156749 (Sub-3-ITA), filed July 23,1981. Applicant: H & H EXPRESS, 2913Skyland Drive, Snell, ille, GA 30278.Representative: H. F. Allen, Jr., same asapplicant. Food and related productsfrom (1) Montgomery, AL to points inCT, DE, DC, GA, ME, MD, MA, NJ, NH,NY, NC, PA, RI, SC, VT, IL, VA, IN, i &WV and (2) Dothan, AL to points in IA,IL, CO, MO, KS, TN, KY, TX, LA, MS,GA, SC, NC, VA, DC, MD, DE, PA, NJ,NY, CT, RI & MA. Supporting shippers:John Morrell & Co., P.O. Box 4009,Montgomery, AL 36108 and SunnylandFoods, Inc., 900 N. Oates St., Dothan, AL36301.

MC 139008 (Sub-3-8TA), filed July 22;1981. Applicant: RAPIER SMITH, RuralRoute 5, Loretto Road, Bardstown, KY40004. Representative: William PWhitney, Jr. (same address as,applicant). Contract: Irregular: Men'sand Women's Footwear and relatedaccessories and materials, equipment,and supplies used in the manufacturingthereof, between Boyle County, KY andChicago, IL and its commercial zone.Supporting shipper: Allihnce Shippers,Inc., 8440 Archer Road, Willow Springs,KY 60480.

MC 152763 (Sub-3--6TA), filed July 22,1981. Appliant: EXPRESSCO, INC., 105Rhine Street, Madison, TN 37215.Representative: Roland M. Lowell, 618United American Bank Bldg., Nashville,TN 37219. Air conditioning equipment,furnaces, parts, accessories, materials,and supplies used in the manufacture,sale and distribution of saidcommodities, between points in Warren,Rutherford and Davidson Counties, TN,on the one hand, and, on the other,points in WA, OR, CA, AZ, NV, UT, ID,MT, WY, CO, NM, and TX. Supportingshipper: Carrier Air Conditioning

Divisions of Carrier Corporatin, P.O.Box 4808, Syracuse, NY 13221.

MC 141187 (Sub-34TA), filed July 22,1981. Applicant: BLUFF CITYTRANSPORTATION, INC., P.O. Box18391, Memphis, TN 38118.Representative: Clarence R. Haar (sameas above). (1) Malt beverages andrelated advertising materials, and (2)empty used beverage containers andmaterials and supplies used in and dealtwith by breweries, from (1) JeffersonCounty, CO, to AR, LA, MS, TN and TXpoints and from (2) points in AR, LA,MS, TN and TX to Jefferson County, CO.Supporting Shipper: Adolph CoorsCompany, Golden, CO 80401.

MC 108676 (Sub-3-8TA), filed July 23,1981. Applicant: A. J. METLERHAULING & RIGGING, INC., 117Chicamauga Avenue, Knoxville, TN37917 Representative: Michael S. Teets(same address as applicant). Machinery,transportation equipment and metalproducts between facilities of Wu'sAgricultural Machinery, Inc., on the onehand, and, on the other, points in theU.S. Supporting shipper: Wu'sAgricultural Machinery, Inc., 16514 VossRoad, Dallas, TX 75252.

MC 144922 (Sub-3-5TA), filed July 22,1981. Applicant: A.T.F TRUCKING CO.,INC., Route 11, Box 507-B, Birmingham,AL 35210. Representative: John R.Frawley, Jr., Suite 200,120 SummitParkway, Birmingham, AL 35209.Regular apparatus electric control,printed paper forms (Noibn), chemicals(Noibn), thermocouples as thermostats,electrical instruments or appliances,metal hearing furnace, metal heatingfurnace parts, zircon ore (crude zirconsilicate) not further processed thanground, crucibles or abrasives-materialby analogy, fire brick, wire-type,batteries, hardware, thermocouples,molten metal heat measuring,disposable or expendable, machinery-gear reducing and the parts, materials,machinery, equipment and suppliesused in the manufacture, sale anddistribution of the above comoditiesbetween pointsim the U.S. restricted toshipments originating or destined to thefacilities of Leeds & Northrup.Supporting Shipper: Leeds & Northrup,#1 Underwood Industrial Park, Irondale,AL 35210.

MC 107002 (Sub-3-23TA), filed July 23,1981. Applicant: MILLERTRANSPORTERS, INC., P.O. Box 1123,Jackson, MS 39205. Representative:Larry M. Ford (same address asapplicant). Arsenic acid, in bulk, in tankvehicles from Laramie, WY to points inthe US (except AK and HI). Supportingshipper: Silvachem Corp., 320 Grant St.,P.O. Box C, Cabool, MO 65689.

MC-156944 (Sub-3-ITA), filed July 21,1981. Applicant: LARRY E. MORGANd.b.a. MORGAN TRUCKING, Route #1,Box 419-D, Arden, NC 28704.Representative: John W. Alexander, P.O.Box 7216, Asheville, NC 28801, Contractcarrier, irregular routes, Spring water,bottled and in bulk, and Orange juice,bottled, from Avery's Creek, NC,including commercial zone, to pdints InFL, GA, T.N, KY, VA, SC, and NC, andreturn. Orange juice Concentrate, inbulk, from Lake Wales, FL, includingcommercial zone, to Avery's Creek, NC,including commercial zone. Undercontinuing contract with Arcadia DairyFarms, Inc., Rt. #1, Arden, NC 28704.Supporting shipper: ArcadiaDairyFarms, Inc., Rt. #1, Arden, NC 28704,

MC 52704 (Sub-3-17TA), filed July 31,1981. Applicant: GLENN McCLENDONTRUCKING COMPANY, INC,. P.O.Drawer "H", LaFayette, AL 36802,Representative: Archie B. Culbreth andJohn P Tucker, Jr., Suite 202, 220Century Parkway, Atlanta, GA 30345, (1)Carbonated and noncarbonatedbeverages, from Collierville, TN topoints in AR, IL and TX; and (2) Maltbeverages and malt beveragecontainers, between Clayton County,GA, on the one hand, and, on the other,points in AL, FL, LA, MS, NC, SC, TNand VA. Supporting shippers: Miss-Ark-Tern Packaging Corporation, P.O, Box369, Collierville, TN 38017 and The StrohBrewery Co., One Stroh Drive, Detroit,MI 43226.

MC 146447 (Sub-3-8TA), filed July 31,1981. Applicant: TANBAC, INC., 2941SW 1st Terr., Ft. Lauderdale, FL 33315,Representative: Richard B. Austin, 320Rochester Building, 8390 NW 53d St.,Miami, FL 33166. Contract carrier,irregular route: Metalproducts betweenpoints in the U.S. under continuingcontract(s) with The Bilco Company,New Haven, CT. Supporting shipper:The Bilco Company, P.O. Box 1203, NewHaven, CT 06105.

MC 157424 (Sub-3-ITA), filed July 30,1981. Applicant: KOPELAND DAVIS, M.L. DAVIS, AND ALBERT GREEN, d.b.a.DAVIS BROTHERS CONTRACTORS,Route 1, Box 60, Shubuta, MS 39360,Representative: Richard D. Howe,Myers, Knox & Hart, 600 HubbellBuilding, Des Moines, IA 50309. 01lfeldmachinery, equipment, or parts,between points in AL, FL, LA, MS, andTX. Supporting Shipper: Getty Oil Co,,P.O. Box 177, Satsuma, AL 30572.

MC 146992 (Sub-3-2TA), filed July 21,1981. Applicant: PHIL-MARTTRANSPORTATION, INC., P.O. Box126, Braselton, GA 30517.Representative: William J. Boyd, 2021

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MidwestRoad, Suite 205, Oak Brook, IL60521. Contract carrier,IrregularRoutes:General commodities(except ClassesAand B oxplosives) between points in the.US under continuing contract(s) withPrinmePacking Co.. Chicago, IL andServbest FoodsInc. Highland Park, ILtSupporting shippers: PrimnePacking Co.and ServbestFoods, Inc., 1256 OldSkokiefRoad,.Highland Park, IL 60035.

MC157402 CSub-3-1TA)]Filed July 29,.1981- Applicant:MAGIC CITYTRANSPORTATION, 1681-19th Place,

"S.W., Bfrmninghan. AL 352_T.Representative: Howard Pickett, sameaddress as above.Passengers and theirbaggage, in- round-trip special andcharter operations, beginning andending-at points m Jefferson County, AL,and extending to New Offeans, LA;Atlanta, GA and poinisinFLSupporting shipper~sThere are nine.statements in support whickmay beexamined at the ICC office in Atlanta,GA. -

MC-157108 CSub-3-1TA),.filed July 27,1981.ApplicanLREVCO, INC.RLI, Box366-A,,Amory, MS 38821. -Representative: John Paul Jones, P.O.Box 3140,FrantStreet Station. 189Jefferson. Avenue, Mfemphis, TN 38103.(1]Fqrestproducts. lumber and woodproducts . and plrwood from Hamilton,AL to AR, FL, GA. IL, IN. KY. LA, MI,MS, MOt.OH, OKSC, TN. and.TcX.restricted tothe facilities of'W.T. VickLumber-Company, P.O. Box 340,Hamilton, AL35570-, (21 woodworkingmachinezy supples, and parts fromGreenwood, MS to A_, AR,KY, LA. MI,,PA; TN, and WIrestricted to thefacilities of Rose Machinery, Inc.,Highway'82 East., Greenwood, MS 38930;(3) primary metalproducts andfabricatednmetal products from.Shannon, MS to AL, AR, FL. GA, LA. MW.OH.PA, TN, anfdTX restricted to thefacilities of Shannon Steel Service, Inc.,P.O. Box 45, Shannon, MS 38868; (4]-Jump trailers anddump bodies fromAmory, MS-to AL, AR, LA, and-T,restrfcted ta the facilities of PalmerMachine Works, Inc.; 100 and FourthStreet P.O. Box359,.Amory MS 38821;(5) sucih materials and supplies as areusedm or irn connection with the-discovery development, production,refining, manufacture, processing,.storage, transmissin, and distributionof naturafgagandperoleum, and theirproducts: and by-products from Houston,TX to IA, IL, LA, MO, ND, NM; NV, OK,SD, and WY, restricted to the facilitiesof Arwell Oil Field Chemicals, 2620-Fountainview, Suite 400; Houston, TX77057; (6j general commodities (exceptClass A and Class B explosives] frompoints in the U.S in:and east of MT,

WY, CO, NM, and TX, to Marion.County, AL, Leflore, Lee and MonroeCounties, MS. Supporting shippers: W.T. Vick Lumber Company. P.O. Box 340,Hamilton -AL 35570Rose Maclhnery,Inc., Highway 82 East, Greenwood. MS38930; Shannon Steel Service, Inc., P.O.Box 45, Shannorr MS 38868- PalmerMachine Works, Inc., 100 and FourthStreet, P.O. Box 339, Amory, M& 38821;andLArwell Oil Field Chemicals, 2620Fountainview, Suite 400. Houston, TX77057

MC 124154 (Sub-3-29TA). filed July 27,1981. ApplicantE WINGATE TRUCKINGCOMPANY, INC., Post OfficeBox 645,Albany, GA 31703. Representative: W.D. Wingate (same address as applicant.Geieral commodities (except classesAandB explosives) between those pointsin the.United States in and east ofMinnesota, Iowa, Missouri, Arkansasand Texas, on. the one hand. and, on theother, pomt mntheUnited States. Thereare 16 supporting shippers' statementsattached to this application which maybe examined at the LC.C. RegionalOffice, Atlanta, Ga.

MC 140010 (Sub-3-10TAJ, fifed July 2.7,1981-Applicnt:JOSEPH.MOVING &STORAGE CO:, INC., db.a. ST. JOSEPH,MOTOR LINES 5724 New PeachtreeRd.,, Chamblee, GA 30341-Representative: Thomas H.Davis, 5724New PeachtreeRd., Chamblee GA30341. Contract; irregular, small electricappliances as are dealt with by retailappliance and electronfaspecialtystores (except commodities in bulk),between points in AL, FL GA,. KY. LA,MS, NC, SC and TN under continuingcontract(s) with General ElectricHousewares and, Audio Division.Supporting shipper. Genera ElectricHousewares and Audio Division, 1285BostonAve., Bridgeport. CT06602.- MC 140902 (Sub-3-7TA),.filedjuly 27.1981. ApplicantrDPD, INC., 3600 N.AW82nd Avenue fiani, EL 33166.RepresentatfveDaleA.Tibbets [sameaddress as applicant). Contractirregular, Plastic and poper productsand materials, eqwpment and supplies-used in the distribution theeof betweenChicago, Illinois (and its commercialzone) on the one hand and on the otherpoints in IN and WL Supporting shipper.North American Paper Company, 10525W. Waveland, Franklin Park, IL 60131.

MC 157137 (Sub-3-1TA), filedjuly27,1981. ApplicantrW. LTURNERTRUCKING, INC., P.O. Box 16589,Memphis, TN 38116. Representative: A.Doyle Cloud, Jr., 2008 Clark Tower, 5100Poplar Avenue, Memphis, TN 38137,Fertilizer and fertilizer ingredenls, dry.nitrogen solution (UAN) anhydrousammonia,between points in AR. MS

and TN. Supporting shipperU.S.S. Agr-Chermcals, A Division of United StatesSteel Corporation P.O.Box 1685,Atlanta. GA 30301.

MC157304 (Sub-3-ITA], filed July 27,1981. Applicant: AZS CORPORATION,762 Marietta Blvd..N.W., Atlanta, GA30318. Representative: 1. L. Fant P.O.Box 577, Jonesboro, GA 30237. Contract:uregulan General Commodities (exceptClasses A andB explosives], betweenpoints in the US., under continuingcontracts with AZS Chemical Co.,Atlanta, GA, AZ Products Co-. Lakeland,FL, Lancaster Chemical Co., Newark NJ,Seydel-Woolley & Co., Greenville, SC,Amencan Industrial Chemical Corp.,Smyrna, GA and Van Wafers &Rogers,Atlanta, GA. Supporting shippers: AZSChemical C, 762 Marietta Blvd., N.W.,Atlanta, GA 30318, AZ Products Co.,2525 South Combee-Road, Lakeland, FL33801, Lancaster Chemical Co. 660Frelinghuysen Ave., Newark. NJ 07114,Seydel-Woolley & Co., P &N Drive.Route 10, Greenville, SC 29604,American Industrial Chemical Corp.1819 South Cobb Industrfal lDivi,Smyrna, GA 30080, Van Waters &Rogers, 3670 BrownsMill Road, S.E.,Atlanta, GA 30354.

MC 10700a( Sub-3-24TA. filed July 27.1981. ApplicanLMILLERTRANSPORTERS, INC. P.o. Box 1123,Jackson. MS 3920.Representative:Larry M..Ford (same-address asapplicant). Contractcaier. frregular.Chemicals andrelaedprducts, fromBaton Rouge and DeRidder, LAzJacksonville, FL- Riceboro, GA; St. Louis,MO; Chocolate Bayou, X andCharleston,SC to the facilitiesofSouthernResins Division, LawferInternational at ornearfMoundville, AL-Supporting shipperiSoutherixResfns,Division of Lawter International, P.O.Box 128. Moundvllle, AL 3544.

MC 147333 (Sub-3-4TA, filed July 27,1981. Applicant: McGEE TRUCKINGCOMPANY. INC., P.O. Box 297, Bostic,NC 28018. Representativezudy B.McGee. P.O. Box, 297. Bos tic NC2018.Contract. irregular routes, usiliess andoffice furniture andreplacementpartsfor samei between the facilities of GFBusiness Equipment. Inc., located at ornear Forest City,.NC, Gallatin. TN. andYoungtown. OHK on one hand., andpoints in the US. expect AKand.HI. andthe other hand. undera continuingcontractLwithGF Business Equipment,Inc.. P.O. Box 260i Forest City-.NC'

MC 151916(Sub.-3-4TA). fledJuly 27.1981Applicant BARON TRAUNSPORT,INC. One PerimeterWay, Suite4SS,Atlanta. GA 30339. Representative:Eugene D. Anderson. 910 17th Street.

40601


N.W., Suite 428, Washington, D.C. 20006.Plastic articles, tape, cloth products,and products used in manufacturethereof between Lowell, Peabody,'Salem, MA; Montgomery, Annisfion,Columbiana, AL, Macoomb, IL,Charlotte NC; Huntington, WV;Pawtucket, RI; Hemingway, SC;Lawrencebfrg, TN. Supporting Shipper:Webster Industries, 58 Pulaski Street,P.O. Box 3119, Peabody, MA 10960.

MC 147494 (Sub-3-2TA), filed July 27,1981. Applicant: BOBBY KITCHENS,INC., P.O. Box 616, Jackson, MS 39208.Representative: Donald B. Morrison,P.O. Box 22628, Jackson, MS 39205.Contract; irregular; (1) metal products,between points inthe U.S. undercontinuing contract(s) with AnelEngineering Industries, Inc., of Winona,MS; (2) metal products, syntheticbagging materials, and just bagging,between Florence, AL, Selma, CA;Jacksonville, FL, Atlanta and Nashville,GA; Greenville, MS; Memphis, TN; and,Houston, TX, on the one hand, and, onthe other, points in AL, AZ, AR, CA, LA,MS, MO, TN, and TX, under continuingcontract(s) with L. P Brown Company,Inc., of Memphis, TN. SupportingShippers: Anel Engineering Industries,Inc., P.O. Box 570, Winona, MS 39867,L. P Brown Company, Inc., P.O. Box11545, Memphis, TN 38111.

MC 147494 (Sub-3-3TA, filed July 28,1981. Applicant: BOBBY KITCHENS,INC., P.O. Box 6161, Jackson, MS 39208.Representative: Donald B. Morrison,P.O. Box 22628, Jackson, MS 39205.Contract; irregular; building materials,between the facilities of ApacheBuilding Products, Inc., at or nearJackson, MS, on the one hand, and, onthe other, points in AL, AR, FL, GA, LA,MI, NC, OK, SC, TN, TX, and IL, undercontinuing contract(s) with AliacheBuilding Products, Inc. of Jackson, MS.Supporting Shipper(s): Apache BuildingProducts, Inc., P.O. Box 7111, Jackson,MS 39212.

MC 156838 (Sub-3-ITA), filed July 27;1981, Applicant: WILLIE RICHARD, JR.AND WALTER RICHARD, d.b.a. R & RTrucking Company, 911 Parkview,Cleveland MS 38732. Representative*.John Paul Jones, P.O. Box 3140, FrontStreet Station,189 Jefferson AvenueMemphis, TN 38103. Primarymetalproducts and fabricated metal productsfrom Cleveland, MS to points m AK, AL,AR, AZ, CA, CO, FL, GA, IL, IA, IN, LA,MI, MD, MO, NC, NE, ND, NY, OH, OK,OR, PA, TN, TX, VA, WA, WI; and fromthe port of Rosedale, MS to Cleveland,MS restricted to the facilities of Duo-Fast Corporation. Supporting shipper:Duo-Fast Corporation 800 N. PearmanRoad, Cleveland, MS, 38732.

MC 145559 (Sub-3-6TA), filed July 27,1981. Applicant: NORTH ALABAMATRANSPORTATION, INC., Post OfficeBox 38, Ider, AL 35981 Representative:William P Jackson, Jr., Post Office Box1240, Arlington, VA 22210. Contract;irregular routes, General commodities(except Classes A and B explosives),between the facilities of StandardBrands Paint Co. Inc., m AZ, CA, NV,NM, OR, TX, UT and WA, on the onehand, and, on the other, points-in theU.S. Restriction: Restricted totransportation provided undercontract(s) with Standard Brands PaintCo. Inc., Supporting shipper: StandardBrands Paint Co. Inc., 4300 West 190thStreet, Torrance, CA 90509.

MC 91306 (Sub-3-12TA), filed July 27,1981. Applicant: JOHNSON BROTHERSTRUCKERS, INC., 1858 9th Avenue,N.E., Hickory, NC 28601. Representative:Eric Meierhoefer, Suite 1000, 1029Vermont Avenue, NW., Washington,D.C. 20005. General commodities(except classes A & B explosives),between the facilities of General ElectricCo., at points in the U.S. in and east ofMN, IA MO, AR, and LA, on the onehand, and, on the other, points in theU.S. in and east of MN, IA, MO, AR; andLA. Supporting shipper(s): GeneralElectric Co., P.O. Box 2188, Hickory, NC28601.

MC 91306 (Sub-3-13TA), filed July 27,1981. Applicant: JOHNSON BROTHERSTRUCKERS, INC., 1858 9th Avenue,N.E., Hickory, NC 28601. Representative:Eric Meierhoefer, Suite 1000, 1029Vermont Avenue, NW., Washington,D.C. 20005. General commodities(except classes A & B explosives),.between the facilities of Lowe'sCompanies, Inc., at points in the U.S. inand east of MN, IA MO, AR, and LA, onthe one hand, and, on the other, pointsin the U.S. in and east of MN, IA, MO,AR, and LA. Supporting shipper(s):Lowe's Companies, Inc., P.O. Box 1111,North Wilkesboro,-NC 28656.

MC 143786 (Sub-3-2TA), filed July 24,1981. Applicant: HAL MASTTRUCKING COMPANY;INC., Route 1,Box 259, Sugar Grove, NC 28679.Representative: William P Farthing, Jr.,1100 Cameron-Brown Building,Charlotte, NC 28204. Beef and beefproducts, from Kenosha, WI; DodgeCity, KS; Amarillo, TX; Omaha andSioux City, NE; Des-Moines, IA; andPlainwell, MI to Charlotte, No.Supporting shipper: Harris-Teeter SuperMarkets, Inc., P.O. Box 33129, Charlotte,NC 28233.

MC 148697 (Sub-3-2TA), filed July 24,1981. Applicant: TRINITY, INC., P.O.Box 327, Lenoir, NC 28645.Representative:-William P Farthing, Jr.,

1100 Cameron-Brown Building,Charlotte, NC 28204. Furniture andfixtures, from the facilities of BernhardtFurniture Co. in Cleveland, Iredell andCaldwell Counties, NC, to points In WA,OR, CA, NV, UT and AZ. Supportingshipper: Bernhardt Furniture Co,, P.O.Box 740, Lenoir, NC 28645.

MC 157384 (Sub-3-1TA), filed July 24,1981. Applicant: BENNY WHITEHEAD,Rt. 1, Box 359A, Eufaula, AL 36027.Representative: Charles E. Creager, 1329Pennsylvania Ave., P.O. Box 1417,Hagerstown, MD 21740. Contract:Irregular: Foodstuffs, nonalcoholicbeverages, materials, equipment andsupplies used in the preparation andmanufacture of foodstuffs andnonalcoholic beverages, betweenLakewell, FL, Kenosha, WI:Montgomery, AL, Sulphur Springs, TX;Eau Clair, MI; and Chicago, IL, includingtheir respective commercial zones, onthe one hand, and, on the other, pointsin CO, NM, TX, OK, KS, AR, LA, MS,TN, KY, GA, NC, SC, FL, AL, WI, IL, IAand MO. Supporting shipper: OceanSpray Cranberries, Inc., 7800 South 60thAvenue, Kenosha, WI 53142.

MC 157381 (Sub-3-ITA), filed July 20,1981. Applicant: ARVIN STIDHAM ANDFRED BAYRD, d.b.a. S & B TRUCKING,P.O. Box 262, Hamilton, AL 35570.Representative: Wade H. Brown, P.O,Box 217, Bessemer, AL 35020. (1)Window Glass, from Tulsa, OK, andKingsport, TN, to points in MarionCounty, AL; (2) Aluminum Extrusions,from Dallas, TX, and Wichita Falls, TX,to points in Marion County, AL; and (3)Lumber and Forest Products, frompoints in Marion County, AL, to pointsm the states of FL, IL, IN, KY, MI, MO,MS, OH and WI. Supporting shippers:Krestmark, Inc., P.O. Box 820, Hamilton,AL 35570 and W. T. Vick LumberCompany, P.O. Box 340, Hamilton, AL35570.

MC 107934 (Sub-3-13TA), filed July 28,1981. Applicant: BYRD MOTOR LINE,INC., P.O. Box.828, Lexington, NC 27292,Representative: John R. Sims, Jr., DennisDean Kirk, 915 Pennsylvania Bldg., 425--13th Street, N.W., Washington, DC20004. Textiles and materials used inthe manufacturing of textiles, betweenpoints in Lincoln County, NC, on the onehand, and, on the other, points in VA,WV, OH, MI, IN, KY, TN, IL, WI, MN,MO, KS, AR, TX, LA, MS, AL, FL, GA,SC and NC. Supporting shipper(s): FrankIx & Sons, P.O. Box 857, 321 ByPassNorth, Lincolnton, NC 28092,

MC 152045 (Sub-3-ITA), filed July 24,1981i Applicant: CASON COMPANIES,INC., d.b.a. CASON BUILDERS SUPPLY,1880 Spartanburg Highway,

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He'ndersonville, NC 28734.Representative: Charles Ephraim, 406World Center Building, 918-16th Street,N.W., Washington, D.C. 20006. Contract,irregular, General commodities (exceptclasses A andB explosivesj betweenpoints in the U.S. pursuant to acontinuing contract(s) with UnitedFreight, Inc. and Distribution Services ofAmerica, Inc. Supporting shippers:Distribution Services of America, Inc.,66.6 Summer Street, Boston, MA 02210and United Freight, Inc., 1260 SouthernRoad, Morrow, GA 30260.

MC 107934 (Sub-3-14TA), filed July 24,1981. Applicant: BYRD MOTOR LINE,INC., P.O. Box 828, Lexiington, NC 27292.Representative: John R. Sims, Jr., DennisDean Kirk, 915 Pennsylvania Bldg., 425--13th Street, N.W., Washington, DC20004. NIw cartoned furniture andaccessories, between the plantsites ofBroyhill Furniture Manufacturing in NC,and the facilities of Hallmark Furniturein FL. Supporting shipper(s): BurnettCorp. d.b.a. Hallmark Furniture, 112South Alabama, Deland, FL 32720.

MC 144503 (Sub-3-15TA, filed July 24,1981. Applicant: ADAMSREFRIGERATED EXPRESS, INC., P.O.Box F, Forest Park, GA 30050.Represeritafive: Charles L. Redel, 212Hoeschler Exchange Building, La Crosse,WI54601. Pulp, Paper and RelatedProducts and Materials Equipment andSupplies Used by Manufacturers ofPaper and Related Products betweenpoints in the U.S. Supporting shippers:Sloan'Paper Co., P.O. Box48200,Atlanta, GA 30362, Austell Box BoardCorp., P.O. Box 157,.Austell, GA 30001,and Gilman Paper Company, P.O. Box520, St. Marys, GA 31558.

MC 116254, (Sub-3-30TA), filed July24, 1981. Applicant: CHEM-HAULERS,INC., P.O. Box 339, Florence, AL 35631.Representative: M. D. Miller (sameaddress as applicant). DimensionLumber and WoodProducts, from FL,GA, NC, NY, SC, TN, VA, and WV to allpoints in and East of MN, IA, MO, AR,and LA. Supporting shipper. CarolinaCanadian Lumber Sales, Inc., P.O. Box2929, Spartanburg, SC 29304. -

MC 148423 (Sub-3-11TA), filed July 24,1981. Applicant: AVANT TRUCKING.COMPANY, INC., P.O. Box 216, Gray,GA 31032. Representative: Archie B.Culbreth, Suite 202, 2200 CenturyParkway, Atlanta, GA 30345. Commonlime, hydrated, quick or slaked, FromSagznaw;¢AL and Brunswick, GA, topoints in-FL, GA and SC. Supportingshipper- SI Lime Company, P.O. Box2947, Mobile, AL 36652.

MC .119349 (Sub-3-1TA, filed July 24,'1981. Applicant: STARLINGTRANSPORT LINES, INC., 3620 S. U.S. L

Federal Hwy., Fort Pierce, FL 33450.Representative: E. Stephen Heisley, 805McLachlen Bank Building, 666 EleventhStreet, NW., Washington, DC 20001.Food and related products, bdtweenpoints in St. Lucie County, FL, on theone hand, and, on the other, points inMI, IN, OH, PA, DE, NJ, NY, CT, RI, MA.VT, NH, ME, atid TX. Supportingshipper. Tree Sweet Products Co., 1000Bell Avenue, FT. Pierce, FL 33454.

MC 143061 (Sub-3-9TA), filed July 24,1981. Applicant: ELECTRICTRANSPORT, INC., P.O. Box 528, Eden,NC 27288. Representative: Archie W.Andrews (same as applicant). Suchcommodities as are dealt in or used by amanufacturer of electronic equipment,between Salt Lake and Davis Counties,UT, on the one hand, and, ?:n the other,points in the U.S. (except AK and HI).Supporting shipper Sperry Univac, Inc.,322 N. 2200 West, Salt Lake City, Utah84116.

MC 157383 (Sub-3-1TA), filed July 24.1981. Applicant: GUILFORDTRANSPORT COMPANY, INC., No. 5Wendy Court, Greensboro, NC 27409.Representative: Terrell C. Clark, P.O.Box 25, Stanleytown, VA 24168. NewFurniture and materials, supplies andequipment used in the manufacture, saleand distribution of new furniture,between points in Davidson andGuilford Counties, NC, on the one handand, on the other, points in OK and TXand points in the US in and east of MN,.IA, MO, AR, and LA. Supportingshippers: Tysinger Furniture House Inc.,609 National Highway, Thomasville, NC27360, Young's Furniture & Rug Co., P.O.Box 5002, High Point, NC 27262, PribaFurniture Sales, Inc., P.O. Box 13295,..Greensboro, NC 27405.

MC 149563 (Sub-3-17TA), filed July 28,1981. Applicant, SUPER TRUCKERS,INC., 3900 Commerce Ave., Fairfield, AL35064. Representative: Gerald D. Calvin,Jr., 603 Frank Nelson Bldg., Birmingham,AL 35203. Metalproducts between thefacilities of Pacesetter Steel Service, Inc.and its suppliers at Atlanta, GA, EastChicago, IN and Springfield, OH, on theone hand, and, on the other, points inthe U.S. Supporting shipper PacesetterSteel Service, Inc., P.O. Box 6865,Marjetta, GA 30065.

MC 156672 (Sub-3-1TA), filed July 28,1981. Applicant: COMMERCIALTRUCKING COMPA1NY, INC., 1939Herbert Ave., Laurel, MS 39440.Representative: Jerry H. Blount, 213 S.Lamar St.-Suite 200, Jackson, MS 39201.Steel storage tanks between Laurel, MS,on the one hand, and, on the other,points in AL, AR. FL GA. KY, LA, TN.TX and WV, restricted to shipmentsfrom.the facilities of Commercial

Construction Co. Supporting shipper.Commercial Construction Co., Inc., 1939Herbert Ave., Laurel. MS 39440.

MC 124835 (Sub-3-13TA], filed July 28,1981. Applicant: PRODUCERSTRANSPORT CO., P.O. Box 4022,Chattanooga, TN 37405. Representative:David K. Fox (same address asapplicant). Salt and Salt Products, fromCharlotte, NC and Wilmington, NC to allpoints in the U.S. Supporting shipper.International Salt Co., Clarks Summitt,PA 18411.

MC 157388 (Sub-3--1TA), filed July 28,1981. Applicant: FREEMAN CONTRACTSERVICE, INC., 426 Springview Court,Concord, NC 28025. Representative:William P. Farthing, Jr.. 1100 Cameron-Brown Building, Charlotte, NC 28204.Contract: irregular. steel and aluminumproducts, between all points in the U.S.,under continuing contract with EdgcombMetals Company. Supporting shipper.Edgcomb Metals Company, 624 BlackSatchel Drive, Charlotte, NC 28216.

MC 153615 (Sub-3-1TA), filed July 28,1981. Applicant: SMITH TRANSFERCOMPANY, INC., Post Office Box 531,Wilson. NC 27893. Representative: KinaD. Mann, 7101 Wisconsin Avenue, Suite1010, Washington, DC 20014. Woodbaskets and hampers and wire-boundcrates from Murfreesboro, NC to pointsin DE, MD, VA. NJ, PA, and NY.Supporting shipper. Georgia PacificCorporation, P.O. Box 1808, Augusta,GA 30903.

The following applications were filedin Region 4: Send protests to-ICCComplaint and Authority Branch, P.O.Box 2980, Chicago, IL 60604.

MC 150341 (Sub-4-6), filed July 28,1981. Applicant: HOOVESTOL, INC.,3110 Mike Collins Drive, St. Paul, MN55121. Representative: Charles E.Johnson, P.O. Box 2578, Bismarck, ND58502. Meats, meat products, meatbyproducts, and such articles dealt in orused by meat packung houses (exceptcommodities in bulk), between points inthe US (except AK and HI). Anunderlying ETA seeks 120-day authority-.-Supporting shippers: Ellison MeatCompany, Minneapolis, MN; Meat SalesInternational/Marketing SpecialistInternational, Minneapolis, MN; SunstarFoods, Inc., South St. Paul, MN, LloydsFood Products, West St. Paul. N.

MC 142464 (Sub-4-1TA), filed July 27,1981. Applicant: JOHN M.CHRISTOPHER. 3444 McCarty Lane,Lafayette, IN 47905. Representatives:Robert W. Loser II, Esq., 1101 Chamberof Commerce Bldg., 320 N. Meridian St.,Indianapolis, IN 46204, and BrentE.Clary, Esq.. P.O. Box 469, Lafayette, IN47902. Contract: Metal products and

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those commodities which because oftheir size or weight require the use ofspecial handling or equipment, betweenpoints in IL, IN, KY, MI and OH, on theone hand, and, on the other, points inTN and WV, under continuingcontract(s) with Shelby Steel, Inc., ofShelbyville, IN. Supporting shipper:Shelby Steel, Inc., Shelbyville, IN.

MC 153196 (Sub-4-4TAJ, filed July 29,1981. Applicant: PRINCLFREIGHTLINES, INC., 1641 Carole Lane,Green Bay, WI 54303. Representative:Richard A. Westley, 4506 Regent Street,Suite 100, Madison, WI 53705.Sauerkraut andpickles from thefacilities of Flanagan Bros., Inc., locatedat or near Bear Creek, WI to all points inand west of MN, IA, MO, AR. and LA(excluding AK and HI). Supportingshipper: Flanagan Bros., Inc., 400 ClarkStreet, Bear Lake, WI 54922.

MC 145246 (Sub-4-STA), filedJuly 27,1981. Applicant- A E. SCHULTZCORPORATION, 901 Lyndale Avenue;Neenah, VWI 54956. Representative:Frank M. Coyne, 25 West Main Street,Madison, WI 53703. Paper and PaperProducts, from points in Winnebago,Brown and Outagamie Counties, WI to.points in WY, Mi, ID, UT, ND, SD, NE,MN, NI, and Co. Supporting shipper:Hoffmaster Company, Inc., 2920-N. MainStreet, Oshkosh, WI 54901.

MC 156727 (Sub-4-ITA), filedJuly 271981. Applicant: SERCOMBETRUCKING COMPANY, 2371"Windsmere Drive, Jackson, Mr 49202.Representative: Eugene D. Anderson,910 17th Street, N.W., Washington, DC20006. Auto parts and accessories,'machinery, castings, and tools betweenJackson, MI and Laredo, TX. 'Supportingshipper: Michigan Export Company, P.O.Box 887, Jackson, MI 49204.

MC 720 (Sub-4-9TA), filed July 27,1981. Applicant: BIRD TRUCKINGCOMPANY, INC., P.O. Box 227,Waupun, WI 53963. Representative: TomWesterman, P.O. Box 227, Waupun, WI53963. Paper andpaperproductsincluding, butnot limited to furnitureparts, edge protectors, cores,'tubes andscrap paper, between Neenah, WI onthe one hand, and, on the other, pointsin and East of ND, SD, NE, CO. OK, arldTX, restricted to shipments originationat or destined to the facilities ofLaminations Corporation. Supportingshipper: Laminations Corporation, 1431Harrison Rd, Neenah, W1 54956.

MC 152439 (Sub-4-3TA), filed July 28,1981. Applicant: WILLETTINTERSTATE SYSTEM, INC., 3901South AshlandAvenue, Chicago, IL -60609. Representative: Carl L. Steiner,'39South LaSalle Street, Suite 600, Chicago,IL 60603. General commodities (except

classes A &-B explosives and householdgoods as defined bythe Commission),between all points m the U.S. restrictedto traffic originating at or destined to thefacilities'of or used by Ventura Stores,Inc. Supporting shipper: Venture Stores,Inc., 615 Northwest Plaza, St. Ann, MO63074.

MC 157074 (Sub-4-1IfA), filed July 28,1981. Applicant: BREMEN TRANSFER &STORAGE, INC., 1403 West DeweyStreet, Bremen, IN 46506.Representative: Richard A. Huser, 1301MerchantsPlaza, Indianapolis, IN 46204.General Commodities (except Classes AandB explosives), between points inLaPorte, St. Joseph, Elkhart, Starke,Marshall, Kosciusko, Pulaski, Fulton,and Allen Counties. Supportingshippers: Bender and Loudon, 823Carberry Road, Niles, M 49120.

MC 154432 [Sub-4-2 TA), filed July 29,1981. Applicant: FORTY EIGHTTRANSPORT, INC., 17135 Westview,South Holland' IL 60473. Representative:Philip A. Led, 120 W. Madison St.,Chicago, IL 60602. Foundry facings;ground coal,'petroleum pitch & coal tarpitch; bagging inachnes; iron wire; glassunits, not in sash and relatedcommodities; ranges; ovens: cookers;stoves; and water coolers; soundwarming signals; horns; auto lamps &fixtures; electric controllers; bell ,firealarms and cleaning compounds &related commodities throughout pointsand places within the U.S. excluding HI& AK., with an origin or destinationpoint 'f Chicago, So. Holland, BlueIsland and Chicago Hts , *IL. Sup ortingshippers: There are six supportingshippers.

MC 157229'-(Sub-4-2'TA), filed July 27,1981. Applicant: H & A CARTAGE &TRUCKING CO. INC., 6940 N.-76 St.,Milwaukee, WI 53223. Representative:C. B. Henschel Mfg. Co., '15805 WestOverland Dr., New Berlin, WI 53151.Printed book covers and publicationstock and supplies, between New Berlin,WI and Lake Forest and Northfield, ILSupporting shipper: C. B. Henschel Mfg.Co., 15805 West Overland Dr., NewBerlin, WI 53151.

MC 157231 (Sub-4-2 TA), filed July 27,1981. Applicant: HENRY A. RIPPLE andARLjN R. VAHLENKAMP, d.b.a. R & VTRUCKING, W279 N2233 Highway SS,Pewaukee, Wf 53027 Representative:Daniel R. Dineen, 710 North PlankintonAvenue, Milwaukee, WI 53203. Contract;irregular: Such commodities as are dealtin or used by armanufacturer-or,distributor ofprinted matter betweenthe facilities of Columbian Art Works,Inc., at'Milwaukee,-WI, and Memphis,TN, on the one hand, and, on the-other,points in the U.S., under continuing

contracts with Columbian Art Works,Inc., of Milwaukee, WI. An underlyingETA seeks 120 days authority.Supporting shipper: Columbian ArtWorks, Inc., 5700 West Bender Court,Milwaukee, WI 53218.

MC 156133 (Sub-4-5 TA), filed July 27,1981. Applicant:,TRI STATE TIRE &RUBBER, INC., d.b.a. TANDEMTRANSPORT., 322 U.S. Highway 20West, Michigan City, IN 46360.Representative: James M. Hodge, 1000United Central Bank Bldg., Des Molnes,IA 50309.-Buil'ding and constructionmaterials, and equipment, materials andsupplies, used in the manufacturm anddistribution of building and-constructionmaterials, between points in the US. Inand east of MN, IA, MO, AR and LA,restricted to the transportation'of trafficoriginating at or destined to the facilitiesof The Celotex Corp. An underlying ETAseeks 30 days authority, Supportingshipper(s): The Celotex Corp. Subsidiaryof Jim Walter Corporation, P.O. Box22601, Tampa, FL 33622.

MC 155447 (Sub-4-2 TA), filed July 27,1981. Applicant: NEENAH FOUNDRYTRANSPORT, INC., 2121 BrooksAvenue, Neenah, WI 54956.Representative: Norman A. Cooper, 145W. Wisconsin Avenue, Neenah, WI54956. Food and related products andpulp, paper and related products,between points in Outagamle, andWinnebago Counties, Wland points Inthe U.S. Supporting shipper: ValleyBakers Association, P.O. Box 520,Neenah, WI 54956.

MC 157444 (Sub-4--ITA), filed July29,1981. Applicant: UNITED LEASINGSERVICES, INC., 17225 Ellis Court,South Holland, IL 60473. Representative:Joel H. Steiner, 39 South LaSalle, Suite600, Chicago; IL 60603. Contract:Irregular: Metalproducts, betweenpoints in the United States, undercontinuing contract(s) with CenturySteel Corporation, 300 E. Joe Orr Road,Chicago Heights, IL 60411. Supportingshipper: (Same).

MC 157235 (Sub-4-ITA), filed July 20,1981. Applicant: INDIANA TRUCKLINES, INC., Hwy. 33 & Ict. 1-69, P.O.Box 8056, Fort Wayne, IN 46898,Representative: Glenn Voris, Rt, 2Ogder Road, North Manchester, IN46962. Contract irregular: GeneralCommoditiesbetween the facilities ofCombined Shippers Corporation, FortWayne, IN and its members' facilitiesthroughout the U.S. (Except AK and HI),on the one hand, and, on the other,points to and. from its member4'faciliti&s'within the U.S. (except AK andHI). Restricted to'traffic moving undercontinuing contract with Combined

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Shippers Corporation. Supportingshipper Combined ShippersCorporation. Marketplace ofCanterbury, 5675 St. Joe Road, FortWayne, IN 46815.

MC 135410 (Sub-4-31TA, filed July 30,1981. Applicant: COURTNEY J.MUNSON, d.b.a.-MUNSON TRUCKING,P.O. Box 266, North 6th Street Road,Monmouth, IL 60068. Representative:Damel 0. Hands, Attorney At Law,Suite 200-A, 205 West Touhy Ave., ParkRidge, IL 60068. Corrugatedpapercontainers from the the facilities-ofWeyerhaeuser Company at or nearCedar Rapids, IA, to Abingdon, andMonmouth, IL'Logansport, IN,Louisville, KY, Detroit, MI, Marshall, St.Joseph and St. Louis, MO andMinneapolis and Worthington, MN; andpoints in their-commercial zones.Supporting shipper. Weyerhaeuser Co.,100 S. Wacker, .Chicago, IL 60606.

MC 155096 (Sub-4-1TA), filed July 27,1981. Applicant: JANSSEN-TRANSPORT, P.O. Box 61,5802 96thAvenue, Zeeland, MI 49464.Representative: James R. Janssen(address same as applicant). Scrap Ironand Metal for recycling between OttawaCounty; MI and points in IL, IN, and OH.Supporting shipper:Louis Padnos Ironand Metal Co., Inc., P.O. Box 2018, RiverAve. at Bay Side Drive, Holland, MI49423. -

MC 144201 (Sub-4-2TA), filed July 30,1981. Applicant: V.M.P ENTERPRISES,INC., 10542 West Donges Court,Milwaukee, WI 53224. Representative:Damel R. Dineen, 710 North PlankintonAvenue, Milwaukee, WI 53203. Buses,initial movements, in driveway service,between Lamar, CO. on the one hand,and, on the other, points in CA, GA, IA,IL, KY, MN, MO, OH, OR, VA, WA, andWI. An underlying ETA seeks 120 daysauthority. Supporting shippen NeoplanUSA Corporation, One GottlobAuwaerter Dr., -Lamar, CO 81052. -

MC 146133 (Sub-4-2TA), filed1981. Applicant: HALVOR LINES, INC.,4609 W. First, Duluth, MN 55806.Representative: Andrew R. Clark, 1600TCF Tower, Minneapolis, MN 55402.General commodities, between thefacilities of American-CanadianDistribution Center, Inc. at Duluth' andMinneapqlis, MN on the one jaand, and,points in the U.S. on the other.Supporting shipper. American-CanadianDistribution Center, Inc., 7801 E. BushLake Rd. Minneapolis, MN 55435.

MC 143230 (Sub-4-3TA), filed July 30,1981. Applicant: LUCK TRUCKING INC.,R.R. No. 1, Box 190; Wolcott, IN 47995.Representative: Norman R. Garvin, 1301Merchants Plaza; East Tower,Indianapolis, IN 46204. Contract

irregular, Glass products, between Jayand Delaware Counties, IN on the onehand, and, on the other, points in theU.S. under continuing contract(s) withIndiana Glass Co., Division LancasterColony Corp., 717 E. Street. Dunkirk. IN47336. Supporting shipper Indiana GlassCo., 717 E. St., Dunkirk, IN 47336.

MC 96687 (Sub-4-1TA), filed July 30,1981. Applicant: MORRELL TRANSFER.INC., 809 Jackson Avenue, Elk River,MN 55330. Representative: Timothy H.Butler, Lindquist & Vennun, 4200 IDSCenter, 80 South 8th Street, Minneapolis,MN 55402. General commodities,between Minneapolis/St. Paul, MN andall points and places in the MN Countiesof Sherburne, Benton, Milaca, Isanti, andAnoka. Applicant intends to interline.Supporting shipper Crystal CabinetWorks, Inc., 1100 Crystal Dr., Princeton,MN.

MC 144822 (Sub-4-TA), filed July 29,1981. Applicant: WINTZTRANSPORTATION CO., 1706American National Bank Bldg., St. Paul,MN 55101. Representative: Michael J.Ogborn, P.O. Box 82028, Lincoln, NE68501, (402) 475-6761. Contract,irregular. General commodities (exceptClasses A and B explosives), betweenpoints in the U.S., under a continuingcontract(s) with Control DataCorporation. Supporting shipper ControlData Corporation, 8100 34th AvdnueSouth, Minneapolis, MN 55440.

MC 156205 (Sub-4-1TA), filed July 29,1981. Applicant: AFFILIA'EDTRANSPORTS, INC., 17225 Ellis Court,South Holland, IL 60473. Representative:Joel H. Steiner, 39 South LaSalle Street.Suite 600, Chicago, IL 60603. Metalproducts and materials, equipment andsupplies used in the manufacture, saleor distribution thereof, between pointsin IA, IL, IN, KY, MI, MN, MO, OH, TNand WI. Supporting shippers: ChurchillSteel Ltd., 100 First National Plaza,Chicago Heights, IL 60411 and NorthernSteel Industries, Inc., 100 First NationalPlaza, Chicago Heights, IL 60411.

MC 148705 (Sub-4-9TA), filed July 29,1981. Applicant: TWIN CONTINENTALTRANSPORT CORPORATION, 5738Olson Highway, MInneapolis, MN 55422Representative: Stephen F. Grinnell,1600 TCF Tower, Minneapolis, MN55402. Meat, meat products, meatbyproducts and articles distributed bymeatpacking houses, from Sioux City,IA, South St. Paul and Buffalo Lake, MNand Mitchell, SD to points in AZ, CA,FL, IA, MN, NY, OR, SD, TX, and WA.Supporting shipper: Iowa PorkIndustries, 915 E. Havens, Mitchell, SD,57301.

MC 123445 (Sub-4-ITA), filed July 29,1981. Applicant: FOURTEENTH

AVENUE CARTAGE COMPANY, INC.,1038 21st Street. Detroit, 48216.Representative: John W. Ester,Matheson, Bieneman, Parr; Schiler &Ewald, 100 West Long Lake Road, Suite102. Bloomfield Hills, MI 48013. Generalcommodities (except classes A and Bexplosives] between points in MI,restricted to traffic having a prior orsubsequent movement by rail.Supporting shipper: Auto CityPiggyback. Inc., An underlying ETAseeks 120 days authority. 32705 John R.Madison Hgts. MI 48071.

MC 157357 (Sub-4-1TA), friled July 27,1981. Applicant: DAVE SPANGLE d.b.a.S'& S TRUCKING, Rt. 1. Box 333,Bicknell, IN 47512. Representative:Norman A. Cooper, 145 W. WisconsinAve., Neenah, WI 54956. Metalproductsand equipment, materials and suppliesused in the manufacture, sale anddistribution between Bicknell, IN, on theone hand, and, on the other, points inthe U.S. for 270 days under continuingcontract(s) with Apex InternationalAlloys, Inc., Applicant has filed anunderlying ETA seeking up to 120 daysof operating authority. Supportingshipper. Apex International Alloys, Inc.,Hwy 67 South, Bicknell, IN 47512.

MC 156004 (Sub-4-ZrA). filed July 30,1981. Applicant: HARLAN ERDAHLTRUCKING, INC., 1901 Erdahl Road,Stoughton, WI 53589. Representative:James A. Spiegel, Attorney, OLdeTowne Office Park, 6333 Odana Road,Madison, WI 53719. Contract; irregular;transportation equipment andmaterials,equipment andsupplies used in the saleand distribution of such commoditiesbetween Madison. WI, on the one handand, on the other, hand, the Chicago, IL,Commercial Zone, Charleston. IL,Kansas City, KS, Minneapolis, MN,Hagerstown and Severn, MD.Bridgewater, NJ. Allentown, PA. andLongview, TX. Restncition: restricted totransportation to be performed undercontinuing contract(s) with GilomenTruck & Equipment, Inc., and GilomenTrailer Sales, Inc. An underlying ETAseeks 120 days authority. Supportingshippers: Gilomen Truck & Equipment.Inc., 4000 Commercial Avenue, MadisonmWI 53714; and Gilomen Trailer Sales,Inc., 400 Commercial Avenue, Madison.WI 53714.

The following applications were filedin region 5. Send protests to: ConsumerAssistance Center; Interstate CommerceCommission, Post Office Box 17150; FortWorth, TX 76102.

MC 61231 (Sub-5-11TA), filed July 27,1981. Applicant: EASTERENTERPRISES, INC., d.b.a. ACE LINES,INC., P.O. Box 1351, Des Momes, IA

40605


50305. Representative: William L.Fairbank, 2400 Financial Center, DesMoines, IA 50309. Pulp, paper andrelated products, rubber and plasticproducts, non-woven articles, metalproducts, and material and supplies

used in the manufacture anddistribution of the above commodities,between-Green Bay, WI, and Muskogee,OK, on the one hand, and, on the other,pts in MD, NJ, NY, and PA. Supportingshipper: Fort Howard Paper Company,1919 South Broadway, Green Bay, WI54304.

MC 78400 (Sub-5-18TA), filed July 27,1981. Applicant- BEAUFORTTRANSFER COMPANY, (P.O. Box 151),Gerald, MO 63037 Representative:Frank W. Taylor, Jr., 1221 BaltimoreAve., Suite 600, Kansas City, MO 64105.Hazardous waste between JeffersonCity, MO and its Commercial Zone, onthe one hand, and, on the other, St.Louis, MO-East St. Louis, IL and itsCommercial Zone. Supporting shippers:Modine Manufacturing Company, 1502S. Country Club Dr., Jefferson City, MO65101, and Bench Mark Tool Company,2601 Industrial Drive, Jefferson City, MO65101.

MC 121517 (Sub-5-13TA, filed July 27,1981. Applicant: ELLSWORTH MOTORFREIGHT LINES, INC., 2120 North 161stE. Ave., Tulsa, OK 74112.Representative: Jerry C. Slaughter (sameas above).Filtering Clay from:,Walkerand Trinity Counties, TX to: LincolnCounty, OK. Supporting Shipper: AlliedMaterials Corp., Box 12340, OklahomaCity, OK 73112.

MC 121517 (Sub-5-14TA), filed July 27,1981. Applicant: ELLSWORTH MOTORFREIGHT LINES, INC., 2120 North.161stEast Ave., Tulsa, OK 74112.Representative: Jerry C. Slaughter (sameas above). Fly Ash From: Lacygne, KS;LaDue, and Weston, MO; andWoodward, OK TO: points in OK andAR. Supporting Shippers: Walter N.Handy Co., Inc., 1948-C SouthGlenstone, Springfield, MO; Midwest FlyAsh Company, P.O. Box 2150, Topeka,KS 66601.

MC 123649 (Sub-5-5TA), filed July 27,1981. Applicant MAGILL TRUCKLINES, INC., 211 West 53rd Street North,Wichita, KS 67204. Representative:Eugene W. Hiatt, 207 Casson Building,-603 Topeka Boulevard, Topeka, KS66603. Meat, meat by-products, hides,offalproducts and packing housesupplies, between Jewell County, KSand all points and places in the U.S.Supporting shipper: Dubuque PackingCompany, P.O. Box 283, Mankato, KS66956.

MC 125579 (Sub-5-ITA), filed July 27,1981. Applicant: TRUCK SERVICE, INC.,

Post Office Box 15946, Baton Rouge, LA70895. Representative: Janet BolesChambers, 8211 Goodwood Blvd. SuiteC-1, Baton Rouge, LA 70806. Machinery,equipment, materials, and supplies usedin or in connection with, the discovery,development, production, refining,manufacture, processing, storage,transmission and distribution of naturalgas and petroleum and their productsand by-products, and machinery,equipment, materials and supplies usedin, or in connection with, theconstruction, operation, repair,servicing, maintenance and dismantlingof pipelines, including the stringing andpicking up thereof, between all points inthe LA Parishes of Lafayette, Vermillion,East Baton Rouge and Livingston on onehand, and on the other, points in theStates of TX, AR, MS, AL, GA, FL andOK.

Note.-Applicant intends to tack.MC 129784 (Sub-5-3TA), filed July 27,

1981. Applicant: DAVISONTRANSPORT, INC., P.O. Drawer 846,Ruston, LA'71270. Representative:Dennis Ledet (same address asapplicant). (1) Containers, ContainerClosures, Container Components.Glassware andPackagng Products; (2)Scrap Materials; (3) Materials,Equipment and Supplies usedin theSale, Manufacture and Distribution ofthe commodities named in (1) above:Between Lincoln and Union Parishes,LA, on the one hand, and, on the other,points m the U.S.. Supporting shipper.Laurens Glass Co., Laurens, SC.

MC 141865 (Sub-5-21TA),-filed July 27,1981. Applicant: ACTION DELIVERYSERVICE, INC., 2401 West MarshallDrive, Grand-Prame, TX 75051,Representative: Martin White, 2401West Marshall Dirve, Grand Prairie,'TX75051. Contract; Irregular. Paper andPaper Products from points m TX topoints in MO, KS, CO, TN, LA and KY.Supporting shipper. Bowater ComputerForms, Inc., 3000 East Plano Parkway,Piano, TX75074.

MC 143568 (Sub-5-3TA),, filed July 27,1981. Applicant: SIMMONS TRUCKING,INC., P.O. Box 71, Glenwood, MO 63541.Representative: Frank W. Taylor, Jr.,1221 Baltimore Ave., Suite 600, KansasCity, MO 64105. Contract; irregular:Food and related products betweenKansas City, KS and its CommercialZone, on the one hand, and, on theother, all points in MO; and betweenpoints in MO and IA, on the one hand,and, on the other, points in IL, pursuantto contract withAldi, Inc. Supportingshipper:'Aldi, Inc., 6500 Inland, KansasCity, KS 66106.

MC 145150 (Sub-5-11TA, filed-July 27,1981. Applicant: HAYNESTRANSPORT

CO. INC., R. R. 2, Box 9, Salina, KS67401. Representative: Clyde N.Christey, Kansas Credit Union Bldg.,1010 Tyler, Suite 110L, Topeka, KS67401. ANHYDROUS AMMONIA, FromHutchinson County, TX to points in UT.Supporting shipper: Phillips PetroleumCo., 842 Adams Bldg., Bartlesville, OK74004.

MC 145797 (Sub-5-4TA), filed July 27,1981. Applicant: NANCYTRANSPORTATION, INC., 420Stablestone Drive, Chesterfield, MO63017 Representative: R, ThomasGrasso, 111 Hilltown Village Center,Chesterfield, MO 63017. Chemicals,drugs, diagnostic products, food,flavoring, fragrances, laboratoryinstruments, and supplies and toiletpreparations (except in bulk, in tankvehicles) between points in the states ofCA, IL, KY, MO, NJ, NC, OH, PA, andWA, and points idt the US. Supportingshipper Mallinckrodt, Inc., 675McDonnell Blvd., P.O. Box 5840, St.Louis, MO 63134.

MC 146055 (Sub-5-14TA), filed July 27,1981. Applicant: DOUBLE "sTRUCKLINE, INC., 731 LivestockExchange Bldg., Omaha, NE 68107.Representative: James F, Crosby &Associates, 7363 Pacific Street, Suite210B, Omaha, NE 68114.'Sichcommodities as are used, dealt in, ordistributed by manufacturers anddistributorsof pet foods between pointsin the U.S. for the account of Kal KanFoods, Inc. of Vernon, CA. Supportingshipper: Kal Kan Foods, Inc., 3386 East44th Street, Vernon, CA 90058.

MC 146336 (Sub-5-10TA), filed July 27,1981. Applicant: WESTERNTRANSPORTATION SYSTEMS, INC.,1606 109th Street, Grand Prairie, TX75050. Representative: D. Paul Stafford,P.O. Box 45538, Dallas, TX 75245.Contract, irregular, chemicals or alliedproducts and clay, concrete, glass orstone products from Dallas, TX to pointsin AZ, CA, CO, LA, OR, WA and UT,under continuing contract(s) with L &M-Surco Mfg., Inc. Supportingshipper(s): L & M-Surco Mfg., Inc,, 2414Chalk Hill Road, Dallas, TX 75235.

MC 146730 (Sub-5-4TA), filed July 27,1981. Applicant: L & WTRANSPORTATION, INC., Route #3,Box 195, Sedalia, MO 65301.Representative: Elvin S. Douglas, Jr.,P.O. Box 280, Hamsonville, MO 04701.Iron, steel and aluminum articles fromCook and Dupage Counties, IL Porterand Lake Counties, IN; and City of St.Louis and St. Louis County, MO, to allpoints in the U.S., and from the States ofMO, AR, TN, OK, WI, IA, NE; TX, KY,IN, MI, MN, KS, SD, MS, IL, PA, NJ, CA,

40606


OH,,FL,WA. GA, OR, AL-to Cook andDuPage-Counties,. IL, Porter and Lake-Counties, IN, andCity of SL.Louis andSt. Louis County, MO. Supportingshippers: Matron Steel Corporation,12900 S. Metron Drive, Chicago, IL60633; Tollway Steel, 25th.& Main,Melrose Park, IL 60100; ProgressiveFabricators, Inc., 6800 Prescott, SL Louis,MO 63147

MC 147321 [Sub-5T7TA), filed July 27,1981. Applicant: BILL STARRTRUCKING, INC., 1041 S. Vista Dr.,Independence, MO 64056.Representative: Alex M. Lewandowski,1221 Baltimore Ave., Ste. 600, KansasCity, MO 64105. Contract, Irregular,General commodities, (except Classes Aand B explosives.and hazardous waste),'between El Paso, TX on the one hand,and, on the other, Chicago, IL, Newark,NJ;-Atlanta,GA St. Louis, MO;Louisville, KY; Phoenix, AZ; LosAngeles, CA; San Francisco, CA; DallasTX, Kansas City, MO (and theirrespective commercial zones).Supporting shipper- Sun CityWarehousesInc.,.6501' Convair, ElPaso.,TX.I

MC 148186 (Sub-5m-2TA), filed July 27,1981. Applicant. K. K. &-T., INC., 2464South Scdmc, Springfield, MO 65807Representative: Lavern R. Holdeman,P.O. Box 81849, Lincoln, NE 68501. Such.commodities as are dealt in or used byautomotive supply houses (except inbulk), between the facilities of Aerosol,Company, Inc., at or near Neodesha, KS;the facilities ofJ. D. Streett & Co., at ornear St. Louis and Lemay, MO; and thefacilities, of Industrial LubricantsCompany, Inc., a subsidiary of Sigmore.Corp., at or near SandAntonio, Houston,and Corpus Christi, TX, on the one hand,and, on the other, points m the U.S.Supporting shippers: Aerosol Company,Inc.. 525 N.11th Street, Neodesha, KS66757; J. D-Streett & Co., 144 WeldonParkway, Maryland.Heights, MO; andIndustrial Lubricants Company,. Inc., asubsidiary of Sigmor Corp., Box 20267,San Antonio, TX 78220.

MC 148186 (Sub-5-3TA), filed July 27,1981: Applicant: K. K. & T., INC., 2464South Scenic, Springfield, MO 65807Representative: Lavern R. Holdeman,P.O. Box 81849, lancoln, NE 68501.Lubricating oil and antifreeze (except znbulk), between the facilities of.Cities.Service Company at or near Cicero, IL,WestMemphis, AR;.Nederland,,TX;Atlanta, GA; Witchita, KS; and St. Loues,MO; on the one hand, and, on the other,points in the U.' Supporting shipper.Cities Service Company, Box 300 (OCBRoom" 666), Tulsa, OK74102.

MC 148899 (Sub-5-ITA). filed Juy 27,1981. Applicant: BARLOW TRUCK

LINES, INC., Box 224, Faucett, 64448.Representative: Patricia F. Scott,Kretsinger & Kretsmger, 20 EastFranklin, P.O. Box 258, Liberty, 64068.Ice cream mix and ingredients used inthe manufacture thereof between SantoAnna, CA and St. Joseph, MO on ther onehand, and, on the other, points in andeast of AR, IA, LA, MO'& MN.,Supporting shipper. Star Blends, P.O.Box 133, SL Joseph, MO 64502.

MC 149026 (Sub-5-2"TA), filed July 27,1981. Applicant- TRANS-STATESLINES, INC., 6815 Jenny Lind, FortSmith, AR 72903. Representative: LarryC. Price, P.O. Box 6645, Fort Smith, AR72906. New Furniture and materialequipment and supplies used in themanufacture, assembly and distributionof New Furniture (except commoditiesin bulk); between Dallas, TX (and itscommercial zone) and points in the U.S.(except AK & HI). Supporting shipper.Elan Furniture Co., 738 Jupiter Road,Dallas, TX 75042.

MC 150098 (Sub-5-2TA), filed July-27.1981. Applicant: CHARLES OFFUTTCO., P.O. Box 5065, Bossier City, LA71111. Representative: Charles Offutt(same as above). Aalt beverages andmaterials, supplies and equipment usedin the production and distbibution ofmalt beverages, between Bossier City,LA and FortWorth; TX and San -Antonio, TX. Supporting shipper G & GDistributing Corp., 410 Hamilton Rd.Bossier City, LA 71111.

Note.-Applicant intends to tack.MC 153061 (Sub-5-2TA), filed July 27.

1981. Applicant- JAMES A. SCHENKER.d.b.a. MERCHANTS DELIVERYSERVICE, 1901 Hawthorne StreetDubuque, IA 52001. Representative- Carl,E. Munson, 469 Fischer Building.Dubuque. IA 52001. Contract; Irregular,Toilet preparations, jewelry. and otherproducts distributed byAvoir ProductsInc., from Dubuque, IA, to pts inAllamakee, Buchanan, Cedar, Clayton.Clinton, Delaware, Dubuque, Jackson,Jones, and Linn Counties, IA; andCrawford. Grant, and LafayetteCounties, WI, under continuingcontracts with Avon Products Inc., NewYorkNY. Supporting shipper. AvonProducts Inc., New York, NY.

MC 156893 (Sub-5-iTA), filed July 27,1981. ApplicanL- KANSAS CITY COLDSTORAGEDISTRIBUTION, INC., 500East 3rd Street, Kansas City, MO 64106.RepresentativerPatricia F. Scott,Kretsrnger& Kretsinger, P.O. Box 258.Liberty, MO 64068. Such commodities asare dealtm or used by distributors offoodstuffs between the Kansas Citycommercial zone, on the one hand, and.on the other, points in AR, CO, IL IA,KS, KY, MN, MO, NE, TN, TX and OK.

Supporting shippers: Kansas City ColdStorage Corporation. 500 East 3rd Street,Kansas City, MO 64106, South AtlanticMarketing. Inc.,1575 N.UniversalAvenue, Kansas City, MO 64120.

MC 157164 (Sub-5-2TA), filed July 27,1981. Applicant: HOWARD LIGHT,d.b.a. HOWARD'STRUCKING, Route 2,,Box 152, Flint, TX 75762. Representative:William Sheridan. P.O. Drawer 5049,Irving, TX 75062. Paper andpaperarticles between Frankston, TX, on theone hind, and, on the other, points inAL. AR. LA, NM, OK. Restricted toshipments onimating at or destined tothe facilities of Frankston Paper BoxCompany of TX Inc. Supporting shipper.Frankston Paper Box Company of TX,Inc., P.O. Box 368, Frankston, "Xr75763.

MC 157164 [Sub---3TA), filed July 27.1981. Applicant: HOWARD LIGHT.d.b.a. HOWARD'S TRUCKING, Route 2,Box 152, Flint,.TX 75762. Representative:William Sheridan. P.O. Drawer 5049,Irving, TX-75062. Building materdas,between OpelousasLA. on the onehand. and, on the other, points in AR.MS, and TX. Restricted toslnpmentsoriginating at or destined to the facilitiesofElco Forest Products. Supportingshipper- Elco ForestProducts, P.O. Box976, Opelousas, LA 70570.

MC 157324 (Sub-5--TA), filed July 271981. Applicant: SUNFLOWERFOODEXPRESS, INC., Box 143, Sedgwick. KS67135. Representative: Lester C. Arvin,814 Century Plaza Building, Wichita, KS67202. Food and relatedproductsbetween points in AR & KS, on.the onehand, and, on the other, points m IN. IL,MD. MI, NY, OH, PA, WI and DC.Supporting shnpper- DPM of Kansas. Inc.,800 East 37th Street North, Wichita, KS67219.

MC 157340 (Sub-5--ITA), filed July 27,1981. Applibant: DAVID CARLIN. d.b.a.CARLIN UNIE TRUCKING, P.O.Box344, Round Rock. TX 78664.Representative: George James "Jim!"Mallios, 608 Brown Building, 708Colorado, Austin.TX 78701. (512) 477-9469. Farm products, ores Ormineralscoal, oil, and energy producs, concreteand stone, metal products machnery-transportation equipment. buildingmateials, equpment between, points mNM. CO. KS, OK, CA. MO. AR. LA. A7,WY, and IL. Supporting slpper. (1).J. CEvans Construction Go., Inc.- Austin.TX, (2) City of Round Rock. TXRoundRock. TX.

MC 119800 (Sub-,-Z'rA) filed July 29;1981. Applicant PHILIP THOMASTRUCKING. INC.. P.O. Box 248.Wynnewood, OK 73098. Representative:T.M. Brown. P.O.Box 1540, Edmond.OK 73034.1et fuel and aifation gasoline,

40507


in bulk, in tank vehicles, between pointsin OK, TX, AR, LA, MO, KS, CO, andNM, Supporting shipper: Tech Jet, Inc.,Love Field Terminal Bldg., Tulsa, OK75235.

MC 120750 (Sub-5-1TA), filed July 24,1981. Applicant: ROUGHNECKTRUCKING, INC., 2611 Albany,'Houston, TX 77006. Representative:Wendell J. Tra'ylor (same as applicant).Machinery, equipment, materials, andsupplies used in, or in connection withthe discovery, development, production,refining, manufacture, processingstorage, transmission, and distributionof natural gas and petroleum and theirproducts and by-products; andmachinery, materials, equipment andsupplies used in, or in connection withthe construction, operation, repairservicing, maintenance and dismantlingof pipe lines, including the stringing andpicking up thereof between points in TXon the one hand, and, on the otherpoints in LA, OK, NM, CO,'WY, MS andND. Supporting shippers: 10.

MC 135997 (Sub-3), filed July 29, 1981.Applicant: TEXAS TANK LEASING,INC., Route 5, Box 99, Canroe, TX 77301.Representative: William D. Lynch; P.O.Box 912, Austin, TX 78767. Roofing,roofing materials, roofing products, roofinsulation, insulating material, mineralwool, machinery, equipment or suppliesused in the installation and manufactureof the foregoing commodities, from thefacilities of Owens-Cornig FiberglasCorporation in the States of AZ, AR,CO, KS, LA, MS, MO, MN, OK, TN, TXon the one hand, and, on the other hand,all points and places in the States of AZ,AR, CO, KS, LA, MS, MO, NM, OK, TN,TX. Service is restricted totransportation on flatbed trailers only.Supporting shipper: Owens-CormingFiberglas Corporation, Fiberglas Tower,Toledo, OH 43659

MC 140033 (Sub-15TA), filed July 29,1981. Applicant: COX REFRIGERATEDEXPRESS, INC., 10606 Goodnight Lane,Dallas, TX 75220. Representative:Jackson Salasky, P.O. Box 45538, DallasTX 75245. Food and related products (1)from Logan, UT and Pocatello, ID to LosAngeles, Hayward and San Diego, CA;Phoenix, AZ and Seattle, WA (2) fromMonett and Carthage, MO to Denver,CO, St. Louis, MO, Dallas and Houston,TX and (3) from San Diego, CA to Dallasand Houston, TX. Supporting shipper(s):Foodmaker, Inc., 9330 Balboa Avenue,San Diego, CA 92112.

MC 151288 (Sub-5-2TA], filed July-28,1981. Applicant: IOWA-ILLINOISEXPRESS, LTD., 960 South Rolff,Davenport, IA 52802. Representative:Steven C. Schoenebaum, 1200 Register &Tribune Bldg., Des Moines, IA 50309.

General commodities (except liquidcommodities in bulk, classes A and Bexplosives, and motor vehicles requiringthe use of special equipment) betweenpts in Warren County, IL, Knox County,IL, Henry County, IL, Whiteside County,IL, Rock Island County, IL, ClintonCounty, IA, Muscatine County, IA,Cedar County, IA, and Scott County, IA.Supporting shippers: 5.

MC 151643 (Sub-2TA), filed July 29,1981. Applicant: LO-HITRANSPORTATION, INC., P.O. Box661, Fremont, NE 68025. Representative:Scott E. Daniel, 800 Nebraska SavingsBuilding, 1623 Farnam, Omaha, NE68102. Contract irregular Householdfurniture and home furnishings betweenpts m the U.S. RESTRICTION:Restricted to a transportation serviceprovided under a continuing contract orcontracts with D & D Investment Co.,Inc., d/b/a Craftmatic Distributing.Supporting shipper(s): D & D InvestmentCo., Inc., d/b/a Craftmatic Distributing.

MC 153962 (Sub-5-3TA), filed July 29,1981. Applicant: NEBRASKALANDCONTRACT CARRIERS, INC., P.O. Box1190, Kearney, NE 68847Representative: Jack L. Shultz, P.O. Box82028, Lincoln, NE 68501. Contract,irregular: General commodities,between pts in the U.S., under acontiriuing contract(s) with Our OwnHardware Company. Supportingshipper: Our Own Hardware Company,P.O. Box 720, Minneapolis, MN 55440.

MC 156581 (Sub-5-2), filed July 29,1981. Applicant: METROPLEX FREIGHTSERVICE INC., 1804 Vantage Street,Carrollton, TX 75006. Representative:William Sheridan, P.O. Drawer 5049,Irving, TX 70562. Contract: Irregular, (1)Liquid Plastic (2) Chemical Containers(3) Materials, Equipment and Suppliesused in the manufacture anddistribution of plastic or rubber articlesbetween Carrollton, TX, on the onehand, and, onthe other, points in theU.S. Restricted to shipments originatingat or destined to the facilities ofInternational Packaging-Systems, Inc.Supporting shipper: InternationalPackaging Systems, Inc., 1804 VantageSt., Carrollton, TX 75006.

The following applications were filedin region 6. Send protests to: InterstateCommerce Commission, Region 6 MotorCarrier Board, P.O. Box 7413, SanFrancisco, CA 94120.

MC 157065 (Sub-6-ITA), filed July 27,1981. Applicant: PAUL K. BLYE, JR.,d.b.a. A & P TRUCKING COMPANY,INC., 5619 W. Sunnyside Ave., Glendale,AZ 85304. Representative: Paul K. Blye,Jr. (same as applicant). Contract Carrier,Irregular routes: Lumber and WoodPrdducts; Building Materials; Insulation

and Roofing Products, between points inCA, AZ, NM, and TX, for the account ofSpecialty Forest Products, for 270 days.An underlying ETA seeks 120 daysauthority. Supporting shipper: SpecialtyForest Products, 4433 N. 19th Ave.,Phoenix, AZ 85015.

MC 156527 (Sub-6-1TA), filed July 23,1981. Applicant: A.B. TRANSFER, INC.,17031 Green Dr., City of Industry, CA91745. Representative: Armando M.Bernal (same address as applicant).Furniture, furniture parts andequipment, materials and supplies usedin the manufacture, warehousing ordistribution of same; between points InAZ, CA, NV, OR and WA, for 210 days.Supporting shippers: "There are (11)shippers. Their statements may beexamined at the office.

MC 135215 (Sub-6-OTA), filed July 27,1981. Applicant: BULKTRANSPORTATION, 415 remon Ave.,Walnut, CA 91789. Representative:William J. Monheim, P.O. Box 1750,Whittier, CA 90609. Contract carrier,irregular routes: Coal tar emulsionpavement sealer from Oroville, CA, topoints in OR and WA under acontinuing contract(s) with Seal KingMfg., a division of Yardley ConstructionCo., Inc. for 270 days. An underlyingETA seeks 120 days authority.Supporting shipper(s): Seal King Mfg,, adivision of Yardley Construction Co,.Inc., 6810 Lincoln Blvd., Oroville, CA95965.

MC 156899 (Sub-6-ITA), filed July 20,1981. Applicant: CAROL DIXON, d.b.a.CAD BUILDING SUPPLIES, 9715 N. E.Prescott, Portland, OR 97220.Representative: Carol Dixon (sameaddress as applicant). (1) Lumber andWood Products; Pulp, Paper andRelated Products; Metal Products; andBuilding Materials, between points inCA, ID, OR, and WA. (2) Machinery andTransportation Equipment, andMaterials and Supplies used in themanufacture and distribution thereof,from points in AL, CA, MS, and WA, topoints in Multnomah County, OR, andfrom points in Multnomah County, OR,to points in CA, OR, aid WA, for 270days. There are seven supportingshippers; their statements may beexamined at the office listed,

MC 157379 (Sub-6--ITA), filed July 20,1981. Applicant: DCL Transport, INC.,P.O. Box C-002, Vancouver, WA 9801,Representative: David L. Jacques (sameaddress as applicant). Contract CarrierIrregular Routes, (1) Lumber and WoodProducts and Building Materials; (2)Metal and Metal Products, (1) frompoints in CA, ID, OR, and WA, to pointsin AR, AZ, CA, CO, ID, IL, IN, IA, KS,

40608


LA, MI, MN, MO, MS, NE, NM, NY., OK,OR;.OHTX., UT, WA, WI, and WY, andpoints on the U.S. CANADA border inID-and WA forthe:accountoftheWickes Companmes,.Inc., and itsDivisions and Subsidianes; (2j betweenpoints-mAR, AZ, CA,CO, ID.. IL, IN, KS.LA, MOMT, MSND, NM, NV, OH; OKOR, TX,.0T, WA, and WY for theaccount ofJospeh T. Ryerson & Son,Inc., for 27Q days. An underlying ETAseeks-120 days authority. Supportingshippers: Wickes Companies, Inc:, 30160,S.W. Orepac Ave., P.O. Box. 200,WilsonvilleOR 97070; Joseph T.Ryerson & Son, Inc., 65th & Holffs St,.Box_8427, Emeryvillej CA 94662.

MC 128685 (Sub-6-STA),, filed July 22,1981. Applicant: DIXON BROS.,IINC.,P.O.D. 8, Newcastle, WY 82701.Representative. Jerome Anderson, 100Transwestem Bldg., Billings, M 591M..Metalproducts, betweempoints inChicagoi, IL and its CommercialZone,Whiteside and Madison Counties, IL; SLLouis, MO and its-Commercial Zone,,Jackson, Clay and Platte Counties, MO;Polk County.,IA; and Elkhart CountyINon the one hind, and, on.the other,points in WY and Polk County, IA,for270 days. Supporting shipper. Pittsburgh-Des Moines Steel Co., 1000 W. Frrst-St.,Casper, WY82601. -

MC 1532I5.(Siib-6-2TA) filedjuily23,.1981. Apilfcant.DON'S-REFRIGERATED.EXPRESS, LTD., 1168.168th St., R.R. #7, White.Rock, B.C, CDV4B5A8. Representative: Michael D.Duppenthaler, 211 S-. Washingtor, St.,Seattle, WA-98104. Contract Carrier,Irregular Routes: Pulp, Paperor AlliedProducts, between ports of entry-on theInternational Boundary Line betweenthe U.S. and CD in WA on the one-hand,and, on the other, points rathe Los-Angeles, CA Commercial Zone for theaccount of Field Board, Inc. for 270 days.An underlying ETA seeks 120 daysauthority. Supportihig sliipper- FfelclBoardjnc.(,8944Y2 BurtonLWay, BteverlyHills, CA 90211.

MC 1517-48 (Sb-6-2TA), filed July 27,1981. Applicant:- GRAPHIC ARTSPUBLISHINGCO., INC., d.b.a. GAP'TRUCKING, 2285 Warm Springs Ave.,Boise, ID-83706. Representative: DonaldA. Ermcson, 708 Old Natibnal Bank Bldg...Spokane, WA 99201. Contract Carrfer.Irregular Routes: Office furniture,materials, supplies, equ~mentandreldtedproducts, betweerr Boise, ID. onthe one hand, and, on the other, points -inID, MT, NV, OR, UT and WA.Supporting shipper. Equipment'Distributors, Inc., 389 Benjamfn-Ln,Boise, ID 83704.

MC'157294 (Sub-6-ITAJ, filed JuIk 23,1981. Applicant: GREENACRES

BUILDING SUPPLIES, INC.,E. 17209Coach Dr., Greenacres, WA 99016.Representative: Robert A.Bovee (sameas Applicant). (1-Brickand relatedmaterials, From points nzxSpokaneCounty, WA to points.m Weber County;.UT, (2) Scrap Metals; between points inID, MT, and WA, (3)Metal and MetalProducts, from points m CA to points mOR and WA, and From MultnomahCounty, OR and.King County,.WA, topoints in ID, MT, and WA, (4) Lumberand WoodProducts from WA andpoints on'the U.S. Canadian Border inWA and ID, to points in ID, and WA, (5),Transportation Equipment, Betweenpoints in Multnomah County, OR.KihgCounty, WA, and Spokane CountyWA.(6) Roofing Materials, and Materialsand Supplies used in the installation ofthe above, between points mtSpokane:County, WA, on the one hand, and, onthe other, points m CA, ID; and OR, for270 days. Supporting shippers: There aresix statements of support which may be-exammned at officelisted above.

MC 154996 (Sub-6-2TA), filedjuly 24,1981. Applicant: JOHNSTON MEATS,INC.,-Cabana Rd., Rte. 3, Box 3514,Hermiston, OR 97838. Representative:Earl M. Johnston (sameas above).Building materials, irrigation materials-and hazardoua waste-materials betweenpoints in OR. WA. IDj MTUT, and CA-for 270 days. Supporting shipper(s):Georgia-Pacificr Corp., P.O.B. 1180,Pasco, WA 99301; Chemn-SecuritySystems Inc., P.O.B. 1269, Portland, OR97207; Pendleton Gramn Growers, Inc,P.O.B- 8, Hermiston, OR 97838.

MC 156505 (Sub-6-ITA), filed&July 22,1981. ApplicanttHAMPTONENTERPRISE, d.b.a;.HAMP TONWATER SERVICE. P.O . BoxM 39, Sidney,'MT 59270. Representative: Dennis ILopach, Esq.,P.OBox,514, Helena, MTr59624. Natural water, brine wvater, fluidsused m drillingfor oil and gas. andhydrogen sulfide, betweempornts in MT.ND, WY, andID, for270 days.Supporting shippers:There are 7supporting.shippers. Their statements-may be examined at theoffice listed

MC 157329 (Sub-6-1TA), filed July,24,1981. Applicant K. C. HAULERS, 1283County Rd., Durango, CO 81301.Representative: Steven K. Kuhlmann,260(YEnergy Center, 717-17th St.,Denver,'CO. 80202. Contract Carrier,Irregular routes: Coal and coal products;between points in.LaPlata County, CO,on the one hand, and, on the other,points in AX NM, anLUT, restrctedtoa transportation service to. be performedundercontract(s) whit National KingCoal, Inc.- for 270 days. An;underlyingETA seeks 120'days authority.Supporting shipperrNational King Coal,

Inc., 1015-- Main Street. Durango. CO81301.

MC 152247 (Sub--ZTA) filed July 22,1981. Applicant: KOHLER TRUCKINGINC., 4521 W Produce Plaza, Suite 14,Los Angeles, CA 90058. Representative:Eldon R. Clawson, 1222 Via Del Sol, SanDimas, CA 91773. Contract, iregular-meats, meat products, andmeat by-products, and artices distibuted bymeat packJng houses, as described inSections A and C of Appendix I to thereport in MC Certificates 61 MCC 209and 706, to Columbus, OFT. Glfport; MS,Kenosha, WI, and Vernon CA, fromWallula, "WA, Denver, CO, Bofse andNampa, ID, Lincoln, Omaha andMadison, NB, Wichita- and Emporia, KS,Des Moines, Sioux City, Dubuque andFort Dodge, IA. and Amarillo, TX. undera continuing contract with KalKanFoods, Inc. of Vernon. CA. for 270 days.An underlying ETA seeks 120 daysauthority. Supporting shipper KalKanFoods, Inc., 3386 E44th St, Vernon, CA90058.

MC 152247 (Sub-6-3TA], filed ju]y-22.1981. ApplicanLt KOHLER TRUCKING,INC., 4521 V Produce Plaza. Suite 1.4.Los Angeles, CA 90058. Representative:EIdon R. Clawson 1222-Via DelSol. SanDimas, CA91273.Contract, irTegufarrartificial flavored liquifd drink products.non..alcoholic from Whittfer CA, toAlbuquerque, NM, Colorado Spriugs.CO. Kansas City, KS, Las Vegas, NV,Omaha, NF., Phoenix. AZ, Fortrand. OR,Salt Lake City, UT. and Seattle WA.undera continuing contract with. KcoProducts of CaIfbrn!ia, Inc._ of Whittier.CA for 270 days. An underlying ETAseeks 120 days authority. Supportingshipper Kisco Products of California.Inc., 12025 Hadley St., Whittier, CA90601.

MC 148775 (Suh-6-1TAI, filed July 28,1981. Applicant: ARNIE MAKEEFF,d.b.a. MAKEEFF TRUCKING, 1347Tillamack Billings, MT 59101.Representative: Alma L-Longmire. P.O.Box 30351, Billings. Nfr 59107..EectriaWelders, Electric WelderParts,Accessories and Supplies, from points inW1 to points in AZ, CA. CO. ID. IA. KS,MN, MO, MT. NE. NM,-NV, ND OK, OR,SD, TX. UT. WA and WY, for 270days.An underlying ETAseeks authority for120 days. Supporting shipper. MillerElectric Mfg. C., 718 S. Bounds, St.,Appleton, WI 54912.

MC 144572 (Sub-6-27TA. filed July 23,1981. ApplicanLtMONEORTTRANSPORTATION COMPANY. P.O.Box.G GreeleyCO 80632.Representative: Steven K.Kuhlmann,2600.Energ Center. 717 17th Street,Denver, CO 80202. Food andrelated

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Fbderal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

products, between the facilities utilizedby Banquet Foods Corp., at points in theUS., on the one hand, and, on the other,points in the U.S. for 270 days. Anunderlying ETA seeks 120 days.,authoity. Supporting shipper: BanquetFoods Corp., 100 N. Broadway, St. Louis,MO 63102.

MC 151683 (Sub-6-2TA), filed July 23,1981. Applicant: NAVAJO TRANSITSYSTEM, DEPARTMENT OF THENAVAJO TRIBE OF INDIANS, P.O. Box1330, Window Rock, AZ 86515.Representative: David Bia (sameaddress as applicant). Passengers andtheir baggage in charter and specialoperations. from NavajoNation pointsin AZ and NM to points in AZ, NM, CO,UT, WA, OR, ID, CA, NV, OK, TX, KS,IL, MO, AR, TN, NC, VA, MD and DC,for 180 days. Supporting shipper: Thereare 11 shippers: their statements may beexamined at the office listed.- MC 151650 (Sub-6-2TA), fied July 23,1981. Applicant: OVERLEY'SINCORPORATED, 650 West SouthernAventie, Mesa, AZ 85202.Representative: Phil B. Hammond, 3003N.' Central Ave, Suite 2201, Phoenix, AZ85012. Hazardous waste (a) from Pimaand Maricopa Counties, AZ, to-Umorr.County, AR; and (b) from BernalilloCounty, NM, to points in CA, for 270days. Supporting shippers: HughesAircraft Company, Nogales Highway, -Tucson, AZ 85734; Marathon Steel,Rolling Mill Division, Elliott & KyreneRoads, Tempe, AZ 85284; and SpartonSouthwest, Inc., 9621 Coors Road N.W.,Albuquerque, NM 87103. An underlyingETA seeks 120 days authority.

MC 157360 (Sub-6-ITA), filed July 27,1981. Applicant:,ROLAND HAM, d.b.a.PACIFIC LINK, 2120 Waterman Ave.,No. 212, San Bernardino, CA 92408.Representative: Donald R. Hedrick, PostOffice Box 88, Norwalk, CA 90650.Contract Carrier, Irregular routes: (1)New automobiles, secondarymovements, in truckaway service; (2)automobilg parts and accessories;between points in the U.S., for theaccount of Rolls Royce Motors, Inc., for270 days. Supporting shipper: RollsRoyce Motors, Inc., 1821 DeHavillandDr., Thousand Oaks, CA 91320.

MC 144957 (Sub-6-7TA), filed July 23,1981. Applicant: PETERCLIFFE, LTD.,14730 East Valley Blvd., LaPuente, CA-91746. Representative: Patrick H. Smyth,19 S. LaSalle St., Suite 401, Chicago, IL60603. General Commodities (exceptthose of unusual value, classes A ind Bexplosives, household goods as defined,commodities in bulk, and those requiringspecial equipment), between points m-FL and MO, for 270 days. Supportingshipper: Bennett Transportation

Services, Inc., 10439 Briarbend Dr., Suite#3, St. Loues, MO 63141.

MC 140163 (Sub-6-5TA), filed July 23,.1981. Applicant: POST & SONSTRANSFER, INC., 2326 Milwaukee Rd.,Tacoma, WA 98421. Representative:George R, LaBissomere, 15 S. GradyWay, Suite 233, Renton, WA 98055.Pulpboard, paper and plastic articles,lighting fixtures and furniture andmaterials, supplies and equipment usedin the manufacturer of such articles'between points in AZ, CA, CO, ID, MT,NV, NM, OR, UT, WA, and WY,restricted to traffic moving to ind fromthe plant or storage facilities of ScottPaper Company, for 270 days.Supporting shipper: Scott PaperCompany, Scott Plaza II, Philadelphia,PA 191,13.

MC 156607 (Sub-6-1TA), filed July 27,1981. Applicant: R&L DELIVERYSERVICE, INC., 4411 W. Slauson Ave.,Los Angeles, CA 90043. Representative:Donald R. Hedrick, P.O. Box 88,Norwalk, CA 90650. New furniture andfixtures, antiques and objects of art, ofunusual nature or value, between pointsinthe U.S., for 270 days. Supportingshippers: There are six shippers. Theirstatements may be examined at theRegional office listed.

MC 121623 (Sub-6-ITA), filed July 27,1981. Applicant: BILL H. SEVERNS ANDDENISE SEVERNS, d.b.a.RAVALLIMOTOR FREIGHT, 250 Corvallis Rd.,Corvallis, MT. Representative: Bill H.Severns (same as applicant). CommonCarrier Regular route: Generalcommodities (except Classes A & Bexplosives), having prior or subsequentInterstate movement, between Butte andDarby MT, serving all intermediatepoints and the off-route points ofAnaconda, Jackson, Medicine HotSprings, Conner, U.S.D.A. Job CorpCenter and the West Fork RangerStation MT, in connection with carriersauthorized regular-route operation, fromButte over Interstate Hwy 90 to JunctionInterstate Hwy 15,-then over InterstateHwy 15 to Junction MT Hwy 43 thenover MT Hwy 43 to Junction U.S. Hwy93 then over U.S. Hwy 93 to Darby andreturn over the same route, for 270 days.An underline E.T.A. seeks 120 daysauthority. Authorization is sought tointerlines and tack the above namedauthority with MC 121623. There are sixshippers. Their statements may beexamined at the Regional Office. -

MC 152609 (Sub-6-3TA), filed July 24,1981. Applicant: SHIPPERS FREIGHTSERVICES, INC., P.O.B. 1248, LakeOswego, OR 97034. Representative:Lawrence V Smart, Jr.; 419 N W 23rdAve., Portland, OR 97210. Contractcarrier, Irregular routes: (1) paper and.

paper articles and (2) materials andsupplies used in the manufacture anddistribution of paper and paper articles,between Halsey, OR, on the one hand,and points miCA, AZ, CO, WA, MT.NM, NV, WY and TX, on the other, forthe account of American Can Company,for 270 days. Supporting shipper:American Can Company, 333 Gellert Bv,Daly City, CA 94105.

MC 150852 (Sub-6-4TA), filed July 23,1981. Applicant: SKYLINETRANSPORT, INC., 1469 W. 6720 S., WJordan, UT 84084. Representative: R. G.Simonian (same as applicant). (1)Chemical, hazardous and/or toxicwastes from plant site of National Semi-Conductor Corp. at W Jordan, UT toapproved EPA disposal sites at or nearWest Covina, CA, Beatty, NV, Arlington,or, Houston, TX, Eldarado, AR, MtHome, ID. (2) Chemicals (sulphuric acid& costic soda) &relatedproducts fromPittsburgh, CA, Denver, CO, to plant siteof National Semi-Conductor Corp at WJordan, UT for 270 days. An underlyingETA seeks 120 days authority.Supporting shipper: National Semi-Conductor Corp., 3333 W 9000 S., WJordan, UT 84084.

MC 151471 (Sub-6-13TA), filed July 23,1981. Applicant: STIlINBECKER BROS.,INC., P.O. Box 852, Greeley, CO 80032.Representative: Jack B. Wolfe, 1600Sherman # 665, Denver, CO 80203,Contract carrier, irregular. Alcoholicbeverages and related materials andsupplies, from points in KY,Lawrenceburg, IN, and Jacksonville, FLand points in their commercial zones, topoints in KS, under contract withStandard Liquor Corporation for 270days. Supporting shipper: StandardLiquor Corporation, 3629 NorthHydraulic, Wichita, KS, 67219. Anunderlying ETA seeks 120 daysauthority.

MC 151471 (Sub-6-14TA), filed July 24,1981. Applicant: STEINBECKER BROS.,INC., P.O.B. 852, Greeley, CO 80632.Representative: Jack B, Wolfe, 1600Sherman # 665, Denver, CO 80203.Contract carrier, irregular routes, Meal,meat products, meat by-products andarticles distributed by meatpackinghouses, from the facilities ofSuperior Packing Company, Inc., at ornear Ellensburg and Seattle, WA andDixon, CA to points in IN, IA, NE, IL,MN, PA, NY, NJ, MA, OH, CT, RI, MD,DE, VA, NC, SC, GA, FL, and DC, for theaccount of Superior Packing Company,Inc. for 270 days. Supporting shipper:Superior Packing Company, Inc., P,O.B.277, Ellensburg, WA 98926.

MC 147978 (Sub-6-4TA), filed July 27,1981. Applicant: SYSTEM REEFER ,

40610


SERVICE, INC., 4614 Lincoln Ave.,Cypress, CA 90630. Representative:Dixie C. Newhouse, P.O. Box 1417,Hagerstown, MD 21740. Steel and steelproducts, from Youngstown and Canton,OH, including their respectivecommercial zones, to Los AngelesCounty, CA, for 270 days. An underlyingETA seeks 120 days authority.Supporting shipper: CunnighamBuilding Specialties, 15034 East ProctorAvenue, City of Industry, CA 91744.

MC 123329 (Sub-6--14TA], filed July-27,1981. Applicant: H. M. TRIMBLE &SONS LTD., P.O.B. 3500, Calgary,Alberta, CD T2P 2P9. Representative: D.S. Vincent (same as applicant). BaggedCopper Sulphate from ports of entry onthe International Boundary between theU.S. and CD located m WA to Tigard,OR, Seattle, WA and Spokane, WA, for270 days. An underlying ETA seeks 120days authority. Supporting shipper:.Great Western Cheical Co., 808Southwest 15th, Portland, OR 97205.Agatha L Mergenovich,Secretary.IFR'Doc. 81-23188 Filed 8-7-81: 8:45 am]

BILLING CODE 7035-01-M-

[Finance Docket No. 29635]

Providence and Worcester Co. andProvidence and Worcester RailSystems, Inc.; Exemption Under 49U.S.C. 10505 From 49 U.S.C. 11343

AGENCY: Interstate CommerceCommission.ACTION: Notice of exemption.

SUMMARY: The Interstate CommerceCommission exempts the control byProvidence and Worcester Company(P&W Company) of Moshassuck ValleyRailroad Company (MV) for therequirement of prior approval under 49U.S.C. 11343.DATES: The exemption will be effectiveon the date of service.*Petitions forreconsideration of this decision must befiled within 30 days following FederalRegister publication.ADDRESSES: Send petitions forreconsideration to: (1) Section ofFinance, Room 5414, InterstateCommerce Commssion, 12th Street andConstitution Ave., NW., Washington, DC20423; and (2) Petitioners'representatives: John L. Richardson.andElizabeth A. Campbell, Suite 1100,1660L St. NW., Washington, DC20036.Pleadings should refer to FinanceDocket No. 29635.FOR FURTHER INFORMATION CONTACT.Ellen D. Hanson, (202) 275-7245.SUPPLEMENTARY INFORMATION: P&WCompany, a non-carrier holding

company, owns alL the outstanding stockof Providence and Worcester RailroadCompany (P&W Railroad). P&WRailroad owns all the outstanding stockof Warwick Railroad Company and22.8% of the outstanding stock ofVermont and Massachusetts RailroadCompany.

Providence and Worcester RailSystems, Inc. (P&W Systems) is a non-carrier, wholly-owned subsidiary ofP&W Company. P&W Systems hascontracted with MVR HoldingCorporation (MVR), a non-carrier, topurchase all the outstanding stock ofMV As consideratiorl, P&W Sytems willpay MVR $600,000 plus the amount of allindebtedness MVR owes MV(approximately $200,000).1

P&W Company and P&W Systems.have asked us to exempt thistransaction from the regulatoryrequirements of 49 U.S.C. 11343. Wehave jurisdiction over the acqusition ofcontrol of MV by P&W Companythrough P&W Systems. See 49 U.S.C.11343(a)(5).

MV operates 2.9 miles of trackbetween Pawtucket and Lincoln, RI, andhandles approximately 30 carloads aweek for 35 customers. P&W Railroadoperates approximately 166 miles oftrackage m Massachusetts, RhodeIsland, and Connecticut. MV and P&WRailroad connect at Pawtucket. After theproposed transaction is consummated,MV will be operated as part of thesystem of carriers controlled by P&WCompany. The transaction will notresult m any significant change in r~tflservice patterns. Shippers located on theMV line will continue to be served byMV and their traffic interchanged as mthe past. Petitioners believe that thetransaction will enable its systemcarriers to provide more responsiveservice.

MV has 6 employees which P&WCompany and P&W Systems intend toprotect to the maximum extent feasible.Petitioners agree to be bound by theemployee protective provisionsdeveloped in New York Dock-Control-Brooklyn Eastern Dist, 360I.C.C. 60 (1979).

By letter dated June 22,1981,petitioners request that any exemptiongranted be effective immediately toallow them to respond immediately toshippers' request for repairs andimproved service on the MV line,

Statutory ProvisionsThe acquisition of control of a carer

by a non-carer that controls one or

'The payment of this debt obligation Isessentially a "wash" transacion since ibis amountwill go to MV and In turn back to P&W Systems.

more other carriers requires ourapproval under 49 U.S.C. 11343, inaccordance with regulations at 49 CFRPart 1111 (1979).

Under 49 U.S.C. 10505, as amended bysection 213 of the Staggers Rail Act of1980 (Pub. L 96-448), we can exemptcertain rail matters as a means ofeliminating burdensome regulations ofrail carriers. That section directs'us to-exempt a transaction when we findthat(1) continued regulation is not necessaryto carry out the rail transportationpolicy in 49 U.S.C. 10101a; and (2] eitherthe transaction is of limited scope, orregulation is not necessary to protectshippers from the abuse of marketpower.

Discussion and Conclusions

We believe the proposed transactionsatisfies the criteria of 49 U.S.C. 10505.The transaction will not affect thecompetitive balance among rail carriers,and will have a de mrnimis impact oninterstate commerce. Our approval ofthe purchase is not necessary to carryout any of the 15 objectives of the RailTransportation Policy. In fact, ourexempting this transaction will facilitateat least one of the objectives of section10la: to minimize the need for theFederal regulatory control over the railtransportation system and to require fairand expeditious regulatory decisionswhen regulation is required. (49 U.S.C.10101a(2).)

The transaction is of limited scopebecause (1) it involves a very smallsegment of track within one State, (2) itwill not significantly change railoperations, and (3) iLwill have noimpact on any railroad employees,shippers, or the operations of any otherrail carrier.

Having concluded that the transactionis of limited scope, we need notdetermine whether prior approval of thetransaction is necessary to protectshippers from the abuse of marketpower.

Petitioners ask us to make theexemption effective immediately.Underour normal exemption procedures, an

- exemption would not become effectiveuntil b0 days after the decision ispublished in the Federal Register. Thisallows us to consider petitions forreconsideration of our exemptiondecision before the parties consummatethe transaction. We will provide foraless-than-30-day effective date onlywhere it is shown to be warrantedbecause of extroaordinarycircumstances. See Modification ofProcedure For Handling ExemptionFiled Under 49 U.S.C. 10505,45 FR 85180(December 24,1980). Shippers on the

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Federal Register I Vol., 46, No- 153 / Mbnday, August 1( 1981 / Notices

line have asked pelitiloner to repair thetrack and other rail'properties of MVSeveral'shippers have also complained:about the deterioration. oMV's railservice. Repairs to the MV line mustcommence immediately if they areto.becompleted'prior to the early NewEngland winter. Therefore, this decisionwill be effective when served

Labor Lyrotection,

In grantingthis 6xemption, we may'notrelleve a camerofits obligation-toprotect the interests.of its employees. 49U.S.CA0505(g)I ]). We have determinedthat the employee protective provisionsdeveloped in the New Ybrk Dbck case,supra, satisfy the statutory requirementsof 49 U.S.C. 11347 for protectiom ofemployees affected by rail transactions-for which approvalis;sought under 49U.SC. 11343 in controrproceedings.Accordingly,. these employee protectiveprovisions will be imposedherejas a.condition to exemption of thetransaction,

This decisionw.ilr not significantlyaffect energy consumption.or the-qualityof the human environment,

It is, ordered:(1)j Pursuant to,49 UIS.C.,10505 we-

exemptthe control. of MV b..P&WCompany. from 49,LS.C. 1.1343,,subjectto theremployeeprotective conditions-imposed!inYew Fork. Dock Ry-Control-Brooklyn Eastern Dist., 360;I.C.C. 60,1979)}.

(2))Withiui60 days-after the:transaction is. consummated, the-partiesshall submit, three-copies; of a- sworn'statemenLshowingoallbjournaL entries, ifany, required torecord the transaction.,

(3):The: exemption: will continue, in;effect for one yearfrom the effectivedate of this-dedisinom The-parties mustconsummate, the.transactiorrwithin thattime-imorder to-take advantago-of this.exemption;

(4) Notice:of ouraction shall begivento the general public by delivery of acopy of this decision. to the Director,Federal Register,. for publication.,

(5) This, exemptionshall be-effectiveion thedate of service.

(6) Petitionsato.reopen, thisproceedingfor reconsideration must be.filbdno,later than from13a days after thedate ofpublication: in' the FederalRegister..

Decided: July'27, 1981By the-Commission; Chairman-Taylor;

Commissioners Gresham, Clappi.0rantum.and Gilliam.Agatha L. Mergenovich,Secretary;I FA Doc. st-23iBrLE-d BLT7--.'45.aml.eILLNG CODE 7035.01-IME

DEPARTMENT OF JUS.TICE-

AntitrustDivisnory

[CiviENo. C-C-81:-328]

United'States-v. The Dickerson.Group;Inc.; Proposed Final JudgmentandCompetitive Impact Statement

N'oticeishereby.-given-pursuant to-theAntilrustProcedures-and Penaltie-.Act-15 U.S.C. 16'(b) through (h)7. thata,proposed Final-fucgmerit,.StipulationandiCompetitiva Impact Statement (CIS)have been filed with theUhited StatesDistrict Court for theWestern.DistrictofNorth: Carolina im UntedStates v. TheDickerson Group, Inc., CiivilAction:No.C-C-81-328. The, Complaint irr this- casealleged-that the:corporation: engagedinthree combination-ancconspiradies; to,rig bids on highwayconstruction.projectsh i-the State-ofNorthICarolinainviolation, ofSecffioirr 1 ofithe Sherman,Act; 15,U.S.CAI.

The-propose&,FinalJudgment would.enjoin the defendant from entering intti;or maintaimng any agreement;.understanding combination.orconspiracy, with any otherperson:tor-raise-. fikc. establishstabilize.mafifaor adhere-to~pnces discounts;or otherterm orcondition:ofsale for road-buildig-work or the sale of: asphalt.toany thikrdperson;, submitnoncompetitive, collusive ovrigged bids,or refraurfrormbidding on: road buildingworkor-the sale-of asphaltto any-,thrd.person- andlallocate ox-dvi'de.jbs, -

markets,,customers,, contracts orterritories-for roadbuildingwork-or thesale-of asphalt toany, third person.

The proposed-Finaludgment furtherwould! enjoin: the defendant from-communicatingwitlr or requestingfromiany other person-engagedin-roadbuilding work or the sale of asphaltinformatron-about any past, present,future or proposed bid, or theconsideratiomofiwhetherto!makeaany,bid,.for-road'building:work or the-sale ofasphalt to any third,person, or any past,present, future or proposedprice; 'discount or other term or condition ofsale for road building work or the sale-ofasphalt orthe considerationi of-whetherto; make,-any' change -i any- actual orproposed:pnce, discount or other term:oirconditir6nofisaleforroad building-work oirthe sale.of asphalt.

In .addition,.the-proposecLFinaLJudgment would enjoin ,the defendant

-from communicating-with orrequestfingfrom.any othervperson-engaged'.in roadbdildingworkor thesalemofdasphalt:information about sales or costs.ofroadbuilding-work-orasphalt sales;,.production, or cost. The-.defendantwould be required'to notify all

employees with bidding or estimatingresponsibility or any authority over theestablishment of prices. for road buildingwork or contracts for the sale-of asphaltof the requirements any prohibitions ofthe proposectFinal judgment,

Public comment isinvited within thestatutory 60.day comment-period. Suchcomments, and responses thereto, wiltbe published in, the Federal Register andfiled with- the-court. Comments shouldbe directed, to Anthony V.-Nann, Chief,Trial Section, Room,3266, AntitrustDivson, Department of Justice,Washmgton.D.C. 20530,(telephone: 202/633-2541J.Joseph H.Widmar,,Directorof Operations.

U.S. District'CbMurt, Western Dlstrdcrof NorthCarolina; Charlotte Divlson-

UnitediStatea ofAmenca, Plalntlff~v, TheDickerson. roup, Inc.. Defendant.

Civil Action-No. C-C-81-328.,Filed: July 28, 1981.

StipulationThe parties stipulate, and agree that:1-. The court may'file anrenter aFlihal

Judgment, in-the form.aitached-to 4hls.Stipulation, on thecourt'sown, motion or onmotion of any party at any time aftercompliance-with the requirements. of the-Antitrust-Procedures-and Penalties-Actrequirements oe the Antitrust Procedures andPenaltiesAct; 15 t.,SC. [b]- h, andwithout further notice to any party or otherproceedings- lFtlie-plaintlfF-has notwithdrawn its consent, which it may'db atany time before-entry of the proposed'rinalJudgment by serving notice ofits withdrawalon the defendantand!fillinthatnotlco withthe court'

2. If thepraintiffwithdraws-Its consent or Ifthe-proposed!Fihal Judgment- is not' enteredpursuant to.liFs-Stipulation, the-Stipulationshall'be of no effect'wliatever and'tho makingof it shall be without prejudice-to any party Inthis;orany otlerproceoding.

Dated'Forthe plaintiff. William F Baxter,

AssistantAttorney General; Joseph HWidmar, Anthony VNanni. GordonL.Lang, Laura-Metcoff Klaus, Attorneys,U.S. Department offustice

For the defendant-PautE. Fnedinani White&-Case, 1747-Pennsylvania Ave N.W.,WashingtomD.C. 20OO,,W.DuuallSpruil, Turner, PadgtCGroham-& Lanoy,FederaLLand Bank BuildIngi 1401Hampton St.,.P.O. Box-1473.Columbia,S.C.

U.S. District'Cburt, Westbrn-Dlstrlctof NorthCarolina, Charlotte Division

Unhited'Slates ofrAherica Plintiff, v. TheDickerson, Group, Inc., Defendant,

Civil Actio.Ni. C-CL81-328.Filed: July 28, 1981.

4061Z


Final JudgmentPlaintiff, United States of America, having

filed its Complaint herein on - , -1981and plaintiff sa'd defendant, by theirrespective attorneys, having consented to theentry of this Final Judgment without trial oradjudication of any issue of fact or law andwithout this Final Judgment constituting anyevidence against or an admission by anyparty with respect to any such issue:

Now, therefore, before the taking of anytestimony and without trial or adjudication ofany issue of fact or lah and-upon consent ofthe parties, it is hereby.

Ordered, adjudged and decreed as follows:

IThis court has jurisdiction of the subject

matter of tlus action and of the parties. TheComplaint states a claim upon which reliefmay be granted against the defendant underSection 1 of the Sherman Act (15 U.S.C. 1).

IAs used in this Final Judgment(A] "Person" means any natural person,

partnership, firm, corporation, associntion, orother business or legal entity,

(B) "Asphalt" means a paving materialconsisting of aggregates using asphalt cementor liquid asphalt as the cementing ugent; and

(C] "Road building work" means thebuilding, rebuilding, surfacing, resurfacing ormaintenance of public and non-public roads.bridges, ramps, grade separation structures,airport runways, taxiways, aprons, parkinglots and other paved areas, and includes allservices bid or performed in connectiontherewith, including, but not limited to,grading, paving, earth moving, landscapingand the installing or repair of culverts, and allmaterials supplied in connection therewith.

IIIThis Final Judgment applies to the

defendant and to each of its officers.-directors, agents, employees, subsidiaries,successors and assigns, and to all otherpersons in active concert or participationwith any of them who receive actual notice ofthis Final Judgment by personal service orotherwise.

IVDefendant is enjoined and restrained from

directly or indirectly entering into. adheringto, maintaining, enforcing or furthering anycontract, agreement, understanding, plan,program, combination or conspiracy with anyperson to:

(A] Raise, fix, establish, stabilize, maintain,or adhere to prices, discounts or any otherterm or condition of sale for road buildingwork or the sale of asphalt to any thirdperson;

(B) Submit noncompetitive, collusive orrigged bids. orirefrain from bidding on roadbuilding work or the sale of asphalt to anythird person; and

(C] Allocate or divide jobs, markets,customers, contracts or territories for roadbuilding work or the sale of asphalt to anythird person.

VDefendant is enjoined and restrained from

communicating with, or requesting from any

other person engaged in road building workor the sale of asphalt, informationconcerning: (A) any past, present, future orproposed bid, or the consideration of whetherto make any bid, for road building work orthe sale of asphalt to any third person: (B)any past, present, future or proposed price,discount or other term or condition of sale forroad building work or the sale of asphalt orthe consideration of whether to make anychange in any actual or proposed price,discount or other term or condition of sale forroad building work or the sale of asphalt; or(C) sales or cost or road building work orasphalt sales, production, or costs.

VIThis Final Jdgment shall not apply to: (A)

any necessary communication in connectionwith formulating or submitting with anyperson a bona fide joint bid or quotation,when the formulation or submission or suchjoint bid or quotation has been requested byor is known to the purchaser, (3) anynecessary communication n connection witha bona fide contemplated or actual purchaseor sales transaction between the parties tothe communication: and (C) anycommunication that is made to the public ortrade generally, but Is not made directly toany other person engaged In road buildingwork or the sale of asphalt.

VII(A] Defendent shall, within 60 days after

entry of this Final Judgment, furnish a copy ofit to each of its employees who has anyresponsibility for bidding or estimating roadbuilding work or contracts for the sale ofasphalt or any authority over theestablishment of prices for road buildingwork or asphalt.

(B) Defendant shall furnish a copy of thisFinal Judgment to each person who becomesan employee described In subsection (A) ofthis section, within 60 days after theemployee assumes the position that bringsthe employee within that description.

(C] Defendant shall takV additionalaffirmative steps to advise each of Itsemployees described in subsections (A) and(B] of this section of its and of theirobligations. These steps shall includedistribution to each of them, at least onceevery two years, of copies of this FinalJudgment and of a written directive about thedefendent's policy requnng compliance withthe Sherman Act and with the judgment. Thedirective shall Include an admonition thatnoncompliance will result n appropriatedisciplinary action, which may includedismissal, and advice that the defendant'slegal advisors are available to confer aboutany compliance questions. The defendantshall require that each of the employeesdescribed in subsections (A] and (3) of thissection submit to it a signed statement, whichit shall retain in its files, acknowledging eachreceipt of copies of the judgment and thedirective, acknowledging that the employeehas read them, acknowledging that theemployee has been advised and understandsthat noncompliance will result n appropriatedisciplinary action, which may includedismissal, and acknowledging that theemployee has been advised and understands

that noncompliance with the judgment mayalso result in conviction for contempt of courtand fine or imprisonment, or both.

(D] Defendant shall file with the court andserve on the plaintiff, within 90 days from thedate of entry of this Final Judgment. anaffidavit as to the fact and manner of itscompliance with subsection (A) of thissection.

VIIIDefendant shall require in conjunction with

the sale or disposition of all, or substantiallyail, of the total'assets of its road buildingwork business or asphalt business, that theacquiring party agree to be bound by theprovisions of this Final Judgment. The -acquiring party shall file with the court, andserve on the plaintiff, its consent to be boundby this Final Judgment.

IxFor the purpose of determining or securing

compliance with this Final Judgment. uponwritten request of the Attorney General orthe Assistant Attorney General in charge ofthe Antitrust Division or his or her agentmade to the defendant at its principal office,subject to any legally recognized prrvilege:-

(A) On reasonable notice to the defendantwhich may have counsel present, dulyauthorized representatives of the Departmentof Justice shall be permitted:

1. Access, during office hours of thedefendant, to Inspect and copy all books,ledgers, accounts, correspondence.memoranda and other records anddocuments in the possession or under thecontrol of the defendant relating to anymatters contained in this Final Judgment; and

2. Subject to the reasonable convenience ofthe defendant and without restraint orInterference from it. to interview officers,directors,.employees or agents of thedefendant, any of whom may have counselpresent, regarding any matters contained inthis FinalJudgment.

(B) The defendant shall submit such reportsin writing, under oath if requested. withrespect to any matters contained in the FinalJudgment as may be reasonably requested.

No Information or documents obtained bythe means provided in this Section IX shallbe divulged by any representative of theDepartment of Justice to any person otherthan a duly authorized representative of theExecutive Branch of the United States. exceptin the course of legal proceedings to whichtheUnited States is a party or for the purposeof securing compliance with this FinalJudgment or as otherwise required by law.

(C) If. at the time information or documentsare furnished by the defendant to plaintiff,the defendant represents and identifies inwriting the material in the Information ordocuments to which a claim of protectionmay be asserted under Rule 26(c](7) of theFederal Rules of Civil Procedure and thedefendant marks each pertinent page of suchmaterial, "Subject to clain of protectionunder Rule 26(c)f7) of the Federal Rules ofCivil Procedure" then the plaintiff shall giveten days notice to the defendant beforedivulging the material in any legal proceeding(other than a grand jury proceeding) to whichthe defendant is not a party.

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Federal Register / Vol.. 46, No. 153 1 Monday, August 10, 1911 / Notices

jurisdiction is retained by this- court for thepurpose of enabling any of the parties toapply to this court at any time for such-further orders and directions-as maybenecessary or appropriate for the constructionor carrying out of this Final Judgment, for themodification of any of its provisions, for theenforcement of compliance with it or for thepunishment of any violation of it.

XIThis Final Judgment shall be in effect for

the period of ten years following the date ofits entry.

Entry ofrthis.Final Judgment is in the-publicinterest.

Dated.

United States District Judge.

U.S. District Court; Western District of NorthCarolina, CharlotteDivision

UnitedStates, of Amerca,"Plaintiff. v. TaDickerson Group,, Ic., Defendant.

CiviLActionNo. C-C-81-328.

Cbmpetitve'rmpact StatementPursuant to Section 2(b) of the Antitrust

Procedures and.Penalties Act, IS US.C16(b)-(h)', the United States files this.Competitive Impact Statement relafting to theproposed'Final Judgment submittecifor entryin this civil antitrust proceeding;

I'

Nature ondPurpose of the ProceedingOn - , 1981, the UnitecdStatesfileda

civil antitrust complamtunderSectibm4 ofthe ShermanAct (1,5 U.S.C. 4):to'enjoin the:defendant from continuing orrenewingviolations of Section lof the'ShermarrAct (15U.S.C. 1].

Count One ohthe complaintalleges; thatbeginning in or about Octoberg1976,.the,defendant and-unnamed co-conspiratorsengagedin .acombination:and conspiracytorestrain interstate! commerce by submittingcollusive, noncompetitive and rigged-bids onhighway construction Project8'.1115105 letbythe State of North Carolina on November 2,1976, Count Two of the complait alleges thatbegiming in or about:Ma,1978;.thedefendant and unnamed, co-conspirators.engaged in a'conspracy to restrain interstatecommerce by submitting collusive,noncompetitiveand riggedbids:or highwayconstruction Project 6.503019 letby the State.of North Carolina:on June 27,1978& CountThree of the-complaint alleges thatbeginningin or about November 1978;.the defendantand unnamed co-conspirators engaged in, a,conspiracy to restraminterstate commercebysubmitting collusive;,noncompetitiv andrigged bids on highway construction.Project5.0411034, let by theState of NortliCarolinaon. December 19; 1978.,The complaint seeksfajudgment by the courtthat the defendantengaged in the combinations-and: -conspiracies mrestraihtot trade u-tviolitionmof Section I ofi the.Sherman Actas:alleged~inCounts, One,,Two andiThree of the complaintand an order to enjoi the defendant from'continuing or resummgany, conspiracy'or -

other combination having similarpurposes oreffects.

This proceeding arose as a result of grandjury investigations into the bid-riggingactivities of the defendant and others inNorth Carolina and. South Carolina. OnDecember 3,1980, The Dickerson Group, Inc.was charged in a three-count information inthe Western District of North Carolina with'conspiring witr others to submit collusive,noncompetitive- and rigged' bids on the threeprojectawhich are the subject of thecomplaint United States . The DickersonGroup, Inc., G-CR-80-116.On.November 25,1980, the company alsowas charged in a one-count information in the district of SouthCarolina with conspiring with others tosubmit collusive, noncompetitive and riggedbids on one highway construction project.United States .The Dickerson Group, Anc.,80-262. Pursuant to'plea agreements, the-defendant pleaded*guilty to both informationsand was fined $700,000 in North:Carolina'and$150,000 in South Carolina,

H

The Terms of tiieAleged'ConspirociesDuring the period oftimecovered by the,

complaint, the defendant engaged in. thebusiness ofhighway constructionn the Stateof North Carolina, as well. as other states.

The complaint alleges that for each of thethree projects, the defendant and unnamedco-conspirators. conspired to restrain'interstate commerce in violatir of Seotioirlof theSherman Act, by submitting collusive,noncompetitive and rigged bids on highwayprojects that were part of the Federal-Aidhighway system in the State of NorthCarolina. To effectuate the conspiracies, thecomplaint alleges that the defendant andunnamed co-conspirators discussed thesubmission.of prospective bids, agreed thedefendant wouldbe the low bidder on theproijcts,,and submitted intentionally high orcomplementary- bids, or withheld bids on theprojectsrThe complaint further alleges thatthe conspiracies had the effect.of establishingthe prices of the three projects. at artificialand noncompetitive-levels and of denying theState of North Carolina and the United Statesthe benefits of free'and open competition,

III

Explanatioir of the Proposed'FinaludgmeanThe parties.havetstipulated that the

proposed Final judgment may be enterecrbythe'court at any time after compliancewiththe Antitrust Proced'ures'ancPenalties.Act15 US.C. 16(b'-(h)]. The proposed FinalJudgment between the parties:provides thatthe entry of the Final-Judgment is not anadmission' by any party- witlr respect to anyissue offact'or law. Undertie-provisions ofSection.2[e) of the-Antitrust Procedures andPenaltibs Acf. theproposed Final:Judgmentmaynot be entered unless the courtdeterminesthiat entry'is in thepublicinteresti

The proposed Final Judgment enjoins- the'defendant from entering into, adhering to,.maintaining, enforcing.or furtherfng, directlyor indirectly, any contract agreement,understanding, plan., program, combination-orconspiracy-with.any personito: (a)'rafse, fix,establish, maintain, stabilize-or adhierefto,

prices, discounts or any other term orcondition of sale forroad building work orthe sale of asphalt to. any third person; (b)submit noncompetitive, collusive or riggedbids or refrain from bidding on any contractfor the sale of asphalt or road building workto any third person; and (c) allocate or dividejobs, markets, customers, territories orcontracts for the sale of asphalt or roadbuilding-work to any third person,

The proposed-Final Judgment also enjoinsthe defendant from communicating.with orrequesting from any other person engaged Inroad building work or tho sal of asphaltinformation concerning: (a] any past, present,future or proposed bid, or the consideration,of whether to make any bidefor the sale ofasphalt or road building work to any thirdperson (b]:any past, present,. future orproposed price. discount or other term orcondition: of sale for road building work orthe sale of asphalt or the consideration ofwhether to make any change in any actual orproposed price;,,discount orother term orcondition of sale for road building work orthesale of asphalt; or [a) sales, or costs orroad building work or asphalt sales,production, orcosts. These! restrictions oncommunicatiozrdo not apply to: (a) any,necessary communication in connection withformulating or submitting with any person aboncfide joint bid or quotation that has beenrequested byoris known tothe purchaser(b) any necessary communication IncbbnecIfon with, a bonaf ide contemplated oractual purchase or sales transaction betweenthe parties to the communication; and (a) tinycommunciation that is made to the public ortrade generally but not made directly to anyotherperson' engaged in road building workor the sale of asphalt.

The proposed Final Judgment requires thdefendant to provide a copy of the FinalJudgment to each of its employees who hasany responsibility for bidding or estimatingroad-building work or contracts for the saleof asphalt or authority over the establishmentof prices for road building work or asphaltwithin 60 days after the judgment is entered,The defendant must also furnish a copy of theFinal Judgment to each person who becomesan employee with the responsibilitiesdescribed above within, 0 days after theemployee assumes the described position. Inaddition, the defendant Is required todistribute at least once every two years, acopy of the Final Judgment and a writtenrdirective about the defendant's compliancepolicy to each of the described. employees,Thedirective-must include a warning thatnoncompliancewiltresult in disciplinaryaction, which may include dismissal, andadvice that the defendant's legal advisors areavailable to'confer on compliance questions,Uponreceipt-of the judgment and directive,the'employee must'submit a signed statementto his or her employer acknowledging that iheemployee has read the judgment and,directive, has been advised and understandsthatnoncompliance with the judgment may'result in disciplinary action, which may,include dismissal, and has been advised andunderstands that noncompliance may alsoresult in conviction' for contempt of court andfine or imprisonment orboth.,

40614

Federal Regster / Vol. 46, No. 153 / Monday, August 10, 1981 / Notices

The proposed Final Judgment also providesthat the defendant require, as a condition ofthe sale or other disposition of all, orsubstantially all, of the total assets of its roadbuilding work business or asphalt businessthat the acquiring party agree to be bound bythe provisions of the Final Judgment. Theacquiring party must file with the court, andserve on the United States, its consent to bebound by the judgment.

The Department of Justice is given accessunder the-proposed Final Judgment to thefiles andrecords of the defendant, subject toreasonable notice requirements, in order toexamine such records to determine or securecompliance with the Final judgment. TheDepartment is also granted access tointerview officers, directors, agents oremployees of the defendant to determinewhetherthe defendant and itsrepresentatives are complying with the FinalJudgment. Finally, the defendant, upon thewritten request of the Department of Justice,shall submit reports in writing, under oath ifrequested, with respect to any of the matterscontamed.m the Final Judgment.

The Final Judgment isto be in effect for tenyears from its date of entry.

IVRemedies A vailableto Private Litigants

Section 4 of the Clayton Act (15 U.S.C. 15]provides thatany person who has beenmijured as a result of conductprohibited bythe antitrust laws may bring suit in federalcourt to recover three times the damages suchperson has suffered, as well as costs andreasonable attorney's fees The entry of theproposed Final-Judgment will neither impairnor assist any person bringing or prosecutingany treble damage antitrust clauntansing outof the combinations and conspiracies chargedin the complaint. Under Section-5(a) of theClayton Act, 15 U.S.C. 16(a), this FinalJudgment may-not be used as prinmafacieevidence irr legal proceedings against thedefendant.

V

Procedures Available for Modification of theProposed Final Judgment

As providedby the Antitrust Proceduresand Penalties Act, any person helieving thatthe proposed Final Judgment should bemodified may submitwritten comments toAnthony V. Nanni, Chief, Trial Section.Department of Justice. Antitrust Division,10th and Constitution Avenue, N.W..Washington, D.C. 20530, within the 60-dayperiod provided by theAct. These comments,and the Department's responses, will be riledwith the court and published in the FederalRegister. All comments will be given dueconsideration by the Department of-Justice,which remains free to withdraw its consentto the proposed Final]fudgment at any timebefore its entry if it should determine thatsome modification is appropriate andnecessary to the public interest. Theproposed Final Judgment provides that thecourt retains jurisdiction over this action, andthe parties may-apply to the court for suchorders as may be necessary or appropriatefor its modification or enfotcement.

VI

Alternatives to the Proposed Final fudgmentThe proposed Final Judgment will dispose

of the United Statei' claim for injunctiverelief against the defendant. The onlyalternative available to the Department ofJustice is a trial of this case on the merits.Such a tiral would require a substantialexpenditure of public funds and judicial time.Since the relief obtained in the proposedFinal Judgment is substantially similar to therelief the Department of Justice would expectto obtain after winning a trial on the merits.the United States believes that entry of theproposed'Final Judgment Is in the publicinterest.

VII

Determinative Materials andDocumentsNo materials and documents of the type

described in Section 2(b) of the AntitrustProcedures and Penalties Act. 15 U.S.C. 16(b).were considered in formulating the proposedFinal Judgment.

Respectfully'submitted.Gordon L Lang. Laura Metcoff Klaus.

Attorneys, United States Department ofJustice, Antiturst Divsion, Room 3248. 101h& Constitution Ave., N. I., Washington.D.C. 20530, (202) 633-2485.Dated:

iFR Doc. 81-Zii7Z Fied 8-7-81: &45 amaILMNG CODE 441,.1-M

NATIONAL SCIENCE FOUNDATION

Subcommittee for Ocean SciencesResearch Advisory Commlttee forOcean Sciences; Meeting

In accordance with the FederalAdvisory Committee Act, as amended,Pub. L. 92-463, the National ScienceFoundation announces the followingmeeting:

Niime: Subcommittee for Ocean SciencesResearch

Date and time: August 28 and 27 ,1981 9:00a.m. to 6:00 p.m. each day

Place: Rooms 338, 536, 028, and 642, NationalScience Foundation. 1800 G Street, N.W..Washington. D.C.

Type of Meeting: ClosedContact person: Dr. Robert E. Wall, Head,

Oceanography Section; Room 011. NationalScience Foundation, Washington, D.C.20550, Telephone (202) 357-7924

Purpose of meeting- To provide advice andrecommendations concerning supportforresearch in Oceanography

Agenda: To review and evaluate researchproposals as part of the selection processfor awards

Reason for closing: The proposals beingreviewed include information of aproprietary-or confidential nature,including technical information; financial-data, such as salaries, and personalinformation concerning individualsassociated with the proposals. These

matters are within exemptions (4) and (6)of 5 .LS.C. 552b(c). Government in theSunshine Act.

Authority to close meeting* Thisdetermination was made by the CommitteeManagement Officer pursuant to provisionsof Section 10(d) of Pub. L 92-463. TheCommittee Management Officer wasdelegated the authority to make suchdetermination by the Director. NSF. on July6,1979.

N1. Rebecca Winkler,Committee Management Coordinator.August 5, 1981.[FR iotM-nFw'i d8-7-M:a48 awlBILLING CODE 7550-01-U

NUCLEAR REGULATORYCOMMISSION

Advisory Committee on ReactorSafeguards; Subcommittee onEmergency Core Cooling Systems;Meeting

The ACRS Subcommittee onEmergency Core Cooling Systems willhold a meeting on August 28,1981. at theMonterey Convention Center, Number 1Portola Plaza, Monterey, CA. TheSubcommnittee will discuss GeneralElectnc's proposed revisions toAppendix K of 10 CFR 50.46, reviewother apsects of the ECCS EvaluationModels, and discuss various topicsrelated to NRR ECCS licensing matters.Notice of this meeting waspublishedJuly 21.

In accordance with the proceduresoutlined in the Federal Register onOctober 7,1980, (45 FR 6653,5),oral orwritten statements may be presented bymembers of the public, recordings willbe permitted only during those portionsof the meeting when a transcript is beingkept, and questions may be asked onlyby members of the Subcommittee, itsconsultants, and Staff. Persons desiringto make oral statements should notifythe Designated Federal Employee as farin advance as practicable so that.appropriate arrangiments can be madeto allow the necessary time during themeeting for such statements.

The entire meeting will be open topublic attendance exceptfor thosesessions during which the Subcommitteefinds it necessary to discuss proprietaryinformation. One or more closedsessions may be necessary to discuss-such information. (Sunshine ActExemption 4]. To the extent practicable,these closed sessions will be held so asto minimize inconvenience to membersof the public in attendance.

The agenda for subjectmeeting shallbe as follows:

40515


Friday, August 28, 1981--30 a.m. until theconclusion of business. During the initialportion of the meeting, the Subcommittee.along with any of its consultants who may bepresent, will exchange preliminary viewsregarding matters to be considered during thebalance of the meeting.

The Subcommittee will then hearpresentations by and hold discussions withrepresenthtives of General Electric, the NRCStaff, their consultants, and other interestedpersons regarding the topics to be discussed.

Further information regarding topicsto be discussed, whether the meetinghas been cancelled or rescheduled, theChairman's ruling on requests for theopportunity to present oral statementsand the time allotted therefor can beobtained by a prepaid telephone call tothe cognizant Designated FederalEmployee, Mr. Paul Boehnert (telephone202/634-3267) between 8:15 a.m. and 5:00p.m., EDT.

I have determined, in accordance withSubsection 10(d) of the FederalAdvisory Committee Act, that it may benecessary to close portions of this,meeting to public attendance to protectproprietary information. The authority'for such closure is Exemption (4) to theSunshine Act, 5 U.S.C. 552b(c)(4).

Dated" August 5,1981John C. Hoyle,Advisory Committee Management Officer.JFR Doc. 81-23210 Filed 8-7-81; 8:45 am]


[Docket No. 50-261]

Carolina Power and Light Co.;Issuance of Amendment to FacilityOperating License

The U.S. Nuclear RegulatoryCommission (the Commission) hasissued Amendment No. 58 to FacilityOperating License No. DPR-23 issued toCarolina Power and Light Company (thelicensee), which revised TechnicalSpecifications for operation of the H. B.Robinson Steam Electric Plant, Unit No.2, (the facility) located in DarlingtonCounty, South Carolina. The amendmentis effective as of the date of issuanceand is to be fully implemented within 60days of Commission approval inaccordance with the provisions of 10CFR 73.55(b)(4).

The amendment adds licenseconditions to include the Commission-approved Security Training andQualifications Plan as part of thelicense.

The licensee's filing, which has beenhandled by the Commission as anapplication, complies with the standardsand requirements of the Atomic EnergyAct of 1954, as amended (the Act), andthe Commission's rules and regulations.

The Commission has made appropriatefindings as required by the Act and theCommission's rules and regulations in 10CFR Chapter I, which are set forth in thelicense amendment. Prior public noticeof this amendment was not requiredsince the amendment does not involve asignificant hazards consideration.

The Commission has determined thatthe issuance of this amendment will notresult in any significant environmentalimpact and that pursuant to 10 CFR51.5(d)(4) an environmental impactstatement, or negative declaration andenvironmental impact appraisal neednot be prepared in connection withissuance of this amendment.

F6r further details with respect to thisaction, see (1) the application foramendment dated August 17, 1979, assupplemented May 19, 1981, (2)Amendment No. 58 to License No. DPR-23, and (3) the Commission's relatedletter dated August 3, 1981. All of theseitems are available for public inspectionat the Commission's Public DocumentRoom, 1717 H Street, N.W;, Washington,D.C. and at the Hartsville MemorialLibrary, Home and Fifth Avenues,Hartsville, South Carolina 29550. A copyof items (2) and (3) may be obtainedupon request addressed to the U.S.Nuclear Regulatory Commission,Washington, D.C. 20555, Attention:Director, Dimion of Licensing.

Dated at Bethesda, Maryland, this 3rd dayof August, 1981.

For the Nuclear Regulatory Commission.Steven A. Varga,Chief, Operating'Reactors Branch No. 1,Division of Licensing.[FR Dec. 81-23211 Filed 8-7-81: 845 am]

BILLING CODE 7590--1-M

[Docket No. 50-373]

Commonwealth Edison Co., LaSalleCounty Station, Unit No. 1; OrderExtending Construction CompletionDate

Commonwealth Edison Company isthe holder of Provisional ConstructionPermit No. CPPR-99, issued by theAtomic Energy Commission! onSeptember 10, 1973 for construction ofLa Salle County Station Unit No. 1. Theplant.is presently under construction ata site located in the agricultural area ofBrookfield Township, La Salle County,approximately five miles south-southwest of Seneca, Illinois.

I Effective January 19. 1975, the regulatoryfunctions of the Atomic Energy Commission wereassumed by the Nuclear Regulatory Commissionand permits in effect on that day were continuedunder the authority of the Nuclear RegulatoryCommission.

On May 20, 1981, the applicantrequested an extension of the latestcompletion date because constructionhas been delayed by the followingevents:

1. Design verification of pipingsupports as required by NRC Office ofInspection and Enforcement Bulletin 79-14 entitled, "Seismic Analyses for As'Build Safety-Related Piping Systems.

2. Accommodation of additional NRCcriteria related to preoperational testingin numerous areas including vibrationmonitoring, leak rate testing andelectrical system load verification,

3. Potential construction scheduledelays resulting from unforeseenequipment delivery difficulties whichcould affect critical path preoperatonaltesting.

4. Uncertainty attributable to potentialexpansion of NRC requirements beyondthat presentlyidentified in the La SalleCounty Station Safety EvaluationReport, NUREG-0519 dated March 1981,Augmentation of regulatory guidance Inmany areas could potentially affectconstruction completion. This Issubstantiated by recent experience onoperating licenses issued since March1978 where acknowledged delays worereported by the NRC on licenseapplications.

This action involves no significanthazards consideration; good cause hasbeen shown for the delays; and therequested extenslon is for a reasonableperiod.

The Commission has determined thatthis action will not result in anysignificant environmental Impact and,pursuant to 10 CFR 51.5(d)(4), anenvironmental impact statement, ornegative declaration and environmentalimpact appraisal, need not be preparedin connection with this action.

The NRC staff evaluation of therequest for extension of the constructionpermit is available for public Inspectionat the Commission's Public DocumentRoom, 1717 H Street, N.W., Washington,D.C. 20555, and at the Public Library ofIllinois Valley Community College,Rural Route No. 1, Oglesby, Illinois.

It is hereby ordered that the latestcompletion date for Construction PermitNo. CPPR-99 is extended from June 30,1981 to April 30, 1982.

Date of Issuance: August 3. 1981.For the Nuclear Regulatory Commission,

Darrell G. Eisenhut,Director, Division of Licensing, Office ofNuclearReactorRegulation.IFR Doe. 81-23212 Filed 8-7-81:8:45 amlBILLING CODE 7590-O1-M

40616I

Federal Register I Vol. 46, No. 153 1 Monday. August 10. 1981 / Notices

OFFICE OF MANAGEMENT ANDBUDGET

Agency Forms Under Review

August 5,1981.

Background:

When executive. departments andagencies propose public use, forms,reporting, orrecordkeepmgrequirements, the Office of Managementand Budget (OMB) reviews and acts onthose requirements under the-PaperworkReduction-Act (44-U.S.C., Chapter 35).Departments and agdnciesuse anumberOf techniques including-public hearings-to consult with thepublic on significantreporting reqjirementsbefore seekingOMB approval. OMBmtcarrying outitsresponsibility under the Act alsoconsiders comments on- the forms.andrecordkeeping requirements thatwillaffect the public.

List of Forms Under Review

Every Monday and Thursday OMBpublishes a lisLof the agency formsreceived for review since the last listwas published. Thelisthas all theentries for one agency together and.grouped. into new forms, revisions,extensions (burdfen change), extensions(no change), or remstatements.Theagency clearance offfcer can tell you. thenature of any particular revision, you areinterested in. Each entry contains the.following informatiomThe name and telephone number of the

agency clearance officer (from whoma copy of the form, and supportingdocuments is available;

The office ofthe agency-issuing thisform;

The title of the form;The agency-form number, if'applicable;How offen the-form" must-be filled out;Who will be required or asked to report;The StandarcIIndustral, Classification

(SIC) codes, referrigtospecificrespondentgroups that are affected;

Whether-small businesses ororganizations are affected;

A descriptionof the Federal budgetfunctional category that covers theinformation collection;

An estimate of the-number ofresponses;Ar estimafe ofthe total number ofhours

needed to fill out the formrrAn estimate of the cost to the Federal

Government;An estimate-ofthe cosf to thepublic;The number of formns in therequest for

approval;An indication.of'whether Section 3504(h)

of Pub. L. 96-51"1 applies;,The name and teldphonenumber of the

person-or office responsibl,for OMBreview; and

An abstract describing the need for anduses- of the-information collection.Reporting or recordkeeping

requirements that appear to raise nosignificant issues are approvedpromptly. Our usual practice is not totake any action on proposed reportingrequirements until at least ten workingdays after notice in the Federal Register,but occasionally the public interestrequires more rapid action.

Commeits and QuestionsCopies of the proposed forms and

supporting documents may be obtainedfrom the agency clearance officerwhosename and telephone number appearunder the agency name. The agencyclearance officer will send you a copy ofthe proposed form; the request forclearance (SF83),-supporting statement,instructions, transmittal letters, andother documents that are submitted toOMB for review. If you experiencedifficulty in obtaining the informationyou needm reasonable time, pleaseadvise the OMB reviewer to whom thereport isassigned. Comments and.questions about the items on this listshould be directed to the OMB revieweror office listed at the end of each entry.

If you- anticipate commenting on aform but find thatlime to prepare willprevent you from submitting commentspromptly, you should advise thereviewer of your intent as early aspossible.

The timigand format of this noticehave been changed to make the.publication of the notice predictable andto give a clearer explanation of thisprocess to the public. If you havecommentand suggestions for furtherimprovements to this notice, please sendthem to.Jrif]. Tozzi, DeputyAdministor, Office of Information andRegulatoryAffairs, Office ofManagerdnt andBudget. 726 JacksonPlace, Northwest. Washrington,.C.20503.

DEPARTMENT OF AGRICULTURE

Agency Clearance Officer-Richard J.Schrimper--20Z-447-6201

Newe Economics afid Statistics ServiceDistributional Effects of Rural Economic

DevelopmentNonrecurringIndividuals or households/State or local

governments/businesses or other inhsehlds., estab., and Govt. agen. insamplearea

SIC: MultipleSmall businesses or organizationsAgricultural research and services:!2,168

responses; 1,874 hours; $604,000

Federal cost; 2 forms; $29,994 publiccost; not applicable under 3504[hJ

Off. of Federal Statistical Policy andStandards, 202-673-7974Provides data for a study of effects

economic development has had-on a 10county area in Georgia. Study willprovide infornation on how individuals,households and employers influence thedistributive impact of growth in a ruralarea.Federal and'State agencies willuse data for economic policy planning.* Farmers Home Administration7 CFR182Z, Section.50ZRuralHousing

Loan Policies, Procedures, andAuthorizations (FMHAInstruction444.1

On occasionBusinesses or other institutionsBanks, savings and loans, and mortgage

institutionsSIC: 602, 611, 612, 616Small businesses or organizationsMortgage credit and thrift insurance: 500

responses; 375 hours; $9,600.Federalcost; I form; $1,875 public cost notapplicable under 3504(h)

Charles A. Ellett. 202-395-7340Title V of the HousmgActof 1949, as

amended, authorizes ruralhousingloansto low- and moderate-incomeapplicants. Information collected is usedto process applicants request forrefinancing.* Food andNutrition ServiceFood Stamp Monthly-Reporting/

Retrospectiv-AccountingDemonstration.ProjectMonthlyIndividuals or households/State orlocal

governmentsIll., Dept. of Pub. Air AFD~hsehlds.

appl. or cert., etc.SIC: 832, 881, 943Food and nutrition assistance: 192.000

responses; 30,285hours; $1,300,000Federal cost; I form; $65,593 publiccost; not applicable under 3504(h)

Charles A. Ellett, 202-395-7340This submission requests clearance of

reporting requirements in the MR/RAdemonstration project-specifically, useof monthly status reports [by whichcertain food stamp households willreport their circumstances-monthly],benefit explanation sheets (to explain.each month's benefit calculations tothese householdsy- supplemental benefitrequestforms, and State agency noticesconcerning supplemental benefitrequests.

Revisionse Agricultural'Cooperatives ServicePhase Hr-Performance ofCooperative

and Propnethry Firms

i40M17


NonrecurringBusinesses or other institutionsAgricultural credit institutionsSIC: 602 603 613Small businesses or organizationsAgricultural research and services: 119

responses; 119 hours; $20,825 Federalcost; 1 form; $2,500 public cost; notapplicable under 3504(h),

Charles A. Ellett, 202-395-7340Comparative performance of

cooperative and proprietary firms isneeded to evaluate the impact of publicpolicies designed to promotecooperatives. ACS, USDA will use theinformation in program planning and.evaluation, in analyzing proposedchanges in regulation and legislation,and in technical assistance studies.e Economics and Statistics ServiceFarm Real Estate TaxesAnnuallyState or local governments, businesses,

or other institutionsSelected tax experts and local tax

officialsSIC: 931Agricultural research and services: 3,234

responses; 1,193 hours; $20,000 Federalcost; I form; $19,088 public cost; notapplicable under 3504(h)

Off. of Federal Statistical Policy andStandard, 202-673-7974Obtains data on taxes levied on

representative size and types of farms incounty. Data used to calculate anaverage tax per acre, total taxes levied,tax per real estate value and-taxes as apercentage of personal income.Estimates used by agency in index ofprices paid by farmers, parity prices foragricultural products and otherstatistical series. ,

DEPARTMENT OF DEFENSE

Agency Clearance Officer-John V.Wenderoth-703-697-1195

Extensions (Burden Change)

Department of the ArmyPerformance Monitoring System (PMS)

Waterway Traffic ReportENG 3102 C & ENG 3102 DOther-See SF83Businesses or other institutionsAll oper. or comm. vessels using Corps

owned and maintained locksSIC: 444 445 446"091Water resources: 1,100,000 responses;

91,360 hours; $500,000 Federal cost; 2forms; not applicable under 3504(h)

Andy Uscher, 202-395-4814Title 33, Code of-Federal Regulations,

part 207, (26 Stat 766) requires thatstatistics be gathered from users ofnavigable waters. Statistics gathered

relate to vessels, passengers, freight andtonnage. The data are used to conductsystem-wide planning and managementof navigable waterways.

DEPARTMENT OF EDUCATION

Agency Clearance Officer-WallaceMcPherson-202-426-5030

New -9 Office of Postsecondary EducationPerformance and Financial Status

Reports for the StrengtheningDeveloping, Institutions Program

ED 1049-2,Annually'Businesses or other institutionsInstitutions of higher educationSIC: 822 829Higher education: 500 responses; 4,500

hours; $50,000 Federal cost; Z forms;$42,000 public cost; not applicableunder 3504(h)

Federal Education Data AcquisitionCouncil, 202-426-5030The reports are needed to fill the

requirements of section 304(c)(1) of P.L.92-318 and the technical and financialreporting. The division will use theinformation to determine that adequateprogress is being made towardachieving the goals of the grants, tomonitor the rate of granteeexpenditures, and to identify potentialbudgetary problems.

DEPARTMENT OF ENERGY

Agency Clearance Officer-JohnGross-202-633-9770

New* Departmental andOthersDirect Loan Application fQr Bid or

Proposal Preparation by MinorityBusiness Enterprises

MI-754On occasionBusinesses or other institutionsMinority business enterprisesSIC: MultipleSmall businesses or organizationsEnergy information, policy, and

regulation: 25 responses; 8,400 hours;$55,975 Federal cost; 1 form; notapplicable under 3504(h)

Jefferson B. Hill, 202-395-7340Data are required in order for DOE to

make reasoned decisions concerningloan requests under this program.

DEPARTMENT OF HEALTH AND HUMANSERVICES

Agency Clearance Officer-JosephStenad-202-245-7488

New* Social Security:Adminstration

CHEP-Cuban/Haitian EntrantUnaccompanied Minor PlacementReport

OS-3-81On occasion, semiannuallyState of' local governmentsState child welfare agenciesSIC: 944Public assistance and other Income

supplements: 4,174 responses: 004hours; $15,000 Federal cost; I form;$9,040 public cost; not applicableunder 3504(h)

Barbara F. Young, 202-395-6880As required in title IV of the

Immigration and Nationality Act, thedirector of ORR must prepare andmaintain a list of all unaccompaniedchildren, including the name and lastknown residence of their parents, andeach child's locatin, status, andprogress. Information will be retrievedby the name of the child.

RevisionsAlcohol, Drug Abuse, and MentalHealth Administration

Survey of Facilities and Progi'ams forMentally Disordered Offenders

NonrecurringState or local governmenis/businesses

or other institutionsState and local public mental health and

correctional offices.SIC: 922, 943Health: 296 responses; 511 hours;

$146,740 Federal cost; I form: $5,110public cost; not applicable under3504(h)

Gwendolyn Pla, 202-395-6880The survey will update, and assess

changes in, the characteristics offacilities/programs for mentallydisordered offenders, ascertain whatimpact case-law and statutory changeshave had on facilities/programs, andwhat major problems/needs havethereby developed, and ascertainsuccessful approaches or Innovationsfor addressing those problems orchanges.

Extensions (Burden Change)Alcohol, Drug Abuse, and MentalHealth Administrationv"

Project DAWN (Drug Abuse WarningNetwork)

M6nthlyBusinesses or other institutionsHospital emergencyrooms and medical

examiners/coronersSIC: 806Federal law enforcement activities:

126,144 responses; 21,534 hours;$2,166,652 Federal cost; 2 forms-$215,340 public cost; not applicableunder 3504(h)

m J40618


Gwendolyn Pia, 202-395-6880DAWN is an epidemiblogic system to

identify licit and illicit drugs andsubstances associated with drug abusemorbidity and mortality, to monitor drugabuse trends and patterns and toprovide drug specific data useful fornational and local drug abuse policyplanning and for assessment of publichealth hazards associated with drugabuse.


Agency Clearance Officer-Vivian A.Keado-202-343-6191

New

e National Park ServiceNational Register of Historic Places

Inventory-NominationForm, 36 CFR 60 National Register of

Historic PlacesFHR--8-300Other-See SF83Individuals or householdsOwners of elig. historic prop. and State

histories pres., etc.Recreational resources: 3,021-responses;

12,084 hours; $192,781 Federal cost;, 1form;mot applicable under 3504(h)

Robert Shelton, 202-395-7340This information is collected in the

process of nominating properties to theNational Register in accordance withthe National Historic Preservation Actand is the minimum informationnecessary to conform to therequirements of the acL Thes'eemergency regulations are necessary torespond to the 1980 amendments to theact which require major changes in thenominating process.

DEPARTMENT OF JUSTICE

Agen~y Clearance Officer-Larry E.Miesse-202-633-4312

New* Immigration and Naturalization

Service'Adjustment-of-Status Data1-643NonrecurringIndividuals or householdsRefugees at the time of appl. for adjust.

of their innig.Federal law enforcement activities:

150,000 responses; 29,722 hours;$49,000 Federal cost; 1 form; $297,220public cost; not applicable under3504(h)

Andy Uscher, 202-395-4814Information collection as required by

section.412(a)(8) of the Immigration andNationality Actadded by. the RefugeeAct of.1980, on the situation of refugeesat the time they become permanent-.

resident aliens. Prunary purpose is foruse in ORR's report to Congress, as

,required by law.* Immigration and Naturalization

ServiceSupplemental Qualifications Statement

Immigration Inspector, GS-5G-777On occasionIndividuals or householdsNonstatus candidates for entry level

inspector positionsFederal law enforcement activites: 4,000

responses; 4,000 hours, $113,500Federal cost; 1 form; $40,000 publiccost; not applicable under 3504(H)

Andy Uscher, 202-395-4814Office of personnel management has

requested INS to conduct thecompetitive examinations for GS-5immigration inspectors positions.Nonstatus candidates for these positionswill be required to take this exam in lieuof the PACE exam.

Extensions (Burden Change)* Drug Enforcement AdministrationApplication for Registration, Renewal

(Type A), andDelinquency (Type A)DEA-224, 224A, 224BOn occasionIndividuals or households/businesses or

other institutionsRegistrants under the Controlled

Substances ActSIC: 801Federal law enforcement activities:

624,000 responses; 208,000 hours;$2,261,000 Federal cost; 3 forms; notapplicable under 3504(H)

Andy Uscher, 202-395-4814Section 1301.32, CFR 21, Requires that

persons who are to conductinstructional activities with controlledsubstances listed in schedules I throughV. apply for registration on DEA form224. The information is used by the DrugEnforcement Administration for issuingregistrations and exercising control overdisposing of controlled substances.* Drug Enforcement AdministrationApplication for Registration and

Renewal (Type B)DEA-225, DEA-225AOn occasionBusinesses or other institutionsRegistrants under the Controlled

Substances ActSIC: 801Small Businesses or OrganizationsFederal law enforcement activities: 8,400

responses; 4,200 hours: $95,200 Federalcost; 2 forms; $42,000 public cost; notapplicable under 3504(H)

Andy Uscher, 202-395-4814Section 1301.32, CFR 21, r6quires

individuals who-manufacture, distribute

or dispense controlled substances listedin schedules II through V, to apply forregistration on DEA form 225 or 225A.The information is used by the DrugEnforcement Adminstration for leasingregistrations and exercising control overthe manufacture distribution anddispensing of controlled substahces.* Drug Enforcement AdministrationApplication for Registration-Narcotic

Treatment ProgramDEA-363 DEA-363AOn occasionBusinesses or other institutionsRegistrants under Narcotic Treatment

ActSIC: 801Small Businesses or organizations: 850

responses; 340 hours; $23,800 FederalCost; 2 forms; $3,400 public cost; notapplicable under 3504(H)

Andy Uscher,Section 1301.32 CFR 21, requires that

persops who are fo conduct a narcotictreatment program, apply forregistration on DEA form 363. Theinformation is used by the drugenforcement adminstration for issuingregistrations and exercising control overthe dispensing of controlled substancesto individuals for maintenance anddetoxification treatment.e Drug Enforcement AdministratioinApplication for Permit to Import

Controlled Substances for Domesticand/or Scientific Purposes

DEA-357On occasionBusiness or other institutionsLarge pharmaceutical firmsSIC: 801Small Businesses or organizationsFederal law enforcement activites: 220

responses; 55 hours; $10,142 Federalcost; 1 form $550 public cost; notapplicable under 3504(H)

Andy Uscher, 202-395-4814Section 1312.12, CFR 21. requires

individuals to apply on DEA form 357(formerly DEA form 85) for a permit to.import controlled substances. Theinformation is used by the DrugEnforcement Administration for leasingimport permits and exercising controlover the importation of controlledsubstances.e Drug Enforcement AdmnistrationNotification of Suspension or

Revocation of License of aPractitioner

DEA-276On occasionState or local governmentsState regulatory agenciesSIC: 801Small Businesses or organizations

m40619


Federal law enforcement activities: 4,000responses; 680 hours; $18,460 Federalcost; 1 form; $6,800 public cost; notapplicable under 3504(H)

Andy Uscher, 202-395--4814PursIuant to section 304(A), Pub. L. 91-

513, the Attorney General may revoke orsuspend a registration upon finding thata registrant's State license orregistration was suspended or revokedby a State authority. The information isused by the Drug EnforcementAdministration to preclude issuing aregistration certificate to registrantswho have had. their State license tomanufacture, distribute or dispensecontrolled substances suspended orrevoked.

DEPARTMENT OF TRANSPORTATION,

Agency Clearance Officer-JohnWindsor-202-426-1887

NewNational Highway Traffic SafetyAdministration

Study to assess the child safety seafprogram child restraint questionnaire

NonrecurringIndividuals or householdsA samp. of league gen. auto insur.

policyhld ch. ages 0-4Ground transportation: 800 responses;

400 hours; $52,000 Federal cost; 1 form:not applicable under 3504(h)

Donald Arbuckle, 202-395-7340League general insurance company

has initated a program of freedistribution of child safety seats to itspolicyholders in Michigan. Over 6,000seats have been distributed to date. Thisinformation collection is necessary todetermine whether the -program hasresulted in greater seat usage, reductionin injuries, and reduced morbidity.* National Highway Traffic Safety

AdministrationBaseline data formanagement of DOT

safety belt programNonrecurringIndividuals or householdsIndividual adults (18 years old & older)Ground transportation: 1,200 responses;*

400 hours; $24,900 Federal cost; 1 form;not applicable under 3504(h)

Donald Arbuckle, 202-395-7340Collection of data regarding

knowledge of safety belts. Will.be' usedto plan, develop, and manage thedepartment's forthcoming seatbeltusage campaign. Will provide baselinedata for future evaluation of thecampaign.* Urban Mass Transportation

AdministrationProperty records/annual certification of

use of project facilities

AnnuallyState or local governmentsLocal transit authorities and local gov.

agencies/depts.SIC: 411Ground transportation: 300 responses;

153,000 hours; $10,000 Federal cost; 1form; not applicable ufider 3504(h)

Donald Arbuckle, 202-395-7340

Property records are required by OMBcircular A-102, attachment N, as well asshown in UMTA circular 5010.1. Annual,certificate is based on records andcertifies use of property.

DEPARTMENT OF THE TREASURY

Agency Clearance Officer-Ms. JoyTucker-202:-634--5394

New

* Internal Revenue ServiceError in computation-refund was

issued for correct amount34CNonrecurringIndividuals or households/farms/

businesses or other institutionsAll taxpayers (individuals or business)

who file returnsSIC: AllSmall businesses or organizationsCentral fiscal operations: 1,431,

responses; 477 hours; $12,005 Federalcost; 1 form; not applicable under3504(h)

Kevin Broderick, 202-395-688026 U.S.C. sectiofi 6011 requires that

any person liable for tax must file areturn. During the processing of thereturn, adjustments are made whenerrors are found. Thisletter advises thetaxpayer that-we made changes andrequests information if they do not agreewith these changes.- Internal Revenue ServiceBond purchase plan for self-employed

individuals4578NonrecurringIndividuals or, households/State or local

governments/farms/businesses orother institutions

Self-employed individuals-mainlyfarmers and retail stores

SIC: 011 013 016 021 025 541 542 544 546549

Small businesses or organizationsCentral fiscal operations: 500 responses;

245 hours; $6,173 Federal cost; I form;not applicable under 3504(h).

Kevin Broderick, 202-395-6880,

Used by self-employed individuals toprovide their employees with a pensionplan or profit-sharing plan funded byU.S. retirement plan bonds. When theself-employed individual.a business taxreturn is examined, the examiner uses-

the information to ensure the plan,qualifies.* Internal Revenue ServiceTrace Payment167CNonrecurringIndividuals or households/State or local

governments/farms/businesses orother institutions

Any taxpaying entitySIC: AllSmall businesses or organizations

Central fiscal operations: 23,215responses; 11,608 hours; $192,139Federal cost; 1 form; not applicableunder 3504(h)

Kevin Broderick, 202-395-6880A multiple choice letter used to

request additional information from thetaxpayer so that we can either locate hispayment or definitely establish that itwas never received by the fnternalRevenue Service. Taxpayers arerequired to file returns and-provide,payment to the Government under IRCsection 6011.9 Internal Revenue ServiceSignature of Wife Requested for Joint

Return123CNonrecurringIndividuals or householdsAlf taxpayers who may qualify to file

joint returnsCentral fiscal operations: 85 responses;

21 hours; $603 Federal cost: 1 form; notapplicable under 3504(h)

Kevin Broderick, 202-395-688026 U.S.C. section 6013 provides tat

husbands and wives can file a jointreturn or as separate individuals. Ifthereturn is jointly filed, the signatures ofboth husband and wife are required persection 6061. This letter requests themissing signature of the wife which isnecessary to process the return.• Internal Revenue ServiceRequesting Information to DetermineEIC Qualifications

32CNonrecurringIndividuals or householdsAll taxpayers whomay qualify for the

earned income creditCentral fiscal operations: 1,265


Kevin Broderick, 202-395-088026 U.S.C. section 43 allows a special

credit for low income taxpayers who aresupporting a household which includes achild. The information requested by thisletter is necessary in order to determineif the taxpayer is eligible for the earnedincome credit, -

4062040620


* Internal Revenue ServiceTrace Payment169CNonrecurringIndividuals or households/State or local

governments/farms/busmesses orother institutions

Any taxpaying entitySIC: AllSmall businesses or organizationsCentral fiscal operations: 2,182

responses; 1,091 hours: $19,369 Federalcost; 1 form; hot applicable under3504(h)

Kevin Broderick, 202-395-6880A multiple choice letter used to

request photocopies of money orders sothat we can either locate the payment orestablish that it was never received bythe Internal Revenue Service. Taxpayersare required to filereturns and providepayment to the Government under IRCsection 6011.9 Internal Revenue ServiceAdditional Information Needed to

Process TCE Application215CNonrecurringIndividuals or households/farms/

businesses or other institutionsTaxpayer Filing Tentative Carryback

ClaimsSIC: AllSmall businesses or organizationsCentral fiscal operations: 2,194


Kevin Broderick, 202-395-:688026 U.S.C. section 6411 requires IRS to

process tentative carryback claims filedby taxpayers. -When-submitting theclaim, taxpayers may not provide allinformation needed, thls letter is used torequest the necessary information tocomplete the processing of the claim.9. Internal Revenue ServiceOrder for Reproduction Proofs6747AnnuallyIndividuals for households/State or

- local governments/farms/busmessesor other institutions

Printers, tax preparers, publishers,State/local gov't

SIC: 602, 919, 072,912, 275, 931, 272, 822,729, 551

Small businesses or organizationsCentral fiscal operations: 750 responses;

250 hours; $23,544 Federal cost 1 form;not applicable unider 3504(h)

Kevin Broderick, 202-395-6880Form 6747 is used to order

reproduction proofs of various InternalRevenue Service printed products.Information provided will be used to fillorders and process mv6ices.

Extensions (Burden Change)• Internal Revenue ServiceComputation of Credit for Federal Tax

on Gasoline, special fuels, andlubricating oil

4136AnnuallyIndividuals or households/farms/

businesses or other institutionsBus. ent., farms, estates, trusts & rediv.

use gasol., etc.SIC: AllSmall businesses or organizationsCentral fiscal operations: 1,697,000

responses; 1,307,000 hours; $300,280Federal cost; 1 form; not applicableunder 3504(h)

Kevin Broderick, 202-395-6880IRC section 39 requires certain

information in order to claim a credit forFederal excise tax on certain gasoline,special fuels, and lubricating oil used.This form is used to figure the amount ofcredit. Data is used to verify of claim.* Bureau of Alcohol, Tobacco and

FirearmsWithdrawal of Spirits, Specially

Denatured Spirits or Wines forExportation

ATF F 5100.11On occasionBusinesses or other institutionsBonded wine cellarsSIC: 208Small businesses or orgamzationsFederal law enforcement activities: 200

responses; 200 hours; $10,000 Federalcost; 1 form; NPRM under 3504 (h)

Kevin Broderick; 202-395-6880This form is used to detemine that a

shipment of wine has been lawfullyexported. It describes the shipper, theperson to whom shipped, the reason forexport or use outside the U.S., details ofthe shipment for tax purposes, andcertification by a U.S. Government agentshowing exportation o use outside theU.S. Shipment is made in bond (withoutcollection of tax).* Internal Revenue ServipeFarm Rental Income and Expenses and

Summary of Gross Income FromFarming or Fishing

4835AnnuallyIndividuals or households/farms/

businesses or other institutionsFarmers, businesses, individualsSIC: 019. 029Small businesses or organizationsCentral fiscal operations: 407,719

responses; 308, 521 hours; $85,210Federal cost; 1 form; not applicableunder 3504(h)

Kevin Broderick, 202-395-6880Attached to form 1040 for use by

landowners (or sub-lessors) to report

farm rental income based on crops orlivestock produced by the tenant wherethe landowners (or sublessors) do notmaterially participate in the operation ormanagement of the farm. The data isused to deterrmne whether the properamount of rental income has beenreported.

e Internal Revenue ServiceSpecial 10-year Averaging Method4972AnnuallyIndividuals or households/businesses or

other institutions mdiv. trusts, estatesreceiving lump-sum dist. emplys plan

SIC: 673Small businesses or organizationsCentral fiscal operations: 275,000

responses; 217,000 hours; $70,717Federal cost; 1 form; not applicableunder 3504[h)

Kevin Broderick, 202-395-6880RC section 402(e) allows taxpayers to

compute a separate tax on theordinary income portion of a lump-sum distribution from a qualifiedemployees' plan. Form 4972 is used tocorrectly figure the separate tax. Thedata is used to verify the correctnessof the separate tax.Internal Revenue Service

Energy Credits5695AnnuallyIndividuals or householdsIndividuals qualifying for energy saving

propertyCentral fiscal operation: 4,905,000

responses; 5,589,000 hours; $828,224Federal cost; I form;-not applicableunder 3504(h)

Kevin Broderick, 202-395-6880Used by individual taxpayers to claim

a credit against their tax for qualifiedenergy saving property. IRC section 44Callows the credit for qualified energyconservation expenditures, plusqualified renewable energy sourceexpenditures. The information collectedis used to determine the validity of theclaimed credit.e Internal Revenue ServiceInformation Return by Persons

Receiving Program Payments From theU.S. Department of Agriculture

4347AnnuallyBusinesses or other institutions/farmsPersons receiving cash payments from

Dept. AgricultureSIC 011, 013, 016, 017, 018, 019,021,024,

025,027Small businesses or organizationsCentral fiscal operations: 371,774

responses; 59,157 hours; $12,708

40621


Federal cost; I form; not applicableunder 3504(h)

Kevin Broderick, 202-395-6880Persons ("payees of record") who

receive cash payments from theDepartment'of Agriculture on behalf of6ther personis may use-form 4347 toreport the acutal owners of thepayments. The service uses theinformation on form 4347 to identify theactual owners, who should report theincome.- InternaLRevenue ServiceApplication for Extension of Time to

File U.S. Individual Income TaxReturn

2688AnnuallyIndividuals or householdsExtension for tax rtrn.Central fiscal operation: 987,000

responses; 591,410 hours; $1,654,377Federal cost; 1 form; not applicableunder 3504(h)

Kevin Broderick, 202-395-688026 U.S.C. 6081 Permits the Secretary to

grant a reasonable extension of time forfiling, any return, declaration, statement,or other document. Form 2688 is used torequest an extension of time to file form1040. The information is necessary todetermine if the extension should begranted.* Internal Revenue ServiceU.S. Fiduciary Income Tax Return and

Schs. on Cap. Gains and Losses, TrustAlloc. of Accum. Dist., BeneficiaryShare of Inc. etc.

1041 Sch D (1041), Sch J (1041)AnnuallyBusinesses or other institutions/

individuals or householdsFiduciaries for estates and trustsSIC: 673Small businesses or organizationsCentral fiscal operations: 5,941,984

responses; 10,349,713 hours; $5,369,206Federal cost; 3 forms; not applicableunder 3504(h)

Kevin Broderick, 202-395-6880IRC Section 6012 requires that an

annual income tax return be filed forestates and trusts. Section 6041 requiresa return be filed reporting payments torecipients. The data is used to determinethat the estates, trusts, and beneficiariesfiled the proper-returns and paid thecorrect tax.- Internal Revenue ServiceU.S. Individual Income Tax Return1040AAnnuallyIndividuals or householdsIndividuals report their income subject

to income tax'Central fiscal operations: 40,040,000

responsesn 36,548,770 hours;

$78,760,024 Federal cost; 1 form; notapplicable under 3504(h)

.Kevin Broderick, 202-395-6880

This form is used by-individuals toreport their income subject to incometax and compute their correct taxliability. The data is used to verfiy thatthe items reported on the form arecorrect and also for general statisticsuse.

9 Internal Revenue ServiceApplication for Approval of Prototype

Simplified Employee Pension-SEP5306-SEPNonrecurringBusinesses or other institutionsFinancial institutionsSIC: 602, 631Central fiscal operations: 619 responses;

509 hours; $18,597 Federal cost; I form;not applicable under 3504(h)

Kevin Broderick, 202-395-6880

Used by banks, credit unions,insurance companies, and trade-orprofessional associations to apply forapproval of a simplified employeepension plan to be used-by more thanone employer. The data collected is usedto determine if the prototype plansubmitted is an approved plan.

* Internal Revenue ServiceTax on Accumulation Distribution of

Trusts4970AnnuallyIndividuals or households/farms/

businesses or other institutionsIndiv. corps. estates/trusts receiving

accum. distributionsSIC: allSmall businesses or organizationsCentral fiscal operations: 5 000

responses; 15,000 hours; $21,038Federal cost; 1 form; not applicableunder-3504(h)


Form 4970 is used by a beneficiary ofa domestic or foreign trust to computethe tax adjustment attributable to anaccumulation distribution from the trust.The form is used to verify whether thecorrect tax has been paid on theaccumulation distribution.

* Internal Revenue ServiceSpecialTax Return and Application for

Registry11NonrecurringBusinesses or other institutionsBrewers, retail or wholesale dealer in

alcoh. bevgs. et.SIC: 208, 348, 504. 518, 581, 591, 592, 594,

596, 701Small businesses or organizationsCentral fiscal operations: 362,531

responses; 763,229 hours; I form; notapplicable under 3504(h)

Kevin Broderick, 202-395-6880Various IRC excise tax sections (see

attached form) require persons toregister and/or pay a specialoccupational tax before conducting abusiness in certain alcohol or firearmscategories. These are ATE categoriesbut IRS processes the forms and collectsthe tax for ATF Form 11 is used both tocompute and report the tax, and as anapplication for registry as required bylaw. Upon receipt of the tax a specialtax stamp is issued. The data is used toverify tax reported.. Internal Revenue ServiceOwnership Certificate1000On occasionIndividuals or households/farms/

businesses or other institutionsCitizens, mdiv. fidu., partners. orrnonros,

partnershipSIC: allSmall businesses or organizationsCentral fiscal operations: 2,000

responses; 1,000 hours; $5,319 Federalcost; 1 form; not applicable under3504(h)


Form 1000 is used In connection withinterest on bondA of a domestic orresident corporation containing a tax-free covenant and issued before January1, 1934, IRS uses the information toverify that the correct-amount waswithheld.

Extensions (no change)

- Comptroller of the CurrencyFair Housing Home Loan Data System

monitoring informationNone,Other-See SF83Businesses or other institutionsCommercial banks engaged in real

estate lendingSIC: 602Small businesses or organizationsOther advancement and regulation of

commerce. 4,425 responses; 13,275hours;'$5,000 Federal cost; I form; notapplicable under 3504 (h)

• Kevin Broderick, 202-395-6880OCC's fair housing home loan data

regulation (12 CFR 27)-requires that eachnational bank maintain in its home loanfiles information on the propertylocation, the disposition of the loanapplication, the terms offered andinformation on race/national origin andsex which was formerly maintainedunder Federal reserve regulation B (12CFR 202).

e InternalRevenue ServiceU.S. departing alien income tax return1040A

40622

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 I Notices

On occasionIndividuals or householdsAliens departing the U.S.Central fiscal operations: 8,000

responses; 36,000 hours; $31,682Federal cost; 1 form; not applicablIunder 3504 [h)

-Kevin Broderick, 202-395-6880

Form 1040C is used by aliensdeparting the U.S. to report incomereceived or expected to be received forthe -entire taxable year determined asnearly as possible by the date ofintended-departure. The data collectedis used to insure that the departing alienhas no outstanding U.S. tax liability.

COMMODITY FUTURES TRADING COMMISSION

Agency Clearance Officer-Joseph G.Salazar-202-254-973,T

New

* Withdrawal from RegistrationNonrecurringBusinesses or other institutionsComm. regist req. withdrawal of regist.

prior to expir., etc.SIC: 622.other advancement andregulation of

commerce: 60 responses; 45 hours;$4,320 Federal cost; I form; $900public cost; not applicable under 3504(h)

RobertVeeder, 202-395-4814The information collection

requirement in mide 1.10 F-is intended toprovide the commission withinformation concerning the identity andstatus of the registrant requestingwithdrawalfrom registration and withsufficient information to enable thecommission to prevent unwarrantedwithdrawals to the detriment of thepublic.

* Large Trader Reports01-60 thru 01-69. 01-73, 01-74,01-77, 01-78, 102- 40,203 thrn 803.1003Other-See SF83Individuals or households/farms/

businesses or other institutionsFut. Comm. Merch., frgn brkrs, clearing

mbrs of exchg., etc.SIC: 011 013 021 602 612 515 221 204Other-advancement and regulation of

commerce; 438,000 responses; 46,060hours; $1,067,000 Federal cost; 42forms; not applicable under 3504 (1)

RobertVeeder, 202-395-4814Large trader data is used' to detect and

prevent attempted or actual pricemanipulation or market congestion. Thedata is also used for enforcement ofspeculative position limits and providesa basis for periodicpublications of thecommission. -

ENVIRONMENTAL PROTECTION AGENCY

Agency Clearance Officer-ChristineScoby-202-287-0793

New-* Coordination with other programsNonrecurringState or local governmentsDirectors of State hazardous waste

programsSIC: MultiplePollution control and abatement: 1

response; I hour;, I form; notapplicable under 3504 (h)

Edward H. Clarke, 202-395-7304State directors of hazardous waste

programs must consult with agenciesresponsible for State solid wastemanagement plans in order to servestatutory goals of comprehensiveplanning and cooperation in the solidwaste field. (See, 42 USC section 6941).

Reinstatements* Annual ReportOn occasionBusinesses or other institutions/State or

local governmentsTreatment, storage and disposal

facilitiesSmall businesses or organizationsPollution control and abatement:

2,141,100 responses; 2,678,520 hours;15 forms; not applicable under 3504 (h)

Edward H. Clarke, 202-395-7340To comply with section 3004 of RCRA.

hazardous waste treatment storage anddisposal facilities must fulfill specificreporting and recordkeepingrequirements to account for theirhandling of wastes covered by the act.EPA will use this information to controlthe disposition of toxic wastes.

FEDERAL DEPOSIT INSURANCE CORPORATION

Agency Clearance Officer-PanosKonstas-202-389-4481

Extensions (Plo Change)•Fair Housing Lending Monitoring

System -FDIC 6500/70 6500/75On occasionBusinesses or other institutionsInsured commercial & mutual savings

banks nonmembers FRS.SIC: 602, 603Small businesses or organizationsMortgage credit and thrift insurance:

951,770 responses; 309,808 hours;$103,700 Federal cost; I orm;$4,875,500 public cost; not applicable.under 3504(h)

Kevin Broderick. 202-395-6880In order to facilitate FDIC review of

compliance with the fair housing lendingproscriptions of title VIII of the Civil

Rights Act of 1968, insured State non-member commercial and mutual savingsbanks are required by FDIC regulationsto maintain various data on home loanapplicants and inquirers. Selected bank(based primarily on the volume of theirmortgage lending and the number ofrejections of applications minorities andwomen] are req'd to submit datacomputerized analysis.

* Community Reinvestment MonitoringSystem

On occasionBusinesses or other institutionsInsured banks notmembers of theFRS.

(commercial/mutual)SIC: 602. 603Small businesses or organizationsMortgage credit and thrift insurance:

6,000 responses; 11,683 hours; $28,100Federal cost; 0 form; $238,026 publiccost; not applicable under 3504[h)

Kevin Broderick. 202-395-6880

Form consists of a questionnairecontaining the bank's responses toquestions regarding efforts made by thebank to serve the credit needs of itscommunity. Utilized by FDIC examinersin making an overall assessment of thebank's performance under theCommunity Reinvestment Act.

FEDERAL TRADE COMMISSION

Agency Clearance Officer--CarlHevener-202-523-3373

New

Federal Trade Commission Survey ofLawyers

NonrecurringBusinesses or other institutionsAttorneys in private practiceSIC. 811Small businesses or organizationsOther advacement and regulation of

commerce: 2500 responses; 833 hours;$132,171 Federal cost: 2 forms; notapplicable under 3504(h)

Paula Daigneault. 20Z-395-7340

The Federal Trade Commissionlawyer survey is an important part ofthe Commission's ongoing investigationof the impact of regulations of the legalprofession on the price and availabilityof legal services to consumers. Datacollection will begin immediatelyfollowing OMB clearance and will becompleted within a seventy-day period.A final report containing the dataanalysis is scheduled for completionwithin 7 months thereafter.

I40623


NUCLEAR REGULATORY COMMISSION

Agency Clearance Officer-StephenScott-301-492-8585

Revisions

* 10 CFR 50, Domestic Licensing ofProduction and Utilization

FacilitiesNonrecurring, on occasion, monthly,

semiannually, annually, biennially,other-see SF83

Businesses or other institutionsNRC applicants and licensees:SIC: 483Energy information, policy, and

regulation: 8,100 responses; 5,738,050hours; $14,545,350 Federal cost; 4forms; not applicable under 3504(h)

Jefferson B. Hill, 202-395-7340

10 CFR 50 contains the reporting,recordkeeping and application itemsassociated with domestic licensing ofproduction and utilization facilities.

SECURITIES AND EXCHANGE COMMISSION

Agency Clearance officer--George G.Kundahl-202-272-2142

New

* Rule 171 under the 1933 Act and rule0-6 under the 1934 act, disclosuredetrimental to the national defense orforeign policy

On occasionBusinesses or other institutionsIssuers, regis. sec. under the 1933 act &

all issuers, etc.SIC: MultipleSmall businesses or organizationsOther advancement and regulation of

Commerce: 12 responses; 60 hours;$1,990 Federal cost; 2 forms; $2,760public cost; not applicable under3504(h)

Robert Veeder, 202-395-4814

The rules are necessary to provide abasis for exluding information whichmight be detrimental to the nationaldefense of foreign policy from materialsfiled with the Commission.C. Louis Kincannon,Assistant Administrator For ReportsManagement.iFR Doc. 81-23201 Filed 8-7-81: 8:45 ami

BILLING CODE 3110-O1-M

OFFICE OF THE UNITED STATESTRADE REPRESENTATIVE

Determination Regarding Applicationof Certain International Agreements

August. 4, 1981.This notice modifies the determination

published in the Federal Register ofJanuary 4,1980 (45 FR 1181), asamended.

The determinations herein are madepursuant to the functions of thePresident under section 2(b) of the TradeAgreements Act of 1979 ("the Act"),delegated to the United States TradeRepresentative by section 1-103 ofExecutive Order No. 12188 of January 2,1980.

Now therefore, I, William E. Brock,United States Trade Representative, inconformity with the provisions ofSection 2 of the Act (19 U.S.C. 2503), andsection 1-103 of Executive Order No.12188, do hereby determine effective onthe date of signature of this Notice that:

1. With respect to the Agreement onTechnical Barriers to Trade, thefollowing countries have accepted theAgreement with respect to the UnitedStates and should not otherwise bedenied the benefits of the Agreement:Pakistan, Spain, Yugoslavia

2. With respect to the Agreement onImplementation of Article VII of theGeneral Agreement on Tariffs andTrade and the Protocol to the Agreementon Implementation of Article VII of theGeneral Agreement on Tariffs andTrade, the following additionalcountries have accepted the Agreementand the Protocol with respect to theUnited States and should not otherwisebe denied the benefits of the Agreementor the Protocol:Austra, Brazil, Spain, Switzerland

3. With respect to the Agreement onImport Licensing Procedures, Pakistanand the Philippines have accepted theAgreement and should not otherwise bedenied the benefits of the Agreement.

4. With respect to the Agreement onImplementation of Article VI of theGeneral Agreement on Tariffs andTrade, the following additionalcountries have accepted the Agreementwith respect to the United States andshould not otherwise be denied thebenefits of the Agreement:Pakistan, Poland,-Spain

William E. Brock,United States Trade Representative.IFR Doc. 81-23156 Filed 8-7-81; 8:45 am]

BILNG CODE 3190-O1-M

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster Loan Area No.20051

Indiana; Declaration of Disaster LoanArea

Fulton County, and adjacent countieswithin the State of Indiana constitute adisaster area as a result of damagecaused by heavy rams and floodingwhich occurred on June 9-17,1981.

Eligiblepersons, firms and organizationsmay file applications for loans forphysical damage until the close ofbusiness on October 1, 1981, and foreconomic injury until the close of

-business on April 30, 1982, at: SmallBusiness Administration, District Office,New Federal Building, 5th Floor, 575North Pennsylvania Street, Indianapolis,Indiana 46204, or other locallyannounced locations.

For recent changes in disaster loaneligibility see 46 FR 18526 (March 25,1981).(Catalog of Federal Domestic AssistanceProgram Nos. 59002 and 59008)- Dated: July 51,1981.Michael Cardenas,Administrator.[FR Doc. 81-23213 Filed 8-7-81; 8:45 amlBILLING CODE 8025-01-M

[Declaration of Disaster Loan Area No.2004]

Indiana; Declaration of Disaster LoanArea

Lake County and adjacent countieswithin the State of Indiana constitute adisaster area as a result of damagecaused by heavy rains and floodingwhich-occurred on June 13-14, 1981,Eligible persons, firms and organizationsmay file applications for loans forphysical damage until the close ofbusiness on October 5, 1981, and foreconomic injury until the close ofbusiness on May 4, 1982. at: SmallBusiness Administration, District Office,New Federal Building, 5th Floor, 575North Pennsylvania Street, Indianapolis,Indiana 46204, or other locallyannounced locations.

For recent changes in disaster loaneligibility see 46 FR 18526 (March 25,1981).(Catalog of Federal Domestic AssistanceProgram Nos. 59002 and 590008)

Dated: August 4,1981.Michael Cardends,Administrator.iFR Doc. 81-23214 Filed 8-7-81:8:45 am]BILLING CODE 8025-01-M

[Declaration of Disaster Loan Area No.2000]

Kansas; Amendment No. 1; Declarationof Disaster Loan Area- As a result of the President's major.declaration of July 18, 1081, the abovenumbered Small BusinessAdministration declaration (see 45 FR37586) is hereby amended to includeBarton and Douglas Counties and,

40624

Federal Register / Vol. 46, No. i53 / Monday, August 10, 1981 / Notices

adjacent counties within the State ofKansas,. as a result of severe storms,tornadoesa'id flooding beginning on oraboutJune 14,1981. All otherinformation remains thesame; i.e., thetermination, dates for filing applicationsfor physical ifimage is the close: ofbusiness on September 14, 1981, and foreconomic imnury until April 15.1982.(Catalog of Federal DomesticAssistanceProgram Nos. 59002 and 59008)

Dated:JulyZl, 198LMichael Cardenas,Administrator.[FRDoc. 81-315iled8--7-41:"84s am]

BILLING CODE 802S-O1.-

[Declaration of'isaster Loan Area No.20061 1

Tennessee; Declaration of DisasterLoan Area

Houston-County, Tennessee,constitutes a disaster area as' a result ofphysical damage caused by floodingwhich occurred on June 6,1981. Eligiblepersons, firms* and organizations mayfile applFications for loas for physicaldamageuntil the close of business onOctober 2,1981, and for economic injuryuntil7fle closeof business on May 3.1982, at: Small Business Administration,District Office,404-James RobertsonParkway, Shite 1012, Nashville,Tennessee 37219, orother locallyannounced locations.(Catalog oaFederaiDomestic AssistanceProgram Nos. 59002 -and 59008]

-Date1.-August 4; 1981.Michael Cardenas,Adminiistrator.[FRI)=Z8I-23216 Fed&-7-81: &45 am]


DE PARTMENT OF TRANSPORT'ATIO9.

Coast Guard

[CGD 81-060]

Towing safety. Advisory CommitteeMeeting; CorrectionAGENCY. Coast Guard, DOT.ACTION: Correction.

SUMMARY: lIn the Thursday, July 30, 1981issfie of the-FederalRegister at page39073 the Coast Guard published theplanned-agend'a for the Towing.SafetyAdvisory Committee Meeting to be heldon August 25 and 26. A late submissionhas been received for that agenda thatcould! not be Includedfn the July 30:notice. The follbwing agenda itemsshould be added: t

13. Discussion on the current status ofthe Title 46 USC update.

14. Discussion of the ramifications ofthe dicision of the U.S. District court forthe District of Columbia concerningMoran Maritime Associates, Et Al. vsUSCG, No, 80-3008 Civil (D.D.C. 1981)(Pilots on Tankbarges).

Dated: August S. 1981....A. D. Utara.Commander. US. Coast Guard ExecutiseSecretary orine Sofety CounciL

IFR Obc.S1-3 rled 8-7--f 4L amiBILIN CODE 4910-14-M


[OST Notice No. 80-71

Termination of Advisory Committees

Notice is hereby given that thefollowing advisory committees, of theDepartment of Transportation wereterminated. effective May 1,1981." Automobile AdvisoryCommittee* Biomechanics Advisory Committee" National Accident Sampling System

(NASS) Advisory Committee• National Advisory Cdmmittee for

Outdoor Adveitising and MotoristInformation

Issued in Washington, D.C. on AugustS.1981.Katherine M. Anderson,Executive Secretary S-10, Department ofTransportation.

IFR Doc. s81-=43 id a-a &AS fi1BILLING CODE 4910-62-W

Privacy Act of 1974; Additions,Changes, and Deletions to Notices of -Systems of Records

The Department of Transportationherewith deletes 25 systems for recordspreviously published, renames two.publishes a change to General RoutineUse number 6 regarding access byCongress, republishes DOT/FAA 846"Airport Solicitation Permit ApplicationFile" in the final along with comments-from the publicand responses by FAA,and lastly publishes one newly proposedSystem of Records DOT/FAA 847,"Generally Air Transportation RecordsonIndividuals".

Any person or agency may submitwritten comments on the proposedadditions, changes or deletions ofsystems to the Privacy Officer (M-341),Room 7109, U.S. Department of

- Transportation, 400 Seventh'Street,S.W., Washington. D.C. 20590.Comments mustbe veceived byAugust28,1981, to.be considered.

Ifno comments are received, theproposed new system and the othercbanges-will become effective onAugust.28,1981. If comments are received, thecomments will be considered and whereadopted, the document will berepublished with the changes.

Issued in Washington. D.C. onJuly 281981.Robertl. Fairman,Assistant SecretaryforAdmifnistraf-on.

Deletions of Systems of Records

The following systems of records aredeleted permanently. The reasons fordeletion are that the publication ofOPM/GOVT 1 replaces the need forseveral FAA Systems. theadevelopment -

of DOTIALL 1. 2. and 3 asflepartmentalsystems eliminates the needfor several.and some programs were completed ordiscontinued. The deveIolment of DOT/FAA 847 resulted from a combination ofseveral-separate FAA systems ofrecords:DOT/OS 001 DOT/FAA 94ZDOT/CG 501 DoT/EMVAZDOT/FAA 8m DOT/FHWA Z21DOT/FAA 812 DOT/FRA 103DOT/FAA 8M7 DOT/FRA.109DOT/FAA 818- DOTINHTSA421DOT/FAA819 DOT/NTSA 438DOT/FA 823 DOTINIi'SA 44-DOT/FAA a29 DOT/NHTSA443DOT/FAA.835 DCrr/StS 5DOT/FAA W&5' DOT/SLS 157DOT/FAA 810 DOT/ThrrA.37DOT/FAA 841

Rename Two Systems of Records

DOT/OST 039 Safety ManagementInformation Files becomes DOT/ALL 2.

DOT/OST 055 Applications for U.S.Government Vehicle Operators Licensebecomes DOT/ALL3.Revision of General Routine-Use ofNumber 6

Change Prefatory Statement ofGeneral Routine Uses number 6 45 FR11688 to read as follows:

Disclosure may be made to aCongressional office from the record ofan individual in response to an inquryfrom the Congressional office made atthe request of that individual. In suchcases, however, the-Congressional officedoes not have any greater right torecords than the individual. Thus, thedisclosure maybe withheld fromdelivery to the individual where the filecontains investigative or factualimformation or to other materials whichare being used. or are expected to beused. to supportlprosecution orfimesagainst the individual for violations of astatute, or of regulations of theDepartment based on statutoryauthority. No such limitations apply torecords requested for Congressional

40625

Federal Register / Vol. 46, No. 153 / Monday,. August 10; 1981 / Notices

oversight or legislative purposes; releaseis authorized under 49 CFR 10.35(9).

Final Notice DOT/FAA 846 AirportSolicitation Permit Application -

Summary: The Department ofTransportation (DOT] herewithpublishes the final notice of a newsystem of records, the AirportSoliciation Permit Application File,DOT/FAA 846.

The proposed notice of this system ofrecords (45 FR 60104, September 11,1980) provided that the system wouldbecome effective on October 26, 1980,unless comments were received.Adverse comments were receivedwithin'60 days of'the proposed notice.Implementation of the system wastherefore deferred pending ,consideration of the comments andpublication of.a final notice. -

Background'information

The Airport Solicitation PermitApplication File will containinformation collected from applicantsfor Solicitation Permits at WashingtonNational Airport and Dulles Airport.Permits for soliciting and leafletting areissued by the Operations Office of eachairport pursuant to regulations issued bythe Federal Aviation Administration(FAA) on May 20,1980.14 CFR Sections159.91, 159.93, and 159.94. ,45 FR 35306,May 27,1980; amended 45 FR 45578, July7, 1980, effective date deferred 45 FR49917, July 28, 1980; amended 45 FR70237, October 23, 1980.) The final rulebecame effective on October 26,1980.However, implementation of the parts ofthe rule requiring the use of theSolicitation Permit Application weredeferred pending consideration of thecomments received in response to theProposed Systems Notice published onSeptember 11, 1980, (45 FR 60104).

The Airport Solicitation PermitApplication will'be used to collectinformation from persons desiring tosolicit funds and/or sell literature fornoncommercial purposes at Nationaland Dulles Airports. A SolicitationPermit, if available, will be issued to theapplicant upon submission of acompleted application form. (A persondesiring to distribute literature withoutthe collection of funds may do so byrequesting a leafletting Permitfor whichno written application form is required.)The system of records for which noticeis hereby given consists of completedAirport Solicitation Permit Applicationsand any supporting documentationsubmitted by applicants.

The only comments received on theproposed system of record weresubmitted jointly by the AviationConsumer Action-Project and the

American Civil Liberties Union Fund ofthe National Capital Area (hereinreferred to-jointly as "ACAP"). Thesecomments originally were filed withOMB in connection with that agency'sreview and approval of the applicationform under the Federal Reports Act, 44U.S.C. sections 3501 et seq., andsubsequently were filed with the FAA inDocket No. 20200. The comments allegethat the Airport Solicitation PermitApplication form proposed by FAAviolates the Federal Reports Abt; thePrivacy Act, and the First Amendmentof the Constitution. Followingconsideration of ACAP's comments,Office of Management and Budget(OMB) on October 27,1980, approvedthe application form for use by FAAsubject to minor modifications whichare, for the most part, unrelated toACAP's comments. This Noticetherefore considers only the part ofACAP's comments alleging that the useof the forms will violate the Privacy Act.ACAP contends that the proposedsystem of records does not fulfill-therequirements of-the Privacy Act, 5 U.S.C.552a, for reasons which may besummarized as follows:

1. Much of the information requestedwas irrelevant or unnecessary to thepurposes of the application form, and,therefore m violation of 5 U.S.C. 552a(e)(1).

2. The Privacy Act Statement printedon the application form failed to meetthe notice requirements of 5 U.S.C. 552a(e)(3).

3. FAA failed to publish advancenotice of a recordkeeping systemprovided by the Act and by OMBCircular A-108.

ACAP's first contention, that the formviolates 5 U.S.C. .552 (e)(1), is essentiallya recapitulation of comments submittedby ACAP in response to FAA NPRM No.80-5, 45 FR 20424, FAA Rules DocketNo. 20200. These comments wereaddressed by FAA in the preamble to,the final rule as published May 27, 1980.Similar comments submitted by ACAPto FAA in a Petition forReconsideration, published in full at 45FR 59897, September 11, 1980, will beadressed in detail in the FAA's separateresponse to that petition. Basically, theapplication form serves to establish theidentity of the solicitor, to ascertain theauthority of the solicitor to act for thecause which he or she purports torepresent, and to determine whether thesolicitor's organization is.noncommercial or commercial in nature.Supreme Court decisions have upheldthe right of municipality to obtain thisinformation, and FAA's authority asairport operator is no less than that of amunicipality in this respect.

The purposes served by the form arefurther authorized and required by TitleV of Pub. L. 96-193 enacted February 18,1980. Each of the items of Informationrequested on the form relates directly toone of the above purposes. DOTtherefore considers the Informationobtained by use of the application formto satisfy fully the requirements of 5U.S.C. 552a (e)(1).

ACAP's second contention, that thePrivacy Act Statement contained In theform is insufficient to meet therequirements of 5 U.S.C. 552a (e)(3), Isbased on five distinct arguments. First,ACAP argues that the notice of authorityincomplete inasmuch as the statementrefers only to Pub. L. 96-193 and not toother Acts relating to the administrationof National and Dulles Airports (54 Stat.686 as amended by 61 Stat. 94, 04, Stat.770), Which are included In the final ruleas additional authority for thepromulgation of the rule, As noted In thepreamble to the final rule, DOTconsiders either the Airport Acts or Pub.L. 96-193 as sufficient authority for theregulation, and the listing of both In thePrivacy Act statement would beredundant, ACAP's contention is that Itis especially important to include theAirport Acts because of the fine andimprisonment penalties containedtherein, However, the applicant receivesnotice of the penalties elsewhere on theface of the form by reference to,14 CFRSection 159.191, which by the terms ofthe form is immediately available to theapplicant on request. The applicantsnotice of and access to the penaltyprovisions would not be improved by alegal citation to the U.S. Statutes atLarge.

The second reason offerd by ACAPfor the insufficiency of the Privacy ActStatement is that the Statement fails tolist the prevention of fraud as a purposeof collecting the information. While theprevention of fraud is indeed a policybehind the regulation and its authorizinglegislation, the immediate purpose of-obtaining the information is the issuanceof a permit identifying the solicitor'snoncommercial status. This purpose Issufficiently described by the presentlanguage of the Statement.

Third, ACAP argues that theStatement fails to state that theinformation collected may be-used asevidence in civil and criminalproceedings. The final version for theform has been amended to add thefollowing language to the Privacy ActStatement: "Information collection maybe used as evidence in civil and criminalproceedings arising under theregulation."

40626


Fourth, ACAP asserts that theStatement misstates the implication ofthe failure to fill out the form, allegingadiscrepancy between the final rule,which does not require certainmformation if not applicable, and theform's Statement.which states, that apermit will not be issued unless "allinformation" (ACAP's term) is provided.The actual language on the form is:"failure to complete this form -will resultm denial of an Airport SolicitationPermit." It is clear from the provisions ofthe regulation that the form may be"complete" without the filling in of allblanks, in certain circumstances. (14CFR 159.93(c)(2). DOT believes that therule is clear that the optional omissionof one item of information, if that item isnot applicable to the dpplicant'sorganization, will not render theapplication incomplete. Title 5 U.S.C.552A(e)(3)(D) does not require thereprinting in the Privacy Act Statementof every condition and aetail of theregalation. The present language of thePrivacy Act Statement is therefore bothaccurate and complete for the purposerequired.

Finally, ACAP notes that it is unawareof the advance notices of a recordkeeping system required by the PrivacyAct and by 0MB Circular A-108. Asnoted above, a Proposed Notice ofSystem of Records for the AirportSolicitation Permit Application-file,DOT/FAA 846, was published in theFederal Register on September 11, 1980,at 45 FR 60104.

In consideration of the foregoing, DOT'has not further delayed or amended theAirport Solicitation Permit Applicationfrom or Systems Notice in response tothe ACAP comments except asspecifically stated above. However,several -amendments were made to theform and the Notice as condition ofOMB approval of the use of the form:

1. Under "Organization PersonResponsible for Activities at Airport,""Telephone #" is changed to "Title."

2. The certification block is amendedto read, in relevant part: "I understandthat Federal Aviation Regulations Part159, Sections 159.91, 159.93,159.943, and159.191 are available for my review."

3. The Privacy Act Statement isamended to add the followingstatement: "Information collected maybe used as evidence in civil and criminalproceedings arising under theregulation."

4,The statement of routine uses in theSystems Notice is amended to includethe use of the information as evidenice incivil and criminal proceedings.

5. The statement'of categories of usersin the Systems Notice is amended.toinclude a list of agencies which may be

expected to have an interest toobtaining the information collected.

Final Notice

The following systems of records willbecome effective on publication and onthat date should be added to the DOTAnnual Publication of Systems ofRecords, February 21,1981, 45 FR 11686:

DOT/FAA 846

SYSTEM NAME:

Airport Solicitation PermitApplication File, DOT/FAA.

SYTEM LOCATION:

Federal Aviation Administration, "Operations Office, WashingtonNational Airport, Washington, D.C.20001.

Federal Aviation Administration,Operations Office, WashingtonNational Airport, Washington, D.C.20041.

CATEGORIES OF RECORDS IN THE SYSTEM:Completed applications for Airport

Solicitation Permits; documentation ofeach solicitor's authority to representthe organization for which he or slieclaims to be soliciting.

AUTHORITY:

Authority for the operation of thissystem is Pub. L 96-193, enactedFeburary 18,1980. This system wouldalso be authorized by 54 Stat. 686, 61Stat. 94, and 64 Stat. 770.

ROUTINE USES OF RECORDS MAINTAINED INTHE SYSTEM, INCLUDING CATEGORIES OF'USERS AND PURPOSES OF SUCH USES.

Preparation and issuance of AirportSolicitation Permits, which indicate thesolicitor's name and the organization forwhich he or she is solicittig. Permits willbe issued by airport operationspersonnel.

Disclosure to members of the publicupon request, to permit the public to beinformed as to who is soliciting at theairport and for what cause.

Use as evidence in civil or criminalproceedings. It is expectedthat onlyDOT, the Department of Justice, and theAttorney General of Virginia would usethe information collected as evidence.incivil or criminal proceedings. Otheragencies which might be expected tohave an interest in the informationinclude the Internal Revenue Service,the operating authorities of other publicairports, and state and local lawenforcement agencies.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN TIE SYSTEM

STORAGE:

Application forms and any attacheddocumentation are retained at theOperations Offices of National andDulles Airports.

RETRIEVABILITY:

Applications are maintained inchronological order, not by name. Thereis no means for retrieval of recordspertaining to a particular individualother than manual search of the entirefile.

SAFEGUARD:

The file is in the custody of the DutyOperations Officer.

RETENTION AND DISPOSITION:

Applications will normally bedestroyed within 60 days of the datesubmitted.


Chief, Operations, Division, WashihgtonNational Airport, Federal AviationAdministration, Washington, D.C.20001.

Chief, Operations, Division, DullesInternational Airport, FederalAviation Admimstration, Washington,D.C. 20041.

NOTIFICATION PROCEDURES:.

Individuals wishing to know if theirrecords appear in this system of recordsmay inquire in person or inwriting tothe System Manager.


Individuals who desire access-to the .information about themselves in thissystem of records should contact oraddress their inquines to the SystemManager.

CONTESTING RECORD PROCEDURES:

Same as "Record Access Procedures:"Record source categories: Applicationforms and related documentationfurnished by airport solicitors.


Application forms and relateddocumentation furnished by airportsolicitors.

New System of RecordsDOTIFAA 847

SYSTEM NAME:

General Air Transportation Recordson Individuals, DOT/FAA.

SYSTEM LOCATION:

Records are maintained primarily at:Department of Transportation (DOT),

40527

S-Federal Register- I VoL 46, No. 153 / Monday, August 10; 1981 / Notices

Federal Aviation Administration (FAA)i,Mike Monroney Aeronautical Center;Oklahoma City; Oklahoma 73125.

Portions of these records are located-in: Department of Transportation,,Federal Aviation administration, 800Independence avenue, S.W.,Washington, D.C. 20591; General,Aviation District Offices (GADO~sJ; AfrCarrier District Offices (ACDO's);, CivilAviation: Security' Field Offices(CASFO's);. andIFAAregionaL offices.(Contact your'nearest FAA. office forlocation.)

CATEGORIES OF INDIVIDUALS COVERED'BY'THESYSTEM:

Current certificated airmen, airmenwhose, certificates. have expired, airmenrejected for medical certification,, airmenwith special certification, airmen whoare deceased, and other requiring,medical certification.

Air traffic controllers in air. routetraffic control centers, terminals,, andflight service stations and applicants forthese positions.

Applicants for airmem cerLtificates.airmen seeking additional. certificationsor additional ratings, individuals. demedcertification, airmen holding inactive;certificates, airmen who have.had,certificates revoked; and airmen ancflight attendants engaged ininternational air transportation.

Persons who are involved in afrcraftaccidents or incidents: pilots.crew'members-, passengers; persons on the4ground, andwitnesses.

Individuafs against whom the Federalaviation Administration has takenadministrative action or legalenforcement action for violation ofcertain Federal Aviation Regulations(FAR] or, DepartmentofTransportation.Hazardous MaterialsRegulations(HMR). These. mclude'individuals: orcompanies holding Federal Aviation,Administration certificates, personscharged witli violating FAR's' and/brHMI s, and persons allegefy violatingFAR's. who. haveappealed to theNational'Transportation SafetyBbard(NTSB) or the courts.,

CATEGORIES OF RECORDS.IN THE SYSTEM:

All categories of records mclureidentifying information-such as name(s),date of birth, place of residence;.mailinhgaddress, social security number, airmancertificate number, home telephone;number. Other records in this systemare:

General'Ar'Transportation Recordsbn Individuals files are- the.official-repository of records, documents, andpapers required in connection, with theissuance- of airmen, certificates -by the.Federal'AviationAdministratiorr

Additionally, the records in the system-are onindividuals against whom, theFAA has taken administrative action orlegal enforcement action for violation of'certain. Federal Aviation Regulations. orHazardous Materials.Regulations.(Tliese-files are.mafitained in local-districtor field offices, regionaL offices,,the Aeronautical Center and, the FAAheadquarters in Washington, D.C.,depending on the kind of action beingundertaken.]

Records that are requiredltodetermine the physical condition. of anindividual with respect to:the~medicalstandards established by FAA.

Records concerning applications foicertificationwritten examinations,applications for written, examinations,results of written tests, applications forinspection authority, certifications herd,ratings, stop orders, and requests' forduplicate, certificates.

Reports. of. fatalaccidents,, autopsies,toxolo.icat studies, aviationmedicalIexaminer reports, medical record.printouts, nonfatal reports, injuryreports, accidentname, cards, magnetia.tape records of fatal accidents,.physiological autopsy, and consultingpathologists's summary of findings.

R'ecords, ofaccfdent investigations,preli'mnary-notices of accident, injury,reports, engineering analyses; witnessstatements, investigators analyses,

--pictures of accident scenes.Records. concernffig: safety compliance

notices, letters of-warning, letters of'correction; fmaLaction legal.documentsIn enforcement cases; enforcementairmen medical demalcases oniappealto NTSB, investigations of allegedviolations and reports- of dnforcementcases, viOlation'reports-on alleged FAAcertificate violations other than medicalcertificates.

ROUTINE USES OF RECORDS.MAINTAINEDANTHE SYSTEM.INCLUDING CATEGORIES OF USERSAND THE'PURPOSt OF'SUCH USES:'

These records and information inthese records.may be used:

To provide information fbr F deral,state, foreign'.and local agencies;maintaining civil, criminal, or-otherrelevant information;, or otherpertinentoperational' purposes such as validatingairmen qualifications by-supplyingrelevant information to an agencyconcerning the'luring'or retention ofemployee or the issuance ofa-grantorother benefit..o

To-provide statistical reports forinternal'use, le, Congress, other-Federal;agencies; and the-public

To local specific:individuals: for avariety of personnel management'functions.

To serve as: a'repository of documentsused by individualland'potentialemployers to determine validity ofairmen qualificatfons.

To verify U.S.. Citizenship, certifyqualified applicants, and provide' themwith a crew member certificat to beu:sedilh lieuof a~passport in.International Civil AviationOrganization member countries,

To supplyrdata to the NationalTransportation Safety Board (NTSB)under requirements of the.FAA accidentinvestigation authority delegated to It bytheBoard!.

To'serve-as a repository of legadocuments that relate to individuals 'physical status or condition used todetermine-statistiqally, the validity ofFAA medical standardsi

To develop~professionallpapers that'are distributed to' variolisaviation andmedical groups of evaluation andstudy.

To informairimen of meetings and'seminars conducted by the FAAregarding aviation safety.

To provide.information fordetermining eligibility for airmanmedical certification, for review ofrequests for exemptions from medical'requirements, and for review ofcertificate denals.

To provide information concerning,administrative and legal enforcementactions-of alleged violations of certainFederal Aviation Regulations and'Hazardous Materials Regulations; togovernment agencies, the aviatontindustry; and the public upon request.,

The general routine uses.in theprefatory statement apply to. all,'of these,files.

POLICIES AND PRACTICES FOR STORING,,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS'IN THE SYSTEM:-

STORAGE:

Thesarecords are maintained In filefolders, on lists:and formsl and incomputerprocessable storageimedia.Records are'also:stored on microfichei

RETRIEVABILITY:

These records.are retrieved-byvarious combinations of namebirth.date, social security account number,airman certificateinumber or otheridentification number of thiindividual.of whom the records are, maintained'Records arealsoindexed-by sex.Records are also filed by accidentnumber'and/or incident: number, and-administrative action or legal:enforcement numbers.

SAFEGUARD:

Personal information~in thissystem of'records is processedin both hard copy

40628


and digital environments. Applicablesafeguards for each are described m thefollowing subparagraphs:

Manual Records: Strict informationhandling procedures have beendeveloped to cover the use,transmission, storage, and destination ofpersonal data in hard copy form. Theseare periodically reviewed forcompliance.

Automated Processing (FAASystems): Computer processing ofpersonal information is conductedwithin established FAA computersiurity regulations. A risk assessmentof the FAA computer facility used toprocess this system of records has beenaccomplished.

AutomatedProcessing (CommercialTime Sharing Contractor): A limitedamount of personal information coveredby this system of records will be-processed at a commeicial facility. Thisdata is of low sensitivity to dis'closure.A comprehensive security review of thecontractor installation wasaccomplished by the FAA securityorgamzation. Computer programsoperated on commercial time sharesystems that contain data on individualshave multiple security levels andrecords element restrictions to preventrelease of data to unauthorized parties.


All records and files are retained and/or disposed of in accordance with theprovisions of Order 1350.15A, RecordsOrganization, Transfer, and DestructionStandards.


Records foncerning A viation MedicalCertification: Chief, AeromedicalCertification Branch, Mike MonroneyAeronautical Center, Oklahoma City,Oklahoma 73125.

Records Form Regional Files:Regional Flight Surgeon withm theregion where examination wasconducted.

FAA Certification Records andGeneral Airmen Records: Chief, AirmenCertification Branch, Mike MonroneyAeronautical Center, Oklahoma City,

Oklahoma 73125. Requests forassistance may be made to theoiginating GADO, ACDO, or FSDO.

Records Concerning GeneralAviationAccidents and Incidents and Air CarrierIncidents: Flight Standards NationalField Office, Attn: Chief, Safety DataBranch, Mike Monroney AeronauticalCenter, Oklahoma City, Oklahoma73125.

Records Concerning Administrativeand Legal Enforcement Actiorn

FAA Enforcement Information SystdlnData Bases for Administrative andLegal Enforcement Actions: FlightStandards National Field Office, Attn:Chief, Safety Data Branch (AFO-580),Mike Monroney Aeronautical Center,Oklahoma City, Oklahoma 73125.

Official FAA Enforcement Files: TheOffice of the Chief Counsel, the Office ofthe Regional Counsel, or theinvestigating FAA field office, asappropriated. (The address of theappropriate FAA legal or field officemaintaining the official agency.enforcement file may be obtained fromAFO-580.)

-(See or call your local FAA office inthe area in which you reside for anyproper address not specifically listedabove.)


Individuals wishing to know if theirrecords appear in this system of recordsmay mquire in person or in writing tothe system manager.

RECORD ACCESS PROCEDURES'

Individuals who desire access toinformation about themselves in thissystem of records should contact oraddress their inquiries to the systemmanager.

CONTESTING RECORD PROCEDURES:

Individuals who desire to contestinformation about themselves containedin this system of records should contactof address their inquiries to theAssociate Administrator forAdministration or his delegate at thefollowing address: Department ofTransportation, Federal Aviation

Administration, 800 IndependenceAvenue, S.W., Washington, D.C. 20591.


Medical Information: Information isobtained from Aviation medicalExaminers, individuals themselveS,consultants, hospitals, treating orexamining physicians, otherGovernment agencies, tests taken by theindividual, special studies such as bloodtest, and in some rare cases, records aresupplied by other persons or otheragencies.

Airmen Certification Records: Theindividual to whom the records pertain.Written test scores are supplied by otherpersons or other agencies.

General Aviation Accident/IncidentRecords andAir Carrier IncidentRecords: Information is obtained fromAviation Medical Examiners,pathologists, accident investigations,medical laboratories, law enforcementofficials, and FAA employees. Data isalso collected from manufacturers ofaircraft, maintenance inspectors.accident investigators, witnesses toaccidents, and involved passengers.

Administrative Action and LegalEnforcement Records: RegionalCounsels, National TransportationSafety Board, Civil Aviation Securitypetsonnel. Flight Standards personnel.Aeronautical Center personnel, and theOffice of Chief Counsel.

SYSTEM EXEMPTED FROM CERTAIN PRO VISIONSOF THE ACT.

Portions of the records are exemptedfrom certain subsections of the PrivacyAct. The purpose of these exemptions isto protect investigatory materialscompiled for law enforcement purposes.Disclosure of such material wouldhamper law enforcement by prematurelydisclosing the knowledge of illegalactivity and evidential basis for possibleehforcement actions. The exemptionrule may be found on page 8999 of theFebruary 11, 1980, issue of the FederalRegister.JFR Do= at-zni Filed 8-7-e: &.am)


40629

40630.

Sunshine Act Meetings Federal, Register

Vol. 46* No, 153


This section of, the FEDERAL REGISTERcontains notices. of, meetings publishedunder the "Government in, the SunshineAct' (Pub. L 94-409) 5 -U.S.C:552b(e)(3).

CONTENTS

ItemsFederal. Election Commission ............... liInternational Trade Commission ........... zNational Credit Union Administration ..... 3, 4,National Transportation Safety Board.. S

1

FEDERALELECTION. COMMISSIONL

[FR No, 1198]'

PREVIOUSLY ANNOUNCED. DATE ANDr. TIME:Thursday, August 13, 1981 at 10 a.m.-CHANGE IN MEETING: The followihg itemshave been added:

Contractsa. Reallocation of $100,000 to Support

Contracts ParLI-F from Agenda Document81-ISO Continued from July 30,,1981-

b. Review of Office of General Counsel;c. Agency Staffing Patterrr Review.

PERSON TO CONTACT FOR: INFORMATION:"Mr. Fred Eiland, Public Information-Officer; Telephone: 202-523-4065.Marjorie W. Emmons, -

Secretary-of the Commission.IS-1203-81 Fileaa--81: .39 pm'lBILLING CODE 6Z15-1Vi-K

2-

INTERNATIONAL TRADE COMMISSION.,

[USITC SE-81-24]

TIME "AND DATE: 3 p.m., Tuesday, August18, 1981.PLACE: Room 117, 701 E Street, N.W.,Washington, D.C. 20436.STATUS: Parts of this meeting will beopen to the public. The rest of themeeting will be closed to the public.MATTERS TO BE CONSIDERED: Portionsopen to the public:

1. Agenda.2. Minutes.3. Ratifications.4. Petitions and complaints, if necessary:a. Press line (Docket No. 751).5. Investigation 731-TA-30 [Final] (Montan

Wax from East Germany)-vote.

6. Any itemsleft over from previous,agenda.

Portions closed' to. the public:5. Investigation 731-TA-30 [Final].(Montan

Wax fiom.East CermanyJ---brfefing.L.CONTACT PERSON FOR MOREINFORMATION: Kennetli, R. Mhson,Secretary, (202].523-0161.S.-12o4-81 Rled-8-60g :3.21 pi].

BILLINGCODE 7020OZ-M -

3NATIONAL CREDIT UNIONADMINISTRATION:,TIME AND DATE: 9:30-a.m., Thursday;August 13, 1981.PLACE: Seventh floor board-moomT, 1,776 GStreet N.W,., Washington, D.C;STATUS:TOpen..MATTERS TO BE CONSIDERED:

1.-Review of Central LiquidityFacilityLending-Rate.

2. Proposed;amendments to Part 720 of theNCUA Rules and Regulations regardingdescription of offices, disclosure of officialrecords, availability-of information and-promulgation of regulations;

3. Reporis ofaction taken.underdelegations-of authority.

4. Applications forcharters, amendments to,charters, bylaw amendments,.mergers as may-be pending at that time.

RECESS: 10:15 a.m-TIME AND'DATE: 10:30"a.m., Thursday,August 13, 1981.PLACE:.Seventh floor board room, 1776 GStreet N.W., Washington, D.C.STATUS: Closed.MATTERS TO'BE CONSIDERED.

1. Proposed-policy to delegate authorityunder Section 206 of the Federal' Credit'UmonAct andclarification of delegated'authorityunder Section 120 of the Federal Credit UnionAct. Closed pursuant to!exemption[g);,(9)[A)[ii) and[.10).

2. Proposed modificationto delegatedauthority under Section 208:of the FederalCredit Union Act. Closed pursuant toexemptions (8) and (9][A](ii).

3. Charter application. Closed pursuant toexemptions (8) and (9](A](ii].

4. Administrative action under Sections 120and 207 of the Federal Credit Union Act.Closed pursuant to exemptions (8) and(9)(A)(ii).

5. Administrative action under Section 206of the Federal Credit Union Act. Closedpursuant to exemptions (8) and (9)[A](i).

6. Requests from Federally insured creditunions for special assistance under Section208 of the Federal Credit Union Act. Closedpursuant to exemptions (8) and [9)(A)(ii).

7. Requests formerger with specialassistance under Section 208 of theFederalCredit Unibn Act: Closed pursuant. toexemptions (8J and (9)(A)(ii).

8. Budget considerations for FY 1983.Closed pursuant to exemption (9)(B]

FOR MORE INFORMATION CONTACT:Joan O'Neill, Program; Assistant;telephone (202) 357-1100.IS-120t-81 Filed 8-4-01: 1I1g'pmtBILLING CODE 7535-01-M'

4

NATIONALCREDIT UNIONADMINISTRATION.Notice of Previously HeldEmergencyMeeting 1;TIME AND DATEL11a.m., Wednesday;,August 5, 1981.

PLACE: 7th-floor board room, 1770GStreet, N.W.,,Washihgton; DC,STATUS:-Closed.

MATTER CONSIDERED-

1. Request from-a Fdderally Insured creditunion for special assistanca under Section208 of the Federal Credit Union Act.

BACKGROUND: The Board voted that thoagency business required that a meetingbe held with less than seven daysadvance notice;

The Board unanimouslywotddx to closethe meeting under exemptions (8) and(9)(A)(ii). The General Counsel, certifiedthat the meeting could be closed underthose exemptions.FOR MORE-INFORMATION.CONTACT:Beatrix Fields, Acting Secretary of theBoard; telephone (202) 357-1100.IS-1Z02-81 Filed 8L-4-1:e"20 pml,BILLING CODE 7535-01-

5

NATIONALTRANSPORTATION SAFETYBOARD.

[NM-81-28J

"FEDERAL REGISTER" CITATION OFPREVIOUS ANNOUNCEMENT: 48 FR 39724,August 4, 1981."PREVIOUSLY ANNOUNCED TIME ANDDATE OF MEETING: 9 a.m., Tuesday,August 11, 1981.CHANGE IN MEETING: A majority of theBoard has determined by recorded votethat the business of the Board requiresrevising the agenda of this meeting andthat no earlier announcement was

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Sunshine Act Meetings 40631-40643

possible. The agenda as n6w revised isset forth below:

STATUS: Open.

MATTERS TO BE CONSIDERED:

1. Marine Accident Report: Grounding ofthe S.S. CONCHO. Constable Hook Reach ofKill Van Kull, Upper New York Harbor.January 19. 1981. and Recommendations tothe Sabine Towing and TransportationCompany. the American Bureau of Shipping,and .the U.S. Coast Guard.

2. Special Investigation Report: RailroadAccidents Caused by Overheated JournalBearings Previously Detected by TracksideHot Journal Detection Equipment. andRecommendations to the Chicago andNorthwestern Transportation Company.Chicago Milwaukee. St. Paul. and PacificRailroad Company; Burlington NorthernRailroad; Louisville and Nashville Railroad.Illinois Central Gulf Railroad; Grand TrunkWestern Railroad Company. and theAssociation of American Railroads.

3. Special Study.: Review of RotorcraftAccidents. 1977 through 1979.

4. Special In vestgatoidn Report- Search andRescue Procedures and Arming of EmergencyLocator Transmitter. Michigan City, Indiana.December 7.1980, and Recommendatians tothe Federal Aaviation Adminstration.

CONTACT PERSON FOR MOREINFORMATION: Sharon Flenuning 202-382-6525.

August 6,1981.IS--105-M Fled 8-6-81:3:46 palBILLING CODE 4910-58-

MondayAugust 10, 1981

Part II

Department ofTransportationFederal Aviation Administration

Certification: Pilots and Flight Instructors;Proposed Amendment of InstrumentRating Requirements

- a

4 64~Federal Reeister I Vol. 46. No. 153 1 Mondav Aumust 10, 1981 / Proposed Rules



14 CFR Part 61[Docket No. 22051; Notice No. 81-11

Certification: Pilots and FlightInstructors; Proposed Amendment ofInstrument Rating Requirements

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of proposed rulemaking(NPRM).

SUMMARY: This notice proposes toamend the rules governing therequirements for the issuance of anoriginal or additional instrument ratingadded to an airman certificate. Theproposal would delete the requirementthat cross-country experience be gainedin a specific category of aircraft. Underthis proposal, cross-country time gainedin powered aircraft could be appliedtoward meetirIg the experiencerequirements for the rating. Theproposed amendment is intended torelieve applicants from unnecessaryduplication of experience. It is needed torelieve the public of an undue economicburden and prevent the waste ofaviation fuel.DATES: Comments must be received onor before October 12, 1981.ADDRESSES: Send comments on thisproposal in duplicate to:Federal Aviation Administration, Office

of the Chief Counsel, Attn: RulesDocket (AGC-204), Docket No. 22051,800 Independence Avenue, SW.,Washington, D.C. 20591

OR deliver comments in duplicateto:

FAA Rules Docket, Room 916, 800Independence Avenue SW.,Washington, D.C.Comments may be examined in the

Rules Docket on weekdays, exceptFederal holidays, between 8:30 a.m. and5:00 p.m.FOR FURTHER INFORMATION CONTACT:Dan Keenan, Regulatory Review Branch(AVS-22), Safety Regulationii Staff,Associate Administrator for AviationStandards, Federal AviationAdministration, 800 IndependenceAvenue, SW., Washington, D.C. 20591;telephone (202) 426-8196.SUPPLEMENTARY INFORMATION:

Comments InvitedInterested persons are invited to

participate in the making of theproposed rule by submitting-suchwritten data, views, or arguments asthey may desire. Comments that provide

the factual basis supporting the viewsand suggestions presented areparticularly helpful in developingreasoned regulatory decisions on theproposal. Comments are specificallyinvited on the overall regulatory,economic, environmental, and energyaspects of the proposals.Communications should identify theregulatory docket or notice number andbe submitted in duplicate to the addresslisted above. Commenters wishing theFAA to acknowledge receipt of theircomments on this notice must submifwith those comments a self-addressed,stamped postcard on which thefollowing statement is made: -"Comments to Docket No.-22051." Thepostcard will be date/time stamped andreturned to the commenter. Allcommunications received on or beforethe specified closing date for commentswill be considered by the Administratorbefore taking action on the proposed'rule. The proposal contained in thisnotice may be changed in the light ofcomments received. All commentssubmitted will be available forexamination m the Rules Docket bothbefore and after the closing date forcomments. A report summarizing eachsubstantive public contact with FAApersonnel concerned with thisrulemaking will be filed in the docket.

Availability of NPRM .Any person may obtain a copy of this

notice of proposed rulemaking (NPRM)by submitting a request to the'FederalAviation Administratiorr, Office ofPublic Affairs, Attention: PublicInformation Center, APA-430, 800Independence Avenue, SW.,Washington, D.C. 20591, or by calling(202) 426-8058. Communications mustidentify the notice number of thisNPRM. Persons interested in beingplaced on a mailing list for futureNPRM's should also-request a copy ofAdvisory Circular No. 11-2 whichdescribes the application procedure.

Background. Part 61, Certification: Pilots and FlightInstructors, of the Federal AviationRegulatibns (14 CFR Part 61) prescribesthe requirements for issuing pilot andflight instructor certificates and ratings.Part 61 also prescribes the conditionsunder which those certificates andratings are necessary and the privilegesand limitations ofthose certificates andratings. In 1973, Part 61 was revised toupdate the standards for issuing pilotand flight instructor certificates andratings, and to adopt recent experienceand proficiency check requirements.Amendment 61-60 (38 FR 1356; February1, 1973) reflected the increased activity

in aviation as well as the growingsophistication of aircraft and equipmentbeing utilized in the national airspacesystem.

As part of this revision effort, therequirements for the issuance of ahelicopter instrument rating wererevised. These new requirementsstemmed from, and were In recognitionof, the increased interest and activity inthe world-wide application of thehelicopter.

Section 61.05(e)(1) required anapplicant for an instrument rating tohave at least a total of 200 hours of pilotflight time, including 100 hours as pilotin command, of which 50 hours arecross-country in the category of aircraftfor which an instrument rating Is sought.

Need for Regulation

When § 61.65(e)(1) was adopted, Itwas uncommon for a person to apply foran instrument rating in more than onecategory of aircraft. Compliance withthe So hours of cross-country flight timein a, single category of aircraft did notpresent a problem. However, with theincreased demand for economicefficiency of corporate flightdepartments, more and more individualsmust be qualified in both airplanes andhelicopters. The increased cross-utilization of flight personnel hasfocused attention to the burden Imposedon individuals seeking an additionalinstrument rating in another aircraftcategory, because of the cross-countryflight experience requirements in§ 61.65(e)(1).

Since this section was adopted, over105,000 instrument ratings have beenissued which required individuals toacquire cross-country' flight experiencein either an airplane or a helicopter.However, other individuals have had torepeat this flight experience in anothercategory of aircraft in order to beeligible for an instrument rating for thatcategory. This has been an unnecessaryburden in view of the fact that the cross-country experience gained in operatingairplanes and helicopters is quite similarand not unique to the category ofaircraft. This proposal is-intended torelieve the unnecessary requirementtlhat airmen obtain cross-country flightexperience in the category of aircraft(airplane or helicopter) in order to beeligible for an instrument rating. A rulechange deleting the categoryrequirement would permit individuals tocombine the flight experience withoutcompromising safety, as well as

-eliminating the unnecessary waste ofaviation fuel, and the undue economicburden on the public.

Federal Re ster / Vol. 46, o. 153 1 Monday August 10, 1981 / Proposed Rules4064C


Economic Evaluation

The FAA has determined that thisproposed regulation involves noadditional costs and relieves aneconomicburden. The dollar extent ofthe cost savings benefit depends on thenumber of-additional pilot instrumentratings obtained per year. For the classof aircraft typically used to meet suchtraining requirements for the cross-country flight experience stipulated in§ 61.65(e)(1), the operating cost per hourwould range from $30 to $50 for fixedwing airplanes and $100 to $125 forrotorcraft.-These costs multiplied by 50hours, because of the deletion-of therequirement for cross-country in thecategory of aircraft for which an addedinstrument rating is sought, couldprovide a savings to individuals of$1,500 to $2,500 and $5,000 to $6,250 forfixed wing and rotorcraft, respectively.

A copy-of the draft regulatoryevaluation of this proposed rule iscontained in the docket. The FAAinvites specific comments concerningthe extent and magnitude of the costsavings or other benefits that can accrueto individuals seeking an additionalinstrument rating under proposed rulechange.

The Proposed Amendment

Accordingly, it is proposed to revisePart 61 of the Federal AviationRegulations (14 CFR Part 61) by revising§ 61.65(e)(1) to read as follows:

§ 61.65 Instrument rating requirements.

(e) Flight Experience. An applicant foran instrument rating must have at leastthe following flight time as a pilot:

(1) A total of 200 hours of pilot flighttime, including 100 hours as pilot in

command, of which 50 hours are cross-country m a powered aircraft

(Secs. 313(a), 601, and 602. Federal AviationAct of 1958, as amended, (49 U.S.C. 1354[a),1421, and 1422,); Se,. 6(c), Department ofTransportation Act (49 U.S.C. 1655(2)

Note.-Since compliance with this proposalwould not Impo6e any cost or other economicburden on airmen. It has been determinedthat this Is not amajor regulation underExecutive Order 12291 and is not a significantrule pursuant to the Department ofTransporation Regulatory Policies andProcedures (44 FR 11034; February 26,1979).In addition, under the criteria of theRegulatory Flexibility Act. this revisionwould not have a significant economic impacton a substantial number of small entities.

Issued In Washington. D.C.. on July 22,1981Kenneth S. Hunt,Director Office ofFlight Oprat'ons.IFR Dec. 8-Zro Filed 5-7-81: t4s amlBILXG CODE 4910-13-

4M67

m ==

=__-=


Part I11,

Department of theInteriorOffice of Surface Mining and ReclamationEnforcement

Permanent and Interim ProgramModifications; Two-Acre Exemption; FinalRule Withdrawal and Notice of Intent ToPropose Rule

Federal Register / Vol. 46, No. 153 1 Monday, August 10, 1981 1 Rules and Regulations


Office of Surface Mining Reclamationand Enforcement

30 CFR Part 700

Permanent and Interim ProgramModifications; Two-Acre Exemption

AGENCY: Office of Surface MiningReclamation and Enforcement (OSM),Interior.ACTION: Withdrawal of final rule.

SUMMARY: The Surface Mining Controland Reclamation Act of 1977 exemptsfrom regulation surface coal miningoperations which affect two acres orless. OSM has determined to withdrawthe final two-acre exemption publishedJanuary 23, 1981, at 46 FR 7902, and toannounce its intent to propose a revisedtwo-acre exemption to replace thecurrent exemption, which is published at30 CFR 700.11(b)., OSM is taking this action in part

because it believes that the January 23,1981, rule may unnecessarily restrict theavailability of the exemption tounderground mines by including all landabove underground mine workings indetermining the size of a mine. Inaddition, OSM does not believe the ruleadequately addresses the important"related sites" issue and the complexiusues involved in counting haul roadsand access roads as part of a mine.OSM intends to address these and otherissues in proposing a revised two-acreexemption.EFFECTIVE DATE: August 10, 1981.ADDRESSES: Director, Office of SurfaceMining, U.S. Department of the Interior,South Building, 1951 ConstitutionAvenue, NW., Washington, D.C. 20240.FOR FURTHER INFORMATION CONTACT:Stanford Zeccolo, Office of SurfaceMining, U.S. Departnent of the Interior,South Building, 1951 ConstitutionAvenue, NW., Washington, D.C. 20240,phone number: 343-5365.SUPPLEMENTARY INFORMATION: OnFebruary 6,1980, OSM proposed arevision to 30 CFR 700.11(b), the so-called two-acre exemption. 45 FR 8241.This provision implements Section528(2) of the Surface Mining Control andReclamation Act of 1977 (SMCRA),which exempts from the provisions ofSMCRA "the extraction of coal forcommercial purposes where the surfacemining operation affects two acres orless." A hearing was held on theproposal in Washington, D.C. onFebruary 25,1980. Public comment onthe proposal extended from February 6,1980, to March 7, 1980. OnJanuary 23,1981, OSM issued a final two-acre

exemption effective February 23,1981.46 FR 7902.

On January 28, 1981, the Secretary ofthe Interior initiated a program toreevaluate the Department's existingrules to determine where they might beexcessive, burdensome orcounterproductive. The two-acreexemption rule was among those beingevaluated.-On February 4,1981 inaccordance with the President'smemorandum of January 29, 1981, theDepartment extended until March 30,1981, the effective date of numerousrules, including the two-acre exemptionrule. 46 FR 10707 On April 3, 1981, OSMextended until May 4, 1981, the effectivedate of the two-acre exemption rule andsolicited comments as to whether therule.should be suspended indefinitelypending the outcome of rulemaking toconsider modifications of the exemption.46 FR 20211. On April 29,1.981, OSMfurther extended the effective date untilJune 16,1981, and reopened thecomment period on the suspensionissue. 46 FR 23924. Finally, on June 15,1981, OSM deferred until August 15,1981, the effective date of the two-acreexemption rule. 46 ER 31258. TodayOSM announces its withdrawal of therule published-January 23,.1981, andnotices its intent to propose a revisedtwo-acre exemption.

OSM is taking this action in partbecause itbelieves that the January23,1981, rule may unnecessarily restrict theavailability of the exemption to

,underground mines by including 'all landabove underground mine workings indetermining the size of a mine. Inaddition, OSM does not believe the ruleadequately addresses the important"related sites" issue and the complexisues involved-in counting haul roadsand access roads as part-of a mine.OSM intends to address these and otherissues in proposing a revised two-acreexemption.

Withdrawal of the January 23,1981,rule will not affect enforcement of thetwo-acre exemption. The ruleimplementing the exemption that waspublished March 13, 1979, at 44 FR15311, as amended November 27,1979,at 44 FR 67942, has continued in effectduring the rulemaking resulting metheJanuary 23, 1981, exemption and willcontinue in effect pending adoption of afinal revised two-acre exemption. OSMis also in the process of draftingenforcement directives on two-acreexemption issues that will clarify andmake consistent enforcement of theexemption. This process will becorrelated with development of therevised two-acre exemption rule.

Response to Public Comment

OSM has reviewed all commentsreceived after the Federal Registernotice dated April 20, 1981, extendingthe comment period and providingnotice to withdraw, suspend or modifythe two-acre exemption rule publishedon January 23, 1981. OSM respondsbelow to comments relating towithdrawal of the January 23, 1981, rule.Comments relating to the substance ofthe two-acre exemption and to otherissues not concerned with withdrawal ofthe January 23, 1981, rule will beconsidered together with commentsreceived on the revised exemption thatOSM intends to publish in the future.

1.Two comments requested that therule be suspended. These commentshave been accepted insofar as theJanuary 23, 1981, rule is beingwithdrawn and OSM intends to proposea revised rule.

2. Several commenters requestedimmediate implementation of theJanuary 23, 1981, rule. These commentshave been rejected because OSMbelieves this rule must be withdrawn forthe reasons described above. OSMintends, however, to propose a revisedtwo-acre exemption that will remedyproblems that may exist with the currentrule.

3. Two commenters requestedadditional time to respond to the April 3,1981, request for comments. Theserequest were granted.

4. One commenter claimed thatdeferral of the effective date of theJanuary 23,1981, rule was illegal. OSMrejects this comment because it belinvesit was within OSM's legal authority todefer the effective date of the rulepending an.evaluatioi of the adequacyof the rule.

OSM has evaluated the withdrawal oftheJanuary 23, 1981, rule according tothe criteria of Executive Order 12291(February 17, 1981) and the RegulatqryFlexibility Act, 5 U.S.C. 601 et seq. OSMhas determined that the withdrawal Isnot a major rule and that it will not havea significant impact on a substantialnumber of several entities, primarilybecause the effect of the withdrawal isto continue in effect the current two-acre exemption rule. OSM previouslyanalyzed the impacts of the two-acreexemption currently in effect and of theJanuary 23, 1981, exemption and hasdetermined that neither constituted amajor federal action having a significantimpact on the human environment,Accordingly, the withdrawal Is exemptfrom the requirement to prepare adetailed statement pursuant to Section

40650

Federal Register / Vol. 46, No. 153 I Monday, August 10. 1981 I Rules and Regulations 40651

102(2)(C) of ihe National EnvironmentalPolicy Act of 1969, 42 U.S.C. 4332(2](C).

Dated: August 3.1981.

Approved:Daniel N. Miller, Jr.,Assistant Secretary. Energy andMinerals.

§ 700.11 [Amended]Accordingly, the revision of

§ 700.11(b) published on January 23;1981, at 46 FR 7902 is withdrawn.IFR Doc. 81-23255 Filed 8-7-81:8:45 aml


40652 Federal Register / Vol. 46, No. 153 / Monday August 10, 1981 / Proposed Rules

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamationand Enforcement

30 CFR Part 700

Permanent and Interim ProgramModifications; Two-Acre Exemption;Notice of Intent To Propose Rule

Cross ReferenceFor a document announcing the

withdrawal of a final rule on exemptionsof surface coal mining operations whichaffect two acres or less (originallypublished at 46 FR 7902, Jinuary 23,1981) and providing notice of intent topropose a revised rule, see FR Doc. 81-23255 also published in Part III of thisissue. Refer to the table of contents forthe appropriate page number.


- Part IV

Department ofTransportationFederal Aviation Administration

National Airspace Review

40654 Federal Register I Vol.46, No. 153 / Monday, August 10, 1981/ Notices



National Airspace ReviewAGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of proposed plan forpublic review and comment.

SUMMARY: The FAA is proposing aNational Airspace Reviewencompassing airspace and proceduralaspects of the air traffic system. Thiswill be a joint FAA-aviation industryventure to improve the efficiency andeffectiveness of the present ATC systemincorporating existing technologicalimprovements. To accomplish this, acomprehensive plan has been developedcontaining an administrative strucfureand detailed task assignments whichwhen acted upon will result inrecommendations to the FAA on thoseidentified assignments. The proposedvreviews intended to be a vehicle thatwill drive the implementation of validrecommendations for changes toairspace and procedures within the ATCsystem.DATE: Comments must be received on orbefore September 21, 1981.ADDRESS: Send comments on theproposal to: Karl Trautmann, Chief,EnRoute Procedures Branch, AAT-330,Federal Aviation Administration, 800Independence Avenue SW.,Washington, D.C. 20591.FOR FURTHER INFORMATION CONTACT:Anthony Borden, Ron R. Haggerty, or L.Jack Overman, Program ManagementStaff, National Airspace Review, AAT-330.10, (202) 755-9018.SUPPLEMENTARY INFORMATION: A reviewof airspace allocations and air trafficprocedures, on a national level, hasbeen made necessary for a number ofreasons.

1. Changing ATC servicerequirements.

2. The need to simplify the air trafficsystem.

3. The need to consider the increasingcost of fuel m airspace design andprocedural changes.

4. A continuing need to refine andimprove air traffic-flow management.

5. Changing civil user demands mustbe address such as, sophistication andgrowth of general aviation, increase incommuter/ air carrier operations as a -,result of deregulation and increasinghelicopter activities.

6. Changing military trainingrequirements must be accommodated inthe air traffic system.

After evaluation of these factorsi itbecame evident that a review of . o

airspace and procedures of the air trafficsystem should be conducted.

Therefore, theFAA drafted astrawman plan for a national review ofairspace and ATC procedures andpresented it to the aviation communityatan informal meeting held at FAAHeadquarters on May 27 and 28, 1981.

The proposed-plan as presented herewas developed as a result of commentsreceived from that meeting and fromwithin the FAA. The National AirspaceReview will include participation ofrepresentatives from aviation industry,DOD, FAA, labor, and state aviationorganizations, who will study and makerecommendations on identified taskassignments.

Although Research and Developmentprojects identify long term goals, thisstudy must address near termresolutions that will improve our currentATC system using existing technologywhile matching R&D efforts.

In order to remain within the confinesof the Federal Advisory Committee Act(Pub. L. 92-463) which governs thecreation and operation of advisorycommittees, a charter is required. Thecharter describes the organizationalstructure, responsibilities ofparticipants, and public notificationrequirements of meetings under-theNational Airspace Review program.

The intent of the National AirspaceReview is to be a vehicle that will drivethe implementation of validrecommendations for changes toairspace and procedures within the ATCsystem.

We believe recommendations relativeto each task assignment shouldrepresent a balance of views between,users and the FAA because of the jointparticipation aspect of the plan.

National Airspace Review Proposed'Plan

PurposeThe purpose of the National Airspace

Review (NAR) is to conduct an in-depthstudy of airspace and proceduralaspects of the existing air traffic system.This will enable us to identify andimplement changes which will promotegreater efficiency for all airspace usersand simplify our system. Additionally,the NAR will match airspace allocationsand air traffic procedures totechnological improvements and fuel*efficiency programs.

Recommended changes to the presentair traffic system as-a result of NationalAirspace Review studies will also bemtegratedmto associated Research andDevelopment efforts.

The duration of this review programwill be approximately 42 months.

Objectives

Thefe are three main objectives of theNational Airspace Review.

Objective 1 is to develop andincorporate into the air traffic system amore efficient relationship betweentraffic flows, airspace allocation, andsystem capacity. This will involve theuse of improved air traffic flowmanagement to maximize systemcapacity and improved airspacemanagement.

Objective 2 is to review and eliminate,wherever possible, governmentalrestraints to ystem efficiency levied byFAR's and FAA Handbooks. The Intentis to reduce complexity and simplify theATC system.

Objective 3 is to revalidate air trafficcontrol services within the NationalAirspace System with respect to state-of-the-art and future technologicalimprovements. This will entail acomplete review of separation criteria,TCA/TRSA requirements, IFR/VFRservices to the pilot, etc.

Around these objectives evolved theproposed list of taskareas to be studied,Administrative Structure

To effectively manage a program ofIhis magnitude, an organizational,structure was developed to provide thenecessary direction and coordination. Itconsists of an: (1) Executive SteeringCommittee, (2) a Program Manager, (3) aProgram Management Staff, and (4)Task Groups. A brief description of therole~and responsibilities of each entity islisted below.

The Executive Steering Committee Iscomposed of a cross section of theaviation industry and chaired by theFAA Deputy Administrator.

Their responsibility will be to:1. Review staff studies/progress

reports on task group activities to Insurethat recommendations meet the Intentand purpose of the National AirspaceReview.

2. Provide guidance by recommendingfurther study in areas where, in theopinion of the committee, task grouprecommendation fall short of statedprogram objectives.

3. Recommend to the FAAAdministrator, adoption or non-adoptionof task group proposals associated withthe'National Airspace Review,

The Program Manager is a jointposition composed of:

1. Williard Reazin, Chief, ATCProcedures Divjsion, AAT-300,

2. B. Keith Potts, Chief, Airspace andAir Traffic Rules Division, AAT-200.. The flunction of the Program Manager

is to:

SVol. .46, No. 153 /Monday, August 10, 1981/ NoticesFederal Register40654

Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 /,Notices

1. Supervise program development.and implementation.

2. Provide direction, as necessary, tothe Program Management Staff to insurea system approach is taken asdevelopment and implementationprogresses.

The Program Manager'will reportdirectly to the Executive SteeringCommittee providing staff studies andstatus reports on task group activities.

The Program Management StaffDirectors are:Karl D. Trautmann (Primary), Chief,

EnRoute Procedures Branch, AAT-330Sid Wugalter (Alternate), Chief,

Airspace and Obstructions Branch,AAT-230.The Program Management Staff is

composed of 3 full time members:Anthony Borden-AAT-320, Terminal

Procedures BranchRon Haggerty-AAT-330, EnRoute

Procedures BranchL. J. Overman-AAT-230, Airspace and

Obstructions Branch.In addition, selected representatives

from all other FAA Headquarters AirTraffic Divisions will serve for shortperiods of time as their specific area ofexpertise'is required.

The function of the ProgramManagement Staff is to:

1. Develop the plan and coordinatesubsequent actions.

2. Establish task group goals and timeconstraints.

3. Recommend task group chairmen.4. Monitor task group progress.5. Provide regular status reports to the

Program Manager.6. Provide interface between task

groups to insure compatibility ofrecommendations.

7 Provide techical expertise,-asnecessary, to task groups.

8. Coordinate all program activities toinsure a smooth transitiofi occurs fromone task group to the next.

9. Schedule implementation efforts soas to have minimal system impact.

Task group members will be selectedfrom the aviation industry(management/labor), federal, and stategovernment aviation agencies.Personnel selected will possessexpertise related to the specific taskassignment. The responsibilities of eachtask group will be to:

1. Review and analyze data related tothe task assignment.

2. Identify system impact ofrecommended changes.

3. Provide regular reports to the-Program Management Staff ofn taskgroup progress.

4. Submit-final recommendations, viastaff study, to the Program MapagementStaff.

Task group composition should belimited to not more than 10 members;however, the exact number will bedetermined by the Program ManagementStaff depending on task assignment andlength of study time.

National Airspace Review ScheduleAugust 10,1981-Proposed plan

published in the Federal Register.September 21, 1981-Receive user

comments from Federal Register.September 29,1981-Present National

Airspace Review plan and charter toFAA Administrator for signature.

September 30,1981-Publish plan mFederal Register. Arrange for pressrelease of plan.

October 1, 1981-Begin implementationof plan.

* * * * *k

Task Groups (TG)TG 1-1Study Location-FAA Headquarters,

Washington, D.C.Random Routes-Study date'Oct. 12-

Dec. 5, 1981.The FAA's 'Operation Free Flight'

data has been analyzed and resultsindicate considerable fuel savings willresult if a program of tis nature Isimplemented. This task group will studythe concept of Random Routes in boththe low and high altitude structure forimplementation on a national basis.Airway Realignment-Study date Apr.

19-Jun. 4, 1982Jet routes and low altitude airways

provide airspace protection, chartedcourses, and altitude information. Areview of these routes is necessary tomsure that they conform to existingtraffic flows. Establishment andretention criteria of airways and jetroutes should also be studied.Alternate Airvay Reduction and Re-

Identification-Study date Apr. 19-Jun. 4,1982

The present alternate airway structureis still based largely on non-radarseparation standards. With theincreased use of radar, an evaluation isneeded to eliminate unnecessaryalternate airways, and reidentifyremaining routes taking intoconsideration ICAO standards. Tiswould contribute to a reduction in chartclutter.Preferential Arrival/Departure, IFR

Routes-Study date Jun. 28-Jul. 30,1982

These routes are designed tosegregate traffic flows. This area shouldbe evaluated for changes which willincrease system efficiency and simplifythe program while making thisinformation available to the pilot.

SID/STAR Evalution-Study date Jun.28-Jul. 30,1982

While these routes and charts are ofvalue to both pilot and controller, theconcept needs further study andevaluation with regard to traffic flowsand information depiction. A review isnecessary to:

1. Determine their need.2. Reduce complexity..3. Simplify development criteria.4. Insure system compatibility.5. Evaluate the possibility of including

the depiction profile descents on thecurrent STARs chart.Fixed Routes (RNAV) Evaluation-

Study date Sept. 20-Oct. 15,1982The concept and use of area

navigation opens many avenues forflight in the Random Route area. Anevaluation of the fixed route concept forRNAV use is needed to determinecontinued justification.

Participants

FAA, EnRoute Procedures Branch,AAT-330

FAA, Southern Region. ASO-530New York CenterCleveland CenterMinneapolis CenterAir Transport AssociationNational Business Aircraft AssociationAircraft Owners and Pilots AssociationNational Association of State Aviation

Officials

TG 1-2

Study Location-FAA. Southern RegionHeadquarters Atlanta, Georgia

Enroute Metering (ERM)-Study dateJan. 4-Feb. 26.1982

Although the enroute meteringfunction is ready to be implemented, astudy is necessary to determine:

1. How ARTCC boundary changesnationwide will be effected.

2. The feasibility of an interface ofERM with Central Flow Control on aninterim basis until the Integrated FlowManagement Program evolves.System Delay Information

Dissemination-Study date May 10-jun. 11, 1982

A review of our present method ofdisseminating delay informationdissemination process is necessary todetermine if more effective means canbe adopted.Severe Weather Avoidance Plan

Evaluation-Study date May 10-Jun. 11,1982

A review, on a national basis, of theconcept of the Severe WeatherAvoidance Plan is necessary todetermine.

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1. The effectiveness of the presentplan.

2. Changes that maybe necessary forimprovement.

3. The continued need for theoplan.Automation Interface-Study date Jul.

5-30, 1982Participation is needed with ICAO

representatives in the establishment ofstandards for an international computerinterface. Also, a need exists for -terminal-terminal ARTS II interface toexpedite-data exchange on towerenroute traffic.'This review would-studyexisting and future programs andrecommend :the besf approach.

ParticipantsFAA, Southern Region, ASO-530FAA, SouthwestRegion, ASW-530FAA, Automation Division, AAT-500Central Flow Control FacilityAir Transport AssociationNational Business Aircraft AssociationDepartment of DefenseCommuter Airlines Association of

AmericaProfessionalAir Traffic-Controllers

Organization

TG'1-3Study Location--HoustonARTCC,

Houston, TexasWeather Dissemation-Study date Jan.

4-Feb. 26,1982A long standing area of concern for

the FAA and aviation community is theaccurate and timely disseminationofreal-time weather. Although futureenhancements ere being developed,studiesmustr be done to improveexisting methods of disseminatingaviation weather.ParticipantsFAA, Flight Service'Procedures Branch,

AAT-'360FAA, Southwest Region, ASW-530Central Flow Control FacilityAircraft Owners andPilots AssociationAirline Pilots AssociationAir Transport AssociationNational Business Aircraft Association-

TG 1-4Study Loation-FAAiHeadguarters,

Washington, D.C.Terminal Control Areas--:Study-Date,

Oct. 12.-Nov. 27,1981Terminal contr0lareas are-presently

under-review with regard to-an ATCAreport on the subject. Ourmntentis toreview that study, along with pthers,and developrecommdations-for the TCAconcept. Criteria, design, and simplicitywill be studied.

Terminal Radar Service AreaEvaluation-Study Date Mar. 8-May 16,1982

TRSA's -are also underTeview withregardto the ATCA report.-hisevaluation should includeestablishement criteria, idesign, servicesprovided, and the TRSA concept withregard to user benefit..Mandatory Communication Areas-

Study Date Jun.7-Jul. 2, 1982The concept of mandatory

communication areas shouldbeevaluated as a possible substitution forsome TCA's and TRSA's, along withseparation/service requirements.Control Zones, Transition Areas, Airport

'Traffic Area Evaluation-StudyDate Sep. 20-Oct. 29, 1982

There is.growmg concern over thepresent complexities of airspaceassigmnnts, including redundanciesand overlap. An evaluation in this areashould be conducted to simplify theentire concept.Stageil/HI Services Evaluation-Study

Date Aug. 2-Sep. 10, 1982Present ATC services rn.terminal-

areas are dividedinto Basic, Stage II, ,and Stage Jlservices. This conceptshouldbe studied for validation of pilot/controller understanding, requirementsplaced on both, and its relationsip toTCA's and TRSA's.VFR TermnalRoutes-Study Date May'

3-Jun. 11, 1983There has been much concern in.the

area of VFR flight-paths in and aroundmetropolitan areas having large volumesof traffic. These routes should beevaluatedfor.concept, VFR flywaydepiction,.and-services provided.Traffic Patterns (Altitude-Size)-Study

Date'May 3-Jun. 11 1983Traffic patterns, mcluding-horizontal

and vertical limits, lack definition anduniformity. We recogmze thatperformance characteristics ofindividual aircraft create this situation.However, an-evaluation to standardizetraffic patterns should be implementedto help simplify the 'system and defineairspace responsibility.Part 93 Review-Study Date Jan. 3-Feb.

19, 1983These special air traffic, rules are in

need of Teview. This is especially truefor those procedures and regulationstailored for specific locations. Airspacerestructure based-on the NationalAirspace Review may requireamendment or elimination of some rulesunder-Part 93.Part 1'Review--Study Date Mar. 1-Apr.

2,1983The present FAR's andATC system

have increased-rm complexity over-the

past decade.-This has caused a need toreview existing definitions to Insureadequate guidance and reduce thepossibility of misinterpretation. Deletionor changes to current definitions may berequired based on recommendations ofthe National Airspa e Review.

Participants ,

FAA, Western Region, AWE-530FAA, Airspace and Air Traffic Rules

Division, AAT-200Aircraft Owners and Pilots AssociationAir Transport AssociationCommuter Airline Association of

AmericaAirline Pilots AssociationDepartment of DefenseNational Business Aircraft AssociationAir Traffic Control Association

TG 1-5Study .Location-Chicago, IllinoisFacility Shutdown Agreement-Study

Date Oct. 12-Nov. 20, 1981More dependence has been placed on

non-domestic facilities for use In theATC system. -However, no formalagreement is in effect that insuresnotification of shutdown of thosefacilities in sufficient time to allow foradjustment in airspace designation andprocedures. This group would develop aformal memorandum of agreementbetween non-domestic facilities to coverplanned navigational facility shutdowns.Common Airspace and Procedures

Integration-Study Location Feb. 1-Mar. 5, 1982

Present airspace and proceduralapplications are different along USborder areas. This causes confusionamong the flying public as well ascontrol agencies. A study forsimplication and commonality should beconducted.6anadian Airspace Category

Redefinition-Study Date May 10-Jun. 25, 1982

Canada is in the process of redefiningits-airspace by category to simplify theirpresent system. A review of this actionis needed to determine ,compatabilitywith the U.S. system or for possible U.S,adoption.

ParicipantsFAA, EnRoute Procedures Branch,

AAT-330FAA, Airspace Regualtions Branch,

AAT-230FAA, Airway Facilities-ServiceFAA, Western Pacific Region, AWP-530FAA, Midwest Region, AMW-530Transport Canada

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TG -1-6StudyLocation-FAA, Headquarters,

Washington, D.C.Part 189 Elimination-Study Date Mar.

1-Apr. 9, 1982As is the case with all government

regulations, content review is needed toinsure minimal restraints. Part 189, 'TheUse of FAA Communications Systems.'is an area which may no longer beapplicable.Part 77Rewrite-Study Date Apr. 19-

May 7,1982Part 77, 'Objects Affecting Navigable

Airspace,' is an area wich should beanalyzed' and rewritten forsimplification and clarity.Part,91 Reorganization-Study Date Jun.

7-25, 1982Due to -the addition of numerous

regulations to Part 91 over the past 18-years, this Part has become disjointedand complex. Realignment by subjectmaterial isnecessary.Part 91 Subpart B Evaluation-Study

Date Aug. 2-Sept. 17,1982Subpart B, 'Flight Rules,' of Part 91

needs review for sunplification andreduction of regulations. This wouldinclude associated equipmentrequirements.

Participants

FAA, Regulations and EnforcementDivision, AGC-200,

FAA, Airspace and Air Traffic RulesDivision; AAT-200

FAA, Southern Region, ASO-530Aircraft Owners and Pilots AssociationAir Transport AssociationDepartment of DefenseCommuter Airline Association of

AmericaNational Association of State Aviation

OfficialsNaitonalBusiness Aircraft Association

TG2-1Study L6cation-Southern Region

Headquarters, Atlanta, GeorgiaMilitary Training Routes-Study Date

Nov. 1, 1982-Jan. 7,1983The Military Training Route program

should be reviewed, on a national'basis,to determine the adequancy of routedepiction and informationdissemination. An overall review ofexisting procedures forbolh DOD andFAA should be conducted in light ofexperience gained since the programbegan in 1978.Temporary Special Use Airspace-

Study Date Apr. 5-29, 1983-Temporary Special Use Airspace

should be studied for possible changesto increase efficiency of airspace usage.

Areas to be reviewed are lead timerequirements for charting and a meansto accommodate composite training.Special Use Airspace Requirement

Review-Study Date Jun. 21-Jul. 30,1983

Special Use Airspace should bereviewed on a national level to validateitems such as establishment criteria,usage rates, and retention critieria.Real-Time Joint Use-Study Date Sept.

6-Oct. 8,1983The joint use of designated Special

Use Airspace requires closecoordination and cooperation betweenusing and controlling agencies. Theconcept of real-time joint use requires astudy to develop a means to effectivelyand efficiently administer its use.National Security Areas-Study Date

Oct. 18-Nov. 12,1983The concept of National Security

Areas is to provide protective airspacem areas which presently do not qualifyfor special use airspace designation.This concept should be investigatedwith regard to need, criteria, charting,application, and relationship to special-use airspace.Flight Test Areas-Study Date Nov. 22-

Dec. 17,1983Flight test areas are presently not

charted. A review of tis type of activityshould be accomplished to determinethe need for charting and the bestmethod to depict these areas.Separation from Special Use Airspace-

Study Date Jan. 3-28.1984Special use airspace is usually

controlled by the using agency andreleased to them to conduct theiractivities. This has created concern over'buffer zones' and separation fromspecial use airspace boundaries. Astudy is necessary to determine what, ifany, separation requirements should bein effect around these designated areas.Part 73 Evaluation-Study Date Feb. 7-

Mar. 17,1984The FAR's in Part 73 concern special

use airspace. This area should bereviewed for adequacy, redefinition, andsinplification.

ParticipantsFAA, Southern Region, ASO-530FAA, Airspace Regulations, Branch,

AAT-230FAA, Flight Service Procedures Branch,

AAT-360Los Angeles ARTCCDepartment of DefenseNational Association of State Aviation

OfficialsAircraft Owners and Pilots AssociationExperimental Aircraft Association* * * *r

TG 2-2Study Location-FAA Headquarters,

Washington, D.C.Part 75 Elimination--Study Date Nov. 1-

Dec. 10,1982FAR Part 75, 'Establishment of Jet

Routes and Area High Routes' describesspecific fixed routes from FI180 throughFL450. Tis area should be reviewed forpossible exclusion from the regulatory -process since the associated airspace isalready delegated in Part 71.Part 71 Reduction-Study Date Feb. 22-

Apr. Z 1983Tis Part dels with designation of

controlled airspace assignments. Overthe past few years, redundancies havedeveloped due to system requirementson airspace. This area should be studiedfor reduction or possible eliminationfrom the regulatory process.Waivers/Exemption Process Review-

Study Date May 3-Jun. 11, 1983Simplification of the processing of

waiver and exemption applications,along with its delegation of authority,should be reviewed. Tis effort wouldbe in conjunction with Part 91reorganization-to help identifywaiverable rules.ParticipantsFAA, Southern Region, ASO-530FAA, Operations Law Branch, AGC-220FAA, Southwest Region, ASW-530FAA, Airspace and Air Traffic Rules

Division, AAT-200FAA, General Aviation and Commercial

Division, AFO-800* G.- * * *


Washington. D.C.VFR Charting-Study Date Jan. 3-Feb.

19,1983Efforts are under way to improve

information depicted on VFR Charts.While a prototype series is planned,requirements and specifications need tobe reviewed through the InteragencyCartographic Committee for evaluation.Profile Descent Chart Elimination-

Study Date Aug. 2-20,1983There are presently only six charted

profile descent procedures in the U.S.There are plans to move these chartsinto the STAR publication. Profiledescent charted procedures should bereviewed for.

1. Combination within the STARprocedures and charting program.

2. Elimination of the profile descentcharts.RF Charts-Study Date Oct. 11-Nov. 19.

1983The present low and high altitude

eiroute charts need review.

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Federal Register I Vol. 46; No. 153 / Monday, August 10, 1981 / Notices

Simplification and combination withmilitary charting requirements should beconsidered. This would be inconjunction with InteragencyCartographic Committee efforts.Visual Approach Charts-Study Date

Nov. 22-Dec. 17,1983There are an increasing number.of

visual approach procedures beingdeveloped, along with associated charts.This concept should be reviewed withregard to purpose, proceduralapplication, and charting requirements.

RNAV Chart Elimination-,,Study-DateFeb. 7-Mar. 3,1984

The present concept of the fixed routeRNAV system for high altitudeapplication is under review. With tlus inmind, the:need forArea High-RNAVCharts shouldibe studied, This wouldentail transfer of certain RNAVinformation to other publications;

ParticipantsFAA, Airspace and Air Traffic Rules

Division, AAT-200FAA, Southern Region, AAT-530Aircraft Owners andPilots AssociationExperimental Aircraft AssociationAirline Pilots AssociationNational Business Aircraft AssociationDepartment of Defense2NationalAssociation of State Aviation

Officials

TG 2-4Study Location-FAA, Southern Region.

Headquarters, Atlanta, GeorgiaIFR Separation Review-Study Date

Mar. I-Apr. 23, 1983As new equipment and technological

improvements are brought iiito service,accuracy of navigation and control isincreased. Axeview of all ATCseparation criteria is necesary to insuremaximum, yet safe, ntilizatign-of,available airspace.Special VFR/Special IFR Separation

Review-Study Date Aug. 2--Sept. 3,1983

A close-look is required at SpecialVFR/Special ]FR.procedures and theirapplication at high density airports. Thisreview should include xegulatory and/orprocedural requirements.Wake Turbulence Criteria-Study Date

Jan. 3-Feb. 11,1984Wake turbulence has been the subject

of many studies.'This review wouldconcentrate on separation requirementsand an-evaluation of present-criteria.Simultaneous ILS Approach Criteria

Evaluation-Study Date Mar. 6-Apr. 14, 1984

This task-assignment will-encompassILS-approaches to parallel runways andsimultaneous approaches to non-parallelrunways; not necessarily ful ILSapproaches.-A look at approachninumaand distance between runway criteria isplanned.Traffic Segregation by Cat~gory-Study

Date May l-Jun. 2,1984A look at the feasibility of separating

aircraft andrunway use by specificaircraft categories is needed.,Proceduresmaybe developedfor some-airportsusing this concept.Terminal Sequencing and Spacing-

Study Date Jun. 12-Jul. 8,1984A study is necessary to evaluate the

fully automated TerminalSequencingand Spacing piogram to deternune:

1. How to implement theprogram.2. How to integrate 1with Enroite

Metering.ParticipantsFAA, Southern.Region, ASO-530FAA, Atlanta ARTCCFAA, ,iani International TowerDepartment of DefenseCommuter Airline Association of

AmericaAircraft Owners and Pilots AssociationAir Transport AssociationAir Traffic Control Association.

TG 2-5Study Location-FAA, Southwest Region

Headquarters, Fort Worth, TexasHelicopter:Separaton-Study Date Nov.

1-Dec. 10, 1982The umque operating characteristics

of helicopters andtheir increased use inthe ATC system require a review ofseparation:criteriajpresently employedwith the possibility ofreductioninsomeinstances.Helicopter Rbute-StudyDate May 3-

June 11, 1983The possibility of special routes into'

and out of major terminals that wouldavoid the standard flow-of traffic shouldbe evaluated.This would provide theneeded flexibility to make maximum useof termmal airspace -while meeting theneeds of the helicopter community.Helicopter Charts-Study Date June 21-

Jul. 23, 1983The.concept of,separate charts for-

helicopters should be evaluated toprovide the specialized informationrequired -to meet-their needs. This groupwould make recommendations on:

1. The need for separate -charts.2. What should be depicted.

Helicopter Instrument ApproachProcedures-Study Date Sept. 6-Oct.'8,'1983

The possibility of special-helicopterinstrument approach procedures with

reduced development criteria andmmnima should be.evaluated.Particpants

FAA, Northeast Region, ANE-530FAA, ATC Procedures Division, AAT-

300FAA, Southwest Region, ASW-530FAA, Air Transport Division, AFO-200FAA, Aircraft Programs Division, AFO-

700Department of DefenseHelicopter Association International


Washington, D.C.ARTCC Boundary Review-Study Date

Jan. 3-Feb. 26, 1983With the implementation of Enrouie

Metering and Random Routes, a needwill exist to revise ARTCC boundariesto accommodate traffic flow changes.This task group will evaluate thepossibility of establishing criteria forARTCC boundary placement to mosteffectively match traffic flows andreduce the need for altitude/routerestrictions caused by presentalignment.National Beacon Code Allocation Plan

(NBCAP)-Study Date Mar. 15-Apr,9, 1983

A review should be conducted withregard to the concept of NBCAP, itsadequacy for providing-code allocation,and operational effectiveness.

Participants

FAA, At1C Procedures Division, AAT-300

FAA, Airspace and Air traffic RulesDivision, AAT-200

FAA, NortheastRegion, ANE-530FAA, Southern Region, ASO-530FAA, Southwest Region, ASW-530

TG 3-1Study Location-FAA, Central Region

Headquarters, Kansas City, MissouriAdditional Services IFR/VFR-Study

Date Mar. 20-May.28, 1984TheATC sys!em provides many

additional services to users such astraffic advisories, weather information,etc. This area should be reviewed todetermine if services provided aresufficient to meet the needs of theaviation community. The task groupwould.be expected to makerecommendations as to specificimprovements that may be necessary,Parachute and Glide Operations-Study

Date June 5-July. 14,1984

Parachute and glider operations areincreasing in number and are having

I I Ill I II I I I I I

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more effect on the ATC system. Theseareas need review with regard tounpact, information dissemination, andadvisory/flighft following services.Airport Information Service-Study

Date July 31-Aug. 25,1984A review of the use and -content of

airport information service broadcasts isnecessary. There is a need to identifyessential and non-essential informationto keep these-broadcasts short andconcise.

ParticipantsFAA, Central Region, ACF,-530FAA, Flight Service Procedures Branch,

AAT-360Chicago ARTCCExperimental Aircraft AssociationAircraft Owners and Pilots AssociationDepartment of DefenseSoaring Society of America-Parachute Association of-America

TG 3-2Study Location-FAA,-Western Pacific

Region Headquarters, Seattle,Washington

NOTAM Evaluation-Study Date Apr.17-May 26,1984.

The Notice to Airmen system hasgrown complex and large. It should.bereviewed for sunplification,recategorzation, and disseminationimprovement.Flight Plan Format-Study Date July31-

Sept. 15, 1984There- are presently separate

requirements and format forinternational, military, and cil flightplanning. Each Flight,plan-requirementshould be studied for commonality andpossible combination into one,:simple,uniform format.Flight Data Dissemination-Study Date

Sept. 25-Oct. 3,1984The amount of infiormation available

to the flying public is growing at anincreasing rate. This area needs study todetermine adequacy and priority inregard to user requirements. It shouldalso include military activity and aiortinformation.

ParticipantsFAA, Alaskan-Region, AAL-530FAA, Western-Pacific Region, AWP-530 -FAA, Flight Service Procedures Branch,

AAT-360-FAA, Oakland Flight Service StationCommuter Airline-Association of

AmericaAircraft Owners and Pilots AssociationDepartment of Defense

Air Transport Association


Washington, D.C.International Delegated Airspace-

Studyl~ate.Nov. 22,1983-Jan..21,1984

The area-rom-the-continental-limits tothe Flight Information.Regioi MFIR)/Control Area (CTA) lacks commonalityand creates confusion in airspacedesignationand procedural application.This area needs xevew forsimplification and to reduce -redundancies.Consoliation of U.S. Oceanic ATC

Control Centers-Study Date Oct.23-Dec. 1, 1984

There are presently seven ARTCC's inthe U.S. which.exercisemceamiczontrol.Consolidation should be studied tosimplify and provide uniformity inapplication of oceanic procedures in the-ATC system.Continental Airspace Expansion-:-Study

Date-Jan. 7-Feb. 15, 1985--Inconjunctiontwith the InternationalCivil Aviation Organization (ICAO),a request has been received toexpand the U.S.-continental limitsfromits.present.3-miile limit toa 12-mile limit offshore. This area needsstudy to determine the impact oncivil and military operations.

ParticipantsFAA-, Airspace and Air Traffic Rules

Division, AAT-200FAA, ATC Procedures Division, AAT-"

300FAA, Office of International AffairsFAA, Southern Region, ASO-530FAA, Northeast Region, ANE-530Department of DefenseAir Transport Association

- Helicopter-Association International

Study Location-FAA Headquarters,Washington, D.C.

The organizational structure of thefollowing FAA handbooks should bereviewed and recommendations made tomake data easier to find. Theldirectionof this study is more towards structurethan content.FAAH 7210.3-Facility Operations and

AdministrationStudy Date Jan. 31-Mar. 17,1984.FAAH 7-110.10-Flight ServicesStudy Date July. 31-Sept. 15,1984.FAAH 7930.02-NOTAM SystemStudyDate Oct. 23-Dec. 8,1984.FAAH 7110.80-Data CommunicationsStudy Date Feb. 25-Apr. 11, 1985.ParticipantsFAA Southwest Region, ASW-530FAA, Flight Service Procedures Branch,

AAT-360FAA, Northeast Region, ANE-530

FAA, Enroute Procedure Branch, AAT-330

FAA. FSS and Leased ServicesCommunications RequirementsBranch, AAT-140

Professional Air Traffic ControllersQrganization


Washington, D.C.The.organizational structure of the

following FAA handbooks should bereviewed and recommendations made to'make data easier to find. The directionof this study is more towards structurethan content.FAAH 7110.65-Air Traffic ControlStudy Date Mar. 20-May 5,1984.FAAH 7610.4-Special Military

OperationsStudy Date Aug. 28-Oct. 13,1984.FAAH 7110.83-Oceanic Air Traffic

ControlStudy Date Jan. 7-Feb. 22,1985.FAAH 7210.7-Flow Control ProceduresStudy Date Feb. 25-Apr. 11, 1985.

ParticipantsFAA, Southern Region, ASW-530FAA, ATC Procedures Division, AAT-

300FAA, ATC Operations Division AAT-

400Department of DefenseProfessional Air Traffic Controllers

Organization

TG 3-6Study Location- AA Headquarters,

Washington, .C.The handbooks and manuals

contained within this group should beupdated and reorganized. They shouldbe reviewed with regard to state-of-the-artimprovments m airborne and groundbased equipment.Airmen's Informqtion ManualStudy Date May 8-June. 23,1984.FAAH 7130.3-holding Pattern CriteriaStudy Date Sept. 25-Nov. 10,1984.FAAH 7400.2-Airspace MattersStudy Date Nov. 13-Dec. 221984.

Particip ntsFAA, Airspace and Air Traffic Rules

Division, AAT-200

FAA, Office of Flight OperationsFAA. ATC Procedures Division. AAT-

300

Dated: August 5.1981.R.J.VanVuren,Director Air Traffic Service, FederalAvjation Adminstration.


40659


NATIONAL AIRSPACE REVIEW

ADMINISTRATIVE ORGANIZATION

MAJOR TASK AREAS

40660

Federal Register / Vol.46,'No. 153 /Monday, August 10, 19811 Notices 40661

40662 Federal Register /Vol. 46, No. 153 /Monday, August 10, 1981/ Notices

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Part V

Department of theInteriorFish and Wildlife Service

Reclassification of the American Alligator.in Louisiana


DEPARTMENT OF THE INTERIORFish and Wildlife Service

50 CFR Part 17

Reclassification of the AmericanAlligator in LouisianaAGENCY: Fish and Wildlife Service,Interior.ACTION: Final rule.

SUMMARY: The Service reclassifies theAmerican alligator (Alligatormississipplensis) in 52 parishes inLouisiana, where the species is nowclassified as Endangered or Threatened,to the status of Threatened under theSimilarity of Appearance provisions ofthe Endangered Species Act of 1973, asamended. Alligators in the other 12Louisiana parishes are alreadyclassified as Threatened due toSimilarity of Appearance by actionswhich took place in 1975 and 1979. Thischange is based on evidence that thespecies is no longer Endangered orThreatened in the subject area, havingrecovered from the former low numbersin response to curtailment of excessiveharvest as. aresul.oeffectiveenforcement of laws and regulations bythe State of Louisiana and the Service.This action is a formal recognitioii bythe Service of biological recovery of thealligator in Louisiana. The State nowhas an option to institute harvest ofalligators' on, a statewide basis inaccordance with the Service's specialrule on Threatened alligators andexisting State laws. Minor clarificationsof the. boundary between Endangered.and Threatened alligators in. SouthCarolina and Georgia are also beingmade..DATES: This rule becomes effectiveimmediately.ADDRESSES: Questions concerning thisaction may be addressed to the AreaManager, Jackson Area Office, U.S. Fishand Wildlife Service, 200 EastPascagoula Sfreet, Suite 300, Jackson,Mississippi 39201. Comments andmaterials relating to this rule will-beavailable for public inspection duringnormal business.hours at the aboveaddress.FOR FURTHER INFORMATION CONTACT:Mr. Dennis B. Jordan, Assistant AreaManager, Endangered Species, JacksonArea Office, U.S. Fish and WildlifeService, Jackson, Mississippi 39201,telephone FTS 490-4900 or commercial601/960-4900.SUPPLEMENTARY INFORMATION:Background

The American alligator (Alligator

mississppensis)Joccurs m varyingdensities in wetland habitats throughoutthe Southeast including all or parts ofthe following States: Alabama,Arkansas, Georgia, Florida, Louisiana,Mississippi, Oklahoma, North Carolina,South Carolina,.and Texas.

Thealligator was first classified asEndangered throughout its range in 1967due to a reduction, in its numbers fromhunting and poaching. Subsequently, inresponse to strict Federal and Stateprotection, the alligator recoveredrapidly in many parts of its rangeenabling the Service to undertake thefollowing reclassification actions: (1)reclassification to Threatened due toSimilarity of Appearance in threecoastal parishes of Louisiana reflectingcomplete recovery, (September 26,1975-40 FR 44412); (2) reclassificationto Threatened, reflecting partialrecovery, in all of Florida and certaincoastal areas in South Carolina,,Georgia, Louisiana, and Texas (January10, 1977--42 FR 2071); (3] reclassificationto Threatened due to Similarity ofAppearance, again reflecting completerecovery, in nne additional parishes ofLouisiana (June 25, 1979-44 FR 37130).Th-e latte-r rebassification was based ona July 30, 1976, petition from GovernorEdwin, Edwards of Louisiana andsubsequent supporting data submittedby the State on April 12, 1977; December7, 1977; and June 14, 1978. The details ofthese data may be obtained byconsulting the proposed rule of October2,.1978 (43FR 45513) and the June 25,1979. finalrule cited above.

The parishes now included under theThreatened-due' to- Similarity ofAppearance status include: Cameron,Calcasieu, and Vermilion reclassified in.1975, and St. Mary, Terrebonne, Iberia,Lafourche, St. Charles, Jefferson,Plaquemines, St. Bernard, and St.Tammany reclassified in 1979. In anotice of October 2, 1978 (43 FR 45512],and in the June 25,1979, final rule citedabove, the Service stated that itwouldcontinue to review the status ofthealligator in the remaining parishes ofLouisiana. Alligators in these remainingparishes were classified as eitherEndangered or Threatened, theEndangered and Threatened populationsbeing separated by a dividing lineprescribed in the Service's special ruleon Threatened alligators, 50 CFR17.42(a)(1), as follows:

From the Mississippi-Louisiana border atthe Gulf of Mexico north along this border toits junction with U.S. Interstate HighwaylO,thence west on U.S. Highway 10 to junction,with U.S. Interstate Highway 12; thence-westof U.S. Highway 12 to Baton Rouge,Louisiana; thence north and west along

corporate limits of Baton Rouge to U.S.Highway 190; thence west on U.S. Highway19I to junction with Louisiana State Highway12.at Ragley, Louisiana; thence west onLouisiana State'Highway 12 to theBeau'iegard-Calcasieu Parish- border, thencenorth and west along this border to theTexas-Louisiana State border. ,

In June 1979, the Service's Jackson,Mississippi, Area Office contracted withDr. R. H. Chabreck of Louisiana StateUniversity to compile a status review ofexisting scientific and commercial dataon the species in Louisiana. Chabreck'sreport recommends reclassification ofthe alligator throughout the State ofLouisiana in view of current protection,numbers of alligators, and an abundanceof alligator habitat. Chabreck's reportalso states that hisorginal 1965estimate of 35,000-40,000 animals withinthe State was extremely conservative,and that "a more realistic estimate ofthe 1966 statewide population would beabout 100,000 animals."

To further enhance understanding ofalligator population biology, in June 1980the Service began working with DaveTaylor, Wildlife Biologist with theLouisiana Department of Wildlife andFisheries, who prepared an additionalreport which outlines a new alligatorpopulation analysis concentrating on thecentral and northern portions of theState. This report and a previous oneprepared.in 1978 provide a biologicalanalysis of alligator populations in non-marsh habitats (Taylor, 1978 and Taylor,1980). Most importantly, Taylor's 1980report provides evidence that alligatorpopulation structure is stable, beinglimited by the support capability of thehabitat, and that no further significantincreases in alligator numbers can beexpected. Furthermore, as discussedlater in this rule, alligator habitat withinthe State is abundant and relativelysecure. The Service believes that thesedata support the conclusion thatalligators throughout the State ofLouisiana are no longer Endangered orThreatened, and that their status shouldbe changed.

However, because of similarity ofappearance, it is still necessary toimpose some restrictions on commercialactivities involving specimens taken Inthis State to insure the conservation ofother alligator populations as well asother crocodilians that are Threatenedor Endangered.

Section 4(e) of the Act authorized thetreatment of a species (or subspecies orgroup ofwildlife in common spatialarrangement) as an Endangered orThreatened species even though it is not

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Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 /Rules and Regulations

otherwise listed as Endangered orTJireatened, if it is found: (a) that thespecies so closely resembles inappearance an Endangered orThreatened species that enforcementpersonnel would have substantial,difficulty in differentiating betweenlisted and unlisted species; (b] that theeffect of this substantial difficulty is anadditional threat to the Endangered orThreatened species; and (c] that suchtreatment of an-unlisted species willsubstantially facilitate the enforcementand further the policy of the Act.

The Service-currently treats the groupof American alligators found in the 12parishes-cited above as Threatenedbecause of their similarity ofappearance to other groups of Americanalligators, as well as other crocodilians,that are listed as-Threatened orEndangered. Certain restrictions areimposed on commercial activitiesinvolving specimens taken from theseparishes, as is discussed below, toinsure the conservation of theseEndangered or Threatened alligatorsand other crocodilians. The Service nowwill treat the group of American-alligators-found-in-the-remaining-parishes as Threatened because ofsimilarity of appearance, and imposesimilar restrictions on commercialactivities involving specimens takenfrom those parishes.

Review of the boundary betweenEndangered and Threatened alligatorsin South Carolina contained in-50 CFR17.42(a), the American alligator specialrule, has revealed a minor 2-mile gapnear Walterboro, South Carolina. TheService is closing this gap by inserting a2-mile stretch of State Highway-63 intothe boundary, and.adding phrasesindicating where the boundary crossesfrom South Carolina into Georgia onU.S. Interstate Highway 95.

Summary of Comments andRecommendations

In the May 1.1981, Federal Register,proposed-rule (46 FR 24607), associatednotifications, and news releases, allinterested parties were requested tosubmit comments or suggestionsconcermng any spect of the proposedaction. Letters soliciting comments andsuggestions on the proposed rule weresent to Governors and StateConservation Departments in all Stateswithin the historic range of Alligatormississippiensis, as well as to variousconservation and environmentalorganizations and local parish boardswithin the State of Louisiana. Allcomments received during the periodMay 1,1981, through June 30, 1981, aresummarized below.

The Governor of Louisianacommented that he concurred with theproposed action. He noted that tlusaction would provide the option forexpanding State alligator managementto additional areas of Louisiana and thatdue to the urgent need for suchmanagement, the additional 30 daycomment period for the Governor wouldbe waived.

The Governor of Arkansascommented that after conference withthe Arkansas Game and FishComnssion, he supported the proposedaction. He noted further that he did notbelieve increased volume of alligatorexports would be detrimental to thesurvival of the alligator or othercrocodilians.

The Executive Director of the FloridaGame and Fresh Water FishCommission indicated that he supportedthe proposal. The Director of the Gameand.Fish Division, Georgia Departmentof Natural Resources commented thatthe Service should formally recognizethe biological recovery of the alligator inLouisiana.

The St. James Parish Council and theSt. Mary Parish Police Jury in Lolsianacommented that the rules andregulations set by the Fish and WildlifeService were acceptable. The latter alsorecommended that the legal size ofalligators (for harvest) be increasedfrom 4 feet to 5 feet and predicted thatillegal killing of alligators strictly formeat will cause grave consequences tothe alligator population m future years.Service response: The LouisianaDepartment of Wildlife and Fisheriesestablished size and take limitations.The views pertaining to illegal takestrictly for meat are noted. However, theService believes that existinj rules andregulations enforced by the State andService are sufficient to control all butinsignificant levels of illegal activity, -

and that these levels will not adverselyaffect population strength.

Dr. Robert A. Thomas, on behalf ofthe Environmental Quality Committee ofthe American Society of Ichthyologistsand Herpetologists, endorsed theproposal with the understanding that theLomsiana Department of Wildlife andFisheries and U.S. Fish and WildlifeService closely monitor the status of thealligator and react promptly to anyadverse change in population size and/or structure. Service Response:Monitoring of alligator populations andsize class structures is an essential partof the management program of theLouisiana Department of Wildlife andFisheries. The Service will continue towork closely with.the State of Louisianaon this species.

The Chairman of the ICUN/SSCCrocodile Specialist Group, Dr. HowardW. Campbell, commented that alligatorpopulations in Louisiana appear to be inhealthy condition and that he suspectedthat reclassification would not result inany negative effects. Dr. Campbellfurther stated: "My only reservation iswith regard to the relative abundance ofthe alligator in the areas proposed (fordelisting) as compared to areas notincluded in the proposal. There aremany areas in Florida and some inGeorgia and Texas which have fully asmany'gators and many of these areashave quite a few more 'gators than dothese Louisiana areas. It strikes me asquite inconsistent and not at all to theService's credit to see the alligator withsuch a hodge-podge of status areaswhich bear so little resemblance to theactual abundance of the species in thevarious areas. I would recommend thatthe Service cease dealing with the "gatorin tus crazy-quilt fashion and prepare arangewide reclassification thatrecognizes the actual data available."Service response: The Service hasconsidered Dr. Campbell'srecommendation. The Serviceemphasizes, however, that in addition tothe current biological status of alligatorpopulations, consideration must begiven to habitat trends and the existenceof sufficient regulatory mechanisms toensure perpetuation of the species inhealthy numbers. The status of thealligator in Louisiana was evaluated interms of all these factors and these'factors must be considered during anyfuture status assessments.

The Alligator Recovery Teamindicated that the team is in agreementwith the proposed change.

A private citizen from Carencro,Louisiana, commented that no newareas of Louisiana should be opened toalligator hunting and that those areasnow opened should be closed. He madeseveral further points: (1) that hunting ofalligator is extremely cruel and totallyunnecessary; (2) wetlands are damagedby hunters and poachers who are merelysupplying a luxury item to a wealthyfew for personal gain; and (3) as far asits protected status is concerned, it isnot necessary to kill an animal in orderto protect it. Service response: TheService proposal will make available toLouisiana the option for expandedharvests. The decision to do so restswith the State of Louisiana. The Servicereclassification proposal is based uponthe biological status of the species.Lotusiana's recent harvest programshave demonstrated no effect on year toyear numbers of alligators in areashunted and therefore are considered to

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40666, Federal Register / Vol. 46; No. 153 / Monday; August 10, 1981 / Rules and Regulations.

'have no, effect on biological, status. Nodata was, presented whlch-contradictsthis conclusion.

A landowner in VillePlatte,Louisiana, commented that he. wouldlike: to. harvest ,some alligators from two-lakes on his property.

Two publicmeetings were: held at1p.m. and7 pam orMay 28,. 1981, at theLouisiana, State University UnionColonnade Room, Baton Rouge,Louisiana. & total of 70 people.attendedthe two- meetings Presentationsconcerning Alligator mssissipprensiswere madeby Service personnel.Statements and questionsfrom the:audience were. then entertained TheAssistant Secretary.Louisiana ',Departmentof.Wildlife and fisheries,noted that the&State; of Louisianahadproposedreclassification.and return ofmanagement authority for the alligatorin 1976,, and that in his opinion theService should have acted on this-proposal long ago. He encouraged, thetimely adoption: of a final-rule effectingthe proposed change. He, then discussedthe State's alligator managementprogram and plans for the. future inthose areas outside the marsh whereharvests may be allowed. Servicereponse:,Most of the data from whiclhzsound biological conclusions could bedrawn for non-marsh Louisiana were-presented in a 1980 report by DaveTaylor of the Louisiana Department ofWildlife and Fisheries.

Fourteen comments were-made atthese twopublic meetings. The onlyunfavorable commenfs were made on:behalf of the Fund for Animals; Inc.They suggested that the final decisionon the proposal:should be: delayed forl -year. The Fund found it "unbelievablethat the * * * Fish and Wildlife Serviceis going, to. take action on such animportant issue; based upon data,unchecked by it, which is furnished bythe applicant." They furtherquestionedthe openingof areas -to harvestinginnon-marsh areasbecause of loss ofhabitat. They concluded that "Webelieve,, and it is the Fund'sposition,that this:proposition is-not based onsound data, on, verifiable data. Webelieve that such. data, should beobtained independently of the applicantbefore this decision is made.' Servicereponse: The-Fund for Animals iscorrect instating that a large part of thedata considered. essential~to the.proposed actionwas provided by, theState ofLouisiana.-.However, Servicepersonnel participatedin the gatheringand analysis of data.and the Service:decision, to proposedreclassificationwas based upon. its. independent reviewand evaluation of data supplied. by the

State of Louisiana. The Service believesthese data, were collected in aprofessional manner and provide, ascientifically sound and-unbfasedassement of alligator status in.Louisiana. The question. of loss ofhabitat is discussed in dqtail below.

The remaining comments supportedthe proposal. The Commissioner,Louisiana Department of Wildlife andFisheries; the Director of the NationalAlligator Association; andrepresentatives of several largelandowning corporation as-well asseveraf~private individuals. madecomments. However, none of theseremaining comments contained datawhich add to or detract from. theService's assessment of alligator statusin Louisiana:

Summary of Status FindingsAftera thorough review and

consideration. of all information,available, the Director has determinedthe status of AlIigatormississfppiensis(American, alligator) in 52 parishes in.Louisiana, where the species is nowclassified as Endangered or Threatened,to be Threatened under the Similarity of,Appearance provisions of theEndangered Species Act of 1973, asamended.,

The Service's listing-regulations at 50CFR 424.11Cbh.state:

A species shall be listed if theDirectordetermines.on the basis of the-best scientificand commercial data available to' himafter-conducting a review of the species' statusthat the species-is Endangered or Threateiedbecause of any one or more combinations ofthe following:factors:

(1) ThL-present or threatened-destruction.modification, or curtailment of its habitat orrange;

Utilization for commercial, sporting,scientific, or educational purposes at levelsthat detrimentally affect it;

(3)'Disease- or predation;(4) Absence-of regulatory mechanisms

adequate. to.prevent the decline ofa speciesor degradation of its-habitat; and

(5) Other natural or manmadefactorsaffecting its continued existence.

The regulations furtherstate, m424.11(d),.that:"

The factors for removing ir species from thelist are those in paragraph (b] of this section.The data to. support such removal; must be thebest scientific. and commerical data availableto the Director to;substantiate that thespecies is neither Endangered nor Threatenedfor one or more.of the, following reasons:

(1) Extinction. Unless each individual of thelisted species was previously identified andlocated', a sufficient period ofrtime must beallowed befbre delisting to clearly, insure thatthe species, is in fact extinct.

(2):Recovery of the species.The principalgoal of the Service is to retjiun listed.speciesto a point at which protection under the Act

is no longer required. A, species: may bedelisted if evidence shows that it Is no longerEndangered.or Threatened.(3) Original data for classification In error.

Subsequent investigations may'produce data,that show that the.best scientific orcommerical data available at, the time thespecies was listed were in error.

These findings are summarized hereinunder each of theLfive criteria of424.11(b). These factors, and theirapplication toL the American alligatorinLouisiana, are as follows:,

1. The present or threateneddestruction,modifrcation, or curtailmentof its habitat or range. The total size ofalligator populationsin the areas whichare the subject of this proposal'Is greatlyinfluenced by the amount of aquatic orwetland habitat available. Examples ofthese habitat are, rivers, bayous,,canals,lakes. ponds, marshes, and swamps, Thetotal amount of wetlands in-Lquisiana,estimated by. Chabreck (1980) to be6,397,272 acres, (2,589,988 ha), does not,in total, constitute usable alligatorhabitat. McNease and Joanen (1978)report that the portion of marshlandhabitat suitable for alligators isapproximately 3.2,million acres'(1.295,022ha) and' is made up- of fresh,intermediate, and brackish marsh, types.,Although alligators occur in salinitiesabove 10"parts per thousand, nesting.apparently does not occur above- thisisohaline line (Joanen and.McNease,1972); therefore, the remainingmarshlands are not considered as.alligator habitat.

Taylor (1980) indicated that im thenon-marsh portions of the-State,,permanently floodeclareas with woodyand herbaceous cover dominated bybald cypress and tupelo gum apparentlyproduce even higher densities ofalligators in many instances thanmarshland habitats. This cypress-tupelbhabitat type is well represented insoutheastern Louisiana and in theAtchafalaya Basin, but also includesportions of many natural lakes and man-made reservoirs in the centraf andnorthern parts of the State. Theestimatedl1,500 miles of streams,,particularly in middle and northernsections of the State support alligators,only to the extent permited by thepresence of cypress-tupelo oxbows andmarshlands associated.with the streams,Streams without adjacent permanentlyinundated cypress-tupelo, or marshlandhabitat areas constitute poor qualityhabitat and support insignificantalligator numbers. A gross minimumestimationfornon-marsh alligator'habitat in Louisiana was provided byTaylor (1980) and consists of 803,840! •acres (325,309 ha) of cypress-tupelo-

Federal Register / Vol. 46, No. 153 J Monday, August -10, 1981 / Rules and Regulations

associations -wth permanent waterlevels, and 1,500 linear miles (932kilometers) of upland streams.

Frug6 (1980) cites recent data gatheredby the Service's National CoastalEcosystems Team-that indicate a currentloss of marshes of appro)mately 22,000.acres (9,000 ha] per year due to land lossand deterioration caused by salt waterintrusion. The land loss is caused byreduction-of sediment and overflowdeposition-due to levee construction andnavigation channel:excavation,.and saltwater intrusionis. caused-by-channelexcavation: Chabreck (1980) andMacDonald et al (1979] projectedbottomland hardwoodihabitat lossesthrough thr-years-2000 and 1995, at 13.1percent and-24 percent. respectively, but-these are-notJosses of productive-alligator habitat. As .discussed above,seasonally flooded and unfloodedbottomlands do not contain all the '

necessary features-of productivealligator.habitat. The cypress-tupelohabitat in permanently flooded areas isnot'projected-to-change through the year1995. The igh-water table rnsuch areasmakes drainage -and clearing for ,,agricultural and other usesaiot feasiblein these prime alligator habitat areas.

In summary, marshland alligatorhabitat is:currently being-reducedat anestimatedrate of only 0.7 percent peryear,.-and'thep ermanently floodedcypress-tupelo.2ssociation'and openwater acreages arenotprojected tochange. Theatatewide estimate ofgood.habitat is approximately 4 million acresof high quality miarshlandand-cypress-tupelo swampland. Itis concluded,therefore, that habitat alteration andloss jiose.no serious threat to alligatorpopulations m Louisiana-within theforeseeablefuture.

2. Utilization for commercia,sporting, sbientfi-,, or educationalpurposes at levels that detrbinntallyaffect it. The commercial aemandforproducts from alligators, including hides,teeth, and meat for consumption, is high.This demand and the harvest generatedbythe demand-were responsiblelor adecline in alligators throughout theirrange in the early 1960's (with someexceptions such as onjanctuaries andwildlife refuges). This decline wasreversed by .the following actions: (1)The State of ouisiana closed alligatorseasonsin 1964; (2] The Lacey Act wasamended in 1969 to include control ofinterstate commerce in reptiles; (3) TheEndangered Species Act was passed in1973. State and Federal.authoritiesvigorously enforced these protectivemechanisms. . I..

Taylor.(1980) provides evidence thatunder strict protection, reproductivecapability of the species provides for

rapid recovery. Size-class frequenciesfound in night iounts and harvests are-ot statistically different, suggestive of astable population. A comparisonbetween size-class frequencies found innon-marsh night counts and hidemeasurements from harvested areasalso shows no statistical difference inpopulation structure. Furthermore, acomparison of population structure,based upon time-specific views fromeach of the years 1975-80,-shows notrend toward shrinkage of adult size-class ratios or increasing adult size-classratios, either of which would beindicative of populations moving awayfrom stability.

These data indicate alligators in theState are not-bemg detrimentallyaffected by legal harvests in marshlandparishes or-illegal taking in marsh ornon-marsh areas. Some illegal takingundoubtedlycontinues to occur, but theService's law.enforcementefforts havereduced.tlis to insignificant levelsrelative to .the total population. Theinaccessibility of manynon-marshhabitats furthehelps-to protect.thespecies in these areas.

In very restricted areas of highrecreational and/orxesidential use,when human-alligator conflicts .continueto be a problem, over-utilization formanagement purposes may beundertaken to achieve reduction mnumbers of larger, more dangerousanimals if there is no other viablealternative. Such areas -represent aninsignificant part of statewide alligatorhabitat.

3. Disease or predation. Alligatorssuffer various types of disease.andpredation, as do all wildlife species, butthese factors are not excessive and arenot known to have hindered alligatorrecovery.

4. Absence of eiistingxeguiatorymechanisms adeguate to prevent thedecline of a species or degradation ofitshabitaL Existingregulations forprotection and management of thealligator include the following State andFederal laws and regulations: (A]Louisiana statutes governing transportof alligator meat and parts; (B] The 1969Amendments to the Lacey Act whichextended Federal law enforcementauthority to include interstate movementof reptiles; [C) The Endangered SpeciesAct of 1973, wuch provides mandatoryprotection for Endangered alligators; (D)Special Rules promulgated by theService for Threatened (includingSimilarity of Appearance) alligators,which govern taking and commerce inalligator products; [E)'The annualfindings of the Scientific andManagement Authority of the Service,which govern the export of species,

including the alligator, listed onAppendix I of the Convention onInternational Trade in EndangeredSpecies of WildlifeFauna and Flora(CITES).

The success of efforts by State andFederal agencies to stop illegal activityinvolving alligators is evidenced by therecovery of populations throughout theState of Louisiana. This example ofresponse to protection isnot withoutprecedent. Chabreck's report describesthis process as being reported byMcllhenny (1935] on three newlyestablished wildlife refuges that hadbeen-previously subjected to excessiveharvests.

Controlled harvests have been carriedout annually in southwestern Louisianasince 1972, with the exception of 1974and 1978. Close supervision by theLouisiana Department of Wildlife andFisheries includesmumerous safeguardsto keep the alligator harvest withinpredetermined limits and areas. Withinthe constraints reqiredby the ServicesSpecial Rules and CITES authorities, theStateprogram in operated along thefollowing guidelines: (1) an annualiventory is conducted to determinepopulation abundance by habitat typewithin each parish; (2) annual harvestquotas are established based onpopulation abundance by habitat typeand parish; (3] harvests are allowedonly on lands owned or leased by thehunter, (4] tags are issued uponapplication by a hunter on a basis of theacreage involved and-the predeterminedharvest rate for that particular area; (5]all tags are serially numbered, self-locking, and must be accounted for atthe end of the season, with one tagissued for each alligator to be harvested;(6] the harvest is conducted inSeptember after incubation iscompleted; (7) "pole hunting" isprohibited in order to reduce the takingof breeding females in interior marshhabitats; (8) special skinninginstructions are issued shortly beforethe season opens to prohibit previouslytaken skins from entering commerce;, (9]shooting is limited to daytime to.facilitate enforcement efforts; (10) at theclose of the season all unused tags arecollected by State agents, all harvestedalligators are inspected, and the tag ,number and skin size recorded; (11] allhunters, buyers, and dealers must obtaina State license which is subject toannual renewal; (12) all containers usedfor packaging must be tagged and thecontents. identified; (13] Stateenforcement personnel are assigned thetask of monitoring the alligator harvestprogram.

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40668 Federal Register / Vol. 46, No. 153 / Monday, August 10, 1981 / Rules and Regulations

The State is committed under theabove-mentioned guidelines andregulations to a similarly regulatedprogram in other areas of the State if itelects to implement further harvest inother portions of the State.

The Service considers thosem9chanisms adequate at present toprotect the alligator population inLouisiana.

5. Other natural or man-made factorsaffecting its continued existence.Although other factors may occasionallyhave an affect on some alligators-forexample freezes and nest flooding-none of these are known to have limitedrecovery of the alligator in Louisiana norare they expected to become threateningfactors in the future.ReferencesAnonymous. 1975. The Louisiana Almanac.

Pelican Publishing Company. Gretna,Louisiana.

Chabreck, R. H. 1980. Status of the Americanalligator in Louisiana and in Baldwin andMobile Counties, Alabama. Contract reportprepared for the Fish and Wildlife Service.

Frug6, David W. 1980. Effects of wetlandchanges of fish and wildlife resources ofcoastal Louisiana. Paper presented atFreshwater Inflow Symposium. SanAntonio, Texas.

Joanen, T. and Larry McNease. 1978.Population and classification status of theAmerican alligator. Paper presented atI.U.C.N.. Survival Service Commission.Crocodile Specialist Group, Madras, India.February 1978.

MacDonald, P. 0.. W. E. Frayer, and J. K.Clavser. 199. Documentation chronology,and future projections of bottomlandhardwood habitat loss in the lowerMississippi alluvial plain. Contract reportprepared for the Ecological ServicesDivision, U.S. Fish and Wildlife Service.

McIlhenny, E. A. 1935. The Alligator's LifeHistory. The Christopher Publishing House,Boston, MA.

McNease, Larry and Ted Joanen. 1978.Distribution and relative abundance of thealligator in Louisiana coastal marshes.Paper presented at 32nd Annual meeting ofS.E. Association of Fish and WildlifeAgencies, Hot Springs, Virginia, November5-8, 1978.

Taylor, Dave. 1978. An alligator populationmodel and population estimate for northLouisiana. Unpublished report.

Taylor, Dave. 1980. An alligator populationmodel and associated minimum populationestimate for non-marsh alligator habitat inLouisiana. Unpublished report, LouisianaDepartment of Wildlife and Fisheries.

Note.-All cited references, includingunpublished reports, are available in theService's Jackson Area Office, Ja kson,Mississippi.

Effects of the RuleThis rule changes the status of the

alligator in Louisiana from its current

status, which is Endangered orThreatened in all but 12 parishes of theState, to a statewide status of Treatenedby reason of Similarity of Appearance. Itis a formal recognition by the Service ofbiological recovery of the Americanalligator in part of its range. This ruleresults in a removal of Federal agencyresponsibilities under Section 7 of theEndangered Species Act. No adverseeffects on the status of this species areexpectbd to occur from this removal.

This rule makes available to the Statethe option for expanding alligatorharvests from the present 12 parishes toadditional areas. If the State elects toexpand its alligator program, harvestswill increase at a level commensuratewith development and implementationof an expanded management program(and may represent 4 percent of thestatewide alligator population estimate).The economic value of the alligatorresource under a sustained yield schemewill provide economic benefits toLouisiana trappers and othersparticipating, in the commercial process.It has been suggested that legalizedharvest of alligators will increase theirvalue, thereby encouraging soundmanagement and reducingindiscriminate, illegal killing by thosewho believe they may be adverselyaffected by high alligator populations.

Expanded harvests are expected toincrease the workloads of the StateDepartment of Wildlife and Fisheries,the Louisiana Department of Health, andthe Service's Division of LawEnforcement. Conversely, expandedharvests are expected to reduce thenumber of nuisance alligator complaints,resulting in a corresponding reduction inmanpower commitment devoted tohandling nuisance alligators. Localgovernments involved in catching andremoving nuisance alligators willreceive some relief if the number oflarger, more dangerous alligators arereduced in areas with human-alligatorconflicts.

Increased harvest of alligators inLouisiani will create the potential for anincreased volume of alligator exports.The Service has previously expressed itsconcern about the effects of increasedexports on other Endangeredcrocodilians that occur in internationaltrade. International trade in alligatorproducts is presently subject to therestrictions of the Convention ofInbrnational Trade of EndangeredSpecies of Wild Fauna and Flora, andgeneral wildlife exportationrequirements. A recent determination bythe Service (October 12, 1980, 45 FR69844) on this subject concluded that the

export of alligators taken during the1980-81 season in Florida and the 1980season in Louisiana would not bedetrimental to the survival of the,alligator or other Endangeredcrocodilians. The Service will continueto review this possible impact and willtake appropriate action if evidenceindicates that restrictions arewarranted.

This action is not an irreversiblecommitment on the part of the Service,The action is reversible and relisting Ispossible should the State materiallychange existing management programsor other changes occur which results Innew threats to the species' recovery.

The minor boundary change in SouthCarolina has no significant effect, sinceit only serves tq formalize a 2 milesegment which the Service and the Statealready are informally using,

Effective Date of This RuleBecause this rule is a substantive rule

which grants or recognizes anexemption or relieves a restriction, theService has determined to make iteffective immediately under theauthority of 5 U.S.C. 553(d) 1.National Environmental Policy Act

An Environmental Assessment hasbeen prepared and is on file In theService's Office of Endangered Species,1000 North Glebe Road, Arlington,Virginia and in the Jackson, Mississippi,Area Office located at 200 E. PascagoulaStreet, Suite 300, Jackson, Mississippi39201, and may be examined byappointment during regular businesshours. This assessment is the basis for adecision that this determination Is not amajor Federal action that significantlyaffects the quality of the humanenvironment within the meaning ofSection 102(2)(c) of the NationalEnvironmental Policy Act of 1969 and 40CFR Parts 1500-1508.

Note.-The Department of Interior hasdetermined that this is not a major rule anddoes not require preparation of a RegulatoryImpact Analysis under Executive Order _12291. The Department has also determined,in accordance with the Regulatory FlexibilityAct, that this rule will not have a significanteconomic effect on a substantial number ofsmall entities. While the rule may have animpact on some small entities, that impact Isexpected to be minimal and beneficial.

Primary Author

The primary author of this rule isMr. Wendell Neal of the Jackson AreaOffice, U.S. Fish and Wildlife Service,200 E. Pascagoula Street, Jackson,Mississippi 39201, FTS 490-4900, orcommercial 601/960-4900.

Federal Register / Vol. 46, No. 153 / Monday, August 10o,1981 / Rules and Regulations

Regulations Promulgation 1. The authority citation for Part 17 Is 2. Amend the table in § 17.11[h) byAccordingly, Part 17, Subchapter B of revised to read as follows: revising the entries of the American

Chapter 1, Title 50 of the Code of Authority: Pub. L 93-205, 87 Stat. 884; PNb. alligator under "Reptiles" to read as" L. 5-63, 92Stet. 37'51; Pub. 1. 96-159, 93

Federal Regulations is amended, as set 95-3 292 S. 51 P. se-1, follows:forth below: Stt. 121 (16 U.S.C. 1531. etseq.).

§ 17.11 [Amended]

* * * Reptiles.

_spees_ .______ ______ __ _ _wn WSWe Cr2I S=Common name Scmentilc name v eVoalano habt

Aliator. Amencan....Alriatorxja nssWpi SoutheastemU.SA - WoWhororfmdnwid m=Vt Eo 1.11.51.60.111 NA... NAin *twou lls as troaleAnod.as set forth bolow.

A159ator. Amenn_._..._.. Aligator ens... Southeastm UZ.A. U.S.A. FL and corti a of T_.. _ 20.47 51.60.111 NA........._ 17A2(a)GA d 1X. a3 set forth kiw.17.4A(a)1)).

Alfigator. Amencan- - AJlgator-m-ppensm. Southeatem USA -_ USA (LA) T(S/A).. 11.47,51.60.111 NA_ 17A2(a)Allgator, Amencan- Alrigator nnssssown _ Southeastem USA- In captivty whorw founld - T(SA) 11,47.51.111 NA... 17A2(a)

3.Prgah a •)o 74 is revised

3. Paragraph" (a)(1) of § 17.42 is revisedto-read as follows:

§ 17.42 Spe6ial rules-reptiles.

(a) American alligator (Alligatormisszssippzenss) . (1] Definitions. For thepurposes of this paragraph (a):"American alligator" shall mean anymember of the species Alligatornussissippiensis, whether alive or dead,and-any part, product, egg, or offspringthereof occurring- (i] in captivitywherever found; (ii) in the wildwherever the~species is listed undei17.11 as Threatened-Similarity ofAppearance (T[S/Af]; or (il] in the wildin Florida and in the coastal areas ofGeorgia, South Carolina, and Texas,contained within the followingboundaries: From Winyah Bay nearGeorgetown; South Carolina, west on.U.S. Highway 17 to Georgetown; thencewest-and south on U.S. AlternateHighway 17 to junction with SouthCarolina State Highway 63 south of

Walterboro, South Carolina; thencewest on State Highway 63 to junctionwith U.S. Interstate Highway 95; thencesouth on U.S. Interstate Highway 95(including incomplete portions) acrossthe South Carolina-Georgia border tojunction with U.S. Highway 82 in LibertyCounty, Georgia; thence southwest onU.S. Highway 82 to junction with U.S.Highway 84 at Waycross, Georgia;thence west on U.S. Highway p4 to theAlabama-Georgia border, thence southalong this border to the Florida borderand following the Florida border westand south to its termination at the Gulfof Mexico. From the Texas-Loulsianaborder at the Gulf of Mexico, northalong this border to Texas StateHighway 12; thence west on StateHighway 12 to Vidor, Texas; thencewest on U.S. Highway 90 to the Houston,Texas, corporate limits; thence north,west, and south along Houstoncorporate limits to junction on the west

with U.S. Highway 59; thence south andwest on U.S. Highway 59 to Victoria,Texas; thence south on U.S.hghway 77to the corporate limits of Corpus Christi,Texas; thence southeast along thesouthern Corpus Christi corporate limitsto Laguna Madre; thence south along thewest shore of Laguna Madre to theNueces-Kleberg County line; thence eastalong the Nueces-Kleberg County line tothe Gulf of Mexico.

'Buyer" shall mean a person engagedin buying a raw, green, salted, orotherwise untanned hide of anAmerican alligator.

"Tanner" shall mean a personengaged in processing a raw, green,salted, or crusted hide of an Americanalligator into leather.

Dated. July 22,1981.G. Ray Arnett.Ass istant Secre faryfor Fish and Wildhfe andParks.Iff Dct. 8M-3 2 Filed &-7-M &4 am]BILWNG CODE 4310-55-M

40669

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Monday. August 10. 1981

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FEDERAL REGISTER PAGES AND DATES, AUGUST

39431-39560 ....................... 339561-3980 ....................... 439809-39982 ....................... 539983-40180 ....................... 640181-40500 ............................ 740501-40670 ......................... 10

At the end of each month, the Office of the Federal Registerpublishes separately a list of CFR Sections Affected (LSA), whichlists parts and sections affected by documents published sincethe revision date of each title.

1 CFR470 ..................... . 39431

3 CFRProclamations:4851 . ....... ....... 40501

7 CFR68 ..................... 39608272 ......... . ........ 39561273 ............................. 39561908 ....................---39983910 ........................... 40202916 ........................ 40503917 .............--.- 40503919 ..... . 4.....0.... -40503

922 ....................---405039232. .......... .... ..........-...- 40503923 ................... 40503924 ...................... 40503926 .......... ......... ..40203930 ...................... ....40503945 ........................ .... 40503946 ................................ 40503947 ........ ....40503948 .......................-40503

958 ................... -40503967 . . ...... 40503-985 ......................40503989 ............................-39983993 ....................... . 405031701 ................ ... 395632852. ............... 39563256..-.... ............. 39566Proposed Rules:Ch.IX..........402

29 ............ ........ 394381011 .................... .. 39440

8 CFR100 .. ............ .. 39573238 ..................... 40504, 40505

9 CFR92 .. .............. 39809

10 CFR2 .. . ......... 39573205 ...........................-39984780 .......... , ................. 39581Proposed Rules:51 .............................. 39440

'500 ......................... 39442501 ............ .394425U3 ...... ....... ....... 39442-504 ....................... 39442505 .................... 39442

12 CFR

303...... 405

Proposed Rules7.-.--- 40520

614. ....... 40027, 40028615.-.--........40029

13 CFRProposed Rules:.124.... . -39611

14 CFR39-.-39431. 39990-39992,

40506-4050871.....-39432-39434. 39993-

39995,40509,4051075.--...--...---39995-3999791---..--.39606, 3999797................ . 39999

Proposed Rules:39558, 40527

39-----.-.40031

61. .......... 40529. 4064663...-..........4052965..- -..... 4052967.. -4052971 ...... 39443, 39444, 40032-

40035,4053573 .... ....... 40034

121--... 40527

15 CFR369.-----. -. 40001385-.-.-- --.. 39585399 ....................- 39585

16 CFR

Proposed Rules:13.......39833, 40037, 40040457..... --.. .39845

17 CFR200...............-40001,,40003

18 CFR1.......9846Proposed Rules:2.--- .-...- 39445

39184635 .... . ........ 39445

271 ........... 40043. 40044375.-.....-.......39846

19 CFR353--....... 39587355 .............-39587

ii Federal Register / Vol. 46, 'No. 153./ MondayL August 10, 1981 / Reader Aids

20 CFR410 ..................................... 39588

21 CFR

176 ............ ......... 39589Proposed Rules:1308 ................................... 39848

23 CFR

450 ..................................... 40154650 ..................................... 40154

24 CFR

81 ....................................... 39434300 ....................................39810

25 CFR

258 ..................................... 40510

26 CFR

1 ......................................... 39589

27 CFR

9 ............................ 39811,40045240 ..................................... 39812252 .................................... 39812Proposed Rules:4 ......................................... 39849,9 ...................................... 39852240 ..................................... 39853252 ..................................... 39853

30 CFR

700 ..................................... 40650Proposed Rules:700 ..... 40652715 ..................................... 39854816 ................ 39854817 .... .......... 39854901 ..................... 40049906 ................ 39855917 ............... 40047931 ..................................... 40050

32 CFR

54 ....................................... 39817251 ..................................... 39817

33 CFR

100 ..................................... 39435117 ..................................... 39436Proposed Rules:100 ..................................... 40057110 ..................................... 40057117 ..................................... 40057

34 CFR

629 ..................................... 39778630 ..................................... 39784631 ..................................... 39784632 ..................................... 39784633 .................................... "39784634 ..................................... 39784635 ..................................... 39784636 ..................................... 39804

36 CFR

7....................................... 39817Proposed Rules:1190 ................................... 39764

40 CFR

35 .......................... 39590,40511

52 ........... 39818,39822,40003-40006,40512

81 ....................................... 40007180 ...................... 39824-39827193 .......... .................... 39827261 ..................................... 40170Proposed Rules. - ,52 ............ 39611-39614, 39861-

39864,40536180 ..................... . 39865261 ..................................... 40058434 ............................ ....... 39456

41 CFR

Ch. 18 ................... 40009,40019Ch. 101 ............................. 39436101Z4 . .................. 39593101-42 ............................... 39590101-43................... 39590101-45...................... 39590101-46 ........................... 39590101-48 ............................... 39590

42 CFR

64a ................................ 39976

43 CFRProposed Rules2800 . .................... 399692880 ...........................-39964

44 CFR

64 .................................... 3959665 ................................. 3959767 ..................... ............. 39829Proposed Rules:67 ............. 39456-39459, 39615.

39621

46 CFRProposed Rules:Ch.I .................................. 39460

47 CFR73 ............ 39603-39605,40020-

40024Proposed Rules.2 ....... ......... ..4053622 .................... 4053673 ............ 39627,39629,40059,

4053674 ................ ....... .4053687 ................................... 3963090 . ........... .9632

49 CFR512 ...........................--40513525 . ............... .. 40513553 ..................................... 40513555 ..................................... 40513613 ..................................... 401541033 ................................... 405131100 ................................. 40516Proposed Rules:100-199(Ch. I) ............... 40540175 .................................... 40540Ch. II ................ . ... 39461575 ..................................... 405411201 .................................... 401541240 ................................... 401541241 .................................. 40154

50 CFR

17 ......................... 40025 40664

371 ..................................... 39829611 ..................................... 39831651 ..................................... 39829674 ..................................... 40518Proposed Rules:654 ..................................... 40062661 ..................................... 39634

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